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Backup Documents 02/14/2006 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING BACKUP FEBRUARY 14, 2006 o NAPLES DAfl'l:' NEWS Published Dally Nap1e$. FL )41(2 Affidavit of Publication State of Florida County of Collier Before the tU'.dnigncd they se.rve as11le authority, periQllaJiy appear..: a l.am.11, whO Oll oath Sil)S that they 5<1'\'e as the A'$ista-"'l: CotpOrate Silcretary of the Nap!.; Vaily, a daily Mwspapel' published at "aples. in COmer County, Florida: dMnbllted in Collier 3IId Lee countics of Florida; that the attached 001')' of the ach",tising being a PU1:lLK NOTICE In the matter of Public Noti~ as pubii,hed In ';llid ncw.;paper 1 Afiii\1"t further !\J'1 {~that the &aid Ni\l'j.~ Ofl.'\)' '\iCW!\ i:!1.n. Ilcw;p.tq:;lll't Tlllhli!'lhcd at 1'arte:;, It\ ~;'!.td C.oJlierCOlmt;'i, Horidl'l. <lnoth;lt the ~:!:d M\\'!\pa'DCf has hcntl;'fore beon (:C)rtt;nuouly publi:!illed in snid. Cnllier;x;: ,::::J:" CUllUI)" Florida; dhiributcd in CCllhera,r.d tee coontietl; ofFl(lritl3.....::C . each day and bl\~ ~Jl\1'l entred all ~cco!]d ~tu~ tr'ltll.t t'l'I,\tter at the p'ca:l"';i'.1Iiiia. c-ffi:c in Nap1c~. h Sftl(J C()Uer CQUr1.y, Florida, 1'Q( tL f.lt.:f"tO([ t'rf 1 . ,'" '~~ yel\!' ne:.lJ 'P'r'tc(:dillg the fh>ct pL1bti~i\titJJ' (,J(;ha ;l"~ched ~a'p'y d ;:']itt~~ advcrti~i::rncn\: 30d Il.lliW-ll. .ful1her l\"Y~ thAt he ht.!'. ncith~ p.'\id ""'" ~:l(I~I:~:' -promIBt'.{ 'tln.y pe: !',vn, ti'l'm a' cccportli"n <'lny dts:coufl\, rehllk '" c~mmi"!iton OJ nd\;]~ [Qt\J'le purpo~e. (If\(:~lJdflS tiliZl tLdv<<ti('t;m~ f()!',;,\ " pJblicnticlfI in tn.> ~:Iid. FlC~pC1", ,. ;],A '( Si gnaturc of . ffiant) . Fell' _whOdonothave~ II>Charlll1ll11f16 Qr tI'tiJ~.~ag.iidwwillb8.aYlllIlll:lf.f6rlevi~w 1lt'w.ll:IlI1l\l!CJll..IItICI~I.c:tese1tylibtiirl", wl'IiCh tll_~j"1l.rt!.li.MoiIdaY~dln9tCC;hn1ellt;n;;. . 01Ilef.... ,tI!f!c. '._. w..~...., M.....thfoiJ. . .~..... .Ut.....~..... .~.... ..makll UiV.' . qt.f1tIa'.' . .'. 'ibi'nl~.~\I.' . ." . . . I"Qflltl~ti!Oiiifh1fcrtT\at!~: ~~.., ~1IT~rG~;'iy O_;fllCltlOl'l and 0LrltxlrMrFl.18l1ancit 774-9999. time(s) in tile is,me Feb'''''!) 12th, 2(l()6 Sworr. to and s"bscribcd befol" me This Febmary 13th, 2006 " M tL /. , "~ 'l..~ b___ ?!...:!J (SlgnalUI'C cf mUll)' public) {7 ,<'tHI:~l",,, Harrlatl Bushot1;j /,'.ET:,."; M'(QMMrsSKlN~ D,D2l'681 EXPIRES ,.JP,!c'~' .1v~ 24, .001 it ;/: ,,:;~, "l"Iolf1'~'fJfl;l:t 7,Qr::j'I/'Mr.lIPI!:!.'F<!ANCIi lNC Na.lIl. -/ -.,"....."2 mil COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tt'~ '.', ' ----~..-. .~.-.,.~", AGENDA February 14, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 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. Page 1 February 14, 2006 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 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.) Approved and/or adopted with changes - 5/0 B. January 10, 2006 - BCC/Regular Meeting Approved as presented - 5/0 C. January 11,2006 - BCC/LDC meeting Approved as presented - 5/0 D. January 24, 2006 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE A WARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation offering our appreciation and thanks to the Veteran's Transportation Program's volunteer drivers, office staff, and their families. To be accepted by Jim Elson, President of the Collier County Veterans Council. Adopted - 5/0 Page 2 February 14, 2006 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding member Award to Herbert Rosser Savage. Presented B. Presentation by the City of Naples in appreciation for the County's assistance after Hurricane Wilma. To be presented by City Manager Dr. Robert Lee and Mayor Bill Barnett. Presented 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition CU-2004-AR- 5439, Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting a Conditional Use of the "E" Estates district for earth mining per Table 2, Section 2.04.03 of the Land Development Code (LDC). The property is located between 54th Avenue N.E. and 56th Avenue N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Companion Item: V A-2004-AR-5438 Continued to February 28, 2006 - Approved 4/1 (Commissioner Coyle opposed) B. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition V A-2004-AR- 5438 Darryl J, Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting an after-the-fact variance from Section 4.02.02C of the Land Development Code (LDC) of the Estates Zoning District for earth mining to exceed the maximum site area (20 acres). The property is located between 54th Avenue N.E. and 56th Avenue N.E., in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Resolution 2006-35 - Adopted w/CCPC stipulations 3/2 (Commissioner Halas and Commissioner Coyle opposed) 8. ADVERTISED PUBLIC HEARINGS Page 3 February 14,2006 A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR- 7824 Pawel and Teryl Brzeski, represented by Gary Butler, of Butler Engineering, Inc., requesting a second two-year extension of the Magnolia Pond Planned Unit Development (PUD) granted by Ordinance Number 98- 49, and extended until June 9, 2005 by Resolution Number 04-284, pursuant to LDC Section lO.02.13.D, The subject property, consisting of 42.05 acres, is located on Magnolia Drive, west of Collier Boulevard, between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Motion to Deny - Approved 5/0: Resolution of Denial 2006-36 to be prepared by the County Attorney's Office B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-6932; R & S Development Company, LLC, represented by Kelly Michelle Smith, of Davidson Engineering, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a residential development to allow a maximum of 60 dwelling units, to be known as Sandalwood RPUD. The property to be considered for this rezone is located west of Livingston Road, just south of Mediterra, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. Motion Failed for Lack of Super Majority 3/2 (Commissioner Coyle and Commissioner Halas opposed): Resolution of Denial 2006-37 to be prepared by the County Attorney's Office C. This item was continued from the January 24. 2006 BCC Meetin!! and is bein!! requested to be further continued to the February 28, 2006 BCC Meetin!!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005- AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P.A. and R. Bruce Anderson, ofRoetzel & Andress, is requesting a 2-year extension to the ASGM Business Center of Naples PUD. The PUD was originally approved on October 8, 2002 as Ordinance 02-47, and sunset on October 8, 2005. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard, approximately ofa mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. Motion to continue to the 1 sl BCC Meeting in June 2006 - Page 4 February 14,2006 Approved 5/0 Continued to the February 28, 2006 BCC Meeting D. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Collier County Emergency Medical Services Impact Fee Update Study, establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. Motion to continue to the February 28, 2006 BCC Meeting - Approved 5/0 Moved from Item #16C3 E. Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier Countys South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005, allow this Plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. Resolution 2006-38 - Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Land Acquisition Advisory Committee. Resolution 2006-30: Re-appointing Willis P. Kriz; Wayne Jenkins and appointing Kevin G. Kacer and Stan Weiner to fill the remainder ofthe term - Adopted 5/0 B. Appointment of members to the Pelican Bay MSTBU Advisory Committee. Resolution 2006-31: Re-appointing Edward V. Staros and appointing David J. Bramson and Coleman J. Connell- Adopted 5/0 C. Appointment of members to the Code Enforcement Board. Resolution 2006-32: Appointing Justin DeWitte as a regular member and David Cook and Kenneth Kelly as alternate members - Adopted 5/0 Page 5 February 14, 2006 D. Appointment of member to the Board of Building Adjustments and Appeals. Resolution 2006-33: Appointing Edward A. Wood - Adopted 5/0 E. Discussion regarding the Collier County Ordinance No. 1995-66, as amended, regarding the Collier County Public Vehic1e for Hire Ordinance to consider providing direction to change the language regarding trade names for companies. (Commissioner Henning) To amend Ordinance to include a grandfather clause and to assist Maxi Taxi with a temporary CTO; and to forward on to the PV AC Advisory Committee for recommendation - Approved 5/0 F. Discussion to approve a conceptual plan to acquire, in fee-simple or reduced price, current government-owned lands for earth mining and/or affordable housing (Commissioner Henning). County Manager to develop conceptual plan - Consensus 10. COUNTY MANAGER'S REPORT A. Recommendation for the approval of the third Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-Category. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) · Brochu - To remain in Category A - Approved 3/2 (Commissioner Henning and Commissioner Coyle opposed) · Caribbean Gardens (Fleischmann Parcel #2) Move to Category B _ Approved 5/0 · Milano - To remain in Category A - Approved 4/1 (Commissioner Henning opposed) · Peters - To remain in Category A - Failed 2/3 (Commissioner Halas, Commissioner Coyle and Commissioner Henning opposed); Move to Category B - Approved 4/1 · Schutt - To remain in Category A - Approved 5/0 · Winchester Head - Move to Category B - Approved 5/0 · Talon - Move to category C - Approved 4/1 (Commissioner Halas opposed) A final motion was made to approve the list as amended - Approved 4/1 (Commissioner Henning opposed) Page 6 February 14, 2006 B. Request from the Collier County Housing Development Corporation that the Board of County Commissioners of Collier County donate the residential portion of the Bembridge PUD to be used for Affordable-Workforce Housing. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Direct staff to work with Housing Administration and to seek direction from the Attorney General- Approved 5/0 C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $5,809,000.00. (Norman Feder, Administrator, Transportation Services) Resolution 2006-39 - Adopted 4/0 (Commissioner Coyle out) D. This item to be heard at 11 :30 a.m. Request direction to staff to proceed with its due diligence review and contract preparation of proposed land exchange between Collier County and City of Marco Island. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 E. Recommendation to approve award of bid 06-3941 in the Amount of $3,559,343 to Akerman Construction Company Inc. for the construction of the Potable Water Main along U S 41 from Lely Canal approximately 1600 feet east of Rattlesnake Hammock Road and US 41 Intersection to Barefoot Williams Road Project 71059. (Jim DeLony, Administrator, Public Utilities) Approved - 4/0 (Commissioner Coyle out) F. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05-3583 CEl Services for Collier Boulevard Road Projects for Project No. 65061 Collier Boulevard, Golden Gate Boulevard to Immokalee Road in the amount of$I,663,792.80. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Coyle out) G. This item to be heard at 4:00 p.m. Presentation of options regarding user fees for the Vanderbilt Beach Parking Garage. (Marla Ramsey, Administrator, Public Services) Page 7 February 14,2006 Motion for there to be no beach parking charge for residents of Collier County with a beach sticker and a $6.00 charge for non-residents at all beach locations; and to be brought back in one year to discuss the revenue at the budget hearings - Approved 4/0 (Commissioner Coyle out) H. Recommendation that the Board of County Commissioners adopt a Resolution calling for a Referendum Election on November 7, 2006 to determine whether voters approve continuing the levy of an ad valorem tax not exceeding .25 mil through the year 2013 to continue to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands even after the $75 million dollar bond issue previously authorized by referendum on November 5, 2002 for such acquisition and management has been spent. (Joseph Schmitt, Administrator, Community Development; Michael Pettit, Assistant County Attorney) Committee to bring back for clarification and amount of the cap at a future BCC Regular Meeting - Approved 4/0 (Commissioner Coyle out) I. Recommendation to approve Collier County's Fiscal Year 2007 Federal Legislative Agenda. (Debbie Wight, Assistant to the County Manager) Approved - 4/0 (Commissioner Coyle out) Moved from Item #16B7 J. Recommendation to approve a Resolution authorizing removal of a non- warranted traffic signal from the intersection of Radio Road at Kings Way/Briarwood Boulevard. Removal of the traffic signal poles and equipment will cost approximately $4,000. Resolution 2006-34 - Adopted w/stipulations 4/1 (Commissioner Coyle opposed) Moved from Item #16F4 K. Recommend Approval of an Amendment to County Resolution # 2004-370 Covering a Policy for the Approval of Funds for Travel Expenses for Persons Conducting Official Tourism Business. Resolution 2006-40 - Adopted 4/0 (Commissioner Coyle out) Moved from Item #16F3 L. Recommend Approval to Pay Paradise Advertising & Marketing, Inc. for Commissions Due on Emergency/Disaster Recovery Advertising from May 25,2004 to Present in the amount of$27,113.50. Page 8 February 14, 2006 Approved - 3/1 (Commissioner Henning opposed and Commissioner Coyle out) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Kenneth Thompson - (not present, item addressed by Jim Mudd for Mr. Thompson) in regard to recycle bin being run over - Mr. DeLony to take care of situation. B. Phil Osborne - regarding a 4 month temporary use permit (Motion made to authorize staff to issue a 4 month temporary use permit - Approved 4/0 (Commissioner Coyle out); Commissioner Coletta requested a follow-up report 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners, pursuant to Section 286.011(8), Fla. Stat., meet in executive (closed attornev-client) session at 12:00 p.m. on Tuesdav, Februarv 14, 2006, to discuss settlement negotiations and/or strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et. aI., Case No. 02-1702-CA pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Assistant County Attorney Ellen T. Chadwell; Craig B. Willis, Esquire; and County Manager James V. Mudd. Closed Session Time Certain 1:00 p.m. (Companion to Item #12A) B. Recommendation that the Board of County Commissioners reject the settlement offer proposed by John P. Cardillo, Esquire on behalf of the North Naples Fire Control and Rescue District and give direction to outside counsel, Craig B. Willis, Esquire, and the Office of the County Attorney regarding counter-offers and litigation strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et al., Case No. 02-1702- CA (Goodlette-Frank Road Project No. 60134). Rejection of Settlement Offer - Approved 5/0; Consensus to continue negotiations C. This item was continued from the Januarv 24, 2006 BCC Meetinl!:. Recommendation that the Board of County Commissioners adopt a Resolution Superseding Resolution No. 94-136, and providing guidelines for consideration of applicants for appointment to Advisory Boards, Page 9 February 14, 2006 Motion to continue to the March 28, 2006 BCC Meeting - Approved 4/0 (Commissioner Coyle out) D. Consider Proposed Settlement Agreement in reference to the lawsuit entitled Gordon Douglas v. Collier County Case no. 2:04-CV-545-FtM-33 DNF, now pending in the United States District Court for the Middle District Court for the Middle District of Florida, Fort Myers Division, and give direction to County Attorney regarding the litigation, Approved - 3/1 (Commissioner Henning opposed and Commissioner Coyle absent) E. Recommendation To Approve A Resolution To Establish The Habitat Conservation Plan Advisory Committee As An Ad-Hoc Committee; Providing For Creation And Purpose; Providing For Terms, Appointment Of Members, And Failure To Attend Meetings; Providing For Officers, Quorum, And Compensation; Providing Functions, Powers, And Duties; Providing For Dissolution Of The Committee; And Superseding Resolution No. 2005-174 In Its Entirety. Resolution 2006-41 - Adopted 4/0 (Commissioner Coyle absent) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd regarding the Conservancy and the purchasing of the Caribbean Gardens property. B. Jim Mudd clarifying the June BCC schedule: June 6 and June 20, 2006 and Budget Workshops on June 22, 23 and wrap-up on June 26, 2006 if needed. C. Commissioner Henning regarding the purchase of Collier private lands D. Commissioner Halas regarding a letter to the Governor to speak at a breakfast regarding the Legislative Consortium - Approved 4/0 (Commissioner Coyle absent). E. Commissioner Halas regarding a dedication to Mr. Ken Abernathy; Collier County Planning Commission, for services to the County. ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be Page 10 February 14, 2006 routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve for recording the final plat of "Fiddlers Creek South Commercial Center", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 2) Recommendation to approve for recording the final plat of "Treviso Bay", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Glen of Naples". The roadway and drainage improvements will be privately maintained. Resolution 2006-22 w/release of maintenance security 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Park". The roadway and drainage improvements will be privately maintained. Resolution 2006-23 w/release of maintenance security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Park Phase II". The roadway and drainage improvements will be privately maintained. Resolution 2006-24 w/release of maintenance security 6) Recommendation to approve for recording the final plat of "Artesia Naples", approval of the standard form Construction and Maintenance Agreement and approval ofthe amount of the performance security. W /stipulations Page 11 February 14,2006 Continued to the February 28, 2006 BCC Meeting 7) Recommendation to approve for recording the final plat of "Brentwood Two". 8) Recommendation to approve an Interim Management Plan for the McIntosh property under the Conservation Collier Land Acquisition Program. At a cost of $75,200 over two years 9) Recommendation to authorize the County Manager, or his designee, to submit a Florida Humanities Council mini-grant proposal to fund an interpretive trail project at the Conservation Collier Otter Mound Preserve for $5,002 (of which $2,000 will be reimbursable). To develop public programs and resources that explore Florida's history, literary and artistic traditions, cultural values and ethics. 10) Recommendation to approve two impact fee Satisfactions of Lien for two individual properties due to a change in ownership and the subsequent recording of new deferral agreements in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. Located at 1204 and 1225 Allegiance Way, Immokalee 11) Recommendation to approve two impact fee Satisfactions of Lien for two individual properties due to the deferred impact fees being repaid in full, in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. Located at 627 Clifton Road and 1240 Allegiance Way, Immokalee 12) Recommendation that the Collier County Board of County Commissioners approve a budget amendment totaling $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. As Detailed in the Executive Summary (Companion Item 16Gl) Page 12 February 14, 2006 13) Recommendation to authorize an additional permanent position of Supervisor for a new work team being established to provide improved land use project review and permitting application intake service within the Community Development and Environmental Services Division at a total budgeted cost of $58,500 for all salary, benefits, taxes and operational expenses. As Detailed in the Executive Summary 14) Recommendation to authorize the County Manager or his designee to sign a police affidavit against trespass at the Railhead Scrub Preserve pursuant to the Railhead Scrub Preserve Interim Management Plan. To discourage illegal dumping and trespassing 15) Recommendation that the Board of County Commissioners waive the formal competition process and solicit quotes to select a consultant to update the General Government Building Impact Fee due to an accelerated date of completion required to meet deadlines set forth by proposed legislation related to statutory guidance on impact fees. As Detailed in the Executive Summary B. TRANSPORTATION SERVICES 1) Recommendation to award bid #06-3934 "Pine Ridge Road /1-75 Interchange Streetscape Beautification Project" landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of$185,416.83 plus a 10% contingency of$18,541.68 for a total of $203,958.51. (Project #740461) 2) Recommends Board's Approval of Adopt-A-Road Agreement (1) for the following: ASAP Signing Agency of Ana Patino, Inc. To perform litter removal in accordance with instruction contained in the agreement 3) Recommendation to approve selection committee ranking of three firms for negotiations for RFP 06-3931 "Professional Design and Related Services for Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No. 60040. Stanley Consultants, Parson Brinckerhoff Quade and Douglas, and WilsonMiIler Page 13 February 14, 2006 4) Recommendation to approve a Sale and Purchase Agreement for the sale of County owned property located North of Golden Gate Parkway and East of Goodlette-Frank Road. (Estimate fiscal impact $465,240.90). As Detailed in the Executive Summary 5) Recommendation to approve and execute a Drainage and Pond Usage Agreement and to accept a Non-exclusive Drainage Easement from Royal Poinciana Golf Club, Inc., necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road. (Project No. 60005). (Fiscal Impact: $27.00) 6) Recommendation to award bid #06-3933 "Golden Gate Boulevard Phase II" from 29th Street SW to 13th Street SW landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of $622,424.86 plus a 10% contingency of $62,242.48 for a total of $684,667.34. (Project #600221) Moved to Item #10J 7) Recommendation to approve a Resolution authorizing removal of a non-warranted traffic signal from the intersection of Radio Road at Kings Way/Briarwood Boulevard. Removal ofthe traffic signal poles and equipment will cost approximately $4,000. 8) Recommendation to approve a Change Order to add $93,740.70 for waterline inspection and $149,055.07 for sewer inspection to Johnson Engineering, Inc. under ITQ 04-3583 CEI Services for Collier County Road Projects for Project No. 60018 "Immokalee Road Project from Collier Blvd to 43rd Ave NE". in the total amount of $242,795.77. 9) Recommendation to accept a funding agreement with the South Florida Water Management District to share a portion of the construction cost of the Lely Area Stormwater Improvement Project Phase I in the amount of $400,000. 10) Recommendation to seek Board approval of a resolution authorizing execution of a County Incentive Grant Program (CIGP) Agreement and a Memorandum of Agreement with the Florida Department of Transportation to fund the Project Development and Environment Page 14 February 14, 2006 (PD&E) study for SR 82 from the Lee County line to SR 29 with the County's obligation being $500,000. Resolution 2006-25 11) Recommendation to award bid #06-3935 "US 41 Tamiami Trail North Phase IV Streetscape Beautification Project" from Immokalee Road to Wiggins Pass landscape and irrigation installation to Vila & Son Landscaping, Corp. with a base amount of$347,437.76 and 10% contingency of$34,743.77 for a total of$382,181.53, (Project #600241 ) 12) Recommendation to approve a Work Order in the amount of$152,486 to PBS&J for design of the North Road Ditch Improvements Project (Project No. 511381), in accordance with the Transportation Planning Services Contract No. 02-3371 and to approve a budget amendment in the amount of $30,000. To enclose the 4,100 foot long roadside ditch that runs down the south side of North Road and replacing it with an adequate stormwater pipe system 13) Recommendation to authorize County Manager or his designee to enter into a Work Order in the amount of $114,519.50 with Carter & Burgess Inc. for a Transportation Planning and Preliminary Engineering Study for the Bayshore/Gateway Triangle area. 14) Approve a Budget Amendment recognizing the Fiscal Year 2005 _ 2006 Collier Area Transit (Fund 426) Federal Transportation (FTA) 5307 and State Block Grant 5311 Revenue allocations and establish corresponding program expense budgets via budget amendment. C. PUBLIC UTILITIES 1) Recommendation to approve payment of invoices for uniform items in the total amount of$4,967.50. Hats and shirts were purchased and furnished to the various crew members during recovery efforts following Hurricane Wilma 2) Recommendation to approve Work Order HS-FT-3785-06-04 with Hazen & Sawyer, P.C., for professional engineering services for the South County Regional Water Treatment Plant Reverse Osmosis (RO) Page 15 February 14, 2006 Well field Four New Reliability Potable Water Wells in the amount of $748,432, Project Number 71051. To provide reliable water supply for the new 12 million gallons per day expansion at the South County Regional Water Treatment Plant Moved to Item #8E 3) Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier Countys South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005, allow this Plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. 4) Recommendation to approve a Change Order to Work Order No. AB- 040-06-02 with Angie Brewer and Associates, L.C, in the amount of $99,634.00 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 Reverse Osmosis Well field Expansion to 20 Million Gallons per Day (MGD); Project Number 708921. To produce sufficient reliable raw water for the previously approved SCRWTP 12-MGD RO Expansion and increase the plant's finished water Reverse Osmosis capacity to 20 MGD 5) Recommendation to award Work Order CDM-FT-3593-06-03 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and engineering services for well site evaluation and transmission main study for water supply for the next phase of development for the NERWTP the amount of$771,302.00, Project Number 70899. To provide a water supply for the Northeast Regional Water Treatment Plant (NERWTP) necessary to meet the demand in the Northeast area ofthe County and to stay in compliance with regulatory requirements 6) Recommendation to award Work Order CDM-FT-3593-06-04 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and Page 16 February 14, 2006 engineering services related to the reliability water supply wells for the North County Regional Water Treatment Plant in the amount of $975,026, Project Numbers 71006 and 71011. To provide reliable water supply for the North County Regional Water Treatment Plant (NCRWTP) to meet operational and reliability needs and demand in Collier County and to stay in compliance with regulatory requirements 7) Recommendation to approve a Budget Amendment for $68,420.75 for South County Water Reclamation Facility Process Control Building Expansion (Project 72509) to reimburse money that did not roll forward from fiscal year 2005 to fiscal year 2006. 8) Recommendation to award Work Order CHM-FT-329 1-06-01 under Fixed Term Contract 01-3291 to CH2M HILL, Inc. in an amount of $31,000.00 for Time and Materials to provide Construction Engineering Inspection services to serve the North County Water Reclamation Facility (NCWRF), and approve the necessary Budget Amendment in the amount of$100,121.00 for Project Number 73966, NCWRF Bleach System. To enhance the reliability and safety of the chlorine bleach system and 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 9) Recommendation to award Work Order MPI-FT-3785-06-06, Landfill Gas- To-Energy Project Development Assistance for Collier County, with Malcolm Pimie, Inc., Project 59004, in the amount of $215,000 and authorize the County Manager or his designee to execute the Work Order. To secure technical expertise and oversight to Collier County's contractor, Waste Management Inc, designed to make use ofthe landfill gas which is currently being burned off by means of a flare D. PUBLIC SERVICES 1) Recommendation to Adopt a Resolution to Declare a Public Purpose and Allow Collier County Domestic Animal Services to Create a Page 17 February 14, 2006 Trust Account for the Solicitation, Receipt, and Expenditure of Donations to Collier County Domestic Animal Services. Resolution 2006-26 2) Recommendation to expand a ,8 Full Time Equivalent (FTE) position associated with Services for Senior's program to 1.0 FTE. To reduce the number of individuals on the wait list for case management services and increase the amount of spending within the Community Care for the elderly 3) Report expenditure of Direct Material Purchase program funds associated with additive Change Order #20 for North Collier Regional Park. To complete the North Collier Regional Park in an efficient and cost-effective manner E. ADMINISTRATIVE SERVICES 1) Recommendation to approve and execute a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2006 calendar year. Resolution 2006-27 2) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2006 Calendar Year. Resolution 2006-28 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 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; December 17,2005 through January 19, 2006 4) Recommendation to Approve Standard Form Design-Build Contract for Use in the Acquisition of Design and Construction Services From a Single Firm. Page 18 February 14, 2006 To ensure that the needs and interests of Collier County government are clearly set forth and protected contractually in one of the agency's more significant acquisition agreements 5) Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for office space to house the State Attorney's Economic Crime Unit at a first year's annual cost for rent and CAM of$72,018.79, Fund 001, and communications systems cost of $12,454, Fund 178. 6) Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for temporary office space to house accommodate the expansion of the Information Technology Departments Data Center Operation at a first year annual cost of$125,545.50 and relocation expenses of$282,745. To relocate staff to make room for an urgent expansion of the Data Center in the Administration Building 7) Recommendation to declare certain county-owned property as surplus, authorize a sale of the surplus property on March II, 2006 and authorize the donation of certain surplus property to the City of Everglades and the Collier County Sheriffs Office. To dispose of the County's surplus property in a lawful, cost effective and public manner F. COUNTY MANAGER 1) Recommend Approval of Change Order #1 for Contract # 03-3537 with Paradise Advertising and Marketing, Inc. for media advertising and production in the amount of$ 148,384.19 and authorizing the County Manager or his designee to execute Change Order #1 after approval by the County Attorneys Office. As Detailed in the Executive Summary 2) Recommend Approval of Second Amendment to the Tourism Agreement For Emergency/Disaster Relief Advertising Plan with Paradise Advertising and Marketing, Inc, To compensate the agency for their time in creating the emergency plan, research and place the media, create and Page 19 February 14, 2006 produce the advertising, verify placement and pay for the media placed Moved to Item #10L 3) Recommend Approval to Pay Paradise Advertising & Marketing, Inc. for Commissions Due on EmergencylDisaster Recovery Advertising from May 25,2004 to Present in the amount of$27,113.50. Moved to Item #10K 4) Recommend Approval of an Amendment to County Resolution # 2004-370 Covering a Policy for the Approval of Funds for Travel Expenses for Persons Conducting Official Tourism Business. 5) Recommend approval of a $243,663,86 cost increase in TDC funds to the City of Naples grant for the dredging of Doctor's Pass, Project No. 905501 and approve all necessary budget amendments. The total revised cost of the grant will be $842,163.86. Due to increases in fuel, changes in scheduling and possible weather problems stemming from a later commencement date of work 6) Recommendation to award RFP# 05-3875 Hurricane Evacuation Study in the amount of$39,800 to Dewberry & Davis LLC and approve a Budget Amendment to fund the study. To provide a Hurricane Evacuation Study to update the County's original evacuation study completed in 2001 7) Recommendation to approve a Fourth Amendment to Lease Agreement with Gulf Shore Associates, Limited Partnership, for the continued use of office space by the Pelican Bay Services Division at a first year's annual rent and Common Area Maintenance fees of $27,353. The renewal period will run from February 28, 2006 to February 28, 2007, with an additional one-year extension option under the same terms and conditions as original Lease Agreement and subsequent 8) Recommendation to approve a grant agreement to receive $75,000 from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for the Near Shore Reef Mooring Buoys project and approve all necessary budget amendments. Page 20 February 14, 2006 The project will identify, protect and educate visitors and residents about these critical coral reef natural resources, while providing a recreational opportunity for boaters 9) Approve budget amendments. (#06-115) Ochopee Fire Control District funds are needed to purchase equipment to outfit the new Fire Apparatus recently obtained to replace outdated vehicles 10) Recommendation to approve Amendment No.1 to Contract 05-3854 "Collier County Beach Re-nourishment" (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1,035,287. As Detailed in the Executive Summary 11) Recommendation to approve a letter to the Florida Department of Health concerning Naples Community Hospital Healthcare System's Certificate of Public Convenience and Necessity for non-emergency ambulance service and authorize signature by the Chairman. Concerning the late submission by Naples Community Hospital Healthcare System's renewal of its Certificate of Public Convenience and Necessity G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in lmmokalee. (Companion item to the Board of County Commissioners budget amendment approval under 16A12) As Detailed in the Executive Summary H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Tom Henning requesting reimbursement for attending a function serving a valid public purpose. Commissioner Henning to attend the Economic Development Council's 30th Page 21 February 14,2006 Anniversary of Economic Development at the Naples Beach Hotel and Golf Club on January 30, 2006. $60.00 to be paid from Commissioner Henning's travel account. Located at 851 Gulf Shore Boulevard North 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Gulf Citrus Best Management Practices (BMP) Kickoff Event scheduled on February 1,2006 and is requesting reimbursement in the amount of $1 0,00, to be paid from his travel budget. Located at A. Duda & Sons facilities on State Road 29 3) Commissioner Fiala requests Board approval for reimbursement for funds paid to attend a function serving a valid public purpose. To attend the Annual Gulf Citrus Country Gala on Saturday, March 18, 2006 at the LaBelle Civic Center; $50.00 to be paid from Commissioner Fiala's travel budget. Located at 481 State Road 80, LaBelle 4) Commissioner Fiala requests Board approval for reimbursement for funds paid to attend a function serving a valid public purpose. Commissioner will be attending the 2006 Humanitarian Award Luncheon on February 23, 2006 at the Ritz-Carlton Beach Resort; $125.00 to be paid from Commissioner Fiala's travel budget. Located at 280 Vanderbilt Beach Road 5) To adopt a Resolution in support of the Public Safety Coordinating Council's Resolution No. 2006-01 for support in attaining additional Judges, Assistant State Attorneys, Assistant Public Defenders and supporting personnel for the Judicial System of Collier County. Resolution 2006-29 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 22 February 14, 2006 1) Recommend that the Board of County Commissioners designate the Sheriff as the official Fiscal Year 2006 Applicant and Program Point- of-Contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the Grant when awarded, and approve applicable budget amendments. As Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to approve the Offer of Judgment in the amount of $17,365.00 as to Parcel 148 in the lawsuit styled Collier County v. Regent Park Cluster Homes Association, Inc., et al., Case No. 04- 3452-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,265.00) 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 167B in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Phase Two Project 60018). (Fiscal Impact $48,431.00) 3) Recommendation that the Board of County Commissioners approve a Settlement Agreement and Release with Ajax Paving Industries, Inc. and/or Ajax Paving Industries, Inc. of Florida arising out of the construction project to widen Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (Contract No. 02-3424). As Detailed in the Executive Summary 4) Recommendation that the Board of County Commissioners approve the Issuance of Music Festival License for Radio Fiesta Special Event, pursuant to Ordinance No. 70-11. To be held at the Immokalee Airport grounds Sunday, February 12,2006 from 11:00 a.m. to 8:00 p.m. 5) Recommendation that the Board of County Commissioners accept $250,000.00 to resolve all disagreements between Collier County and Hansen Information Technologies and deem Contract 03-3500 for "Land Use and Permitting Software Application" terminated for Page 23 February 14, 2006 convemence. 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. Withdrawn A. Recommendation that the Board of County Commissioners adopt an Ordinance consenting to the exercise by the Board of Supervisors of Tuscany Reserve Community Development District of certain additional powers relating to public improvements and community facilities. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 24 February 14, 2006 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Februarv 14. 2006 Continue Item 8A to the Februarv 28. 2006 BCC meetina: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7824 Pawel and Terly Brzeski, represented by Gary Butler of Butler Engineering, Inc., requesting a second two-year extension of the Magnolia Pond Planned Unity Development (PUD) granted by Ordinance Number 98-49, and extended until June 9,2005 by resolution Number 04-284, pursuant to LDC Section 10.01.13.0. The subject property consisting of 42.05 acres is located on Magnolia Drive west of Collier Boulevard between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Continue Item 80 to the Februarv 28. 2006 BCC meetinq: Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Collier County Emergency Medical Services Impact Fee Update Study, establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. (Staffs request.) Item 12E: The Executive Summary should read under CONSIDERATIONS, 1st sentence, "April 26, 2005" (rather than April 26, 2006.) (Commissioner Coyle's request.) Continue Item 16A7 to the Februarv 28.2006 BCC meetina: Recommendation to approve for recording the final plat of "Brentwood Two". (Staff's request.) Move Item 16B7 to 10J: Recommendation to approve a Resolution authorizing removal of a non- warranted traffic signal from the intersection of Radio Road at Kings Way/Briarwood Boulevard. Removal of the traffic signal poles and equipment will cost approximately $4,000. (Commissioner Coyle's request.) Correction to Item 16B10: The title on the executive summary should read: Recommendation to seek Board approval of a resolution authorizina execution of a County Incentive Grant Program (CIGP) Agreement and a Memorandum of Agreement with the Florida Department of Transportation to fund the Project Development and Environment (PD&E) study for SR 82 from the Lee County line to SR 29 with the County's obligation being $500,000. (Staff's request.) Move Item 16C3 to 8E: Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier County's South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 million gallons per day (MGD) Facilities Plan, December 2005, allow this plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. (Staff's request.) Correction to 16E6: The title on the executive summary should read: Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for temporary office space to accommodate the expansion of the Information Technology Department's Data Center Operation at a first year's annual cost of $125,545.50 and relocation expenses of $282,745. (Staff's request.) Move Item 16F4 to 10K: Recommend approval of an amendment to County Resolution #2004-370 covering a policy for the approval of funds for travel expenses for persons conducting official tourism business. Also, note that the Board's approval of this item will result in a new resolution superseding resolution 2004-370. (Commissioner Coyle's request.) Item 16G1 is a companion to Item 16A12. Item 16K5: The Executive Summary should read: Under CONSIDERATIONS, 1st paragraph, "approximately $123,000.00" (rather than $60,000.00), Under FISCAL IMPACT, add sentence after 1st sentence to state: "Staff indicates the business processes/documentations product retained for use by the County has substantial value, but dollar estimates of that value vary. In man hours, it is estimated that several staff were involved full time in the useable product's initial development over a six month period." (Staff's request.) Withdraw Item 17 A: Recommendation that the Board of County Commissioners adopt an ordinance consenting to the exercise by the Board of Supervisors of Tuscany Reserve Community Development District of certain additional powers relating to public improvements and community facilities. (Petitioner's request.) Time Certain Items: Item 10D to be heard at 11 :30 a.m. Request direction to staff to proceed with its due diligence review and contract preparation of proposed land exchange between Collier County and City of Marco Island. Item 12A to be heard at 12:00 Noon: Recommendation that the Board of County Commissioners, pursuant to Section 286.011(8), Fla. Stat., meet in executive (closed attorney-client) session at 12:00 p.m. on Tuesday, February 14, 2006, to discuss settlement negotiations and/or strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et. al., Case No. 02- 1702-CA pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Assistant County Attorney Ellen T. Chadwell; Craig B. Willis, Esquire; and County Manager James V. Mudd. Item 12B is a companion to Item 12 A and will be heard in the Sunshine at 1 :00 p.m. Item 10G to be heard at 4:00 p.m. Presentation of options regarding user fees for the Vanderbilt Beach Parking Garage. 4A . PROClAMA TION WHEREAS, the Veterans Transportation Program is a cooperative effort between the Collier County Board of County Commissioners and the Collier County Veterans Council; and, WHEREAS, the purpose of the Transportation Program is to provide free transportation for Collier County veterans to VA healthcare facilities in Fort Myers, Bay Pines, Tampa, and other facilities in South Florida; and, WHEREAS, the drivers in this Program are all volunteers who donate their time and effort to see that our veterans receive needed hea/thcare in a timely manner: and, , .! ~. . .1 ;, :..., ; WHEREAS, the famt'lies' of these Volunteers al$()eontribute to the success of this Programbysupportingthevolunttlers'and the goals of the Tra,,:'t'o:fa~ion prog;,~m# ;( a~! // /::\''\t'(2~(~~?(~ c:',/....j,.\,.,:.,.....,.,.. ;;/~""'l.l,~' ~" _\','~,/ ,/ ,.~, j,'Zt,"'" r<.:''''-'"-,,,..,:: ;;,1 .'-).~:'\'I.."/~,',;' . ,".: ~'. ........ ",,', WHEREAS, in 112005, Dur volunteer! (:Irillers'ltJ!/!Jed 57,'356aceident-free miles, transported 642 vi!terohs to VA Medical Facilities, and contributed 2, OJ 5 volunteer hours." > 'r ;},',': . ,,~\J,,';1 )' \ "~: h~~' "\\ \'<","~'.,'): NOW THEREFCJ'RE;'f,it it ~;almed by t"~~Bodrd of.,Coun"ty~ominissioners of Collier County, Florida", that we offer our appreciation and our thanlato the volunteer drivers, office staff,.cand their families ;'. ';: ,''1'.' for their efforts in ,making the quality,oNife!beffer for the "","',;; . ", '~" f' vetera~in'oUl.<communlty:; ~l ',: ' ~b . DONE AND ORDERED';:;;;~~~~~~~~~~ ;i .i~ \Ii.;,t (",~:7ii:~_., :qt:<:;O.;:';" ,:j" ~''':'';.'~~\)~i;.':~'F . BOARD OF COUNTY COMMISSIONeRS COllIER COUNTY, FLORIDA -~.~~~a~ FRANK HALAS, CHAIRMAN ATTEST: r 78 ~ . COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARfNGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: ......*.._...._*......**......-***-*...._...*.......**..*..*...._...._........*.-._........ Date: Originating Dept/ Div: Comm.Dev.Serv.lPlanning Person: Michael J. DeRuntz Petition No. (If none, give brief description): V A- 2004-AR-5438, 56th Avenue NE Excavation Pctitioner: (Name & Address): Keene Engineering, Beau Keene, 1199 First Ave South, Naples, F1. 34! 02 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Varryl .J Damico, 1810 J & C Blvd., Unit 10, Naples, F1. 34109 Hearing before BCC BZA X. Other Requested Hearing date: Februarv 14. 2006 Based on advertisement appearing ~ days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: V A-2004-AR-5438, Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting a variance from Section 4.02.02C of the Land Development Code (LDC) of the Estates Zoning District for earth mining to exceed the maximum site area (20 acres). The application would allow for the inter-connection of three existing lakes to create a single 25.19 acres lake. The property is located between 54.. Avenue N.E. and 56,. Avenue N.E., in Section 4. Township 48 South, Range 28 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Companion to CU-2004-AR-5439 Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~~ Approved by: 1/9/d c, Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FORCLERK'Sr7fi~USEONLY: ~ J .f.Qj(\l~ Date Received: I I D Date of Public hearing: 2. lLl 0(0 Date Advertised: # 78 RESOLl1110N NO. 06- _ A RESPLl1110N OF TIlE BOARD OF ZONING APPEALs OF COLLlBR COUNTy FLORIDA, RELATING TO PETITION NllMBER VA-2004-AR_ 5438, FOR A 5.19 ACRE VARIANCE FROM TIlE 20 ACRE Rl3QUlREMENr OF SUBSECTION 4.02.02.C OF TIlE OF THE LAND DEVELOPMENT CODE FOR EARTHMTNINo AC1lVrrms IN AN ESTATES ZONING DISTRICT TO ALLOW FOR THE INTERCONNEcTION OF TWo LAKES CREATED AS A RESULT OF EARTHMTNINO ACTIVrrms INTO ONE 25.19 ACRE LAKE TO EXCEED TIlE MAXIMUM SITE, AREA OF 20 ACRES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAs, the Le!ii.lature of the State of Florida in Chapter 125, Florida S-. has ~emxI on all counti.. in Florida the power to e.toblisb, coordinate and enforce zoning and such business regulations as are neceasary for the protection of the public; and WHEREAs, the County pwsuant themo has lIdopted . Land Devcloj\meot Code (LDC) (0Minance No. 2004-41, as amended) which ....blisbes regulations tor the zoning of particular geo8Jllpmc divisions o{the County, among which i. the granting ofvariancea; and WHEREAs, the llqard of Zoning ApPOaIs, being the dnIy elected constituted Board of the area hereby affected, hu held a public hearing a1lcr notiCe as in said regulation.s made and provided, and has considend thelldvisability of. 5.19 acre vari= from rho 20 IICl'O ~ of Subsecti0ll4.02.02.C. of the we for earthminins activities in an Eotatea (E) Zoning District To allow for the inler<:o.onoction of two lakes created .. a reaull of the earthmining activiti.. into ODe 25.19 acre I.... for the property herolaatler .re.crilled. 8Ild has found .. · matter of filet that satistBctnry provision and arrangement have been made COncerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of Ihe zoning regulations of said Clll1'enr LOc for the WIincorpolllled 8lea of Colli... County; and WHEREAs, all inlerosted partie. have been given opportunity To. be bcanl by this llqard in public meeting assembled, and the Board having considered all m-... _led. NOW, THEREFORE, BB IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COllIER COUNTY, FLORIDA that: The Fetition V A-2004-AR-5438 filed by Beau Keene, P.E., of Keene Engineering, -ntin& Denyl .1 Damico, with ""'peet /0 the property hereitudler described os: Exhibit "B" VA-1004-AR.s.t111MDRhp lof2 " i 7B be 8Dd the """'" hereby is spprovod for . 5.i9 ""'" VlIIiance Il:om the 20 acM requirement of Subaection 4.02.02.C of the LDC for eatrhmining activltie. 'In an Estalea Zoning District to allow for the interconnection' of two existi.ug Jaba crcatcd as a result of earthmining activities into one 25.19 ""'" lake as shown on theattacl1ed plot pion, Exhibit 'A', whmein said J>l'O)imy is IocaIcd, subject to the following conditions: 1. The VlIrian<:e is limited to the extent of development as depicted in the applicant'. site plan stamped "Received Joly 12, 2004' ex""Pt as further JeStrided below. This site plan is included as Exhibit A. 2. Tho v_ is limited to a maximum c:xc:avation site...... of 44 lICIU. 3. Tho variance i.limited to a maximum lake surface area of 57.2S percent of the 44...... site, 4. Tho approval of this variance sh.a1l be COIltlngtmt upon the spproval of CU- 2004-AR-S439. BE IT FURTIlER RESOL VEn that this Resolution relating to Petitlon Number V A- 2004-AR.S438 be reco.rded in the minutes ofthi. Board. This Resolution odopted after motion, second ond majority vote. Done this day of .2006, AITEST: DWIGIIT E. BROCK, CLERK BOARD OF ZONING APPEALS COUJER COUNTY, FI,.OR]])A BY: , CHAIRMAN Deputy Cles:k Approved as to form ond legallllfliciency: ~ . 7lI.~ -'-fJt','{"j MaIj~tudent-Stlrling Asslstont County Attoniey ,. VItt-2OO4-.AR.~ 2of2 .~ I".' .. 58th AVENlE N.E. EXCAVATION c.u. a YAIIANCII _1.._ .-.nIl PLAN 78 56th Avenue N.E. Excavation REAL PROPERTY OWNERSHIP GOLDEN GATE ESTATES PARCEL # FOLIO # TRACT UNIT ACQUIRED 1 39027480001 E 180' 84 45 02-0ct 2 39030440009 W180' 108 45 02-0ct 3 39030400007 W75' 107 45 03-Nov 4 39030320006 E 75' ofW 150' 107 45 Jun-99 5 39030280007 W 75' of E 180' 107 45 02-Sep '6 39030360008 E 105' of E 180' 107 45 Jan-OO 7 39030840007 W105' 114 45 Jun-99 .8 39030760006 E 75' ofW 180' 114 45 Oct-98 9 39030880009 W 75' of E 150' 114 45 Mar-98 10 39030800005 E 75' 114 45 Jan-99 11 39030920008 115 45 Nov-98 12 39030720004 113 45 Mar-99 13 39030640003 E 150' 112 45 Dec-98 14 39030680005 W 180' 112 45 Dec-98 15 39030600001 110 45 Apr-97 16 39030560002 109 45 Apr-97 Exhibit "8" 78 u ~~ il;n :r:'" a~ ",e: ~~ '" ~~ "'", ~;:! '" ~~ ,.,'" ",0 VlO ;;", '" ~~ @ EAST 7/0~Ow~si9~;g.3~~0~~CT 107 :;:0 -------__ '" fr';:\ FOLIO fJ 39030280007 FOLIO fJ 39030600001 ~ 01 ~~EST 72:...o.!-EAST 180' ~TRACT..2..0~ TRACT 110 p\ ... @) FOLIO # 39030360008 I ~ ....:r 0> EAST 105' of EAST 180' of TRACT 1 ~ ---------T--------- Q FOLIO II 39030840007 )> I..::::J WEST lOS' of TRACT 114 + FOLIO II 39030680005 p\ <-FOLIO #39030760006 - - WEST 180' of TRACT 112 ~ m (Xl_EAST 72:... o!..!!EST 180' ~ T~CT ..2..14 _ _ _ _ _ _ _ U) FOLIO II 39030880009 Z WE ~ o..LfJ>,g.. 150' ~ ~CT....!.l U FOLIO II 39030640003 C FOLIO # 39030800005 --, EAST 150' of TRACT 112 m EAST.25'~ TRAC~~ + _ _ _ _ _ __ Z . (8) e FOLIO II 39027480001 EAST 180' of TRACT 84 ~ ~*z J'TI 13' FOLIO II 39030440009 ~ WEST 180' of TRACT 108 ~ -- NOT A PART-- >< OF THIS PROJECT_ - - - FOLIO II 39030560002 TRACT 109 - - 9 FOLIO * 39030400007 WEST 75' of TRACT 107 I FOLIO II 39030920008 I TRACT 115 I . FOLIO II 3903072004 TRACT 113 @ EXHIBIT "B" .L.- V A..2004..AR..5438 PROJECT #2003110016 DATE: 312/04 MfCHAEL DERUNTZ (COMPANION TO CU..2004..AR..5439) 56th AVENUE N.E. EXCAVATION OWNERS'" EXtIBIT KEENE ENGINEERING -.-.-. ._---,--- _t'l_..... _ 78 January 17,2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition V A-2004-AR-5438, 56th Avenue NE Excavation Dear Legals: Please advertise the above referenced petition on Sunday, January 29, 2006 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./Account # 113-138312-649110 ~,. , 78 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 14, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2004-AR-5438, Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting a variance from Section 4.02.02C of the Land Development Code (LDC) of the Estates Zoning District for earth mining to exceed the maximum site area (20 acres). The application would allow for the inter-connection of three existing lakes to create a single 25.19 acres lake. The property is located between 54th Avenue N.E. and 56th Avenue N.E., in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Companion Item: CU-2004-AR-5439 NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk Dwight E. Brock Clerk of Courts COliiity-of-G€>ili er ~ _..~. \ CLERK OF THE ()~CUIT COURT COLLIER COUNTY URT~OUSE 3301 TAMIAMI IL EA~T , P.O. BOX 4 ~044 \, NAPLES, FLORIDA '3.1101-3044 1c(_ I 78 -h '-~~Ti;::- , . ",,_J / Clerk of Courts Accountant Auditor Custodian of County Funds January 17, 2006 Keene Engineering Beau Keene 1199 First Avenue South Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V A-2004-AR-5438, 56th Avenue NE Excavation Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~.(].~,tD( L ~eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts GOiiiity..ofGoUier . '~'Y~ <'_~_'__ \. CLERK OF THE CIRCUIT COURT COLLIER COUNTY CpURTA.O, USE 3301 TAMIAMI TJ,{AIL EA~T P.O. BOX 4~a044\ NAPLES, FLORIDA ~~101-3O'f4 t.(, I 78 --"7A:< Clerk of Courts Accountant Auditor Custodian of County Funds \'-J January 17,2006 Darryl J. Damico 1810 J & C Blvd Unit 10 Naples, Florida 34109 Re: Notice of Public Hearing to consider Petition V A-2004-AR-5438, 56th Avenue NE Excavation Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~'O'~~I~ L Je1di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Wcbsitc: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Heidi R. Rockhold 78 From: Sent: To: Subject: Heidi R. Rockhold Tuesday, January 17, 2006 2:28 PM 'Iegals@naplesnews.com' VA-2004-AR-5438, 56th Avenue NE Excavation Attachments: V A-2004-AR-5438.doc; V A-2004-AR-5438.doc Legals, Please advertise the above mentioned notice on Sunday, Januarv 29, 2006. ~ ~ VA-2004-AR-5438. VA-2004,AR-5438. doc (30 KB) doc (29 KB) {{questions, please call. Thank you, Heidi R. Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collierjl.us) Heidi Rockhold Heidi R. Rockhold 78 From: Sent: To: Subject: ClerkPostmaster Tuesday, January 17, 2006 2:28 PM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT1211448.txt; VA-2004-AR,5438, 56th Avenue NE Excavation [""'1,": ~ ['::--7] L::.:J ATT1211448.txt (231 B) VA,2004-AR,5438, 56th Avenue N... 7'h' , , 'II I D I' S' <I ir; , . IS IS all aUlOmatlca y generatN elVer)!, tatus }votl;lcat/On, YOllr message has been success/idly relayed to theji}llowing recipients, but the requested delivery status I/Otif/cations may not be generated hy the destination, I egals@.I1aplesllews,com Heidi Rockhold 78 Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, January 17, 2006 2:28 PM Heidi R Rockhold Delivered: VA-2004-AR,5438, 56th Avenue NE Excavation Attachments: VA,2004-AR-5438, 56th Avenue NE Excavation r~,,;,"l l.:j VA-2004-AR'5438, 56th Avenue N... <<VA-2004-AR-5438, 56th Avenue NE Excavation>> Your message C,. To: legal.\(cl)naplesnews.com Subject: VA-2004-AR-5438, 56th Avenue NE Excavation Sent: Tue, J7 Jan 2006 14:27:42 -0500 was delivered to thcj{}/lowing recipienl(s): legals on Tue, J7 Jan 2006/4:27:52 -050() Heidi Rockhold V A-2004-AR-5438, 56th Avenue NE Excavation Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, January 17, 2006 5:21 PM To: Heidi R Rockhold Subject: RE: VA-2004-AR-5438, 56th Avenue NE Excavation OK -----Originai Message--m From: Heidi R. Rockhold [mailto:HeidLRockhold@cierk.coilier.fLus] Sent: Tuesday, January 17, 2006 2:28 PM To: legals@naplesnews.com Subject: VA-2004-AR-5438, 56th Avenue NE Excavation Legals, Please advertise the above mentioned notice on Sunday, January 29. 2006, <<V A-2004-AR-5438.doc>> <<v A-2004-AR-5438.doc>> If questions, please call. Thank you, Heidi R. Rockhold Clerk to the Board o[Coullty Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi.rockhold@clerk.collierjl.us) 1/18/2006 Page 1 of 1 78 in the matter of Public Notice as published in said newspaper VA-ZoOHR-S438 HOTfCE OF PUBUC,ttEARlNG Notice Ishec:eby given i that the Board of county commissioners of col~ llerCaunty will hold a ~\4)lIc,' hearing on Tues- day February 14, 2006.1 In the Boardroom.3ra Floor.. Administration Bulldll1a.. coU.ferCounty Government Center, 3301 East Tamlaml Trail. Naples. Florida. The meeting will begin at 9:00A.M. The Board' will consider , Petition V A-2004-AR- 5418. Darryl J.' Damico. represented by 8eau I(.eeriie, P.Eo. of Keene' En- gineering. requesting a, variance', from Section I 4.0;Z.02C of the Land De- velopment 'Code (l.OC) of the Estates ZonIng trlct for earth Inlngl to exceed the maximum ,!le'_(2lI acretI). The appflcatlon would allow for the Inter-Connection of three' existing lakes to create a single 25.19 ~~.1ake.-_ThQ pr.operty Is lOcated between 54th Avenue N.E. and 56th AYenLie, H.E.. In Section 4, Township 48 South, Range 28 East, CollIer County, Florida. Companion Item: CU- 2004-AR.5439 , 7B I o NAPLES DAILY NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the autllOrity, personally appeared lL.1amb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County. Florida; distributed in Collier and Lee counties of Florida; tltat the attached copy of the advertising, being a PUBLIC NQTICE Sworn to and subscribed before me Tltis February 2nd, 2006 ~ 'f/J /) ~,V,A ,/ ') f:.~:J , ignature of notary public) 7; NOTE: All Persons wish- lng, to spuk on any __must....I'. ter wlth the County Ad- mfnlstrator friar to, pre- sentation 0 the agenda Item to be' addressed. Indlvldual'speakers will be limited to 5 minutes on any Item. The selec- tion of an Individual to, speak on behalf of an I ~~~~J~:~~a. or,P~ufo~~ I nlzed by the Chair, ai' spokesperson for a group, or organization I ll'Iay be allotted 10 mln-, utes, to speak on an I ~em.' ! Persons wIshing to: have written or' graphtc' materials Ineluded In the Board ~nda pack- ets must submit said material a minimum of 3 weeks prior to the re- specUve, public hearIng. In any case, written ma- terials Intended to be considered by the Board ~'H--Sf:tbl'l'lltted to tn. appropriate County staff a minimum of sev- en days prior to the public hearing. All ma. terlal used In presenta- tions before the Board will become a perma- nent part of the record. Any person who decid- es to appeal a decisIon of the Board will need a record of the proceed-I In~" pertaIning thereto and" therefore, may need to. .nsure that a v4llrbatlm record of the proceedings Is made,' which record ,Includes i the testimony and evi- dence u~~"ectwhlch the appeal Is . BOARD' OF COUNTY COMMISISONERS ' ~~a1ER COUNTY, tr':'NK HAL.AS,' CHAIR- DWIGHT E. BROCK, CL.ERK, . By: ,,'Heidi R. ~ockhold, Deputy Clerk Jan.29 '" No. 1302016 time(s) in the issue January 29th. 2006 AlTian1 hllther says that the said Napks Daily "ews is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has herd\)fore been continuously puhlished in said Collier County', Florida: distrihuh::d in Co1licr and Lee coun1i.::s of Florida. .::ach day and has been entcred as second class mail matter at the post oflice in '\arles. in said C\)1Iier County. Florida. for a period of 1 year next preceding the first publication of the attached copy of advertisement; and afliant filrthcr says that h..:: has neither paid nor promised ,my person, firm or corporation ,my discount. rebate, commission or rdund for the purpose of securing this advertisement for publication in the said newspaper. ;J ----'r ( Signature of affiant) """'" Harriett Bushona ,?-:t;.;;;-., MY COMMISSION # 00234669 EXPIRES '~ ':,' July 24, 2007 ";?:~:~~~"~~ 0,'''',''~(nHRU TROY i'A.\N INSURANCE, INC ,,,,"',,.' )'J;"'" 78 . MEMORANDUM Date: February 15,2006 To: Michael DeRuntz, Principal Planner C.F.M., Planning Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution No. 2006-35 V A-2004-AR-5438 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #7B), as approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please call me at 774-8411. Thank you. Enclosure 7B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Otlice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccotion of the Chairman's shmature, draw a line through rouling lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routim! order) l.Sandra Lea CDES Administration /J}lzl ! -) / - "/ :... ,;7:/ "1/ b" 2. / / 3. ( 4. / "- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contaCt is the holder ofthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe omce only after the BeC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Michael J. DeRuntz, C.F.M.. Principal Planner, Zonin and Land Dev. Review February 14,2006 Phone Number 403-2416 7B Yes (Initial) N/A(Not A iicable) Agenda Item Number Variance Re olution (f,.R-5438) -3:> Number of Original Documents Attached , f! /;[4/ /:..//7 i ..; vi ^ ,C,d- t{/:;/-- A t2 / Jj'.;f./ I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This inciudes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officiais.) All handwritten strike-through and revisions have been initialed by thc County Attorney's Office and all other arlies exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document 01' the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame 01' the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on Februarv 14,2006 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a lieable. 2. 3. 4. 5. 6. 7B RESOLUTION NO. 06- 35 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY FLORIDA, RELATING TO PETITION NUMBER VA-2004-AR- 5438, FOR A 5.19 ACRE VARIANCE FROM THE 20 ACRE REQUIREMENT OF SUBSECTION 4.02.02.C OF THE OF THE LAND DEVELOPMENT CODE FOR EARTHMINING ACTIVITIES IN AN ESTATES ZONING DISTRICT TO ALLOW FOR THE INTERCONNECTION OF TWO LAKES CREATED AS A RESULT OF EARTHMINING ACTIVITIES INTO ONE 25.19 ACRE LAKE TO EXCEED THE MAXIMUM SITE AREA OF 20 ACRES 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 (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, amottg which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5.19 acre variance from the 20 acre requirement of Subsection 4.02.02.C. of the LDC for earthmining activities in an Estates (E) Zoning District to allow for the interconnection of two lakes created as a result of the earthmining activities into one 25.19 acre lake for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 ofthe zoning regulations of said current LDC for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition V A-2004-AR-5438 filed by Beau Keene, P.E., of Keene Engineering, representing Darryl .J Damico, with respect to the property hereinafter described as: Exhibit "B" V A, 2004-AR,54J8/MDRlsp lof2 7B be and the same hereby is approved for a 5.19 acre variance from the 20 acre requirement of Subsection 4.02.02.C of the LDC for eatrhmining activities in an Estates Zoning District to allow for the interconnection of two existing lakes created as a result of earthmining activities into one 25.19 acre lake as shown on the attached plot plan, Exhibit" A", wherein said property is located, subject to the following conditions: 1. The variance is limited to the extent of development as depicted in the applicant's site plan stamped "Received July 12, 2004" except as further restricted below. This site plan is included as Exhibit A. 2. The variance is limited to a maximum excavation site area of 44 acres. 3. The variance is limited to a maximum lake surface area of 57.25 percent of the 44-acre site. 4. The approval of this variance shall be contingent upon the approval of CU- 2004-AR-5439. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2004-AR-5438 be recorded in the minutes ofthis Board. This Resolution adopted after motion, second and majority vote. Done this / r( ;I: day of h!J r II tJ. Lt' 2006. ATTEST: BOARD OF zUING APPEALS DWIGHT E'.BR.QCK, CLERK COLLIER COUNTY, FLORIDA .>:..-.. .,.... BY: ~~~/ rank Halas , AIRMAN -tfLt '71liJktfltd: -~ Marj~tudent-Stirling Assistant County Attorney Item # 16 , Agenda c2 -1<.[..oh Date ~.o!? c:2 -lS---6G Re 'd VA,2004,AR-54381MDRlsp 20f2 58th AVENUE N.E. EXCAVATION c.u. . vAllANCl! 1"I:....uN IIAS'nR PLAN 78 56th Avenue N.E. Excavation REAL PROPERTY OWNERSHIP GOLDEN GATE ESTATES PARCEL # FOLIO # TRACT UNIT ACQUIRED 1 39027480001 E 180' 84 45 02-0ct 2 39030440009 W180' 108 45 02-0ct 3 39030400007 W75' 107 45 03-Nov 4 39030320006 E 75' ofW 150' 107 45 Jun-99 5 39030280007 W 75' of E 180' 107 45 02-Sep 6 39030360008 E 105' of E 180' 107 45 Jan-OO 7 39030840007 W 105' 114 45 Jun-99 8 39030760006 E 75' ofW 180' 114 45 Oct-98 9 39030880009 W 75' of E 150' 114 45 Mar-98 10 39030800005 E 75' 114 45 Jan-99 11 39030920008 115 45 Nov-98 12 39030720004 113 45 Mar-99 13 39030640003 E 150' 112 45 Dec-98 14 39030680005 W 180' 112 45 Dec-98 15 39030600001 110 45 Apr-97 16 39030560002 109 45 Apr-97 Exhibit "8" .._-_.~-_.... - ~.._,--~..^'-,--'_.__.- 11 ~~ ~n :I:fT1 fT1r Cz ;;oC ~i!ii r~ ~&i ";;0 fT1fT1 ~..., -(fT1 ;;0 O!;;! :=En zfT1 ~c "'0 ;!;z " ~ ~ @ EAST 7Sro~o W~s~9~;g,3~~0~~CT 107 ::::0 --------- Gi c;:.. FOLIO # 390302B0007 FOLIO # 39030600001 8 01 ~ WEST 7~ o.!...P5T 1 BO' of TRACT~7~ TRACT 110 p\ ~ c;:.. FOLIO # 3903036000B I \0.1 c:: e EAST lOS' of EAST 1 BO' of TRACT 10l ... ---------,--------- Q FOLIO # 39030B40007 :I> \:::;:I WEST lOS' of TRACT 114 t FOLIO # 390306BOOOS p\ < c;;: FOLIO T 39030760006 - - WEST 1 BO' of TRACT 112 ~ m e~T 7~of WE~lBO' of TRACT~14 - - - - - -- Z fc:O\ FOLIO # 39030BB0009 '\:::::J WE 7S' of EAg. lS0' ~ TRACT..-!.lU FOLIO # 39030640003 C ~ FOLIO # 39030BOOOOS -, EAST lS0' of TRACT 112 m EAST 7S' of TRACT 114 + ----- ------- Z . m . (8) 7B 8 FOLIO # 390274BOOOl EAST 1 BO' of TRACT B4 400 ~ fT1 z --------- If3\ FOLIO # 39030440009 'C:I WEST 1 BO' of TRACT lOB @ ----- ---- NOT A PART - - >< OF THIS PROJECT- - FOLIO # 39030S60002 TRACT 1 09 - --------- - @ FOLIO # 39030400007 WEST 7S' of TRACT 107 I FOLIO # 3903092000B I TRACT lIS I . FOLIO # 3903072004 TRACT 11 3 @ I~ I V A_2004-AR-5438 ...l...--pROJECT #2003110016 DATE: 3/2/04 MICHAEL DERUNTZ (COMPANION TO CU_2004-AR-5439) EXHIBIT "B" 56th AVENUE N.E. EXCA V A TION OWNERStIP EXtlBlT KEENE ENGINEERING ...-.-.-....".. ,,____o__ao.. _~.._u (P'I___ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 8A To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Dispiay Adv" location, etc,) Other: ********************************************************************************************************* Originating Dept/ Div: Comm.Dev.Serv.lPlanningPerson: ~ Petition No. ([f none, give brief description): PUDEX'200~ 7824, Magnolia Pond PUD Petitioner: (Name & Address): Butler Engineering, Inc" J. Gary Butler, 2223 Trade Center Day, Naples, FL 34109 Date: 0y/;JcJ2?& Name & Address of any person(s) to be notified by Cierk's Office: (If more space is needed, attach separate sheet) Pawel And Teryl Brzeski, 5147 Seahorse Ave" Napies, FL 34103 Hearing before BCC BZA Other Requested Hearing date: 2/14/06 Based on advertisement appearing ~ days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text; (Include legal description & common location & Size): Petition: PUDEX-2005,AR-7824, Pawel and Teryl Brzeski, represented by Gary Butler, of Butler Engineering, Inc" requesting a second two,year extension of the Magnolia Pond Planned Unit Development (PUD) granted hy Ordinance Number Ordinance Number 98-49, and extended until June 9, 2005 by Resotution Number 04-284, pursuant to LDC Section 1O.02.13,D), The subject property, consisting of 42.05 acres, is located on Magnolia Drive, west of Collier Boulevard, between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No [f Yes, what account should be charged for advertising costs: Reviewed by: ,~~ /Department Head '0 Approved by: I //'?/ Orr, Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary [egal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit originai to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing:~ Date Advertised: ~ RESOLUTION NO. 06- SA A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.I3.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 98-49 KNOWN AS THE MAGNOLIA POND PUD, EXTENDING THE CURRENT PUD ZONING TO JUNE 9, 2007. WHEREAS, the Magnolia Pond PUD Zoning District, adopted on June 9, 1998, by the Collier County Board of County Commissioners as Ordinance Number 98-49 is subject to the provisions of Section 10.02.B.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; attd WHEREAS, the PUD Ordinance was adopted consistent with, and under, the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of COUttty Commissioners extended the Magnolia Pond PUD to June 9, 2005, by Resolution Number 2004-284 on September 21, 2004; and WHEREAS, the Board of COUttty Commissioners has reviewed the PUD and has determined it IS appropriate to extend effectiveness of the PUD Zoning for two (2) years, until June 9, 2007. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION OF COLLIER COUNTY, FLORIDA, that: I. The above recitals are true and correct, and are adopted herein by reference as if fully set forth herein. 2. This Resolutiott constitutes evidence of compliance with the review requirements of LDC Section 10.02.13.D, 3. Pursuant to said Section of the LDC, the current PUD approval is hereby extended to June 9, 2007 at the end of which time the owner shall have exhausted all PUD time frame extensions pursuant to the LDC, the property owner shall then amend the PUD Ordinance in compliance with the LDC procedures in effect at that time. 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 extensiott is granted. This Resolution adopted after motion, second and majority vote. This Resolution shall become immediately effective upon adoption. Done this day of ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: FRANK HALAS, CHAIRMAN Ap roved as to fo a I I ufficiettey: kow nty Attorney PUDEX.2005, 7824/MZisp Page 1 of 1 8A -, January 24,2006 Attn: Lega]s Nap]es Dai]y News 1075 Centra] Avenue Nap]es, F]orida 34]02 Re: PUDEX-2005-AR-7824, Magnolia Pond PUD Dear Lega]s: Please advertise the above referenced notice on Sunday, January 29, 2006, and kindly send the Affidavit ofPub]ication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold Deputy Clerk P.O.lAccount # 113-138312-649110 SA .~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 14, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition PUDEX-200S-AR-7824, pawel and Teryl Brzeski, represented by Gary Butler, of Butler Engineering, Inc., requesting a second two-year extension of the Magnolia Pond Planned Unit Development (PUD) granted by Ordinance Number Ordinance Number 98-49, and extended until June 9, 2005 by Resolution Number 04-284, pursuant to LDC Section 10.02,13.D). The subject property, consisting of 42.05 acres, is located on Magnolia Drive, west of Collier Boulevard, between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts COliiity-of-Gtrllier . ...."4:,. "-'. '.. CLERK OF THE GtRCqIT COURT COLLIER COUNTY~' URTiJOUSE 3301 TAMIAMI IL E~T . P.O. BOX 4 ~044 \, NAPLES, FLORIDA ~1:01-3a;4 ~l. I "^;'iZ', ! \-', ( G...--' / SA ..~ Clerk of Courts Accountant Auditor Custodian of County Funds January 24,2006 Butler Engineering Inc. J. Gary Butler 2223 Trade Center Day Naples, Florida 34109 Re: Notice of Public Hearing to Consider Petition PUDEX-2005-AR-7824, Magnolia Pond PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~o~o~,oe Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerkiaklerk.collier.fl.us Dwight E. Brock Clerk of Courts GOlirityofG0Uier CLERK OF THIH31RCUIT COURT , , COLLIER COUNTY CpURTijOUSE 3301 TAMIAMl nUlL EA~T P.O. BOX 4f~044 \ NAPLES, FLORIDA '0~IOl.3044 ~f I 8A ... if Clerk of Courts Accountant Auditor Custodian of County Funds H:>-, " I :._~_/1 January 24, 2006 Pawel and Teryl Brzeski 5147 Seahorse Avenue Naples, Florida 34103 Re: Notice of Public Hearing to Consider Petition PUDEX-2005-AR-7824, Magnolia Pond PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK. ~~O~~EW ,'oC Deputy Clerk Enclosure Phone. (239) 732-2646 Website: www.c1erk.coIlier.tl.us Fax. (239) 775-2755 Email: coIlierclerk(a)c1erk.colIier.tl.us Heidi R. Rockhold 8A ,~ , .:'t: ,Ii, From: Sent: To: Subject: Heidi R Rockhold Tuesday. January 24, 2006 11 :08 AM 'Iegals@naplesnews,com' PUDEX-2005-AR-7824. Magnolia Pond PUD Attachments: PUDEX-2005-AR-7824.doc; PUDEX-2005-AR-7824,doc Legals, Please advertise the above mentioned notice on Sunday, Janumy 29. 2006. ftJ ftJ PUDEX-200S-AR, 78PUDEX-200S-AR-78 24.doc (29 KB).., 24.doc (29 KB)... If any questions, please call. Thank you, Heidi R. Rockhold Clerk to the Board olCounty Commissioners Minutes and Records Department (Phone) 239-774-841 I (Fax) 239-774-8408 (heidi, rockhold@clerk.collierfl.us) Heidi Rockhold Heidi R. Rockhold SA From: Sent: To: Subject: ClerkPostmaster Tuesday, January 24, 2006 11 :08 AM Heidi R Rockhold Delivery Status Notification (Relay) Attachments: ATT2214764,txt; PUDEX-2005-AR-7824, Magnolia Pond PUD 1':1 l;.:J f:::-:l ~ ATT2214764.txt (231 B) PUDEX-2005,AR,78 24, Magnolia PH' Tlz' , , II I D I' S' 'I;f" J, IS IS an automatu;a y generata elver)' , tatus ivotljlcatlOn, Your message has been successjidly relayed to theflJilowing recipients, but the requested deli vel}' status notifications may not be generated by the destination. I egals(ellJwpl esnews. com Heidi Rockhold PUDEX-2005-AR-7824. Magnolia Pond PUD Heidi R. Rockhold From: Perrell, Pameia [paperrell@naplesnews.com] Sent: Tuesday, January 24, 2006 11 :58 AM To: Heidi R Rockhold Subject: RE: PUDEX-2005,AR-7824, Magnolia Pond PUD OK ---nOriginal Message----- From: Heidi R. Rockhoid [mailto:Heidi.Rockhoid@c1erk.coliierJl.us] Sent: Tuesday, January 24, 2006 11:08 AM To: legals@naplesnews.com Subject: PUDEX-200S-AR-7824, Magnolia Pond PUD Legals, Please advertise the above mentioned notice on Sunday, January 29, 2006. <<PUDEX-2005-AR-7824.doc>> <<PUDEX-2005-AR-7824,doc>> lfany questions, please call. Thank you, Heidi R. Rockhold Clerk 10 the Board of County Commissioners Minutes and Records Departmcnt (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerkco/lierfl.us) 1/24/2006 Page 1 of 1 SA aiJ 111II, SA ,)- AJ1iant further says that the said Naples Daily News is a newspaper published at ~aples, in said Collier County, Florida, and that the said n..::wspapcr has hereto lore been continuously published in said Collier COllnt)", Florida; distributed in Collier and Lee wuntics of Florida, each day and has been entered as second class mail matter at the post omc.: in Naples, in said Collier Count\', Florida, for a period of I year next preceding the first publication oCthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount. rcbate, commission or refund for the purpose of securing this advertisement for publication in the said IlcWSpapl:f // . ---1' ( Signature of affiant) PUDEX.2005'AR~ 7824 NOTICE Of PUBLIC HEARING Notice Is hereby given that the ~atd of COUnty Commissioners of Col- lier County will hold a public hearing on Tues. day, February 14. 20061 In the Boardroom, 3ro Floor, Administration SUlldlng, Collier County Government Center, 3301 East Tamlaml Trail, Naples, Florida. The meeting wIll begin at ~oo A.M. The BOill'd. will consider Petition PUDEX-2005-AR. 7824. Pawel and Ter)'1 Brzeskl, r.epresented by Gary Butler, of Butler Englneer"1", Inc" re- questing a second two. year extension 01 the Magnolia Pond Plenned I Unit Oevelopment (PUD> i granted by Ordinance Number Ordinance Uumber 98"49. and ex. tended until June 9, 2005 by ResolutIon Number 04-284, pursuant to LOC SectIon, 10~Q2:13J))'_l'he SQbJect t)ropen;Y.-'c-on. slstfilg of 42.05 ~res, Is located on Magnolia Drive, west of Collier Boulevard, between I- 7S and the Golden Qat(_ca- nal, In 5eetion 34, TOWn- ship 49 South, flange 26 ~1~I~a.ColUer County,1 NOTE: All Persons WIsh- in" 't.o speak on any _.1_ must _ terwlth the County Ad- mlniltrator frioI' to pre-I sentatlon 0 the agendal Item to be addressed. Individual speakers will be limIted to S minutes on any Item. The' selec- tion of an IndlvldlJal to s~ak on' behalf of an organization 01' group Is e(lcouraged. If recog- nized by the Chair i a spOkesperson for a group or organization may be allotted 10 min- utes to speak on an Item. . Persons wishing to have written -or griiDhlc materials Jncluded' In the Board agenda pack- ets must submit said m4WJaJ,' a minImUm 0' 3 wNks prior to' the re- spective public hearing. In any case, written ma. terlals Intended to be considered by the Board sh<3Ji b~submltted, to the, awfliprlate County staff a mInimum' of sev- en days prior, to the publiC hearing. All ma- teri, al U$ed In presenta- tions before the Board wHl become a perma- nent part of the record. Any person, wh<l?tF:' '" es to:ll)p.al a ' ',' of the soard, wm- a record of the proteed. Ings pertaining thereto and therefore, may need to ensu~e that a verbatim record of the proceedings Is made. Which, record ,Includes the t&$tlmony and: evJ. dern:e~PDn which the appeaJl$',~ BOARD OF COUNTY COMMlSSJONERS CO.LLI_ER COUNTY. FLORq)A' . \ ' FRANK HALAS, CHAIR. MAN gL1J~HT E. BAO,CK. By: Heidi R. Rockhold. Deputy Clerk (SEAL} 1..J,g,rh..29 No. 1307160 (I NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared ILLamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Dally, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florid:l; that the attached eopy of the advertising, being a PUBLlC NOTICE in the matter of Public Notiee as published in said newspaper timers) in (he issue January 29th, 2006 Sworn to and subscribed before me This February 2nd, 2006 ~'1A' J~d 6-<0" L.t'1 <srtna~rc of notary pubiie) () ,,~~.~:ft:?, Harriett Bushong },?"iA:'{;;~ MY COMMISSION # DD2l4681 EXPIRES ,;.Jil}..:,~, July 24, 2007 <~? <:,~~;,- fJCNDFI) THRIJ TROY FAIN INSURANCE, iNC PUDEX-2005-AR-7824 Magnolia Pond PUD Page 1 of 1 SA Heidi R. Rockhold Sent: To: From: ZoneMelissa [MelissaZone@colliergov.net] Monday, February 13, 2006 5:24 PM Bedtelyon, Linda; Bellows, Ray; Brock, Mary; Carrel Danelle; CasalanguidaNick; Feder_N; Filson, Sue; hoffmaneieanor; Johnson, Connie; Klatzkow, Jeff; LeaSandra; Martin, Cecilia; Minutes and Records; Murray, Susan; Phillips, Sharon; RamirezHeather; Student, Marjorie Subject: PUDEX-2005-AR-7824 Magnolia Pond PUD The petition for Magnolia Pond PUD Extension (PUDEX-05-AR-7824) schedule for tomorrow's BCC hearing has been continued to the February 28, 2006 hearing. Nothing on the agenda will be changing unless the petitioner or another county department who is reviewing this petition advises me another way. If you have any questions please contact me. Thank you for your attention to this maller, unfortunately the petitioner just informed me today of their decision. Melissa Zone, Principal Planner Collie... County Department of Zoning & Land Development Review 239-213-2958 2800 N. Horseshoe Dr. Naples, FL 34101 2/14/2006 MEMORANDUM Date: February 16, 2006 To: Melissa Zone Planning From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution of Denial 2006-36 Magnolia Pond PUD Enclosed please find a copy of the document referenced above, (Agenda Item #8A), which was approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please contact me at 774-8411 Thank you. Enclosure SA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivcrtld to the Board Onice. The completed routing slip and original doctlments are to be forwarded to the Board Offir:c only after the Board has taken action on the item.) , . SA ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional sif,'llatures, dates, and/or information needed. ]fthe document is already complete with the d 1 h h ]' 'I h h#4 1 1 h dD F exceotion of the Chairman's Slgnature, raw a ine t raug routIn'mest, t mugt , comp de t 1e c eckl1sl, an orward to Sue llson (line #5). Route to Addressee(s) Office I niti aIs Date (List in routing order) 1.('1 d l €.L-,-- (!.;D L::;"S ,ord m ''I ;1 ;; F,/ V&---'Y\ 141- 4<~'( .:,t./t;" . 2. / , / r \ 3. V 4. 1\ 5, Sue Filson, EXecutive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office (. PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary_ Primary contact information is needed in the event one orlhe addressees ahove, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chaimlan '5 signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attacbed rne)15~, '-iL{- Qe....:~d,u be...; Q.6tJ.D - ~ Phone Number Agenda Item Number RI ~~ .. 'J.-15"?5 ~A i '~4:> Uc:"...(), ....Q. Number of Original Documents Attached INSTRUCTIONS & CHECKLIST l. Initial the Yes column or mark 'ON/A" in the Not Applicable column, whichever is a fO nate. Ongina! document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by alt parties except the BCC Chairman and Clerk to the Board and ossibly State Offieiats.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and ali other arties exee t the BeC Chairman and the Cbk to tbe Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final nerrotiatcd contract date whichever is a licable. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's 5i nature and initials arc re uired. In most cases (some contracts are an exception), the original document and this routing slip sbouid be provided to Sue Filson in the BCC office within 24 bours of BeC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on ().:I't - (J{>.; (enter date) and ali changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. pi N/Aisnot an option for line 6, Yes (Initial) N/A(Not A iieable) 1h.L 2, }, 4. ;QI) 5. ai/ .P'~ 6, I: forms/ County Forms/ Bee Fonns/ Original Documents Routing Slip WWS Original 9.0:Ul4, Revised 126.05, Revised 2.24.05 "'" 8A RESOLUTION 06-36 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NO. 04-41), AS AMENDED, AFFECTING ORDINANCE 1998-49 KNOWN AS MAGNOLIA POND PUD, DENYING THE EXTENSION OF SAID ORDINANCE AND REQUIRING THAT THE APPLICANT SUBMIT AN AMENDED PUD DOCUMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Magnolia Pond PUD, Ordinance 98-49 adopted on June 9, 1998, is subject to the provisions of Section lO.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 has reviewed the PUD and has determined to deny the request to extend the current PUD Zoning. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 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 lO.02.13.D. of the LDC. 3. Pursuant to said Section of the LDC, the current PUD approval is hereby denied. 4. The applicant shall submit an amended PUD document to the Zoning and Land Development Review Department within six months of the date of this hearing. 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 denied. THIS RESOLUTION ADpPTED after motion, second, and majority vote favoring same this \ L\~ day of F~6v-vo...'Ir<J.. , 2006. \ A TTEST:"';~,:.' . D\yIGHT.E:'!fRQCK, Clerk ... ''"' <,,.,; '" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~-" FRANK HALAS, Chairman '. 'Ii<t,:~:: r .,' BY: ..ui.M.u ...~ .<::H. '.~(U,', .t, ." '"., ut Clerk ',1,"'.:. t..... l- Ap a to form and leg Item # gR ~~~;da d -\ Y-O (.. .. 8B r.1~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the foIlowing as a: xxx Normal Legal Advertisement (Display Adv., location, etc.) Other: ********************************************************************************************************* Originating Deptl Di v: Comm. Dev.Serv .IP lanning Person: Heidi W illian:~~: II \ 01 CXo Petition No. (If none, give brief description): PUDZ-2004-AR-6932 Petitioner: (Name & Address): Davidson Engineering, Inc., Kelly Michele Smith, 2154 Trade Center Way, Suite 3, Naples, FI. 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) R & S Development Company, LLC, 8880 Terrence Ct., Bonita Springs, FI. ~l/- (33 Hearing before BCC BZA Other Requested Hearing date: February 14.2006 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2004-AR-6932, R & S Development Company, LLC, represented by Kelly Michelle Smith of Davidson Engineering, Inc., requesting a rezone from the "A" Agricultural zoning district to the PUD "Planned Unit Development" zoning district for a residential development with a maximum of 67 dwelling units, known as Sandalwood PUD. The property to be considered for this rezone is located west of Livingston Road, just south of Mediterra, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: J~~ ~epartment Head List Attachments: 1:0 ~f Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: ~ Date Advertised: ~lo ORDINANCE NO. 06- 88 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; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURAL RURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A RESIDENTIAL DEVELOPMENT WITH A MAXIMUM OF 67 DWELLING UNITS, KNOWN AS THE SANDALWOOD RPUD, LOCATED WEST OF LIVINGSTON ROAD, ON THE SOUTH SIDE OF THE FUTURE EASTIWEST LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.6 ACRES; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, R & S Development Company, LLC, represented by Kelly Michele Smith of Davidson Engineering, Inc., petitioned the Board of County Commissioners to change the zoning classification of the hereitt described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from the Agricultural Rural (A) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for a residential development with a maximum of 67 dwelling units, known as the Sandalwood RPUD in aceordance with the Sandalwood RPUD 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/are hereby amended accordingly. SECTION TWO: i This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency -f(\~arjOrie M. Student-Stirling , , ASSIstant County Attorney PUDZ-2004-AR,6932IHW/sp Page 1 of 1 88 .,...,'., SANDALWOOD ESTATES A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: R & S Development of Florida LLC 8880 Terrence Court 80nita Springs, FL 34135 PREPARED BY: Davidson Engineering, Inc. 2154 Trade Center Way; Suite 3 Naples FL 34109 Exhibit A DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 88 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES ii STATEMENT OF COMPLIANCE iii SHORT TITLE Iv SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 2-1 SECTION III: RESIDENTIAL DEVELOPMENT REGULATIONS 3-1 SECTION IV: PRESERVE AREA 4-1 SECTION V: DEVELOPMENT COMMITMENTS 5-1 EXHIBIT "A" EXHIBIT "B" TABLE I 88 LIST OF EXHIBITS AND TABLES PUD Master Plan Conceptual Stormwater Management Plan Development Standards it 88 STATEMENT OF COMPLIANCE The development of approximately 20.58 acres of property in Collier County, as a Residential Planned Unit Development to be known as the SANDALWOOD ESTATES RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The community facilities of the SANDALWOOD ESTATES RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element (FLUE). 2. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 3, The project deveiopment is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 4. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. The Urban designation allows for a variety of residential and non-residential land uses. 5. All final local development orders for this project are subject to Sections 6.02.00 and 10.02.07 of the LDC, as required by Objective 2 of the FLUE. 6. The Urban Residential District allows for a base residential density of 4 units per gross acre. The proposed density of 67 units is 3.5 units per acre (19.34 acres x 3.5 units per acre = 67.69 units), which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with the FLUE Policy 5.1. iii SHORT TITLE This Ordinance shall be known and cited as the "Sandalwood Estates Residential Planned Unit Development Ordinance", iv 88 88 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property. and to describe the existing conditions of the property proposed to be deveioped under the project name of Sandalwood Estates RPUD. 1.2 LEGAL DESCRIPTION The subject property being 20.58 acres, is located in Section 13, Township 48 South, Range 25 East. and is fully described as: BEING THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1 /4, LYING AND BEING IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, BEiNG 10 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA SUBJECT TO A FIFTY FEET (50 FEET) MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING TWENTY-FIVE FEET (25') ON EITHER SIDE OF ALL SECTION LINES, INCLUDING QUARTER AND HALF SECTION LINES, WHiCH EASEMENT is FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. TOGETHER WITH: O.R. 2403 PAGE 2786 NW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. 1.3 PROPERTY OWNERSHIP The subject property is owned by R & S Development of SW Florida, LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located west of Livingston Road, east of Imperial Golf Course Estates and south of the Mediterra project. B. The subject property is zoned Rural Agricultural. It is proposed to be rezoned to a residential PUD for single family development. C. The subject property is 20.58 acres. Upon approval of the RPUD, a 1.24 acre tract will be deeded to the Collier County Public Utilities Division for the installation of ASR wells and/or a pump house. The area for development remaining after the pUblic utility donations is approximately 19.34 acres. ',1 88 ... 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Cocohatchee Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the ditch located along the western property line of the project. The vegetation on the subject property includes pine flatwoods, pine, cypress, and melaleuca. A strip of land adjacent to the western property line was previously cleared to provide access for the construction of the North Naples Middle School. Natural ground elevation varies from 14.49' to 12.17' NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood eievation specified. ',2 .' 88 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to generally describe the project plan of development and to identify relationships to applicable County ordinances, policies and procedures. 2.2. GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A Sandalwood Estates RPUD is a residential development. The project will consist of single family homes and associated amenitities. B. The PUD Master Plan is illustrated graphically on Exhibit A A Land Use Summary indicating approximate land use acreage is shown on the plan. The location, size, and configuration of the buildings shall be determined at the time of building permit application in accordance with the LDC. 2.3. COMPLIANCE WITH COUNTY ORDINANCES A Regulations for development of the Sandalwood Estates RPUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which is in effect at the time of issuance of any development order to which the regulations relate. Where this PUD Ordinance does not provide development standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context. the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order appiication. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Sections 6.02.00 and 10.02.07 of the LDC. D. All conditions imposed herein or as represented on Sandalwood Estates RPUD Master Plan are part of the regulations which govern the manner in which the land may be developed. 2-1 ~ 88 2.4. LAND USES The location of land uses and general project configuration are shown on the PUD Master Plan, Exhibit A Changes and variation In building, location and square footage shall be permitted at the time of site development planning to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of the LDC. The specific location and size of buildings and the assignment of square footage or units shall be determined at the time of building permit application. 2.5. USE OF RIGHT-OF-WAY The developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within a private right-of-way within the Sandalwood Estates RPUD, subject to permitting agency approval. 2.6. MODEL. SALES, AND CONSTRUCTION OPERATION FACILITIES A Models and model sales centers shall be permitted principal uses throughout the Sandalwood Estates RPUD subject to the requirements of the LDC. B. Temporary use permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan (SDP) application(s) for residential models, may be submitted concurrentiy with applications for preliminary subdivision plat (PSP), to depict the location of the model units within future planned lots. All model units shall be located on lots that wiil be platted through subsequent development order approvals. C. The sales center may be serviced by temporary well and septic systems. These uses shall be subject to the requirements of the LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under Chapter 64E-6, Florida Administrative Code and may use potable water or irrigation wells. 2.7. PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required, submission, review, and approval of PSP for the project may be accomplished in phases to correspond with the planned development of the property. 2-2 .. 88 '. 2.8. OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS A The RPUD shall comply with the LDC. Specific preserve requirements are established in Section IV of the Sandalwood Estates RPUD. B. The preserve area shown on the Conceptual RPUD Master Plan encompasses approximately 2.58 acres. The subject site contains approximately 17.45 acres of native vegetation. Retention of 2.64 acres of Preserve exceeds the required 15% native vegetation preservation of the LDC. 2.9. SURFACE WATER MANAGEMENT The water management system for the project will be permitted by Collier County. Surface water management for the project wiil be designed according to South Florida Water Management District and Collier County design standards. The system shall attenuate the 25-year 3-day storm event as well as meet current water quality treatment criteria. The project shall provide water management within the required preserve area. 2.10. ENVIRONMENTAL A Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and shall be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. 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 simiiar to Section 704.06 of the Florida Statutes. Setbacks shall be provided in accordance with the LDC. C. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval. The Preserve Management Plan shall identify methods to address treatment of exotic species. fire management. and maintenance. D. 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. E. This RPUD shall be consistent with the Environmental sections of the GMP Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. 2-3 88 F. This RPUD shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS) and Florida Fish and Wlldiife Conservation Commission (FWC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/construction plan approval. H. Perimeter berms and swales shall be located outside preserve boundaries. I. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 foot setback. K. Native plantings in all three strata shall be required to be added to the preserve areas where there is removal of non-native and/or nuisance vegetation all in accordance with the LDC. A planting plan shall be submitted at the next development order. L. Any easements, including the right-of-way easement will be vacated with the next development order. 2.11. UTILITIES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of 011 service utilities in compliance with applicable regulations in effect at the time approvals are requested. B. Water distribution, sewage coilection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with County Ordinance No. 04-51, as amended, and other applicable County rules and regulations. 2-4 88 r4. 2. 12. TRANSPORTATION The project entry will be from Memorial Parkway. which is a proposed roadway. The developer shall construct a temporary roadway within the right-of-way as shown on the RPUD Master Plan prior to building permit issuance. The temporary roadway shall be designed and constructed according to County standards and shall be consistent with the temporary roadway to be constructed as part of the elementary school on the adjacent property to the east. The connection of these two temporary roadways will provide access to the project from Livingston Road. 2.13, COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system, shall be provided by the developer. or its assigns. Whenever the developer elects to create iand area and/or recreation amenitities 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, the developer entity shail provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC. 2.14. DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage Ingenuity. innovation and imagination in the planning. design and development or redeveiopment of relatively large tracts of land under unified ownership as set forth in Section 2.03.06 of the LDC. 2.15. LANDSCAPING. BERMS. FENCES AND WALLS Landscaping. berms. fences and walls are permitted as a principal use throughout the Sandalwood Estates RPUD. Required buffer treatments shall comply with the LDC. The following standards shall apply: A. Landscape buffers contiguous to rights-of-way shall comply with the Type D landscape buffer as described in Section 4,06.02 of the LDC. B. Landscape buffers contiguous to residentially zoned properties shall comply with the Type A landscape buffer as described in Section 4.06.02 of the LDC. In cases where an amenity is located contiguous to residentially zoned properties. a Type B landscape buffer shall be provided. 2-5 88 C. A 15 foot wide Type B buffer shall be installed and maintained by Collier County on the property donated for public utility wells. D. The 15 foot wide Type B landscape buffer adjacent to the eastern boundary of the project may include a berm and masonry wall to be shared with the adjacent North Naples Elementary School property. E. All other landscape buffers shall comply with the Type B landscape buffer as described in Section 4.06.02 of the LDC. 2.16. ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or foilowing the construction of the principal structure. A construction operation/management office and leasing office may be constructed after zoning approval but before construction of any principal structures. 2.17. SIGNAGE All signs shall be in accordance with the LDC. 2.18. ENGINEERING Except as otherwise provided within this RPUD Document. this project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. 2.19. PLANNING Pursuant to the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2-6 . 88 SECTION III TRACT R RESIDENTIAL DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of this Section is to set forth development regulations for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A". 3.2. MAXIMUM DWELLING UNITS A maximum of 67 dwelling units may be constructed on the 19.34 acres which remains after subtracting land that is within the E-W Livingston Road right-of-way and the land donated to the Collier County Utilities Department. 3.3. PERMITTED USES No building or structure, or part thereof. shall be erected, altered or used. or land used, In whole or in part for other than the following: A. Permitted Uses: 1. Single family detached dwellings B. Accessory Uses: 1. Customary accessory uses and structures, including clubhouses, private garages, tennis facilities, and swimming pools with, or without screened enclosures, and other outdoor recreation facilities. 2. Project sales and administrative offices, which may occur in a residential building and/or in a temporary building until such time as permanent structures are available. 3. Model dwellings during the period of project development and sales. 4. Signs as permitted by the LDC in effect at the time permits are requested. 5. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeais (BZA). C. Prohibited Uses: 1. Storage or utility sheds 3-1 r 88 3.4. DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the UR" Residential District. The RPUD will feature an integrated and compatibie architectural building style or theme, which will be incorporated into all residential structures. Buildings will feature unifying and complementary design elements such as roof treatments, building materials and building colors. To reduce buliding mass, architectural design treatments such as articulated roof lines, balconies, building offsets, and unified landscaping will be provided. The Individual buildings will vary in size and configuration, and will combine several unit plan choices In one and two story structures. B. General 1. All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. 3-2 Requirements Minimum Lot Area Minimum Lot Width . Interior Lots . Corner Lots Minimum Building Setbacks . Front yard . Side yard . Rear yard . Preserve boundary Minimum Floor Area . One Story . Two Story Maximum Height DEVELOPMENT STANDARDS "R" Residential Areas TABLE I Principal Use 6,000 sq. ft. 50 feet 55 feet 20 feet 6 feet 1 0 feet 25 feet 1 ,000 sq. ft. 1 ,000 sq ft. 35 feet 1 Includes accessory structures and ali other site alterations 3-3 "- ----"--------~_..._---"....__._,'~...'_..,. 88 .... Accessory Use N/A N/A N/A SPS 6 feet 10 feet 10 feet' 100 sq ft. 100 sq. ft. 25 feet 88 SECTION IV PRESERVE AREA 4.1. PURPOSE The purpose of this Section is to identify specific deveiopment standards for the Preserve Areas as shown on Exhibit "A", RPUD Master Plan. A minimum of fifteen (15) percent of the existing 17.45 acres of native vegetation shall be devoted to natural habitat preserve area as described in the LDC. 4.2. PERMITTED USES The PUD Master Plan provides for 2,64 acres of upland preserve area which is in excess of the 15% native vegetation preservation requirement, Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations in accordance with the LDC and GMP Policies. No building, structure or part thereof. shall be erected, altered or used, or land used, in whole or part, for other than the following and subject to permitting: A. Permitted Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserves to provide protection to the preserves in accordance with the LDC. Fences and walls are not permitted within the preserve area. 2. Water management detention and structures, excluding a perimeter berm. a. Native vegetation retention area(s) used for water management purposes shall meet the following criteria: (1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by the South Fiorida Water Management District. the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply 4-1 88 ,.jl with water management requirements. If the District cannot or will not supply such a ietter, then the native vegetation retention area shall not be used for water management purposes. 3. Native preserves. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA 4-2 . 8B SECTION V DEVELOPMENT COMMITMENTS 5. I . PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats 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 LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer and any successor or assignee is bound by the commitments within this Document. 5.3. CHANGES AND AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Plan as provided in 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. 5.4. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of the LDC. B. An annual monitoring report shall be submitted pursuant to the LDC. 5.5. PUBLIC UTITLITES As indicated on the Master Plan, a 1.24 acre tract will be deeded to Collier County Public Utiiities Division for the installation of ASR wells and/or a pump house upon approval of the Sandalwood Estates RPUD. The deveioper of Sandaiwood Estates RPUD shall be provided with the opportunity to connect to the ASR wells for irrigation purposes. 5-1 88 5.6, TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Ao€BSS points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 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 apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Coilier County, shall not be eligible for impact fee credits. All required improvements shali be in place and avaiiable 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. Ali proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. 5-2 "' 88 H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the iack thereof. be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alieys, 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 rights-of-way or easements, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If. in the sole opinion of Collier County Transportation Division, 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. The developer shall be responsible to design and build the southerly two lanes of the future six lane Memorial Parkway adjacent to the subject property (200 linear feet). The design shall meet the standards set forth by the Collier County Department of Transportation. M The proposed development shall accommodate the stormwater run-off of the southerly 3 lanes of the future six lane Memorial Parkway adjacent to the subject property (200 linear feet). N. The Developer shall provide compensatory right-of-way for a future eastbound right turn lane if deemed necessary at the time of development order application. O. A noise mitigation wall adjacent to future Memorial Parkway, if determined to be necessary by the property owners within the development. shall be the responsibility of the developer and not Collier County. P. At the time of site development plan approval. the developer shall coordinate a pedestrian Interconnection between the subject property and the future elementary school to the east should such an interconnection be deemed necessary by Collier County Public Schools. 5-3 88 5.7, POLLING PLACES Pursuant to the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral poiling place, oniy if requested by the Supervisor of Elections. 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W , c 1 ~ I 0: ; January 24,2006 Attn: Lega]s Nap]es Dai]y News 1075 Centra] Avenue Nap]es, F]orida 34]02 Re: PUDZ -2004-AR-6932, Sandalwood PUD Dear Lega]s: Please advertise the above referenced notice on Sunday, January 29, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockho]d Deputy Clerk P.O./Account # 113-138312-649110 88 88 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 14, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 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; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURAL RURAL (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A RESIDENTIAL DEVELOPMENT WITH A MAXIMUM OF 67 DWELLING UNITS, KNOWN AS THE SANDALWOOD RPUD, LOCATED WEST OF LIVINGSTON ROAD, ON THE SOUTH SIDE OF THE FUTURE EAST/WEST LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.6 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ-2004-AR-6932, R & S Development Company, LLC, represented by Kelly Michelle Smith of Davidson Engineering, Inc., requesting a rezone from the "A" Agricultural zoning district to the PUD "Planned Unit Development" zoning district for a residential development with a maximum of 67 dwelling units, known as Sandalwood PUD. The property to be considered for this rezone is located west of Livingston Road, just south of Mediterra, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks 88 prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts GOlijityofGollier CLERK OF THE'GU~,CUIT COURT COLLIER COUNTY qoURTij,9USE 3301 TAMIAMI TJMIL EA'ST P.O. BOX 4~a044 , NAPLES, FLORIDA \3j 10 1-304,4 ". U i , 88 Clerk of Courts Accountant Auditor Custodian of County Funds '.':', ( )_---;..1 January 24,2006 R & S Development Company, LLC 8880 Terrence Ct. Bonita Springs, Florida 34133 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-6932, Sandalwood PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~-. aq~urAcdJ, Je Heidi R, Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Websitc: www.cIerk.collier.f1.us Fax - (239) 775-2755 Email: colliercIerk(Ql.cIerk.collier.f1.us Dwight E. Brock Clerk of Courts Couiity-ofG011ier ~'if~ "'~_'_ " CLERK OF THE CIRCUIT COURT '- , COLLIER COUNTY qoURTij,pUSE 3301 TAMIAMI TJ,{AIL EA'ST P.O. BOX 4j,'~044 \. NAPLES, FLORIDA'0jlOl-3O<f4 t( I , 88 Clerk of Courts Accountant Auditor Custodian of County Funds if , 'j--/ January 24, 2006 Davidson Engineering, Inc. Kelly Michele Smith 2154 Trade Center Way Suite 3 Naples, Florida 34109 Re: Notice of Public Hearing to consider Petition PUDZ-2004-AR-6932, Sandalwood PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 'tfoC Q 00~ .oC Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.t1.us Fax - (239) 775-2755 Email: coIlierclerk(/lJ.clerk.collier.t1.us Heidi R. Rockhold 88 '... From: Sent: To: Subject: Heidi R Rockhold Tuesday, January 24, 2006 11 :22 AM 'Iegals@naplesnews,com' PUDZ-2004-AR-6932, Sandalwood PUD Attachments: PUDZ-2004-AR-6932,doc; PUDZ-2004-AR-6932.doc Legals, Please advertise the above mentioned notice on Sunday, January 29, 2006, ~ ~ PUDZ -2004,AR,693 PUDZ ,2004,AR,693 2.doc (29 KB) 2.doc (31 KB) If you have any questions, please call Thank you, Heidi R, Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi, rockhold@clerk.collierfl.us) Heidi Rockhold 88 Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Tuesday, January 24, 2006 11 :22 AM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT2214921,txt; PUDZ-2004-AR-6932, Sandalwood PUD [J Fz:"'7I L.::....J ATT2214921.txt (231 B) PUDZ-2004-AR-693 2, Sandalwood... 7'h' . . II I D I' S'V 'f' . IS IS WI automafu;a y generate{ elvery, tafus j Of! u;atlOn. Your message has been sucees,~fit!ly relayed to the/()lIowing recipients, but the requested delivery status llOti/leations may not be generated by the destination. I egals(a)napl eoi' news. com Heidi Rockhold PUDZ-2004-AR-6932. Sandalwood PUD Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, January 24, 2006 12:00 PM To: Heidi R Rockhold Subject: RE: PUDZ-2004-AR-6932, Sandalwood PUD OK mnOriginal Messagemn From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collier.fl.us] Sent: Tuesday, January 24, 2006 11:22 AM To: legals@naplesnews.com Subject: PUDZ-2004-AR-6932, Sandalwood PUD Legals, Please advertise the above mentioned notice on Sunday, January 29, 2006. <<PUDZ-2004-AR-6932.doc>> <<PUDZ -2004-AR-6932.doc>> If you have any questions, please call Thank you, Heidi R. Rockhold Clerk to the Board orCountv Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi.rockho1d@clerk.col/ierjl.us) 1/24/2006 Page 1 of1 88 t 88 o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier ;l,'~ ( Signature of affiant) PUOZ.2Q04.AR.6932 NOTlC~ OFIHtENT TO CONSIDER OA,DINANCE Notlee Is hereby given tI!!lt on TUESDAY. Febru. ary 14. 2006, In the Boardroom, 3rd Floor Admlnl$tra,tleln,Bultdlng: Collter County, Govern. ment Center,,3301 East T,amlaml, Trail.!. Naples1 Forlda. the aoard or County 'CommiSSIoners will cons'der the enact. ,ment of a County Ordl. nance. The meetIng wilt commence at 9:00A.M. rhe title of the prQ' p~,sed Ordlnanc, e Is as fo lows: AN ORDINANCE OF THE BOARD OF COUNTY C.Q.MMISSIQN U$-Of C q Lt'tE"lf C OU N'TY , I FlORID~1 AMENDING ORDINA"'CE NUMBER 2004-41, AS AMENDED THE COllIER COUNTY lAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPO. RATED AR~ OF COlUERI' COUNTY, FLORIDA.!. BY, AMENDING THE APt'RO.' PRIATE ZONING ATLAS MAP OR, MAPS: BY CHANGING THE ,ZONING CLASSIFICATION OF THE HEREIN DESCRIIIED REAL PROPERTY FROM AGRI. CULTURAL RURAL (A) ZONING DISTRICT 'TO THE RESIDENHAl PLANNED UNIT DEVEl. OPMENT (RPUD) ZONING I DISTRICT FOR A RES', DENTIAl DEYElOPMENTI WITH A MAXIMUM OF 67 DWellING UNITS KNOW,N AS THE SAN:, DAlWOOD RPUD lO. CATED WEST OF LIVING.: STON ROAD.L ON THE SOutH SlDE uF THE FU. TURE, EAST/WEST llY. INGSTON ROAD. IN SEC- TION ,13l..,TOWNSHIP 48 SOUTH, KANClI; 25 EAST COllIER COUNTY' FLORIDA, CONSISTING OF 20.6 ACRES; AND BY PROYIDING AN EFFEC. TIVE DATE. ~rg:#~ Company, LlC, r'lie. sented by Kelly Mk:. Ite Smith of DavIdson /'!II_ neerlng, Inc., reQUt$tlno a reZOne from the 'Po'll Agricultural zQnlng dls.' trlct to the PUO' "Planned Unit Develop. menta zonlnll district for a resIdential devel. opment with' a max'. mum of 67 dwellIng u~l~ known as Sandal; Wooa PUD. The propertY to be, considered for thIs rezone Is located lIVest of lWlngstonRoad, lust south of Med/terra, /n Section '13, TQwnshlp 48 ,Soutf!, Range 25 East, In ColIl.r County. Florida :~~onSI$ts of 20.58 _ CopIes of the proposed Ordinance are on file wIth the Clerk to the fBoard andere avaUabl1l or Il1$pectlon. All Inter- , estecl Partlt$ are Invited to attend and be heard. 1"Ort:: All PIlrs~ Ing to speak on any agenda Item must regls. ter wIth the CQulJty ad. i mlnlstrator I'rlor to pre., sentatlon 0 the agenda' Item to be addressed Individual speake,.. wll; be limited t05 minutes on any Item. The .'ee., tlon of an IndIvidUal to speak on behalf of an I organlzIltlon or group Is encouraged. If recog- nized by the Ch.lrman a spOkesperson for a group or organization may be allottee! 10, min. ~~~ to speak, on an Persons wlshJng to' have! written or graphic ma.i terlals Included In the. BoarU'agenda packetsi must submit said ma. terlal a mllllmum of 3 weeks prior to the re.! spectlve public hearing. In any case, wrItten ma.' terlals Intended to be considered b~ the Board , shall be su mltted to I tht effappropr ate County , s a a minImum of sev. en days priOr to, tlfe i public hearing. All ma. tte, rial, used In presenta. o"n,s before the Board w become a perma. nent part of the reeol'd. tnn~~~~~~". ~c:,~!,_ci~ Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue January 29th, 2006 Affiant further says that the said Naples Daily K ews is a newspaper published at Kaples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post o/lice in Naples, in said Collier County, Florida, for a period of I year ne),:t preceding the first publication of the attached copy of advertisement; and a/liant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or retund for the purpose of securing this adwrtisement for publication in the said newspaper. Sworn to and subscribed before me This Februarv 2nd. 2006 ~'~JJ2ff k4L~ (SIgnature of notary public) 1/ " ,,;~A~:'ft.;:-., Harriett Bushona }' ~ t\ MY COMMISSION # DD234687 EXPIRES ',:.~~.i5t, July 24, 2007 r ~'I;'\~" SONDED THRU TROY FAIN INSURANCE, INC " qll MEMORANDUM Date: February 16, 2006 To: Heidi Williams Planning From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution ofDenia12006-37 PUDZ-2004-AR-6932 Enclosed please find a copy of the document referenced above, (Agenda Item #8B), which was approved by the Board of County Commissioners on Tuesday, February 14,2006. If you should have any questions, please contact me at 774-8411 Thank you. Enclosure · 88 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents shuuld be hand delivered to the Board OfHce. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) 88 ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee lion of the Chairman's si nature, draw a line throu h roulto lines # 1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routin order) I. C;' r oCt b~ 2. C \)t S !-Ic{J n .J,?t .J ~:, 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthe original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summaI)'. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the BeC offiee only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number - , CC-- Z!) ...::2 I !~ 8f~ I Agenda Item Number Number of Original Documents Attached a6t/Q - INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A(Not avvrovriate, (Initial) Avolicable) l. Original document has been signed/initialed for legal snfficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCe /:1 [( Chairman and Clerk to the Board and possibly State Officials,) 2, All handwritten strike-through and revisions have been initialed by the County Attorney's 1-: /:>) Office and all other varties excevt the BCC Chairman and the Clerk to the Board 3, The Chairman's signature line date has been entered as the date of Bee approval of the document or the final negotiated contract date whichever is applicable. r-(<..( 4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman'5 signature and initials arc required. v1<) ;: 5, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bce approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain ~. time frame or the Bee's actions are nullified. Be awarj} of your deadlines! 6, The document was approved by the Bec on )/, .,;/1t.nter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The /d.AL an option for Countv Attornev's Office has reviewed the chanves, if aoolicable. line 6, I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2,74.05 88 RESOLUTION 06- ..3l.. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER PUDZ-2004-AR-6932, PERTAINING TO A REQUEST TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURAL (A) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) KNOWN AS SANDALWOOD RPUD, FOR PROPERTY CONSISTING OF 20,6"= ACRES, LOCATED SOUTH OF MEDITERRA PUD, EAST OF THE IMPERIAL GOLF ESTATES SUBDIVISION AND APPROXIMATELY 1/2 MILE WEST OF LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DENYING THE REQUEST BY OPERATION OF LAW, WHEREAS, the Legislature of the State of Florida m 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. 04-4 I, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the establishment of Planned Unit Developments (PUD); and WHEREAS, the Board of County Commissioners, 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 an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation for the property hereinafter described, and has not found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters required by said regulations for the reasons set forth in the record of the proceedings before the Board; 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 County Commissioners of Collier County, Florida, that: The petition, identified as PUDZ-2004-AR-6932, filed by Davidson Engineering, Inc. representing R and S Development of Florida, LLC, with respect to the proposed Sandalwood RPUD be and the same hereby is by operation of law DENIED for an amendment to the Zoning Atlas Map for the purpose of amending the zoning designation for the property hereinafter described. Page 1 of2 88 BE IT RESOLVED that this Resolution relating to Petition Number PUDZ-204-AR- 6932 be recorded in the minutes of this Board, This Resolution adopted based upon motion, second and majority vote to approve the subject request, which was not a sufficient super-majority vote, and thus, the request is considered denied by operation of law effective this date. Done this 14th day of February ,2006. ATTEST:q", DWIGHT E B~(}Q~q;ElU<. ", :,.~",,,-,,,...::.::.,,,;\, .., : -.." ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~>~./ FRANK HALAS, CHAIRMAN BY: Approved as to form and legal sufficiency: Jeft] Assi \\em# ~ Agenda J -I ~ -f)p Date Dat~ .:J-l ~ -{)p Rec&? Page 2 of2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i).. , . '0",0 8E To: Clerk to the Board: Please place the following as a: o Normal legal Advertisement ~ Other: Legal Advertisement Must be advertised 30 days in advance of Hearing - Advertisement date January 111,2006 (Display Adv" location, etc,) ********************************************************************************************************** Originating Depll Div: Public Utilities Engineering Person: Phil Gramatges, Principal Project Manager Date: January 6, 2006 Petition No, (If none, give brief description): NA Petitioner: (Name & Address): NA Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mark Brewer Angie Brewer & Associates 9104 58'" Drive East BradenlOn, FL 34202 Donald Lindeman PE, Sr. Project Mgr. CDM 9311 College Parkway, Ste, I Fort Myers, FL 33919 Hearing before ~ BCC BZA Other Requested Hearing date: (Based on advertisement appearing 30 days before hearing): February 14,2006 Newspaper(s) to be used: (Complete only if important): ~ Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: See attached Notice of Public Hearing Companion petition(s), if any & proposed hearing date: None Does Petition Fee include advertising cost? ~ Yes 0 No, If yes, what account should be charged for advertising costs: 412- 273512-649100-708921 Reviewed by: Division Administrator or Designee Date List AUachments: Notice of Public Hearing on February 14,2006 DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE; ONLY: Date Received: \- ~-arolp Date of Public hearing: ~ Date advertised: ~D(.:> 8E ..... NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesdav, Februarv 14, 2006, in the Boardroom, 3" Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, The meeting will begin at 9:00 A.M. THE BOARD WILL CONSIDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS WELLFIELD EXPANSION TO 20 MGD FACILITIES PLAN, DECEMBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND AUTHORIZING MANAGEMENT OF THE STATE REVOLVING FUND PROGRAM LOAN BY THE PUBLIC UTIL TIES ADMINISTRATOR CONSISTENT WITH THE LOAN PROGRAM AND BOARD APPROVALS. This hearing will include, but not be limited to the discussion of the plans to expand the Collier County South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 MGD, Additionally, the financial impact on system users will be discussed. The hearing is intended to afford the opportunity to indi viduals to be heard on economic and social effects of the location, design and environmental impact of the potable water treatment facilities recommended in the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 MGD Facilities Plan, December, 2005, Funding for this project is anticipated to come from the Florida Department of Environmental Protection State Revolving Fund (SRF) loan program, The South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20 MGD Facilities Plan document can be reviewed beginning January 6, 2006 at Collier County Public Utilities Division, 3301 E. Tamiami Trail, Building H, 3rd Floor, Naples, Florida, NOTE: All persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed, Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged, If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing, All material used in presentations before the Board will become a permanent part of the record, Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W, COYLE, CHAIRMAN DWIGHT E, BROCK, CLERK By: Is/Patricia Morgan, Deputy Clerk (SEAL) January 10, 2006 AUn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SCRWTP Expansion Resolution Dear Legals: Please advertise the above referenced notice on Saturday, January 14,2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.D.! Account #412-273512-649100-708921 8E ~I 8E '.~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 14, 2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. THE BOARD WILL CONSIDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS WELLFIELD EXPANSION TO 20 MGD FACILITIES PLAN, DECEMBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND AUTHORIZING MANAGEMENT OF THE STATE REVOLVING FUND PROGRAM LOAN BY THE PUBLIC UTILITIES ADMINISTRATOR CONSISTENT WITH THE LOAN PROGRAM AND BOARD APPROVALS. This hearing will include, but not be limited to the discussion of the plans to expand the Collier County South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20 MGD. Additionally, the financial impact on system users will be discussed. The hearing is intended to afford the opportunity to individuals to be heard on economic and social effects of the location, design and environmental impact of the potable water treatment facilities recommended in the South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20 MGD Facilities Plan, December, 2005. Funding for this project is anticipated to come from the Florida Department of Environmental Protection State Revolving Fund (SRF) loan program. The South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 MGD Facilities Plan document can be reviewed beginning January 6, 2006 at Collier County Public Utilities Division, 3301 E. Tamiami Trail, Building H, 3rd Floor, Naples, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to 8E ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts GOJ.iiity-(}f-G<1l1i er ,--.~-. '. CLERK OF THB (j~CU:IT COURT COLLIER COUNTY qo" URTll,O, USE 3301 TAMIAMI 'QiAIL EA~T , P.O, BOX4f}044 \ NAPLES, FLORIDA ~~101-3O\f4 t,( I 8E ,~', -'-0':.- '1"-"; . ( :.}....1 / Clerk of Courts Accountant Auditor Custodian of County Funds January 10, 2006 Mark Brewer Angie Brewer & Associates 9104 58th Drive East Bradenton, FL 34202 Re: Notice of Public Hearing to consider a Resolution adopting Collier County's South County Regional Water Treatment 20 MGD RO Expansion Facilites Plan, December, 2005 Dear Sir: Please be advised that the above referenced Resolution will be considered by the Board of County Commissioners on Tuesday, February 14, 2006, as indicated on the enclosed notice. The legal notice pertaining to this Resolution will be published in the Naples Daily News on Saturday, January 14, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ChuA .J..J.ur\J~-tu-. 0 ( , Ann Jennej~, Deffuty Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.t1.us Fax - (239) 775-2755 Email: colliercIerklalcIerk.collier.t1.us Dwight E. Brock Clerk of Courts 'Coljiiiy- of-G(()'l,li er -.... "-"- , CLERK OF THE ()~RCtJIT COURT ~ \ COLLIER COUNTY~URTIlOUSE 3301 TAMIAMI IL EA\$T , P.O. BOX 4 }044 \ NAPLES, FLORIDA~~101-3d44 t\ I ~'-;~'tr' ,I , , ~L_J - / 8E Clerk of Courts Accountant Auditor Custodian of County Funds January 10,2006 Don Lindeman PE, Sr. Project Mgr. CDM 9311 College Parkway, Ste. 1 Fort Myers, F1 33919 Re: Notice of Public Hearing to consider a Resolution adopting Collier County's South County Regional Water Treatment 20 MGD RO Expansion Facilites Plan, December, 2005 Dear Sir: Please be advised that the above referenced Resolution will be considered by the Board of County Commissioners on Tuesday, February 14,2006, as indicated on the enclosed notice. The legal notice pertaining to this Resolution will be published in the Naples Daily News on Saturday, January 14,2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK QLu.,v ~~. Ann Jennejohn, ~eputyUC1erk o.c. Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.f1.us Fax - (239) 775-2755 Email: collierc1erk@c1erk.collier.f1.us Ann P. Jennejohn 8E To: Subject: legals@naplesnews,com SCRWTP Expansion Resolution Attachments: SCRWTP Expansion Resolution,doc; SCRWTP Expansion Reso (2-14-06),doc Good Morning, Please advertise the attached on Saturday, January 14, 2006. ~ ~ Thank you, SCRWTP Expansion Resolution.do... SCRWfP Expansion Reso (2-14-06.., Ann *Please note, we now have a new Chairman of the BCC: Frank Halas 1 Ann P. Jennejohn 8E From: Sent: To: Subject: ClerkPostmaster Tuesday, January 10, 2006 10:51 AM Ann P, Jennejohn Delivery Status Notification (Relay) Attachments: ATT506660,txt; SCRWTP Expansion Resolution 1[8.'.. !~_:'; '",- . F:'~"1 L::J ATTS06660,txt SCRWTP Expansion (229 B) Resotution This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 SCRWTP Expansion Resolution Page I of I 8E Ann P. Jennejohn ---,~,--"---" "-'._,-----~--~-_._'"_._----~----,,-,.~_.~~--- ,..,~-~----"._--------~---------~~_._,~--~---_.._-- From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Tuesday, January 10, 2006 10:56 AM To: Ann P, Jennejohn Subject: RE: SCRWTP Expansion Resolution OK -----Original Message----- From: Ann P, Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Tuesday, January 10, 2006 10:51 AM To: legals@naplesnews,com Subject: SCRWTP Expansion Resolution Good Morning, Please advertise the attached on Saturday, January 14, 2006. Thank you, (2-14-06),doc>> <<SCRWTP Expansion Resolution,doc>> <<SCRWTP Expansion Reso Ann *Please note, we now have a new Chairman of the BCC: Frank Halas 1/10/2006 r BE o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier NOTICE OF PUBLIC HEAlllNG Notice Is here:l given h"~:n'1s=~s ocr~1 lIer County will hold a I!ubllc hearing on Tues- day, February 14, 2006 In the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamlaml Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a THE BOARD WILL CON- SIDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ffcMti~ foOotlpttTNVd COLLIER COUNTY'S SOUTH COUNTY REGION- AL WATER TREATMENT PLANT REVERSE OSMO- SIS WELLFlELD EXPAN. SION TO 20 MGD FACILI- TIES PLAN, DECEMBER. 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DE. PARTMENT OF ENVIRON- MENTAL PROTECTION AND AUTHOR-IZING MANAGEMENT OF THE STATE REVOLVING FUND f1tj. GRAM LOAN BY THE P ElLlC UTILITIES AD- INISTRATOR CONS.~. TENT WitH THE LOAN PROGRAM ANlk80ARD APPROVALS.' This hearlno will In- clude. but not be limited to the discussion of the I!lans to expand the Col- lier County South Coun- ty Regional Water Treat- ment Plant Reverse Os- mosis Wellfleld Expan. sian to 20 MGD. Addi- ,tlonallY, the financial mpact on system usets will be discussed. The hearing Is Intended to afford the Opporttlnlty '--nT"lridTvTifulilSfo .lie I heard on economic and social effects of the lo- cation, deSign and envi- ronmental Impact of tile potable water treatment I facilities recommended II'! the South County Re- gional Water Treatment Plant Reverse Osmosis Wellfleld Expansion to 20 MGD Facllltle. Plan. December, 2005. .Fund- Ing for this project Is anticipated to come from tIie Florida. Dtflut. ment of Environmental Protection State Revolv- Inll Fund'(SRF) lqan pro: gram. The .soo. th County Re- . ~1~~la~Tr=~: ~e~dF::"~?:~PJ~g document can be re- viewed beolnnlng Janu- ary 6, 200-6 at Collier County Public Utilities Division, 3301 E. Tamla- ml Trail. BulldlngH, 3rd Floor, Naples, Florida. I NOTE: AI I Persons Wish- Ing to speak on any I !~~~il . Item to be !re..ed I~dlvldual speakers wlli be IiOOted to 5 I 1/ on any Item n:: nutes tlon of an IhdlYldu'il'etc;; speak on behalf of an organIzatIon o.r group I, e~couraged. If recog- n,zed by the Chair a spOkesperson for' a llfa~uC. or" organIzation utes t a otted 10 mln- Item. 0 Speak on an t;ersons ~ishlng to ave written or graph' flhaterlals InclUded II~ e Board agenda p k ets must submit Sa;ld material a minimum of 3 weeks prior to the re. fpectlve pUblic hearing n any case. wrItten 1lMl' terlals Intended to ,,~ considered by the Board shall be submItted to ~~:ffaaPpro, p,rlate County m n mum of sev- g~bl1cah~J\r'or to the terl" , ...... ~g.__A" ma- PUBLIC NOnCE in the matter of Public Notice as published in said newspaper time(s) in the issue January 14th, 2006 Affiant further says that the said Naples Daily :-Iews is a newspaper published at ~aples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in ;\aples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /J.---( ( S(gnature of affiant) Sworn to and subscribed before me This January 24th, 2006 -;/ It ~ (J',~\.u' -" 7 (Signature of notary public) / '- . .-$.~,:iA~:'f~?;;,- Harriett BushoTlfl r.(~'~d lAY COMMISSION # 00234689 EXPIRES <~.~.; July 24, 2007 ',.';f,,9f. ,\~~.", 80NDED THRU TROY FAIN INSURANCE. INC MEMORANDUM Date: February 24, 2006 To: Porfirio E. Gramatges, Senior Project Manager From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-38 Collier County's South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #8E), which was approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you have any questions, please call me at 774-8411 Thank you. Enclosures (I) BE ~ j ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE BE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only at'ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #\ through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the execntion of the Chairman's simature, draw a line throueh routing: hIll'S #1 throu"h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rouling order) L Frank Halas Board of County Commissioners 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing thl~ Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Porfirio E. Gramatges Phone Number 774-8836 Contact Agenda Date Item was February 14,2006 Agenda Item Number 8E Annroved by the BCC Type of Document Resolution # 2006-38 Number of Original I Attached Documents Attached L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 2/14/2006 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licablc. Yes (Initial) N/A(Not A Iicablel ~/ 2, N/A 3, N/A 4, 5, 6, I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2006- ~ f BE A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, ADOPTING COLLIER COUNTY'S SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS WELLFlELD EXPANSION TO 20 MILLION GALLONS PER DAY (MGD) FACILITIES PLAN, DECEMBER, 2005; AUTHORIZING THIS PLAN TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND AUTHORIZE MANAGEMENT OF THE STATE REVOLVING FUND PROGRAM LOAN BY THE PUBLIC UTILTIES 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 Reverse Osmosis Wellfield Expansion to 20 MGD 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 Reverse Osmosis Expansion to 20 MGD 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: L Collier County, a political subdivision of the State of Florida, hereby adopts the Collier County South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 MGD 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, including extensions of timelines, 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 14'" day of February, 2006 after majority vote in favor of adoption, ATTEST: ''I,,, ."c.,~.r:'''''''' " _3'." j..,\.i..Ht...' i~", -'. ,'<:.;.._..~....-.,,,..~'/.' ,}.. DWI~Hf,E. BROC&.~(olerk , ~"'; , ' , (V) .' '--.."' "_ l'\.l\...: DeputY<:'J,e' " " '~bst..I'$: 'to Cha 1 rlI4II ' S ~t'-1: 11jilltllre only. B BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT .5-~~/ , CHAIRMAN BY Approved as to form and legal sufficiency: ..--- ?J~ Item# ~ c:; 0) ~ ct:> ".' c.v :-. .c::: !"1 .- r /I hr- Thomas C. Palmer Assistant County Attorney ~ ~ .JO- <n ~ 9A MEMORANDUM DATE: February 23, 2006 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2006-30 Resolution 2006-31 Resolution 2006-32 Resolution 2006-33 Enclosed please find one (1) copy of each of the documents, as referenced above (Agenda Items #9A, #9B, #9C and #9D) approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures 9A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Ofiice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccption of the Chainnan's si~nature, draw a line throm!h routing lines #1 through #4, comn\cte the checklist, ,md forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing: order) 1. 2. 3, 4. 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact intormation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing intormation. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the BCC has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Countv Attomev's Office Agenda Date Item was February 14,2006 Agenda Item Number 9D Aooroved bv the BCC Type of Document Re~r\i()lc -33 Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, ete, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final TIe otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved by the BCe on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2, 3, 4, 5, 6, ~~ N/A ~ cS I: Formsl COllnty Forms/ Bee Formsl Original Documcnts Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05 1(1 f/ttf' (; /;rIg f/ David C. Weigel County Attorney Item # .3i!- Agenda ~-~lf~ Date Date "-d3; tb ~~ll o uly Clerk \ 90 MEMORANDUM DATE: February 23, 2006 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2006-30 Resolution 2006-31 Resolution 2006-32 Resolution 2006-33 Enclosed please find one (1) copy of each of the documents, as referenced above (Agenda Items #9A, #9B, #9C and #9D) approved by the Board of County Commissioners on Tuesday, February 14,2006. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 fl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO g THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oflicc only after the Hoard has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate tor additional signatures, dales, and/or information needed. (fthe document is already complete with the exception of the Chairman's sienature, draw a line throue:h routing lines # I through #4. comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2, 3. 4, 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the cxeeutive summary. Primary contact information is needed in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman '5 signature arc to he delivered to the BCC olfice only aftcr the Bee has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Countv Attornev's Office Agenda Date Item was February 14,2006 Agenda Item Number 9C Approved bv the BCC Type of Document Resolu~n()OG Number of Original 1 Attached - 3d-- Documents Attached l. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, mnst be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been tully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here'" tabs are placed on the appropriate pages indicating where the Chairman's si Jnature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on <enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2 3, 4, 5, 6, (b N/A '(.i ~I '1' I: Forms! County Forms! lice Forms/ Original Documents Routing Slip WWS Original 9.OJJ)4, Revised 1.26.05, Revised 2.24.05 98 RESOLUTION NO. 2006-32 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD. WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the Collier County Code Enforcement Boards shall consist of seven regular members and two alternate members; and WHEREAS, there are currently 3 vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that: 1. David H. Cook, representing the Alternate category, is hereby appointed to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said term to expire on February 14, 2009. 2. Kenneth Kelly, representing the Alternate category, is hereby appointed to the Collier County Code Enforcement Board to fulfill the remainder of the vacant term, said term to expire on February 14, 2007. 3. Justin DeWitte, formerly an Alternate, is hereby appointed as a regular member under the category of Business Professional to fulfill the remainder of the vacant term, said term to expire on February 14, 2007 This Resolution adopted after motion, second and majority vote. DATED: February 14, 2006 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA ''''l, ~~ ~ By: ~>~./ FRANK HALAS, Chairman - I:"eo'utv Cle ' '." ... ' . It, as ,to _ ifn.an' s . bIre on~)I " . ~~/... , ',--t!~:>.. .... Approved ~~%'~r.:.;n'a'~d legal sufficiency: k'll~#~ David C. Weigel County Attorney Item # ...9.E?.- Agenda Q. ~(~ 4 Date i 9C :1 , "j MEMORANDUM DATE: February 23,2006 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2006-30 Resolution 2006-31 Resolution 2006-32 Resolution 2006-33 Enclosed please find one (1) copy of each of the documents, as referenced above (Agenda Items #9A, #98, #9C and #9D) approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures. dates, and/or information needed. lfthe document is already complete with the exccntion of the Chairman's si2nature, draw a line through routinp" lines # I throup"h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in fOutinQ order) I. 2, 3, 4. 5, Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthc original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documcnls needing the Bee Chairman's signature arc to be delivered to the ACe office only after the Bee has acted to approve lhe item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Agenda Item Number Extension 8400 9B Yes (Initial) N/A (Not A licable) Phone Number Number of Original Documents Attached (g) N/A <0 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, ete, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-throngh and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si 'nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC otlice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullined. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. 2, 3, 4, 5, 6, 9C RESOLUTION NO. 2006-31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE PELICAN BAY SERVICES DIVISION BOARD. WHEREAS, Collier County Ordinance No. 2002-27, as amended, established the Pelican Bay Services Division Board and provides that the Committee shall consist of nine (9) members with a residential interest within the Unit and two (2) members with commercial/business or other interests who are residents of Collier County; and WHEREAS, the terms of three (3) members will expire on March 31, 2006, creating vacancies on this Board in the Resident and Commercial categories; and WHEREAS, a press release was issued and applications were received from 3 qualified candidates. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that: 1. Edward V. Staros, representing the Commercial category, is hereby reappointed to serve on the Pelican Bay Services Division Board for a four year term, said term to expire on March 31, 2010. 2. Coleman J. Connell, Resident, is hereby reappointed to serve on the Pelican Bay Services Division Board for a four year term, said term to expire on March 31, 2010. 3. David J. Bramson, Resident, is hereby appointed to serve on the Pelican Bay Services Board for a four year term, said term to expire on March 31, 2010. This Resolution adopted after motion, second and unanimous vote. DATED: February 14, 2006 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA ~. JlC By: ~~~./" FRANK HALAS, Chairman ,c ; Deputy C erk', c, t ~\*st as to Cha 1~n' s ......tMre only.; ~ c._ "0 . . Approve'd ~ to for~ ~,,{d legal sufficienCy:" ' David C. Weigel County Attorney Ilem# qC- ~~~da J ~lcf:t0 DATE: TO: FROM: RE: MEMORANDUM February 23, 2006 Kay Nell, Legal Assistant County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2006-30 Resolution 2006-31 Resolution 2006-32 Resolution 2006-33 90 ~ Enclosed please find one (I) copy of each of the documents, as referenced above (Agenda Items #9A, #9B, #9C and #9D) approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures 90 ... ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. AUach to original document. Original documenB should be hand delivered to the Board Of1'icc. The completed routing slip ,md original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccvtion of the Chairman's sip'oature, draw a line throul!h routing lines #1 throul!h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin2 order) 1. 2. 3, 4. 5. Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item) Name of Primary StatY Kay Nell, CLA Phone Number Extension 8400 Contact Countv Attornev's Office Agenda Date Item was February 14,2006 Agenda Item Number 9A Aooroved bv the BCC Type of Document ResoZOOh - ~O Number of Original I Attached Documents Attached L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a TO riate. Original doenment has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, ete, signed by the County Attorney's Office and signature pages from contracts, agreements, ete, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne rotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si\rnature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC o1Tice with in 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time trame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, jf a licable. Yes (Initial) N/A(Not A licable) 2, 3, 4, 5, 6, J) N/A \iJ (~ (i) I: Forms! County FomlS/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rl:viscd 1.26.05, Revised 2.24.05 90 ... RESOLUTION NO. 2006-30 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT MEMBERS TO THE LAND ACQUISITION ADVISORY COMMITTEE WHEREAS, on December 3, 2002, the Board of County Commissioners adopted Collier County Ordinance No. 2002-63 which created the Land Acquisition Advisory Committee; and WHEREAS, Ordinance No. 2002-63 provides that the Land Acquisition Advisory Committee shall consist of nine (9) members that are residents of Collier County which comprise a broad and balanced representation of interests, including environmental and conservation, agricultural and business, educational interests, and general civic and citizen interests; and WHEREAS, there are currently 4 vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Land Acquisition Advisory Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Willis P. Kriz, representing the categories of environmental, agriculture, and civic, is hereby reappointed to the Land Acquisition Advisory Committee for a three year term, said term to expire on February 11, 2009. 2. Wayne Jenkins, representing the categories of Civic and Conservation, is hereby reappointed to the Land Acquisition Advisory Committee for a three year term, said term to expire on February 11, 2009. 3. Kevin G. Kacer, representing the categories of Environmental, Conservation, Ecology, Real Estate, Land Appraisal, Land Management and Eco-Tourism is hereby appointed to the Land Acquisition Advisory Committee for a three year term, said term to expire on February 11, 2009. 4. Stan Weiner, representing the categories of Agricultural and Business, and Civic, is hereby appointed to the Land Acquisition Advisory Committee to fulfill the remainder of the vacant term, said term to expire on February 11, 2008. 90~ This Resolution adopted after motion, second and majority vote. DATED: February 14, 2006 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA ~ :J~eputy~i: .., ,,-, Attest Uio;ChalrNlI"J " ,.,::.t~.UilJ. Appr~f! as.tiJ~n1 and legaffslJllfierehcy: ilic By: :::::>~.J" FRANK HALAS, Chairman h., ,-4 -c. it. ~; David C. Weigel County Attorney Item # CJ ]) Agenda J - ! 4 .fh Date Date '\ -,:;0 - ^, Rec' DL U 2 IOC . MEMORANDUM Date: February 15,2006 To: Lorraine Lantz, Right-of-Way Coordinator Transportation Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-39 Roadway, Drainage and Utility Improvements Please find enclosed find one copy of the document as referenced above, (Agenda Item #10C), as approved by the Board of County Commissioners on February 14, 2006. If you should have any questions, please call me at 774-8411 Thank you. Enclosure (1) lOr> J lJ . RESOLUTION NO. 2006- Vl A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WA Y, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND PERPETUAL, NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADW A Y, DRAINAGE AND UTILITY IMPROVEMENTS TO COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD, (CAPITAL IMPROVEMENT ELEMENT NO, 33, PROJECT NO. 60101), WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004-7 I 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, 2004-7 I; and WHEREAS, the four-lane section of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road (Project No. 6010 I) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, on May 24, 2005, the Board adopted Resolution No, 2005-212 authorizing the condemnation of property for lhe construction of the County Barn Road Project; and WHEREAS, on October I 1,2005, the Board adopted Resolution No, 2005-362, superseding Resolution No. 2005-212 and authorizing the condemnation of property for the construction of the County Barn Road Project; and WHEREAS, several refinements in the project design have been made since Resolution No, 2005- 362 was approved; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. IOC . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of County Barn Road from lwo lanes to four lanes between Davis Boulevard and Rattlesnake Hammock Road (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County, AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs, AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safely and welfare considerations associated with the design and construction of the Project, and various impacts to the environmenl, and the Board finds that after consideration of these issues, the most feasible locations for conslruction of the proposed improvements is collectively represented by lhe legal descriptions comprising Exhibit "A" attached hereto and incorporated herein, AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board 10 acquire various real property interests described in Exhibit "A" to wit fee simple title interests and perpetual and temporary easement interests, AND IT IS FURTHER RESOLVED that all property shall be put to public purposes, AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance wilh the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired, This Resolution, adopted on this /1..fflA. day of h. brvarr_, 2006, after motion, second and majorily vote supersedes and replaces Resolution No. 2005-362. , ~,- -'I. ,,) ATTEST:"",.-.'..,.,..:. ' DWIG}tT E.13Rdh:K;'CLERK , , -' ~" " - .- ~ :-.. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY RIDA ~ 'lttI$t IS ~~iru s .f.~;,.l). ~.ryDr ed as tOfO~l suffiCiency Jl h..o-u' Assistant County Attorney Ellen T. Chldwtl1 By: FRANK HALAS, CHAIR A Page 2 EXHIBIT r Pa~ ) of LQI 10 C- , . SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 101 PROPERTY OWNER: MHC-NAPLES ESTATES L1MITEO PARTNERSHIP REFERENCE: O,R, 2476, PO, 2427 AREA OF TAKE: 0,58 ACRES" PERPETUAL. NON.cxcLUSlVE ROAD RIGHT-OF-WAY. DRAINAGE N#lJ UTJUTY EASEMENT <\I f-. Z :::>- - <n- ~.b . ;<(0(:) ~-. [3<!i1- Qo..~ C:I')'[:l:: (:)- oq;a:i esn.: s: 1E LJ ~ C:i :s ~ Q-oq; OOlLJ 01 . ~"(J ZOO . ttJ<!ieJ Ct::o..l:: (:) .:::> f-.-CXl oq;l') .' <nCXl[O oq;o.. -' f-. -' (J s: oq; g: T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THtS lEGAL DESCRIPTION AND SKETCH PREPARED BY: MA TCHLlNE SEE SHEET 2 OF .3 ~ ~ I ~ S I J~ '" :0 I I- ~o\It;j ~ t5~ ",'" .., :<:'" : I I ~~ ~'3 I."'~ _g ~::J ;t ;tj I N : o ~ I II :ill .. 31 Q '" '" d :<: '" GJ '" 1 Ct::i' '" '" :e z. ;;S Ct::O '" 0 oq;' >- . 0 '" CXlCt:: ~ <0 '" " + .. ~g .... 3\ Ck: ... N ::> ~ '" 0 z- 0 :::>'-' V) 0 (J ~ . . <0'" ",0 ~~ ~<o is''' 8 " + N N 8 + o N EASEMENT ....!I\ ::::H..GNOlJ .....!![) :::::IJAI~BER & ......13 ...... ...... RUNDAGE,I!<<:. Professional engineers. planners, &: hmd surveyors Cautl' Couuty: Suite 200, 7~O TIlUDiUlll Tral!, North; Napl... n. '-UOI (2311)1181-3111 Lee COUDtr. 11000 CoooDut Roall, Suite 10111 Bollt4 BpI1lla't. n. Ml3& (2311)"'-8183 CartUl.oat. ot J.uthonnUolI Noa. Ul 38M Ul.- .... Ck: ~ '" C5 Cl :<: >=: '" ~ +0,,00 50,OO'R g I < In <<C5'" I i:d~ l3 (J",t", O;::O::JQ;) oq;Ck:>=:1J) Io..~~~ . 0:<: <0 Q '" ~ 0 '" Ck: '" Q '" . <0 " '" p a " I ~. I O~ ",..: I I I I I I cjf,'J (J'" Ct::0 oq;~ QCk: Q ~ ~ ~ II N...... ~ ~ 0.. ~ es ~ Ct:: oq; 0.. ~~ -<\I :::E ::J0 <no.. ~<O ;::" <n"" L..J<\I V)n: L..Jci c[ oq; Z I (J J:: :::E J:1QJl;;. BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00..34.56" W. LEGAL DESCRIPTION, AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 101 CLIENT: COLLIER COUNTY TR NSPORTATION ,DIVISION E W. HACKNEY. ,S,M, NO. 5606 1" - 100' DATE: MAY 6. 2005 DRAWN BY:->lAt:l PROJECT NO,: 8081 CBR ACAD NO: 9073-50101 FilE NO: 9073 8 8 BY: EXHIBIT A ~ {). of..la IOC . SECT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FIORIDA PARCEL NO. 101 PROPERTY OWNER: MHC-NAPLES ESTATES UMITED PARTNERSHIP REFERENCE: O.R. 2476. PC 2427 AREA OF TAKE: O,S8 ACRES '" ~ .~ N;'" O ~ (3 CIl PERPETUAL. NON-EXCLUSlVE RCW> RIGHT-OF-wAY, ~GE N<<J UTIUlY EA"'NT C'l I- :z :::l- - CIl- i=! cb. ;<(O~ ~-. Vl L.lt,;1- Clo..~ c5"'i~ ~- ~lX:i eJa: :s: ii: '" .., ""---- ~ o ~ 4,88 50.00 R P.O.B. '1 4J I <: ::; ~ t . I eJ '" !'l g, r '" 0> I a.. '" '" i" I @j <: ~ <( I ~~ -~~':il I~>-'!Q(I) ~L..iL..i i:i:l Cl ~ \U<(t<( 11::0::;., ~"'J:::1O 0..0"'0 I L..i Cl '- (I)", ~<( . 0 ~ '" " a.. <0 '" ~ . <0 !'l ". ~ 8 '" I I I ~. I _L..i 00 1'-..", I i:i:lB U(I) 11::~ I <>:0 0..'" a.. I I Q" ~ eJ ~ 11:: ~ 0.. @~ -C'l ~ -'t,; Vlo.. i=!<ci' ~~ f3C'l VlO: L.ld -' 0.. <>: :c: I U :t: :::E MA TCHLlNE EASEMENT SEE SHEET 1 OF J tiQK;, BEARINGS ARE BASED ON tHE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'34'56" W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL lD1 CLIENT: COLLIER COUNTY TR SPORTATlON DIVISI N T.C.E. = tEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY ....~ :::: GNOIJ ..... ::::: ARBER &: ......& ...... ...... UNDAGE,IllC. Professional engineelil, planners. & land surveyora CoUllii' Ccnur.t;r- BaIt. tOO, "40(1 TudQllf Trlil. 1f01'tb$ If_pl_, J'L 14101 (110)&8'1'-1111 r.. Co_\TI lItllO c-DlIt JlaaoI, 1Wt. 1011 BOIIIt.a I'pnap, J'L 141211 (Ull)NI-Hl:II c.rwtoe.t. Dt .latbaJtu,t1oa If... UI 1lIlH u4 D 11IM PlISI (11I__110II o J I ~~:II '" s I ~ I 0 0: ~ I I >- ..J ~~I ~ ~ 'to en V'l '" 0 <( ;.. to IJj t"1 ~ '-' ~ I 8 t'\I :z: 8 ~ I I '" e; + ...... X _~~~ L..i ~ 0 S I 111::i' I I:C:. 11::0 " <>:"" : Q)~ ~ I ).. "0 g 1-0 ~~C g I 18 + '" N " P') ~I ~ '" '" ..,: 4J 0> <: ~ ::; ~ '" <( . III 10 >- ~ ~ ~ '" 0 '" 0 (I) '" ~ ~ I I ~ " ~i'5 31 ~Cj ~""~ ;;;4J ~ I ~~ o I- 11)1== ~~ ~:) ----g : ~ ~ o :1 o ~ BY: G OR E . HACKNE . P.S.M. NO. 56D6 SCALE: 1" = 100' DATE: MAY 6 20D5 DRAWN BY:----"M/. PROJECT NO.: B081-CBR ACAD NO:9D73-SD1D1A FILE NO: 9D73 EXHIBIT A ~ 3 of to\ 101, "" SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE NORTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476, PAGE 2427, PUBLIC RECORDS OF COWER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R,O, W.); THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 1694.88 FEET; THENCE LEA VING SAID RIGHT OF WA Y LINE NORTH 01'08'56" EAST A DISTANCE OF 827,66 FEET; THENCE SOUTH 89'38'51" WEST A DISTANCE OF 8,00 FEET; THENCE NORTH 00'34'56" WEST ALONG A LINE 17,DO FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 867,16 FEET TO AN INTERSECTION WITH THE NORTHERL Y LINE OF THE AFORESAID PARCEL; THENCE NORTH 89'1/'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 17.00 FEET TO AN INTERSECTION WITH THE AFORESAID RIGHT OF WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0,58 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PEfU'ETt.W., NON-exct.USIVE R(W) RIGHT.QF..y, DRAINAGE AHO UTIJ1Y EASEMENT ....!'\ ::::H..GNOIJ .....E :::;; J\RBER & ......E ...... ...... RUNDAGE,IJf(l. Professional engineers, planners, & land surveyors Cow... Co\l.ll.t.r- 8u1te 200, 7400 Temlaml. Trod], Northl Nlpl.., n. 1I4-10a (230)1107-31 11 t.. COUlltr. IlIlIO C000llllt Rod, 8u1te lOll; BODita SpriDp. rr. S4135 (ZlIlI)NII-lIl111ll CerWIoatoo af ...tbor1n.Uo1l Nal. Ul :Mf4 _.. IB t8114- rUl (111I)Mfl-1I101l LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 101 CliENT: COLliER COUNTY TRAN~ORT~ION OIVlSION : BY: AUd 8/22/05 GEORG ~EY, P,S,M. NO. 5606 SCALE: N, T.S. DATE: MAY 6. 2005 DRAWN BY:----"AN PROJECT NO,: 8081 CBR ACAD NO: 9073-SD1 01 A FILE NO: 9073 rHIS LEGAL OESCRtPTION AND SKETCH PREPARED BY: EXHIBIT A Page~l of..lti lOC -, ,'" . SECT/ON 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTIO~AND,~sktTtH'SHEET 1 DESCRIPnON: PARCEL 708' " "" , , " , CLIENT: COLLIER COUNTY TRANSPORJAnON DIVISION PARCEL NO. 708 PROPERTY OWNER: OEAU\1LLE LAKE CLUB REFERENCE: O.R. 1523, PO. 2149 AREA OF TAKE: 1.575 SQ, FT. " "" ~g: :2:1") :::J<.; 80. BJ~ -r-.. ::h o t:ln:: ci o o + N "' I- ~t5 t5~ ",,'" ~l;5 ~r: Ic- o --J U)i=: I I l'<'" :rr ~ --'" 8 "'I + ~ o 3 "' C\j I- Z :::J~ ~ ~~ :<(0' ~-~ f'1, ...<:>1- ao. ~ <S1')'f:!: <:>~ <(oj BJc.: s: a: .0 ~tc j...,~ f'I", 8'" a :z -I <( .. 0 : ll::i' ~~~ I I CXlO:: ~I ~8 ""l :zC ~ :::J 31 8 I ~ gl ~ 31 CHARLEMAGNE BLVD, TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRue i'O:' ~I o ~ ~ 31 .... I T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O,S, = POINT OF BEGINNING R,O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: EASEMENT ....~ ::::H.GNOIJ .....!I:) :::::UARBER & ......13 ...... ...... RUNDAGE:,tIR:. Professional engineen, plannel'l. &: land 8urveyOrs COW... C'''IDt.1; lhUt.!I 100. '1'400 TamJuaJ Tun, Northl N.pl_. n. SUM (1l30}IlIlT-:!I111 1... CII_t.Jl "no c-n1lt Roa4. 8\IIt. IOSI BoIlila 1IprlJlp, rL lUlU (ISlI)048-Ullll c.tUl....t. ., .l..thoriaaUo1l If_ UI lNIM ... .. ....... J'U1 (UlI)M8-lIoa t5 ci c.: +32,80 I 50.00'R 3:: ,. c:i Ii >- --J t5 ~ "".... '" ~'" l;5 ""LJ ~~ '" '" .., '" >-="" '" i=: "UJ '" '" ~r: 0> X .. UJ ""- Or.:! '" 0::", b "'c "- "'", f'I ~"" 0 X 0 UJ Vl LJ '" [j '" iii >- ~ 0:: '" '" o o a .... oj ci c.: CXl :::J ...J t:l1O 1-0 lLJ~ :::J(:i ~o. ll:: . lLJlO 0::C\j lL.I' ~~ at:l o ~ ~ ~ ~ II N".-. o ~ 5 89'04'26" E: 40,01' UJ ~ r: es a.. o 0:: a.. ~ <l:: o '" CXlO) :::J"" d~ C\j lLJ. :.c::<:> <(a. ...J I')' lLJC\j ::]10 s:~ :::J, <(0:: lLJci a LINE: TABLE: J.1tJf: LfJ:J!ill1 BE:ARING L1 75,00' 5 00'27'15" E: L2 21,00' N 89'32'45" E: L3 75,00' N 00'27'15" W L4 21.00' 5 89'32'45" W L4 - .., --J --J PARCEL 70B PROPOSED T.e.E. (1.575 SQ. FT. :J:) L2 ~ PARCEL BOB I PROPOSED DRAINAGE AND UTILITY EASEMENT I OF 2 ;--: GEO GE W. HACKNEY; S.M. NO. 5606 SCALE: 1" = 1 DO' DATE: AUG 31 2005 DRAWN BY:-->ilIl:i PROJECT NO.:8081-CBR ACAD NO: 9073-SD708 FILE NO: 9073 BY: EXHIBJT A page...f-. ~ 10 , ' SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R,O.W.); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHERL Y LINE OF SAID PARCEL A DISTANCE OF 40,01 FEU; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'27'15" EAST A DISTANCE OF 497.28 FEU TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 00'27'15" EAST ALONG A LINE 40,00 FEU EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 75.00 FEU; THENCE NORTH 89'32'45" EAST A DISTANCE OF 21.00 FEU; THENCE NORTH 00'27'15" WEST ALONG A LINE 61.00 FEU EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 75,00 FEU; THENCE SOUTH 89'32'45" WEST A DISTANCE OF 21,00 FEU TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,575 SQUARE FEU OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION' ;\-.., ....~ ::::C\.GNOU .....0 :::::UARBER & ......13 ...... ...... RUNDAGE,lNc. Professional engineers, planners. & land surveyors Collier County: 8u1t. 200, 7400 Tl.!rllmlt Tull. l'I'artb; I'I'lple., n. 34108 (23")51l1~3111 fA. CllWlt1l 81180 COOOllut Roe"', 8uJ.ta IDS: Boll1ta Sprblil, r'L 3410 (2311)1143-111113 CerUtlo&te of j.uthon..eUoD 1'1'08. 1B IBM dul IB Illll' PUl (011)&8&-2208 LEGAL DESCRIPTI()NAND~SkETCH' SHEET 2 OF 2 DESCRIPTION: PARCEL 7Qlf" .,' ", j :',. CLIENT: COLLIER COUNTYTflANSPORr",TJON DIVISION '~V'"'U''' BY: h;,~ h'.~~L . GEORGE W, HAC,KNEY,fv.3,M, NO. 5606 SCALE: N. T,S. DA TE: AUG. 31, 2005 DRAWN BY:---"&l PROJECT NO.: 8081 CBR ACAD NO:9073-SD7D8 FILE NO: 9073 THIS LEGAL DESCRIPTION AND SKErCH PREPARED BY: EXHIBIT A page...LL of w \ lOe - SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. BOB PROPERTY OWNER: DEAUVlLLE LAKE CLUB REFERENCE: O,R, 1523, PO. 2149 AREA OF TAKE: 1..300 SQ. FT, " ~ 2 ~ II N;" ~ ~ (5 V) PERPETUAL. NON-EXCLUSIVE DRAINAGe AND UTIliTY EASEMENT C\j I- ~ :::>- - ~~ :'l:c' t--:.....~ f'1. ....~I- oQ.,~ cS...;g: ~- "'l;cxi e1Q s: iE T.C.E. = TEMPORARY CONSTRUCTION P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ..... .... .... ..... ..... ..... ...... ===::: UNDAGE.uw. Professional engineers, planners. & land surveyors COWao Cowl.t;r- 8u1t. lilOO, 7-600 Tam1am1 TraU, N~ "&pi.., PI. NtH (238)617-3111 Le. COUDt,r- 11110 ~v.t Hod. Butt. 103: BaIllt& BpriD,p, no NtH (ZII)M8-aHa CvWIoate of J.utboriu.Ucm. NOlI. UI "" uuI D :lieN rUI (aaSl)clOCl-lilloa ) CHARLEMAGNE BLVD. ---dl ... ~I I " ~ '" ~I I ~ I +59,56 90.00'R ~ 00 ~I f-- _ _~;<: +99,56 + 0 "0 UJ 90.00'R ~ I : ~2J ~ L-J <( V] "'I I ~l.'j '" <(t ~il I ~~ ~~:, :o~1 VI b~ J4 "::! !'l<o --:-+-i g ~ ~ I I '< v ~ I 31 1 ,., o ~ I ~ 31 o <:5"", Q:::;:: liEd I~~ ~8 :;::- :::>'-' o ,0 '" ~I EASEMENT I '" d '" >- -J ~ V] l.'j '" ;<: ;::: V] ~13 GJ V] <( It> >- ~ ~ v- PARCEL 708 -1 PROPOSED T.C.Eo N 89'32'45' E 5,00' f-- (, W<: o 0 '-Jl..ij......... ci ci ~~G5+l ~ ~ O-tr)1--,: ~~<("- at l.L/ .....oLl..i . ~ ~ ~fil~5i h h Q::~~g !'l !'l "'l; ll.:' to) a 00...0 .. o 0 0- :c:: V) 8:<:'- <( S 89'32'45" W 5.00' P.O.B. b a d .... gJO'l "I- d- C\j ~(:j "'l;Q., -J ...; luC\j ::j.l) s:- :::>. L5~ 00 ;,. ... t5 lli -c:( I- ~ ~~ <( L::i '" gs [;j . V] ~ >-=':"'( r-... ~L.i f\I ~t 8 <(- ~ a~ ..... 0:::, "'a ~<: V]<( x L,j <.i d Q S 8911'52' E 40.01' MHC-NAPLES ESTA TES LIMITED PARTNERSHIP O.R. 2476, PG. 2427 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 808 CLIENT: COLLIER COUNTY TRAt:jSPORTA TION DIVISION BY: P.S.M. NO. 56D6 DATE: AUG. 31. 2005 FILE NO: 9073 EXHIBIT A p. 7, of.JL lac c SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, rLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHWESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R,O,W.); THENCE SOUTH 89'11'52" EAST ALONG THE SOUTHWESTERL Y LINE OF SAID PARCEL A DISTANCE OF 40,01 FEU; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 00'27'15" WEST A DISTANCE OF 505.44 FEU TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'27'15" WEST A DISTANCE OF 260,00 FEU; THENCE NORTH 89'32'45" EAST A DISTANCE OF 5.00 FEU; THENCE SOUTH 00'27'15" EAST A DISTANCE OF 260,00 FEU; THENCE SOUTH 89'32'45" WEST A DISTANCE OF 5,00 FEU TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,300 SQUARE FEU OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT ....M ====BCNOU .....13 II::: ~BER & ......13 ...... ...... RUNDAGE.~c. Professional engineers, planners, & land surveyors Collier County. Butte 200, 7-&00 Tamiam1 TrIJJ, NOI'th: Nlpl.., FL 34108 (U8)1587-:Ul1 Le, COWl.t,r. 118110 Coooaut Road. SuJt.a 108: Bonita &PrIDe', PL :U136 (a311)N8-8lS8S Certittoate of hthorizat1a1l No.. UI 3e&4. --'- ED 3884- ru:: (2311)6eII-2203 ~', LEGAL DESCRIPTION:"ANO \iSKETCHsHEET 2 OF 2 DESCRIPTION: PARCEL fl08 . CLIENT: COLLIER COUNTY TR THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY: W. HACKNEY, S,M, NO, 5606 SCALE: N, T,S, DA TE: AUG 31 7005 DRAWN BY:~ PROJECT NO,:8081-CBR ACAD NO: 9073-SD808 FILE NO: 9073 EXHIBIT A Pagel.- of /.Q I IOC SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, rLORIDA ~ BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'27'15" w, LEGAL DESCRIPTIOf\jAND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL .112 CLIENT: COLLIER COUNTY TRAN ISION PARCEL NO. 112 PROPERTY OWNER: WOODMERE RAQUET CLUB REFERENCE: O,R, 26 PG, 10B AREA OF TAKE: 0,19 ACRES ~ t') f- - 0 0:: Ol 0 Lu - + CXl Z ,,' :g ...j<(~ Lu::;:a. Co:: ~~~ >-U'l- U<(C\j ~ ~ Z 0 o o + "<?- m CYNTHIA LANE C <( o o::~ Z. 0::0 <(. CXl~ ~g Z- :::>'-' o U .... ~~ Zt') :::>. OCl Ua. 0::.0 ~~ jt') o Uct: ci o o + N m I I f- ~Z W wC:;; - --0-1 COW o <tV) + ~~ LOT JJ9 ~ I <( >- ~I<>:f- RIVIERA GOLD ESTA TES I I ~ 2 UNIT ONE N::J PB 12, PG 110-111 ~ /TRACT "G" / / LOT 340 I P,O,C, P.O,B, R.O,W, = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT -OF - WA Y THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ ::::tlGNOLI .....E ::::: ARBER & ......E ...... ...... RUNDAGE,lIfc. PrOfessional engineers, planners, & land surveyors CollJer Cow>ty: suU... 200, "'00 TamJamJ 'h'aU. North; KepI.., P'L 34108 (230)1517-3111 tee COWl.tr. 111110 COCODut Roed, sune 103: BollJU 8prtDp, r'L 34136 (231l)I4a-lltlIlS c.rtJtIoet. ot AuthorlnUlIlI1 No.. ut HIM aDII ED lIll.4- ru: (llll)Oee-I20S PERPETUAL, NON-EXCLUSIVE ROAD RIGHT oOF-WW, DRAINAGE AM) UTIUTY EASEMENT '- WHITAKER ROAD +5,80 50.00 R ~ a a II , N - ~ Gj ...j <( U Vl CXl :::> ...j Uco f-O Lu- :::>0 $?a. 0:: Lu '0' 0::C\j Lu. ::;:ll:! aLl 0 ~ w z a V) <t Q) >- ~ <>: ::J V) '::! "' 8';;: '" ';;: '" ;.., ;" ... '0 s l() ~ c:i 1-... 0 a:: f'l VI o co 0 z '" '" </) ~ PARCEL 712 PROPOSED T,C.E, ;" ~~ t-..~ 1'<0 8'" '" PARCEL 112 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (0,19 ACRES :t) N 89'04'26" W 35,01 +32,80 50,OO'R P.O.B. DEAUVILLE LAKE CLUB O.R. 1523, PG. 2149 'BY:, , EO G VI, HACKNE , P.S,M. NO. 5606 SCALE: 1"- 1 00' DATE: AUG, 31 2005 DRAWN BY:~ PROJECT NO.:8081-CBR ACAD NO: 9073-SD117R FILE NO: 9073 EXHIBIT A P8~ q of ~I 1""'\ '- U":" (} " SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING A T THE SOUTHWESTERL Y CORNER OF THE WOODMERE RACQUET CLUB AS SHOWN IN CONDOMINIUM BOOK 26 PAGE 108 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 00'27'15" WEST ALONG THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD, (100' R.O. W.) A DISTANCE OF 473.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 04'40'43" EAST A DISTANCE OF 475.13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID WOODMERE RACQUET CLUB; THENCE NORTH 89'04'26" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 35.01 FEET TO AN INTERSECTION WITH SAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.19 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PERPETUAL, NON.EXCLUSIVE ROAD RIGHT-OF-wAY, DRAINAGE AWJ UTILITY EAseMENT ....~ :::: GNOlJ ..... ::::: ~RBER & ......(3 ...... ...... RUNDAGE,mc. Professional engineers, planners. & land surveyors CoWer COWl.~ Butt.. 200, .,~o Tamjaml Trill. North: HaplY, 11. 8'108 (2lI11)1IU7-3111 r... Coant,r. tllleO CooaDul Road. suit. 1031 Bonita SpJ'tD<<ll, fL lUl36 (23tl)ua-1I11&1I CvW'loat. of l.uthOrlUUOD NOL ut aeM ..... D II"' rnl (IJI}lIe8-IIDlI /...., LEGAL DESCRIPI10N,ANDSKnCH SHEET 2 OF 2 DESCRIPTION: PARCEC112 . .,. CLIENT: COlLIER COUNTY TR~SP()RTA TlON DIVISION : fA' /. d"/_ A BY: 14'/. //7/. "tE(jR 1r W, HACKNEY, P,g,M. NO. 5606 SCALE: N. T.S, DA TE: AUG, 31. 2005 DRAWN BY:~ PROJECT NO.: BOB1 CBR ACAD NO: 9073 SD112R FILE NO: 9073 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: EXHIBIT A ~}() of I~\ IOC . SECTION 1 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 7t2 PROPERTY OWNER: 1!QOD~ERE RbO,YF CLY8 REFERENCE: c,~, 26, PC, 108 AREA OF TAKE: 404 ~O. FT. ok I<) .... - 0 0:: 0> 0 Lu - + OJ:2:0 ~ r;j<(o.. 0:::< eJ . ~:.::~ >-t.l"<l- t.l<("l :2: n:: ~ 0 o o + .... '" CYNTHIA LANE "<I- ~~ :2:1<) ::>0 80.. ~ori t::io> -r--. ...JI<) cl t.ln:: o o <( o 0::3? :2:0 0::. <(0:: OJ ~g :2:- ::>'-- o t.l o o + N '" I I I- "d~ ....:. - -g-I ~bj + ;;;L5 LOT JJ9 ~ I I ~ ~ RIVIERA GOLD ESTATE~I I",~ UNIT ONE NOJ PB 12, PG 110-111 ~ /TRACT nGn / / LOT 340 I T.C.E. P.O.C. P.O.B. R.O.W. = TEMPORARY CONSTRUCTION = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY EASEMENT !:1WL BEARINGS ARE BAS,ED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS "BEING N 00'27'15" W. ~ o '" >- -J ~ V) '" .... <:> z ;" ;::: V) io~ >< - '" .... r-..~ 1"", 8'" :z TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) L WHITAKER ROAD .... Z ~ '" Ql >- ~ 0:: OJ V) ~ ~ N-- 3 1 ~ t.lQJ U ....0 Lu- ::>0 ~o.. 0:: . LuIO o::"l ~o:j Ot.l o ~ PARCEL 112 PROPOSED ROADWA Y, DRAINAGE AND UTILITY EASEMENT 5 89'04'26" E 7.73' PARCEL 712 PROPOSED T,C.E. (404 SQ, FT. :t) N 04'40'43" W 104,95' 5 00'27'15" E 104.48' +99,65 80,00 R P.0.8. N 04'40'43" W 67.87' 5 89'04'26" E 35,01' P.O.C. DEAUVlLLE LAKE CLUB O.R. 1523, PG. 2149 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ,. . ' LEGAL DESCRIPTION, AND SKEtCH SHEET 1 OF 2 DESCRIPTION: PARCEl712 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION ..... .... .... ..... ..... ..... ...... :::::: RUNDAGE,DfC. Professional engineers. planners, & land surveyors cowv CoWlV' 8u1t.. &00, 74000 T~ 'h'1,U. "gl1.tl.: "apl... n :SUN (&:18)687-3111 .... CIlWlt.r. 1111110 COOODIl\ Ron, 8utte 103; BClll.l.ta SpriDe', rL Ml36 (23i)lMI-lIl1f13 c.rut1oaw of MlthortuUOD. No.. (.B SlIM 1l,D.'" Ii 311114, r"'l (2311)He-2203 . BY:' G 6 EW, HACKNEY, P ,M. NO. 5606 SCALE: 1" - WO' DATE: AUG ' 31, 2005 DRAWN BY:~ PROJECT NO.:8081 CBR ACAD NO:9Q73 SD712 FILE NO: 9073 EXHIBIT A P8~ 11 of lo\ lOr SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, fLORIDA LEGAL OESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP .50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHWESTERLY CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1.523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY SARN ROAD (100' RO. w.); THENCE SOUTH 89'04'26" EAST ALONG THE NOR TH WESTERL Y LINE OF SAID PARCEL A DISTANCE OF 35.01 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 04'40'43" WEST A DISTANCE OF 67.87 FEET TO THE POINT OF BE;:GINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 04'40'43" WEST A DISTANCE OF 104,95 FEET; THENCE SOUTH 89'04'26" EAST A DISTANCE OF 7.73 FEET; THENCE SOUTH 00'27'15" EAST A DISTANCE OF 104.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 404 SQUARE FEET OF LAND MORE OR LE:SS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RE:CORO; ABSTRACT NOT REVlE:WED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION} ''''', ..... .... .... ..... ..... ..... ...... :::::: RUNDAGE.IIIC. Prolesalonal ensween, plaD,[UIn. & lAnd surwyol'8 CuJU_ CoKDt;:rI 1IWw. 100, 76llQ ~ Tr.u. JliOl'UlI J\laplM, n. 1140101 (11I8)6117-1111 LH CIlIIA\1: lIellO ~av.t. .... IIWt. 1011 BOIl,l\& IpI1D&a. IL M1II!IIIl)MD-101l1 CuWllIll.tA1 ot D.Ul.uUa.Uo.II. MOL UI lIeM uuI D 11I84. r&Zl 111)610-2208 NOU <UUlER & LEGAL DESCRIWti6N",A~b.SI<ETCH SHEET 2 OF 2 DESCRIPTION: PARQEL'712 CLIENT: COLLIER COUNJ:(, TRANSPORTA )lON DIVISION BY: THtS LEGAL DESCRIPTION AND SKETCH PREPARED BY: GE Y, P.S.M, NO. 5606 SCALE: N.T,S, DATE: A!)Q 31 2005 DRAWN BY:---->IA!i PROJECT NO.: 8q~1-S:BR ACAD NO: 9073-S0712 FILE NO: 9073 EXHIBIT-L Pa~ I;) of /0 \ IOC .' PERPETUAL. NON-EXCLUSIVE ROAD R/GHT.oF-wAY, DRAINAGE AND UTIUlY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 113A SHEET 1. OF l... ~ ~~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION, PARCEL NO. 113A THE [AST 27 FEET OF THE FOLLOWING DESCRIBED PROPERTY. ~ RIW . RIGHT Of' WAY LS . LAJrC> SURVEYQA LB . LICENSED BUSINESS p.e.. PUT BOQl( PC. . PAGE PSW . PROf'ESSIOHAl.. SURVEYOR' IMPf'EA C.R. . COUNTY AOAO D.R. . OfFICiAl RECORD t t t t t t t t t t I t t t t t I I t t I I t t t t t t I I t t t t I I t t t t I f-- ~'---1 "" t I ~ t , I t ~ t t t t R/W \ \ R/W Um THE NORTH 1/2. OF THE SOUTH 112. Of THE 1ft' 1/4, OF THE 1ft' 1/4, OF SECTION IT, To.HSHlP 50 SOUTH, RANGE 26 EAST. COl.LIEA COUNTY, FLORIDA, LESS AHD EXCEPTING THE 1IEST Ion FEET THEREFOF'. AND LESS AHO [XCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEAEoP. WE$T1'fU>EffTYUIIE ~ i ~ NANCY & DELBERT ACKERMAN FOLIO NUBMER: 0042744007 O,R, 2436, PG. 1913 ~ i ~ _________L~rOl:~__ ------------------------2F------~-~!-~~.~~~!~~~-- PROPOSED R/W fASr 1'fK1PER1'f tMf . WESTERUR/fI UIIC Of' CQ/ln'lBlllllRO/i)fC.R.l66J EJ4 RIW FOIl a ==s~lC.R.l6IJ COUNTY BARN ROAD (C,R, 268) INI ~ OF THE 1M ~ SECTION f7 NE v., OF THE 1M ~ SECTION f7 1 JOEL C.IldiEE. PSM PflJFCSSIOIiN.. SUfNcraR NtD I/N'PER FUJRIDA CERTIFICATC M2, 6fJO ~American "ra Consulting Engineers of Florida, LlC 4111 Lsnd 0' Lsku Blvd. Suite 210 Land 0' Lsks8, Florlds 34639 Phone: (813) 996-2800 Fu; (813) 998.1908 C:srtlflcsts of Authorl;ution No. 7110 DRAWN BY. JCLt CHECKED BY, SP DRAWING DATEI oe-IS-05 SCALE. 1".50' COLL/BR COUNTY DBPARTMBNT 01' 17UNSPORTA'17ON EXHIBIT A ~ to of....w... 10 PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 913 LEGAL DESCRIPTION AND SKETCH SHEET .L OF .L I 251 . ~ L..--- (NOT A SURVEY) SECTION 17, TOWNSlllP 50 SOUTH, RANGE 26 EAST CO;LLIER COUNTY, FLORIDA LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR La . LICENSED BuSINESS P.S. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD O.R. . OFFtCtAL RECORD LEOAL DESCRIPTION. PARCEL NO. ' '1~ THE WEST 10 FEET OF THE EAST 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY, I I I I I I I I I I I I I I I I I I !II I I I ~ I I ~ I I I I ~ I ~ I I I I I I I I I I I I /2' I ~ -.., 2[)' ~ I I I I I I I I I I I \ \ THE NORTH I /2. OF THE SOUTH 1/2. OF THE NW J I"'. OF THE NW I I"'. OF SECTION 17, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, LESS AND EXCEPTING THE WEST 1085 FEET THEREFOF. AND LESS AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEAEOF. WE.ST PROPERTY UNE NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PO. 1913 !II ~ ! i PROPOSED R/W 10' \.EAST ~~RTY UNE . - T WESTERlY R/W UN! OF Ex. RIW FOR COJNTY BNlJt ROAD tCJt 2li81 COUNTY BMN ROAD feR. 2681 a nr/aTH VARlESI Ex. R/W Uno COUNlY BARN ROAD (C.R. 268) IIW ~ OF THE IIW ~ SECTION /7 NE ~ OF THE IIW ~ SECTION f7 R/W Um r;.iL;~n~lt~~~~~.~rs of Florida, llC 4111 Land 0' Lakes Blvd. SuIte 210 Land 0' Lakes, Florida 34639 Phone; (813) 996~2800 Fax: (813) 998.1908 CertifIcate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 COLLIER COlJNTY DEPA.RTMBNT OF TRANSPoRTA.770N - R/W Uno DRAWN BV. JCt.! CHECKED BV, SP DRAWING DATE. 08-t8-05 SCALE. 1".50' EXHIBIT A Page-1LOf 10\ IOC . PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTIlITY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 813 LEGAL DESCRIPTION AND SKETCH DRAINAGEIUTILITY EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .LOF .L I 25' I !i!!l~ LEGAL DESCRIPTION - PARCEL NO. 813 LECEND, RIW . RIGHT OF' WAY LS . LAND SURVEYOR LB . LICEMSED BuStNESS P.S. . PLAT BOOK PG. . PAGE PSII . PROFESS I ONAI. SURVEYOR a MAPPER C.A. . COUNTY ROAD O.R. . OFFICIAL RECORD THE WEST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRI8ED PROPERTY. I I I I I I I , , , I I I I I 1 I , I ill , I ~ I , ~ I I I , I ~ I I 1 , , 1 I I I I I I 12' I f-- -->j , 1 ~ I I 1-< I :~ I I I :~ , IU I R/W no \ \ THE NORTH tl2, OF THE SOUTH 112, OF THE NW 1/4, OF THE NW 1/4, OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPTING THE WEST t085 FEET THEREFOF, AND LESS AND EXCEPTING THE EAST SO FEET AND THE SOUTH 20 FEET THEREOF. WEST PROPERTY UHf NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O,R. 2436, PG. 1913 ill ~ i s /J'DRNNN;E /0110 lIT/LfTY EASEl/ENT _LCONSTRlJCTION ~"~ _ _ _ _ _ ---- \EAST ~ffTY UNE . WESTERlY R/W UHf OF CaJIfTY SARlI ROAD tC.R. 2681 R/W U,.,. COUNlY BARN ROAD (C.R. 268) 1M ~ OF THE 1M ~ OF SECTION 17 NE ~ OF THE 1M ~ OF SECTION 17 R/W Une-- r;~;~n~lt~~~~~e~rs of Florida, LLC 4111 Land 0' Lakes Blvd. Sufte 210 Land O' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-190B Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 COLLIER Cf}CJN7'Y DEPARTMENT OF 17lANSPORTA770N DRAWN BY. JCIA CHECKED BY, SP DRAWING DATE. 08-t8-DS SCALE. I ",SO' EXHIBIT A ...- Pa~ 10 of LQ\ PERPETUAL. NON-EXCLUSIVF. ROAD RIGHT.()F-WI,Y, ORAINN AND UTIUTY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 1138 lOC . SHEET .LOF .L I 25' I ~~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND_ RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.S. . PLAT BOOK PC. . PAGE PSU . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD , r r r I r r I 12' I ! -->j i-- I I ~ I I " r i ~ TEIlPORARf CON5rRUCTION EASEIIE~ ~ 1 r r ~ ''" Ii! r!i 1 f;! r~ r ~ I~ r...l I~ I :~ : ~ r~ r !:S : I u I I r I r r 40' PROPOSED R/WI I I I I I I COLLI En COUNTY O.R. 3195. PC. 309~ R/W Uno I \EAST PflDPERTY UNE . WESTERLY RIW UNE OF caJliTY BARN ROAD feR. 268J e Rill FOR (DJI/TY BNIN ROAD feR. 268J (WIUT'H VARlESI LEGAl DESCRIPTION. PARCEL NO. 113B THE IlEST 40 FEET OF THE EAST 90 FEET OF THE FOlLOWING DESCRIBED PROPERTY, THE SOUTH 20 FEET OF THE NORTH 112. OF THE SOUTH 112. OF THE NW 1/<4, OF THE NW 1/<4. OF SECTION 17. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COlLIER COUNTY. FLORIDA. NANCY 8 DELBERT ACKERUAN O.R. 2~36. PG. 1913 ---L CONSTRUCTfON EASEI/ENT - ------ -------~~-~;~~~~~~~~~--- "'--- PROPOSED RIW LINE R/W Uno tNI ~ OF THE IN! ~ OF SECT'JON n NE ~ OF THE IN! ~ OF SECTIOIt n COUN1Y BARN ROAD (C.R. 268) f'i....~American ""a Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996~1908 Certificate of Authorizatfon No. 7110 Joel C. McGee, P.S.M. No. 6430 COLLIER COUNTY DEPARTMENT OF TRA.NSPORTA770N DRAWN BV, JCM CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. 1".50' EXHIBIT-Ll ~ 1{P of WI lOC TE~ CONSTRUCTION WlEMENT (DURATION: :I VW~ FROM OOMMENCEMENT ~ OONSTRUCTlON) PROJECT NO. 60101 PROJECT PARCEL NO. 7138 LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET 1. OF 1. I 25' I lIi!l~ LECENDI RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LtCENSED BUSINESS P.B. . PLAT BOOK PC. . PAGE PSY . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD a.R. . OFFICIAL RECORD LEGAL DESCRIPTION. PARCEL NO. 7138 TNE WEST 90 FEET OF THE EAST 180 FEET OF THE FOlLOWING DESCRIBED PROPERTY. COLLIER COUNTy D.R. 3795. pc. 3094 , I I I I I I lo- I I I I THE SOUTH 20 FEET OF THE NORTH J 12. OF THE SOUTH 112. OF THE NW 1/4, OF THE NW 11'4. OF SECTION 17, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COlLIER COUNTY. FLORtDA. NANCY 8 DELBERT ACKERMAN D.R. 2436. pc. 1913 ~CONSTRUCrlOlt EASEI/ENT _-L-.______ RIW Um I I I I , \.EAST I'ROPERrY UNE' \ rtESTERU R/W UNf OF C!JJNTY 8NIN RONJ tcR. 268J -------~-------------------- "-- PROPOSEo ORA'NNiE. UTILITY EASEI/ENT PROPOSED R/W LINe RIW Une ~ R/W FOR COONTY BNUI RON) fCJf. 2681 (WIUf'H VNflESl 1tW~ OFTHEINI~ OFSE:CTlOIIn HE ~ OF THE NW ~ OF SECTION n COUNTY BARN ROAD (C,R, 268) r;~'~2:1~~~~~e~rs of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996~1Q08 Certificate of AuthorIzation No. 7110 Joe/ C. McGe6, P.S.M. No. 6430 COLLIER COUNTY DEPARTMENT Of' TRA.NSPORTA770N DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. 1".50' EXHIBIT fJ Page..lL of.....LU IOC PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-oF-wAY, DRAINAGE AMJ UTIUTY EASEMENT . PROJECT NO. 60101 PROJECT PARCEL NO. 1 [4A LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEU 1. OF 1. ~ li!l~ LEGEND. RIW . AIGHT OF WAY LS . LAhO SURVEYOR LB . LICENSED BUSINESS P.8. . PLAT BOOIt PG. . PAGE PSW . PROFESS I CHAL SURY[TOR a UAPPER C.R. . COUNTY ROAD D.R. . OFFICIAL RECORD LEGAL [)[SCRIPTlON . PARCEL NO. II." THE UST OF' 21 FEET OF THE FOlLOWING DESCRIBED PROPERTY. THE lEST 311.$ FEET OF THE EAST 367.$ FEET OF THE SOUTH 112 OF THE SOUTH I 12 OF THE SW II. OF' THE S. I (. Of' SEClION 8. TO.sHIP '!riD SOUTH. RANO[ 26 EAST, COLLIER COUNTY, FLORID.... lESS'" IS FOOT ROAD [ASEliIENT AUIHC THE SOUTH EDCE THEREOf. I I [ I I [~ --r I _I ~ I I I I I I I I I I [ ( I \ I I I I I [ I I I I I [ I I I I I I I ! i[~ [ ~ I [ ~ I ~ : [15 IIIil I I I I I I I I I II i k: ~__ I I I [ I WEST PROPEffTY UHf !l! " ~ FAITIIAPOSTOUC CHURCH, INC, ~ go FOUO NUMBER: 00406280000 OK 2867, PG. 1415 ~ RIW Une LCONSTRUCTION EASEl/ENT ------- ---- - - - - - - - - -'-=P~~D 'ORA;;;~7 ;ru-;;- ;,M;E;'; RIW Une e Ex.RIW FOR coo BARN RONJ (C.It 268J (WIDTH VMIESJ sw ~ OF THE: SW ~ SECT'ION 8 Sf ~ OF THE SW ~ SfCT'1ON 8 COUNTY BARN ROAD (C,R, 268) RIW line -, .aL C.llt:GEf.PSII PROFfSSKJNN.. SlJIWEYOR AND IIJPPfR F/.JJRJ{)A CERrIFICATE Na. S4JO ~~"~,~;~~~O~" of Flocldo, LLe 4111 LInd 0' LIkes Blvd. SlJltl 210 Land 0' Lakes, Florida 34639 Phonl: (813) 998-2800 Fax: (813) 998-1908 Certificate of AlJthor/zetlon No. 7110 COLLJBR COUNTY DBPARTHBNT Of' 17lANSPORTA 'I7ON DRAWN BY. Jet.! CHECKED BY. SP DRAWING DATE_ 08-18~OS SCALE_ 1"060' ~..~ 0 ~ C \"< ,,< ~,. ....". . EXHIBIT A Page..JL of-w- TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. GOIOt PROJECT PARCEL NO. 714A SHccT .LOF .L . 30' , LEGAL DESCRIPTION AND SKETCH ~ ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND_ RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSt NESS P.B. . PLAT BOOK PC. . PAGE PSU . PROFESSIONAL SURVEYOR a MAPPER c. R. . COUNTY ROAD D.R. . OF_tCI... RECORD I I I L.j I -I- I I I I I I I --I : I I --.! : I il! rt::ItlJ ::::i I ~~I ,. I bbl ~.. ,i:li:ll I I I I ~ I 'I~ I I I I I ~! l@ i ~ : I -I-l I I I I , , I I I I I I I WEST PlCJPfRlY ultE LEGAL DESCRIPTION - PARCEL NO. 7J~ THE WEST 10 FEET OF THE EAST SO FEET OF THE FOLLOWING DESCRIBED PROPERTY, THE lEST 317.5 FEET OF THE EAST 3&7.5 FEET OF THE SOUTH 112 OF' THE SOUTH 112 OF' THE SW I/~ OF' THE sw I/~ OF' SECTION 8. TOWNSHIP 50 SOUTH, RANGE 2& EAST. COLLIER COUNTY, FLORIDA. LESS A 15 FOOT ROAD EASEUENT ALONG THE SOUTH EDGE THEREOF. FAITH APOSTOLIC CHURCH, INC, FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 il! " ~ ~ i 10' CONSTRUCrION EASEUENT- I , - - ~;AST PRtJ!'ERIY UNE . RIW FOR ~s:fr~/J:lg2MJ COIJIfTY BNW RONJ fC.R. Z6IJJ rttlUfH VNlJESJ 13' DRAINAGE, UTILITY EASEUEN1\ \ ~ \ -,. \ 11 I R/W Line '~~n~'t~~~~~.~rs of Florida, LLe 4111 Land 0' Lakes B/vd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 sw ~ OF THE SW ~ SECTION 8 SE ~ OF THE SW ~ SECTION 8 COUNTY BARN ROAD (C.R. 268) DRAWN BY. JCll COLLIER COUNTY DEPA.RTMENT OF '17lA.NSPORTA.770N CHECKED BY. SP DRAWING DATE. 08-t8-0S SCALE. t -.GO' IOC EXHIBIT A page-LfL of f.p I PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT PROJECT NO. 6010t PROJECT PARCEL NO. BI4 LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET LOF L , 30' , li!!l L.----- LEGEND_ RIW . RIGHT OF WAY LS . LAND SURVEYOR La . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE P5u . PROFESSIONAL SURVEYOR B MAPPER C.R. . COUNTY ROAD O.H. . OFFlCt... HECORO I I I ~ I r- I I I I I I I _I " - I I I ---! : , !l! ]t::fQI :j ,i!!i!!' 1- I~I:lI ~'" I",illl I I : : Ii I I I I I I~ ! l~ i ~ : I -!-.l I I I I I I I I I I I I I Wfsr PROPERTY UNf LEGAL DESCRIPTION' PARCEL NO. 81~ THE WEST 13 FEET OF THE EAST '10 FEET OF THE FOlLowING DESCRIBED PROPERTY, THE lEST 317.5 FEET OF THE EAST 367.S FEET OF THE SOUTH 112 OF THE SOUTH 1/2 OF THE SW 11'1 OF THE SW 1/4 OF SECTION 8. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA, LESS" I! FOOT ROAD EASEMENT ALONG THE SOUTH EDGE THEREOF . FAITH APOSTOLIC CHURCH, INC. FOLIO NUMBER: 00406280000 O.R. 2867, PG, 1415 !l! " ~ ~ i /J. DRNNIGE & 1fTIUTY EASEIIEI{T I LCONSTRUCTION EASEI/ENT I " -L-_ " _____ , , Ex.RIW FOR COOIfTl' BARN ROAD (CA 2SBJ (fI'Uf'H VNtJESJ \..~ PROPERTY UN! .. WESTERU RIW UN! OF COONTr BARN ROAD (CJt 2681 R/W Uno sw \r. OF THE SW \r. OF SECTION 8 R/W JJf1t. SE \r. OF THE SW \r. OF SECTION 8 '~~~,t~~~~~e~rs of Florida, LLC 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorlzetlon No. 7110 Joel C. McGes, P.$.M. No. 6430 COLLIER COUNTY DBPARTNBNT (]I' 77UNSPORTA.770N COUNTY BARN ROAD (C,R. 268) DRAWN BY, JClA CHECKED BY. SP DRAWING DATE' 08-18-05 SCALE. t ".60' IOC EXHIBIT A Page~of eol PERPETUAl, NON-exCLUSIVE ROAD RIGHToOF-w.\Y, ORA/NAGf AND unUTY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. I 148 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF .L ~ li!l~ LEOiND. RIW . AIOftT OF .",. LS . LAtlO SURVEYOR LB . LICENSED BUSINESS P.I. . PLAT BOOK PG. . PAC[ PSM . PROFESSIONAl. SURVEYOR I MAPPER C.R. . COUNTY ROAD D.R. . OFFICIAL RECORD :>< '" ~ ~ Q WlRTIH ROPPOlO D.R. '!IT. PG. 791 Ill! I~ II:: I~ :~ I~ II: :~ I ) r I I I , I I I I I I:: I~ I~ I: ~ lEGAl. DESCRIPTION. PARCEL NO. 11.411 lI! ~ THE lEST SO FEET OF THE EAST 100 FEET Of THE SOUTH IS FEET 01' THE FCl.LO_JNG OESCRIBED PROPERTY, THE '/lEST 31 T., FEET OF THE EAST ]67.$ FEET OF' THE SOUTH 112 OF' THE SOUTH I 12 OF THE S. 1/4 OF THE S. '/4 OF SECTION eo TOWffSHIP so SOUTH. RANGE 26 EAST, COl.L1tA COUNTY, FLORIDA. SO' PROPOSED R/W I I I I I I I I I I : I -j-l I I ~ FAITH APOSTOLIC CHURCH, INC. D.R. 21&7, PG. .<t'$ -en", 5/J' ROAD/rAT, ORAIN"", & UTILITY EASEl/ENT .,--CONSTRUCTION EASEI/ENT ---L.- _ __ ..,-PROPOSED DRAINAGE, UTILITY EASEIIENT ~-------------------- PROPOSED R/W LINE RIW LIne - R7w LIne e Ex. RIW FOR COONTY BARN ROAD {C.R. 268J {WIDTH VMIESI EAST PROPERTY LINE .. WESTERLY RIW LINE OF COONTY BARN ROAD (C.R. 2681 COUNlY BARN ROAD (C,R. 268) OF THE SW V. OF THE SW V. SECTION 8 SECTION 8 RIW LIne JOEL C.M:GEE. PSII ~~S'SIOIIN. stIIiVErQ'f NIO MIi"f'CR FWRtDA CERr'ICAT~ _ 6fJl() ~~n~It~~~~~.~" of Flo,"', LLC 4111 Lllnd 0' Lllke, Blvd. Suite 210 Land 0' Laku. FlorIda 34839 Phon,: (813) 996.2600 FIX: (613) 11116.1906 Cflftlflcllfe of Authorization Nc. 7110 COLlJBR C(J(JNT'y DBP.urt'MENT 01' 77lANSPORTA 170N DRAWN BY. JCU CHECKED BYI SP DRAWING DATE. Oe-18~05 SCALE. 1".40' EXHIBIT-.tL P8~ () I . ot:::i: '11r H .' ' .-~~ ~..' TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. 714 B SHEET 1-0F 1- , 20' , LEGAL DESCRIPTION AND SKETCH ~ L--- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA .....TtH ROPPOlO' O.R. 65T. PG. T9T 1 1 I I I '~ I... :~ 115 I~ ) '" r '" 1 ... 1 ~ I , I 52' CONSTRUCTION EASEM~Nr. I I 1 I I 1 I 1,1 I 1 I LEGAL DESCRIPTION - PARCEL NO. 7t4 B THE WEST 52 FEET OF SOUTH 15 FEET OF THE SW t /4 OF SECTtON 8. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. EAST 152 FEET OF THE SW I /4 OF THE LEGEND_ RIW . RIGHT OF' WAY LS . LANO SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSW . PROFESSIONAL SURVEYOR 8 UlPPER C.R. . COUNTY ROAD D.R. . OFFtCtAe RECORO LTlNG SO' ROAONAY, ORAINN;E, & UTILITY EASEMENT !~ 1>- ~~ _L ~ RIW FOR COONTY BARN ROAD (C.R, 2681 IWIDTH VARIES) ~ ., ~ ~ ... ... u u ~ ~ COUNTY BARN ROAD (C.R,268) R/W Llna - r;.i~n~t~~~~~e~rs of Ftorida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land O' Lakes, Florida 34639 Phona: (813) 996-2800 Fax: (813) 996-1908 Certlflaate of AuthorIzation No. 7110 Joel C. McGee, P.S.M. No. 6430 ~ ... I ~ : 15 : ~ 1 I", Iii ~ FAITH APOSTOLIC CHURCH. INC. O.R. 2867.PG. 1411'S ~CONSTRUCT/ON EASEMENT ~PROPOSED ORAINN;E, UTILITY EASEMENT L____________________ ~PROPOSED RIW LINE - R7w Uno EAST PROPERTY LINE & WESTERLY RIW LINE OF COONTY BARN ROAD (CR, 268) SW14 SE 14 OF THE SW 14 OF THE SW 14 SECTION 8 SECTION 8 COUJBR COUNTY DEPARTMENT OF TIUNSPORTA,770N DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. 1"040' EXHIBIT A PaQe_ cX>~ of (~I 1 Q,C .J. TEM"'ORNW DRIVEWAY R!;,SroMIDI EASEMENT (DU ~I\TIOIlI YEARS FROM COMMEI'fuE~01 CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. 714 C SHEET LOF L , 20' , LEGAL DESCRIPTION AND SKETCH ~ L--- TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSillP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA WEST PROPERTY LINE LXISTlNG SO' ROAlJ((AY. ORAINAIlE & UTILITY EASEMENT I ' r I r 0,.. r r ~~ : I t; I : i:l r I r r r r I r r I r I r r ~I I ~ r r /:: r r '" I r ~ I ) Ii! r ( '" r I ~ I : ~: , I r r I : I ~ I r r I r lEGAL DESCRIPTION - PARCEL NO. 714 C ~ ~ THE WEST 52 FEET OF EAST t52 FEET OF THE NORTH 15 FEET OF THE NW t /4 OF THE NW I /4 OF SECTION t7, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COlliER COUNTY. FLORIDA. /:: (5 ~ MARTIN ROPPOLO FOLIO NUMBER: 00427320004 O.R. 657, PO. 797 52' TEMPORARY DRNEWAY RESTORATION EASEMENT i!: ~ LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LO . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAOE PSY . PROFESSIONAl. SURVEYOR a MAPPER C.R. . COUNTY ROAD O.R. . OFF ICtAL RECORO s R/W FOR COtlNTY BARN ROAD fC,R, 268J (WIDTH VARIES) \EAST PROPERTY LINE & WESTERLY R/W LINE OF COtlNTY BARN ROAD fCR. i~ I..:> r>< I(@ :~ 16' I ---J I R/W LIne -,- 268) COUNTY BARN ROAD (C.R, 268) r;~, ~n~I~~~~~e~rs of Florida. LLC 4111 Land 0' Lakes Blvd. Suita 210 Land 0' Lakes, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorizatfon No. 7110 Joel C. McGee, P. S.M. No. 6430 NW Y., OF THE NW Y., SECT/ON /7 NE Y., OF THE NW Y., SECT/ON /7 COLLIER COUNTY DEPARTMENT OF' TIUNSPORTA770N DRAWN BY. JCII CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. t ".40' EXHlelTL Page~of {o/ IOC . . FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHfET La' L ~ !ill L---'"" PROJECT NO. 60tOl PROJECT PARCEL NO. 115 SECTIOIt 7 SEcrOlt B WEST PROPERTY UN! LEGAl. DESCRIPTION. P NO. liS LEGE.." RIW . RIClHT OF WAf LS . LAND SURVEYOR LB . LICENSED BUSINUS P.8. . Pl.AT BOOIt PG. . PAGE PSM . PROFE5SI~ SURVEYOR' IlMPPER C.R. . CClUNTY ROAD D.R. . OFFICiAl RECORD THE IlEST SO FEET or T E EAST 100 FEET OF' THE NORTH 1/2 a: THE SOUT 112 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 8. TOINSHIP 50 SOUTH. RANCE 26 EAST, COlliE COUNTY. FLORIO.... BARBARA F JONES TRUST FOLIO NUMBER: 00404200008 OK 2450, PG. 893 II II II I I ~ I I ~" , , " " r II II II II II I I ,,, 'I' II' I" I" III III III II' II I II II II " I I " II II II II II II " ,++ I I I'I :1 I ~ ~ ~ ~ ---.........---- ~~~DR~_LlNE ~ ______RI!'_Ufllt Ex. R/W FOR b ." RON) (CR.2lS81 Q fWlOT'H VARIES) fAST PROffRTY LINE . WESTERLY Ex. R/'II LINE OF CWNTY 8MN ROAD fC.R. 2681 SW ~ a: TNt. SIll % SECTIJII B SE~ OFTtfE.SIII~ SECTtOIIB COUNTY BARN ROAD (C,R,268) R/'iI U;'- RI'II Uf)(J .aL C.McGEE. PSII PROFESSOIN. SURVEYOR NKJ IIIPPER FUJRIDA. CERTIFICATE No. 64JTJ fij American .'a Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land O' Lakas, Florida 3483G PhOne: (813) 99(1'-2800 Fax: (813) 996-1908 Certificate of Authori~stion No. 7110 crJLLRlR COUNTY DBPAR7'MI1N'r OF ~ATION DRAWN BV, Jew CHECKED BY. SP DRAWING DATE. 01~13-06 SCALE_ 1".100' EXHIBIT /J Page~of (0\ IOC SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FlORIDA PARCEL NO, 7t8A AND 718B PROPERTY OWNER: WOOOMERE RAQUET CLUB REFERENCE: O,R, 2820, PG, 469 AREA OF TAKE: 1,140 SQ, FT, '" TOTAL a <>: a ~ ~ 0:: 0 ' ~o:: t:lCL <0 ~~,.: >-UI") -C\j 0::0)C\j 0:: <>: ' :r: ~ o o~ <:'<t <>:C\j <: t:l~ SCL ~ oi' LJ'<t UlC) -C\j I?=, <>:0:: CLo C\j '<t LJ'<t -.1- -.I LLi~ 12CL ""5. (f)l(j LJ8 :::EC\j ~. 0:: o <0 -.It':: 0::~C\j !3Eg~ O<>:CL ~t:llfi' :>::LJ'<t <>:~I") :::E<:C\j 80: o o o + <Xl ,... o o + ,... ,... o o + '" ,... o o + 10 ,... 8 + .... ~ 8 + '" ,... o o + N ,... P.O.C. = POINT OF COMMENCMENT P,O,B, = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED By: ....!f\ ::::H.GNOLI .....!:) :::::UARBER &: ......13 ...... ...... RUNDAGE,IlfC, Professional engineers, planners, & land surveyors cow... CouaVlllUtt.. 100, 7400 T&IIIliQIJ Trall, NarUl; Napl.., rt. 34IH (Z311)1l.7-aUl r... COalltr: "" eooo.at lIoa4, IIU1te 1031 BoIlJ.ta Spl"'lnv. r'L 14U1li!Z1I8)Me-1I111a c.rutloat.e ot Authori_uoa "_ L8 38M ua4. 18 1t84 "01 11I_-U03 o (3 o::~ <:. 0::0 .q;o: 0). ~8 <:- 5'"' U ~ i-.a .....0> "'6 "" 0", o <: 3:! ci '" >- --J ~ V) ~ '" '-' '" '" a ~ V) x Q'i UJ >- ~ <l: :::> V) ~ 2 II . N- O ~ ~Q::()) ~LLi()) t::i:::i~ CL-.I~ OOCL O::U CL _" . 0""'8 <:~C\j .q;....,- -.1-..1 ~4.0: 5:00 TEMPORARY CONSTRUCTION EASEMENT F OM MENCEMENT OF CONSTRUCTION) +8,21 50,00 R <>:LJ+t <Xl' (j -~t-: ""',,- 3; ,...,6lc; :r: LLiVjV) U()) UOo 0::0.. 0::<0 .q;0..... ~'<t L8 CL8:3 '-- (,)~ <:CL 0\ .q; -' I=:c:i' (f)C\j UO -<Xl '" ~C\j '" P.D.B. u. :J 0:: t PARCeL 718A ~o 1E ~ 0 ~ <l: 0.. >- --J PARCEL 718B eJ 3 PROPOSCO T, CE iE ... (100 SO, FT, :1:) :::> -' 0 L5 V) P.D,B, PARCeL 718B "- -' +32,21 50,00 R <0 -' +2l.19 50,OO'R +1l.19 50,OO'R ::; P.D.C. ~ <: :;:) o U t;] ::; -.I o U LJtIf LI L2 LJ L4 L5 L6 L7 L8 L9 L10 LINE TABLE illilillJ. 29,88' 10,00' 10,00' 10.00' 10,00' 111.02' 52,01' 20,00' 52,01' 20,00' BEARING N 00'42'47" W N 00'42'47" W S 89'42'47" E S 00'42'47" E N 89'42'47" W N 00'42'47" W N 00'42'47" W S 89'42'47" E S 00'42'47" E N 89'42'47" W ~ BeARINGS ARe BASCO ON THe SURVE:Y BASeLINe OF COUNTY BARN ROAD AS ~B,~/i'I(; N 00'27'15" W, , LEGAL DESCRIPTIONAt:-JQS:i5ElcH SHEET 1 OF 2 DESCRIPTION: PARCELS_<718A',i!.IlI,Ct:7.ja8", ,. ".'~ . . ....I'c. . .~ " .. CLIENT: COLLtE,R,:CO.UN1)" ;T!'~ANSPORTATION DIVISION ""'8y: E W, HACKN ,P,S,M, NO, 5606 SCALE: 1" - 80' DATE: AUG 23, 2005 DRAWN BY:-->1!lM PROJEtT NO,: 8081-CBR ACAD NO: 9073-sD718 FILE NO: 9073 EXHIBIT A ./ Page'&" of 10\ lOC TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM C MMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "A ") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOU TH WESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. W.); THENCE NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150,90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 52.01 FEET; THENCE LEA VlNG SAID EASTERL Y RIGHT OF WA Y LINE SOUTH 89'42'47" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'42'47" EAST ALONG A LINE 20.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 52.01 FEET; THENCE NORTH 89'42'47" WEST A OISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,040 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA AND LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "B") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R.O. W.); THENCE NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 29.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 10.00 FEET; THENCE LEA VlNG SAID EASTERLY RIGHT OF WAY LINE SOUTH 89'42'47" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'42'47" EAST ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 10.00 FEET; THENCE NORTH 89'42'47" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 100 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIO" ..... .... .... ..... ..... ..... ...... :;:;;; UNDAGE,IIfC. PrOfell'sional ena:1nee1'8. plan:ta.era. &: land lurftlyon eom.. CouIlt;r- !ta.it.. 100. 74.00 TIUIliamI. 'I'N.II. "0I'tIl; Napl_. n. MIIl8 (21111)ISDT-II11 1M c._t.,FI tnlI CoMaat Jtoaol. ltalq, 1011 1aIIIt........... no Mill (1I')lUI-MlI1 c.rura-*- of ~uo. If_ UI .... ... D .... Pul (III)III-aoa LEGAL, DESCRI~TION AND SKETCH SHEET 2 OF 2 DESCRIPlioN: PARCELS 71,8A AN . 718B' , , . ., .- " I,. , CLIENT: COLLIER COUNTY' RANSPO TA ON DIVISION , . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY: GEO GEW., HACKNEY ,P.S.M. NO, 5606 SCALE: N. T.S. OA TE: AUG 73 2005 DRAwN BY:----"Al:I. PROJECT NO.: 8081 CBR ACAD NO: 9073-S071 B FILE NO: 9073 EXHIBIT A PagedlLot (pI IOC It PERPETUAl, NON-EXClUSIVE ROAD RIGHT-oFoW6,Y, DRAINAGE AND UTIUTYEASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 119A-1 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF .L ~ .~ _pw u,. ----L-----__l____________----1__~'!.'! !:l 1Nf ~ <<tl'aSW ~ afStJctl0ll8 EX. RIW FOR HE ~ rf,,. SW 'l'. (f SCton 8 COONTY BARN RONJ (CR. 268' (WIDTH VNlIESJ COUNTY BARN ROAD (C,R268) fiiWti(;i - ---,---------- L_~ EXISTING DRNNIGE. f/TfUTY EASEMENT ---;;;;w 7ine LEGAL DESCRIPTION' PARCEL NO. 119"-1 THE EAST 50 FEET OF THE WEST 100 FEET OF THE fOlLOWING DESCRIBED PROPERTY, THE SOUTH In. OF THE SOUTH In OF THE HE 1/4 F THE SW J 14 SECT/ON B. TORNSHIP 50 SOUTH, RANG 26 EAST, COLLIER COUNTY, FLORIDA. HIGHLAND PROPERTY OF LEE & COLLIER FOLIO NUMBER: 00403160000 O,R. 1200, PG. 199 ill " ~ ~ ill " ~ ~ i LEGEICh R,. . RIGHT OF .AY LS . LAND SURVt'rOR LB . LICENSED BUSINESS P.8. . PLAT 8001t PO. . PAGE PSW . PROfESSIONAL SURVEYOR IIMPPER C.R. . COUNTY ROAD O.A. . Of'FICIAL RECORD ? ? ~American 'ra Consulting Engineers of Florida, LLC 4111 Lend 0' Lake. Blvd. SUlt8 210 L.nd 0' L.kes. Plorlda 34539 Phone: (813) 996-2800 Fax: (813) 995-1908 Cartlflcst. of Authorization No. 1110 JOEL C.McGEE. PSI/ PROFESSXJNA/.. SUFNCYOR NiD I/N'PER FWRIDA CERTIFICATE No. 6fJO DRAWN BY. JeW COUJBR COUNTY DBPARTMBNT 01' 77U.NSPQItT.d.7J0N CHECKED BY. SP DRAWINQ DATE. 08-18-05 SCALE. J".IOO' EXHIBIT A ~A '1 of-1il PERPETUAl, NON-EXCLUSIVE ROAD RIGHT-oFoW6,Y. DRAINAG AND unuTY EASEMENT 1 R'\\ U w. PROJECT NO. 60101 PROJECT PARCEL NO. '19A-2 SHEET L OF .L ~ .~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 'i./W u,. -------L--------______--1-_____--.!!!:!.!!!!8 R/W FOR COONTY BARN ROAD fCR.2M' (WrurH VMIESJ 1NI~ ~'IrJSW ~ rf5<<://onB HEy.. aftfeSWy.. af5<<;tl0ll8 WEST PROPERTY LINE .. EASTERlY RIW LINE: OF COONTY BARf( ROAD fe.R. 2681 COUNTY BARN ROAD (C,R268) ~- EXISTING DRNHKiE,............... --~~!~~~~---~-- LEGAL DESCRIPTION - PARCEL . 1194-2 THE EAST SO FEET 0; THE lIE T 100 FEET f)I! THE NORTH I rz OF THE SW 1/4 OF THE HE I 14 OF THE: S. 1/4 Of' SECTIOM a. TOWNSHIP so SOOTH, RANGE 26 EAST, CCl.LIER CWNTY, FlOR 01.. LESS THE NORTH ]0 FEET THEREOf'. ~ 0", Uo '<j8 o WN", W"'.,. ....:!~oo .. 0 . 000 ..p., >< ~ - i;;!W~ W ~ ~ ~ ~OO ~~ ~ tI! Ii " ~ ~ ~ EAST P. RTf UN LEGEMh A... . RIGHT Of' WAT LS . LAJrlO SUAVUOR LB . LICENSED BUSINESS P.U. . Pl.'" 800It PD. . PAGE PSIoI . PAOf'ESSIONAL SURVEYOR' aMPPEA C. A. . COUNTY ROAD O.R. . Of'FICIAl. RfCOAO Ii " ~ ~ i , , , --, , , , , , , 'I;l' ':<' ..0' "" ""' 0, u, , , , I , , , , , , , , -------;r-I'riune JOEL C.McGEE. PSI/ PROFESS/ONN.. SURfEYQR IWD MAPPER FLORIDA. CEffT'IFICATE No. 6fJO ~~~,~~~~~.~" of F1oc'd., LLe 4111 Land 0' Lakas Slvd. Suite 210 Land 0' Laka., FlorIda 341139 Phone: (813) 998_2800 Fu: (813) 996.1908 Car/lfleats of Author/utlon No. 7110 COLUBR COUNTY DBPARTMIlNT OP 77UNSPr'.WTA. 770N DRAWN BYI JCM CHECKED BYI SP ORAWINC DATE. 08-18-05 SCALE_ 1"'100' EXHIBIT A Page..2Z.. of {; I 10 /e,_ , i~t PERPETUAl., NON-EXCLUSIVE ROAD RIGHT-oF-wt\Y, DRAINAGE AND UTIUTY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 1 198 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .l... OF .l... ~ l!l~ R/W UfIII --------------~--------______1_ R/W UM e ~~:i:t RON) felt 2S8J (WIUT'H VNVESJ COUNTY BARN ROAD (C,R 268) 1M V4 tfthJSW v.. tf StJctlon8 HE!4 tft1eSW v... tf5<<:J/OIlB WEST PROPERTY LINE & EASTERlY R/W LINE OF I ~NTY BARN-'1PAD (C.R. ~L--_____ .--- R/W Une ------------- (XISTING DRAlNIG[.~ /IT/UTY EASEMENT' ---------------- -------- -------------------------- ------- SO' PROPOSED R/W , I, I. , I I ~ ~ : U: ~ ~ ' ~ ~ i 'I;l' '.,1 '..0, ''''' E-';'t31 tzl1u/ P~I' , , , , 0' , ~ .. -< o ~ <Xl LEGAL [SCRIPTION. PARCEL NO. II'B TN 30 rEET OF' THE NORTH I n OF' THE SW THE HE 1/4 OF' THE SW 1/4 or SECTION 8. TO IP ~O SOUTH. RANCE 26 EAST. COl.LIER COUNT. FLOftIOA. EAST PROPERTY UNf LE(lENlh RIIf . RIGHT OF' WAY LS . LAND SuRVEYOR LB . LICENSED BUSINESS P.I. . PLAY BOOK PG. . PACE psy . PROfESSIONAl. SURVEYOR' MAPPER C.R. . COUNTY ROAO O.R. . OFFICIAL RECORD ~American llIra Consulting Engineers of FlorIda, LLC 4111 Land 0' Llikes Blvd. Suite 210 L.nd 0' Lekes, F/or/de 34~39 Phone: (813) 996.2600 Fe!<; (613) 996-1908 Certlflcete of Authorlzet/on No. 7110 JOEL C.IidJEE. PSII PROFESSIONAL SUfNEYOR AND IJ,lPPER FWRlDA. CERTIFICATE No. 64JO DRAWN BY. JCM COlJJBR CfJUNTY DEPARTMENT OP T11ANSPORTA 170N CHECKED BY. SP DRAWING OATEI 08-18-05 SCAI.EI 1"0100' 10 l; EXHIBIT A Page~ of..JLL FEE SIMPLE INTEREST PROJECT NO. 60101 PROJECT PARCEL NO. I 19C LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF J... ~ l!l~ LEGAL OESCRIPTlCIII . PARCEL NO. lIiC THE UST 50 FEET OF' THE lEST 100 FEET or THE FOLLOWING DESCRIBED PROPERTTI THE SOUTH 112 OF' THE NORTH r 12 OF' THE NE I N. OF THE S. 1/4 SECTION I. TOIIrcSHIP 50 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA. '!.~ ------------L------______---1_J-M_~'" a CWIflY 8MN ROAD fCR.268) (WIOT'H VARIES) COUNTY BARN ROAD (C,R, 268) 1M~ rftheSW % dSocllonB HE ~ r:ftfrJSW~ dS<<:llonB WEST PROPERTY LINE I- EASTERlY R/W UNE OF COONTY BARN ROAD (C.R. 2681 R/W Une EXISTING ORNHIt;E. UTILITY EASEMENT ~ ----------------------~ ------- ~ ~ o u COLLIER COUNlY FOLIO NUMBER: 00403440005 OR 1001, PG, 825-828 !II " ~ ~ i <u ~ ~ ~ ~ OJ l[CENl)! RIW . RIGHT OF' ....Y LS . LAIC) SURVEYOR L8 . LICENSED BUSINESS p.a. . Pl.." 800It PO. . PAGE P$U . PROFESSIONAl. SURVEYOR' UolPP[R C.R. . COUNTY ROAD D.R. . OF'FICIAl. Al:COftD ~~"~,~~~~~.~" of Flo"d., LLC 4111 Lllnd 0' L8ku Blvd. Suite 210 Land 0' Lakes, Florida 341!39 Phone: (813) 998-2800 Fu: (813) 998-1908 Csrtlflc/lts of Authorization No. 7110 JOEL C.MGGEf, PSII PROFfSS/OllAl. SlJR/fYOR NiD MAPPER FlIJRItJA CERTIFICATE No.&fJO DRAWN BY _ JCU COLLIBR COUNTY DEPARTMENT 01' 71tANSPORTA,77ON CHECKED BY' Sp DRAWING DATE_ 08-18-05 SCALE_ 1",100' EXHI~rT A Pa~ D of~ IOC SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, fa{) PROPERTY OWNER: MICHAEL & RUTH HUGHES REFERENCE: O,R, 2218, PG. 1409 AREA OF TAKE: 0,20 ACRES or 524 BROADWA Y COMPANY, L.P. I O.R. 1072, PG. 875 I ~ (),... -0 ~t<) C\i t~ <(Q Q , o oIg<O ll) I-C\i eJ. coO:; 00 0:: ~~ N' O ~ (j V) 524 BROADWA Y COMPANY, L.P. O.R. 1245, PG. 902 o o + <Xl <Xl +34.33 50,00 R MICHAEL & RUTH HUGHES O.R. 2218, PG. 14090 o + 10 <Xl ~ OJ . Z ,,0- .:'t~c;j ",-Cf) ,-R<{ o",en '" )-. '" ~ Cl: ;:, Cf) PARCEL fao PROPOSED R.O,W., DRAINAGE AND UTILITY EASEMENT (0,20 ACRES x) ,. o '" " i2 Vi >< OJ o ~ 0::;- Zci 0::. ~~ I ~gl ~CI I I ll:) C\i ll:) >-1 I-ll) ZC\i :;:'ll:) a u~ a::Q w, -,... --'0 52 u n: ci R RPETuAL, NON-ExcLuSlVE R'GHT-oF..w\Y, DRAINAGE AND unUTY EASeMENT 25,00' o o ... <Xl +~6.74 50,00 R COPE LANE OlXl O::lXl all:) !.i."" r...:. <3~ Q Z , <(C\i jE~ <( z' 00:; --'0 o o + N <Xl ~ 01 ~!l::~ a::wll:) w:J~ ~c5Q o::u , QoIg~ o ,... ZW,... <(w . --'--'0:: :t . ~ a :t: P,O,C, P,O,B. R,O,W, = POINT OF COMMENCMENT = POINT OF BEGINNING '= RIGHT-OF-WAY ~: '. ....!,I\ ==::H..GNOLI .....u :::::UARBER & ......13 ...... ...... RUNDAGE,lKc. Professional engineers, planners, & land surveyors ColUer COllntYl SUite 200, 7400 Tua.illln.l 'h'IliJ, Northl Nlpl... n UI08 (an)DIl7-~111 Lee COUJlty: "11110 COllOI1Ut llod, SUite HIli: Bonita Bpriq., n. 114130 .(1811)11"'-11088 Certitlo.t.. <;Ir AulhorinUollo Nu. UI lllll!4 la4 D lUlU rUt (11I1l)1I1S1I-2201l LEGAL DESCRIPTION f',ND SK'ETCH SHEET 1 OF 2 DESCRIPTION: PARCEL I CLIENT: COLLIER COUNTY TRANSPpRTATION DIVISION THIS lEGAL DESCRIPTION AND SKETCH PREPARED BY: )i BY: ,'/ GEORGE W, HACI< Y, P.S,M, NO. 5606 SCALE: ," - 100' DATE: MAY 6. 2005 DRAWN BY:~ PROJECT NO,:8081-CBR ACAD NO: 9073-S011 0 FILE NO: 9073 f::XH,'.S'ToGr Page, 5/. of . .""- IOC SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIDA LEGAL DESCRIPTION OF PARCEL 180 LEGAL DESCRIPTION (ROADWA Y. DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2218 PAGE 1409 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.20 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ....,,"'CCT. 'AI NON-EXCLUSIVE r-gv-......-, ""''''NAGE ROAD RIGHT -OF-lNAY, ..."'" /ItK) UTlUTY EASEMENT ....!,\ ==::H..GNOLI .....0 :::::UARBER & ......13 ...... ...... RUNDAGE,lIfc, Professional engineers, planners. & land surveyors Collin CountY! Sulu. 200, '1400 t'amJlJ:IlJ 1'1'dI, Narthl Napl... n MUll (2'")110.,-3111 Lu CaWlty: Il(lOO Cooonut Rod, Bulte 10S1 Bonita SpriD....:n. '41311 (lSll)""-IlIle3 C.rtIt:lOlUl ..t Autho11uUoll. No.. LB lI8114 lUll! ZB UlIol ro, (2811)1I1111-220S .-', i -! /\ '~'. . LEGAL DESCRIPTION A8Q:,SKE'rctH SHEET 2 OF 2 DESCRIPTION: PARCEL ([;)0 \" , , CLiENT: COLLIER COUNTY TRANS~OI'!~TION' DIVISION BY:, THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: G ' RGE W: HACKN Y, P.S.M, NO. 5606 SCALE:' N, S.. .' DATE: MA Y 6 2005 DRAWN BY:~ PROJECT NO.: 8081 CBR ACAD NO: 9073 ,SDn 0 FILE NO: 9073 EXHIBIT A ~<Yofwl 1 nC ' ,< 'j ........ ..::v,I . PERPETuAL, P<<>N-EXcUJ8NE R<W> RIGHT -oF-w.\Y, OIV~. AN) unUTY e.aS-"I!rr PROJECT NO, 60101 SHUT L OF L PROJECT PARCEL NO. t21 ~ LEGAL DESCRIPTION AND SKETCH 1iIC~ PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAl. DESCRIPTION' PARCEL NO. 121 THE WEST 2S FEU (F THE UST 75 FEU CF THE F'Dl.LOWING DtSCRlaED PROPERTY. THE NORTH 25 FEET OF' THE SOUTH 112 OF' THE NORTH 112 or THE NIl' ". OF THE S. lie Of' SiCJlON I. TOWrtSNIP 50 SOUTH. RANGE. 2& UST. I I OF THE PUBLIC RECClADS OF COlLIER COUNTY. FLORIDA. I I I I I I WILLIAM & LETICIA PILGER I I FOLIO NUMBER: 00404080008 I I O.R. 868, PG, 471 I WEST PROPEFrrY UNf ~ to; .... i!!~ ~~ !Ii ~~ ::; ~~~ i ::;-i!! i!!i!! i~~ ~~ i!!~ " ~t J ~ ~ :r:~~ , ~'" MiCHAEL & RutH Hl.IG.HtS ~~i!! I ~ "I:; D.1l. ~'2i8, PG. 140"1 I " i!!i!! I ,- I ~ :it~ 524 6R01l0lo'AY CQNPANY,LP. I Q , I " t~ O.R.1245,PG.Q22 ~ I j 25' /""PROPOSfO R/W LINE I 0 EXISTING DRNNJGE.~ ..:=:. I I UT'lurr EASEl/flfT' -+- - --- f------ - --- RIW UM__ 25' _____ : __ .flCN~ ----------- EAST PROPERTY LlNf " WSTfRCf RIW LINE OF COUNTY BARN ROAD {C.R. 2681 - t. ._ t~ NWr., OF THE SIr V4 OF SECTION 8 COUNTY BARN ROAD E COUNTY BARN 1KJAD fC.R.2681 HE V.. OF THE SW y" OF SECTION 8 (C.R. 268) (WIDTH VARIES) filW"U" RIVI U,. ---- -- ------------------------------ I LEGE'lh R" . RIGHT OF' DY LS . LAND SURVEYOR UI . LIC[NUD BuSUCSS P.8. . P1.AT 800l po. . PACE PSM . PROFESSiONAl SURVEYOR' IMPPER C.R. . COUNTY ROAD 0.11. . OffiCIAl. RECORD JOEL C.IkGEE. PSII PROFESSIONAL SURlfYOR AND IIAPPER FlDRIDA CERrIFICKTE NG.&lJO ~~~'~~~~~e~" of FIorlde, LLC DRAWN BY. Jell COLlJJ1R COUNTY CHECKED BY. 5P 4111 Land 0' Lake! Blvd. Sulfa 210 Land 0' Laku, Florfda 34639 DIlPARTlIIIlN'I' 01' 7lI1A1IOFl:W7'A 7XW DRAWl He DATE. 08.18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorlzat/on No. 7110 SCALE_ 1".100. EXHIBIT~ Page~ of-.:Ii[ lOt; , SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. j/).f), PROPERTY OWNER: 524 BROADWAY COMPANY. L,P, REFERENCE: O,R, 1245, PG. 902 AREA OF TAKE: 0,10 ACRES '" FRANCISCO & ELIZABETH LOVOS O.R. 3440, PG. 0260 o o + N m '" , "- ;;;0 1-,0) ...'" . <0 8'" '" ~ 0 0 - II , N - 0 Gj -J eJ~ G -J"1 en -J ~~ ll:::~ f2~ -J ll:::ci :20 (.) 524 BROADWA Y COMPANY, L.P. O.R. 1072, PG. 875 ERPETUAL,NON-EXC~ RIGHT-oF-WAY. DRAlNMJE AND UTILITY EASEMENT- o o + o m L.J ;;; G:i '" "< Ql >- ~ '" ::> '" G~ -0 ii"1 C'I to <:(Q Q 0- .!8<C l() i-C'I eJ. QJll:; 00 ll::: R PARCEL \:;l:Q PROPOSED R.O, W,. DRAINAGE AND UTILITY EASEMENT (0,10 ACRES x) 524 BROADWA Y 8 COMPANY, L.P. ;i; O.R. 1245, PG. 902 co 25.00' +3.14 50.00 R ::: c:i ci <:l i?:; '" X L.J +34,34 50,OO'R Cl 6 ll:::~1 ~~ 'I CIl~ ~8 ~c 5 I 3t (.) I ~ 00 ~ -C'I ::>~oo 001 (.)~l() C\j eJciOO :Jd . -J ~ o Q (.) -j , o o + <0 co ~o ...", ",,.; ~~ 8'" '" MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 P.O.C, P,O,8, R,O.W, = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY . , ' "~J 'l ,"_l~,.., LEGAL DESCRIPTION AND'sKnCf:I, SHEET 1 OF 2 OESCRIPTION: PARCEL 1.96l. ,:,', ., CLIENT: COLLIER COUNTY TRANSPORTi\~I.oN, DIVISION BY: THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: ..'..!1\ ::::H.GNOLI .....1=> :::::I3RBER & ...... ...... ...... RUNDAGE,mc. ProfeSll'fonal engineers, planners, &: land surveyors Colllet County: suit.. 200, 7400 Tamlal'll1 Tnt!. North= Napl__, n. 34101 (nO)S07-Ul1 lA_ COunt1l UII00 Cooonut ROI.<I, BIl.1t.1 103: 1l0nJt.. IJprinrl, rL 341311 (uO)ua-es1I3 Ctlrl1f1o..~ of AuLborlntlOD HOI, LIl :11111. ud ZB 311114- rUt {1I31l)1I1111-0203 GEO E ,H CKNEY, SCALE: 1" = 100' DATE: MAY 6. 2005 DRAWN BY:~ PROJECT NO,:8081-CBR ACAD NO: 9073 SD109 FILE NO: 9073 EXHIBIT /I' PageaofJL 1 DC SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA . LEGAL DESCRIPTION OF PARCEL j;S;Q. LEGAL DESCRIPTION (ROADWA Y. DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1245 PAGE 902 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL,NON~U~VE ROAD RIGHT-oF-wAY. DRAINAGE AND UTIUTY EASEMENT ....,!I\ ====H..GNOLI .....13 ::::: t\RBER & ......13 ...... ...... . RUNDAGl~.lI'fc. Protesstonal engfneel~:;.planner9, &: land surveyors CaUln cOlUl.t1l Suite 200, "'-'>00 T.miam.l TtaU, North: Napl.., n. :14108 (2:lD)li81-3111 Lu CauntT: 1lllllO Cooo!:....t 'jI ,.d, SuU. 1031 lIoll1te SprUi,., n. MI3S (111111)'"-11&153 CertUl"d.. (I( .luthor:lz"".l"a No.. 1.8 38114 and ED 3""" ""]ll (In)1l1l1l-210t'l LEGAL DESCRIPTION ,AND ,~KETCH SHEET 2 OF 2 DESCRIPTION: PARCEL iO;>~.:t"":.,,, ,:,; CLIENT: COLLIER COUNTY TRAY~~PR,TA TION' .DlVISION : BY.,;C(/ ~;'i:, , , , '"," " GEORGE W,'H'ACKNEY, P,S,M, NO, 56D6 " '. "'.,' " "..":' ~' '. ". . , . .,; SCALE:N,T,$ , , D'ATE:,MAY 6 ?DD5 DRAWN BY:-->liIt:! PROJECT NO,: 8081-CBR ACAD NO: 90735b1 09' , FILE NO: 9DLl. THiS LEGAL DESCRIPTION' AND SKETCH PREPARED BY: EXHIBLT c1 Page_~ of In I lOC SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FIORIDA EAST PARCEL NO. Jd3 PROPERTY OWNER: 524 BROADWAY COMPANY. L,P, REFERENCE: O,R, 1072, PG, B75 AREA OF TAKE: 0,10 ACRES or FIRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 FRANCISCO & E:LIZABE:TH LOVOS ERPETUAl, NON-EXCLUSIV@.R. 3440, PG. 0260 R RIGHT-of-wAY, DRAINAGE AWJ unUTY EASEMENT PARCEL 1&3 PROPOSED R,O.W" DRAINAGE AND UTILITY EASEMENT (0,10 ACRES :1:) 524 BROADWA Y COMPANY, L.P. O.R. 1072, PG. 875 25,00' --- 524 BROADWA Y COMPANY, L.P. O.R. 1245, PG. 902 MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 o o + <D OJ P.O.C, P.O.i3, R.O,W. = POINT OF COMMENCMENT = POINT OF BEGINNING = ~IGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!J\ ==::tlGNOLI .....0 :::::UARBER & ......13 ...... ...... RUNDAGE,IKc. Professional engineers, planners, &: land surveyors CaW" COunt1l Sutt4 201l, 1400 TIUIli.bIJ TUll, North; Napln, n. UIOS (2:111)11117-3111 lA, Countll 1111110 Coconut Rod, SuIt.. 10111 lIolllla Bprlxl'" n. 11<1.1115 (21111)1148-11111111 Cerllnolt.. of .lutbOrlU.UOD "0', LII lISSt. aDd III 1I114. rUl (1i!1I11)1I11e-1I11011 8 + ..,. OJ ~~ N'.- ~ ~ (5 U) o o + N OJ Cl '<C 0........ 0:::;:: :<:. 0::0 .--J ~ ,0: I~g l2~ :::,'-' o <.l ;" . "- I ;;;0 ;"0; I ,,'" g~ '" ~~ [j. ~~ Cl::-.f CI)~ llJ~ -I 0::0: '<C. J:O <.l +72,62 50,OO'R o o + o OJ '" a ci '" Z !':: C/J >< 4J 4J Z [j C/J <( CQ >- Is' '" ::;, C/J ,) G~ -0 ~I<) C\j to '<Cll.. ll.. O' ~<o It) J-C\j [;S. coCl:; 00 0:: +J.14 50,OO'R o o + OJ OJ ;" 1--0 ...", ~~ ,-R go< '" I I 00 C\j 0;) ~.h :<:C\j :::,CO o <.l0 Q::ll.. W . ::JO --'0 O~ <.l Ii d LEGAL DESCRIPTION /I'ND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL aj. CLIENT: COLLIER COUNTY TRANSPORTATION ~IVISION BY: GEO GE W, HACKNEY, .S,M. NO. 5606 SCALE: 1': = 100' DATE: MAY 6. 2005 DRAWN BY:->!Ati PROJECT NO.: 8081 CBR ACAD NO: 9073-SD108 FILE NO: 9073 t:.X.H IBIT --Ll... page.JiL. of..Jil. ,., LL '.. SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL /.9'] . LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25,00 FEET OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 875 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON-EXCLUSIVE: ROAD RIGHT-OF-WAY, DRAINAGE AN) UTlUTY EASEMENT ....!J\ ::==H..GNOIJ .....(3 ::::: 13:BER &: ...... ...... ...... RUNDAGE.Dl'c, Professional engineers, planners. & land surveyoI'l comer cout)': B'I1It40 100, naG TamlllmI trill, NDrt!l.1 N.pl.., n. JUDe In')DlIT-8111 fA. ClltlDl.1s 11I10 00001:l.1It Road, 8u1te 10:11 B01ltta BpriDp, J'L ,",UlI 'It)NI-lIl1l1l1 carlltlo.te ot J.uthllrinUllD. NIlI. UI lIM4- aDd .. Ill" 1Ul 111I)lIN-120S LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCELI~, "',' CLIENT: COLLIER COUNTY TR~SPORTATlON DIVISION 1"t.V''''UN: BY::',}':; 'L tEOR,CE W.,H~NEy,P.S.M, NO. 5606 SCALE: ," N.T,S;" DAlti MAY 6, 2005 DRAWN 8Y:~ PROJE.CT NO.: BDB1-CBR ACAD NO: 9073~SDjOB FILE NO: 9073 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ~ '". ""..-.,-,:!"t:.:., .:,'1 EXH~IT A p~ 7 of 101 1 DC PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAJNAGE AND UTlUTY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 124 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORlDA SHEET .1. OF l... ~ ~~ LECAL OlSCRIPTION . PARCEL NO. 124 THE UST 50 FEET OF THE lEST roo FEET Of THE ra.LOWING DESCRIBEO PROPERTY' THE NORTH 112 OF THE NORTH 1/2 01' THE IE I /4 OF THE S. 1'4 01 SECTIOM eo TO_SHIP so SOUTH, RANGE 2& EAST, COl.LIEA COUNTY. FLORIDA, RIW U",_ --------L_..J______-.L...L-__----L__ _-B!!!....Yf!J_ RIW FOR 1M ~ rf tfrJSW ~ d SfJctfon 8+0UNTY~OAD ( . HE ~ rfffrJSW v., d SectIon 8 (C.R.268) fWlOT'H VARIES) WEST PROPERTY LINE &- EASTERLY R/W LINE OF COONTY BARN ROAD (C.R. 2681 --~u,; RIW uti- ----~=-=--==-- EXISTING DRAINAGE, UTILITY EASEMENT ~ ~ ~ ~ ~ " " ill ROBERT & PATTY FLICK ~ FOLIO NUMBER: 00402920005 '" '" ~ O.R, 2560, PG, 2301 ~ l ~ l! l! ~ " " ~ !l! ~ ~ ~ i ~~ l l:! LEGENDI RIW . RIGHT or: WAT LS . LAND SURVEYOA LB . LICENSED BUSINESS P.8. . PLAT BOOK PG. . PAGE PSt,t . PROf'ESSIONAl SURVEYOR 8 IMPPER C.R. . COUNTY ROAD D.R. . Qf'FICIAt. RECORD ~ '" EAST PROPERTY UNE ~~~,~;~~~.~" of F''''... LLe 4111 Land 0' Laka, Blvd. Suite 210 Land 0' Lake., Florida 34439 Phone: (813) 996-2800 Fax: (813) 998-1908 Clftlflcal. of Authorlzatfon No. 7110 .XJE.t C.IldJEE.PSI/ PROFESS/OIIN.. SUlNEYOR AND IIN'PER FlJJR/{)A CERTIFICATE NQ, fi;lJO DRAWN BY. JCM 00l.UBR C'OUNTY DBPARTMENT OF '17iANSPOR7'A 710N CHECKED BY. SP DRAWING DATE. 08-18805 SCALE_ 1".100' EXHIBiT /-) _ Page, J~, of 10 I SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY" FLORIDA PARCEL NO. J,J& PROPERTY OWNER: FRANCISCO & ELIZABETH LOVOS REFERENCE: O,R, 3440. PG. 0260 AREA OF TAKE: 0,10 ACRES" FLORIDA APARTMENT CLUB NAPLES O.R. 2852, PG. 1054 FIRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 P RPETuAl, NON-EXCLUSIV& R RIGHT -OF-WoW, ORAl AND UTIUTY EASEMENT- a a FRANCISCO & ;t ELIZABETH LOVOS 0> O.R. 3440, PG. 0260 PARCEL 1,JX.5 PROPOSED R.O, w., DRAINAGE AND UTILITY EASEMENT , (0,10 ACRES :1:) 25,00 524 BROADWA Y COMPANY, L.P. O.R. 1072, PG. 875 524 BROADWA Y COMPANY, L.P. O.R. 1245, PG. 902 P,O,C. P.O,B. R.O,W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY 8 ;j: 0> a C3 ~;- ~c:i <(0: CIl ~8 :2;- ::>'-' o ---1<.:1 +40,62 50,OO'R s: ci a:' 3: '" . "- ~ ;;; 0 (f) i-)O'i - ,- ~ [J g ~ '" Lw ?; [j (f) Iii ).. Is' 0:: :::, (f) eJ- ;:::jt<) ~~ ~.,f' [3~ ...J ~o: ~c:i <.:1 EAST ~ 2 ~ II N';-. ~ ~ IOC THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION' AND' SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL I CLIENT: COLLIER COUNTY TRANSPORTATIO ....!'\. m:~~GNOLI ;;;;: ARBER & ...... ...... ...... RUNDAGE,[I!c. Professional engineers, planners, &: land surveyors Collier CClllnt1= Suit. lilOO, 7400 Tam!ual T'l:'an, Northl N.pl.., PL 1I.UOIl ('3tlIl0'l'-:U 11 x... Count1= IIIlVD COOOlI,ut Jload, 9un.. 10:" Bollita Spl'tllll, n. '4138, !IS8)lId-ellll$ Cet'tlttoat.l ot AuthOrlUUOD No.. UI 11114 0.4 lB SII4 r_1 eSIl)lltlll-lilOll +72,62 50,OO'R a o + o 0> I I o a + co co 3: ~ <.:1_ -0 iit<) C'4 to <(Cl.. Cl..d "d<O U) 1-.C'4 eJ. CIl!l:; 00 ~ w, ACKNEY ,S,M:, NO, 5606 SCALE: 1" - 1 00' DATE: MAY 6 7005 DRAWN BY:--->iAM PROJECT NO.: BOB1-CBR ACAD NO: 9073 SD107 FILE NO: 9073 \-'0 ...", ~...: :4"~ 8" '" '\ BY: EXHIBIT A- Page(3(t ' of Lo I IOC SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL Jr9,S LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 3440 PAGE 0260 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0,10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; P~PETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT , I , ~ ;' ....~ 5mtt~GNOLl ::::: ~BER & ...... ...... ...... RUNDAGE,IIfC, Professional englneen. planners, &: land lIurveYOnl CoWu C'''UD~ Bult.l 100, 1oI(]O 'l'UIlJ..m1 TrdJ, Morthl Kepl.., no ....108 lnglll'7~1l111 r.. Co_tr- IlllO CooeBllt ....", Bait. UII, IIlD.tta .,........ n. 8411111 1I0)Ha-1I11 c.rUII....t.I Ilt J.llt110I1QUOIlo No.. UI ~ _c1 II IllU rut ''')IsM-IlIDI LEGAL DESCRIPTION ANbsK&:.JCH StiI;:ET 2 OF 2 DESCRIPTlON:PARCEL /6l-1'.'.,,\ , CLIENT: COLLIER COUNTY TR~NSPORTA TION DIVISION I""-V'::>'UN: BY: ...4 #/2#:;- --r GEorlGE W. HACKNEt P.S.M; NO. 5606 SCALE: N,TS., DATE: MAY 6. 2005 DRAWN BY:~ PROJECT NO.:60B1 CBR ACAO NO: 9073-SD1 07 FILE NO: 90ll THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: '''XHIBIT.L !ge.J:iiL of !f I IOC PERPETUAL. NON-EXCLUSIVE ROAD F"c:HT-oF-wo.y. DRAINAGE ANt. UTILITY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 126 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET L OF 1. ~ !ill t.---- RIW Um --~_l______L-_____________ sw ~ o( fhe 1M ~ o( SI!tCf/OIl B 51:. Y. of 'he INI Y. or StlCtJon B WEST PROPERTY LINE & EASTERt:f RIW LINE OF COONTY BARN ROAD (C.R. 26BJ COUNTY BARN ROAD (C,R,268) LEGAL DESCRIPTION' PARCEL NO. 126 THE EAST 50 FEEt Of' THE KST 100 FEET or THE FOLLOWING DESCRIBEO PROPERTY. THE SOUTH l,z Of THE Sf II. Of' TilE NW I" Of' SECTION a, TOIHSHIP 50 SOllTH, RANGE Zi EAST, COLLIER CQUHT'r. FLORIDA. ~ ~ ~ ~ ~ CHARLES R KELLER FOLIO NUMBER: 00402960007 O,R 444, PG, 31 ~ ~ ~ ~ i LEGENDI R/W . RIGHT OF WAY LS . LAND SURVEYOR LB . liCENSED BUSINESS P.D. . PlAT BOOK PG. . PAGE PSW . PAOf'ESSIONAl. SURVEYOR' WAPPER C.R. . COUNTY ROAD D.R. . OFFICIAl. RECOAD EAST PROPERTY UNf "..~American "Fa Consulting Engineers of FlorIda, LLC 4111 Lind 0' Llk., Blvd. Suite 210 Land 0' Laku, Florida 3-4/139 Phone: (/113) 99/1-2800 FlU: (813) 9&/1-1908 Certlflaate of Authorization No. 7110 JOEL C.IlcGCE. PSM PROFESSIONN.. SURVEYOR NtD IIIPPER FUJRIDA CERTIFICATE No. 5'UO cot.L/BR COUNTY DBPA.RTHBNT Oi' 1JlAN5Pr.:WTA 770N DRAWN BY. JCM CHECKED BY, SP DRAWINC DATE_ 08~18-0S SCALE_ 1",100' 10n " I ^.~ . ! ,1 "',} "",I EXHIBIT~ Page~ of fn ( SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA PARCEL NO. l/x'l PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O.R, 2652, PC, 1054 AREA OF TAKE: 1.30 ACRES i ~ ~ ~ II N'",... O ~ <3 C/J '" d ~ " j!; tJ " f::.J -J Q <l: ::::'1- COlt) ::::'0 -J- <..l. f--<!> ~Q ~~. 0: a:> '<(C\! Q. <l:0: <l:ci a Q:: o ri EAST MA TCHUNe See SHeeT 2 OF J SEA CREST SCHOOL INC. O.R. 3219, PG. 2683 l:5 "<f.- "'15 r.:--Q?~~ 8 Slc"'", + :;:f~ UJ to t;j c:i t f5 m ~ci::J"< ..... ",0 <l:Eib': Q~cc 0."< 0"< "" 0. PERPETl.JAL, NON-EXCLUSIVE ROAD RIGHT-of-wAY, DRAINAGE AND UTIUTY EASEMENT FIRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 ------.......-- P,O.C, P,O,B, R.O.W, = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....,!.I\ ::::H.GNOU .....0 :::::UARBER & ......13 ...... ...... RUNDAGE,INc. Professional engineers, planners, &: land surveyors Colllu Counly! Sutte 200, 7400 TIl!IIJ.w TuU, NOl'Ull Nopl.., n. 34108 (231)B1I7-3111 fA. Clnmt,,= llllllQ Coo.....ut ROad, Suit. 10S: Bonlt_ Sprin._, n :il4lSl1 (131111148.11111:1 Cortifl".." orJ.uthori"UOD Hal. Ul Sll1l4 aZld EB SII1I4 PUl (1:I1I1I88-220S o o + .". o (,)Ol 3;r-... -J"1 oC\! 00 6Q C/J1"j' f--(Q l3~ 0: Un:: wci C/J o o + N o a CS 0::: --... 3:: :::: ci 0: Q!i n:: ~ a 0 :::: - '-' ::::. I 0 <..l 1 :;:, I . " ",0 ":;~ 8'" '" .~ u, <..l- ~::::C\! j2-0 ""15Q ~"" . -<l:'I- a(Q Cj:::::::; Q::::' wen:: ci o o + o o o o + <Xl m I UJI ~I <ii >-1 ~ ~i tl'i- -J"1 ,.,J ~0 Q 0:::. 'I- f::.J~ -J 0:' <l:~ J::O U .". m 0'" ~2 Old +", 1 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL (017 CLIENT: COLLIER COUNTY TR NSRORTATION DIVISION BY:' . ~,~ k/, ',./' GEORGE , HACKNEY, P.S,'. NO. 5606 SCALE: 1" = 150' DATE: MAY 6, 2005 DRAWN BY:~ PROJECT NO.:8081-CBR ACAD NO: 9073 SD105 FILE NO: 9073 I::XH 1BIT---L:L Page~ of.JJ. IOC SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUN TY, FLORIDA EAST PARCEl NO. IbI "1 PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: O,R, 28S2 PO, 1054 AREA OF TAKE: 1.30 ACRES '" ~ ~ y 11 N o ~ 126+ 00 128+00 DA VIS BOULEVARD (S.R. 84) (75' R.O.W.) 1;] -I Q <l: <::'t- Cl:110 :::>c:l -I- t). f-.~ <::Q L..ic-,; ~~ ~"l Q. <l:Q: <l:ci Cl CE a ii o o + <0 ~ o o + ... :: o o + N o o + o ~ <(f.- ~C5 l:'- ~ ~+1 g ';:;:: "'", + ~~lu 00 ,,. ~ 0:: 0 GJot'-' ~"'::;<( "- 1'=0 <l:~::o" Q", C OCl Q<: 0<( 0:: Q PERPETUAL, NON-EXCLUSIVE ROAD RIGHT~.WAY. DRAINAGE AND UTIUTY EASEMENT P.O,C. P.O,B, R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!J\ :::5tlIt3GNOU :=:;; ,ARBER & ...... ...... ...... RUNDAGE,INC, Professional englneers, planners, &: land surveyors ColUer COltatYI Suite 200, 7400 TamJamJ Trail, Nortlu Napl.., n 341011 (1l3')1IG'/'-311l Lu County! 1l111l0 Coconut Road, Buite 1011: 1Iomta IJpilzltr, 1L U131S (lI~Il)Il'''-lIl1l1S CorUl101!A or A.utherbrUoD Nor. LB lUIII... Ul.d U UII4 J'a:I[l {13lI)IlIlS-llZOll o o + 8 COUNTY BARN ROAD STA. 117+30.67 = DAVIS BLVD. STA. 128+82.50 130+00 132+ 00 "I"'" ~C:I "'0 ";0 "':01 "'0 ~~I +<n I (J"l I ::J~ I "l (f)(!j >Q <l: ,. Cl - . "- ~~ Fi~ "'''' :::Jt') "[2 cS' 0", (In; 2: a Cl <l: a Ct: ~ <l: Cl:l t <:: :::> a (J ~ :s:: ci 0:: a ~ a f-. - (f) .'t- '-' J:::(J '" Q~(!j ~ ~:r:Q G:i t)" '" <::Q:<o <( w~'t- en >- 8J t) . ~ Cl:l n; 0:: a ::0 U) '" o '" '-' <: '" '" x '" <.it') ~ll;) <0 cS"'l a. :r:~ (JQ (f) .. f-.~ (f)~ 19 t)o:: wci V) SKETCH MA TCHUNE SEE SHEET 1 OF J LEGAL DESCRIPTION AND DESCRIPTION: PARCEL JJ.I' CLIENT: COLLIER COUNTY TRANSPORTATION OIVISION BY: ~b?w(~Of. P,S,M, NO, 5606 SCALE: 1" - 150' DATE: MAY 6. 2005 DRAWN BY:~ PROJECT NO,: 80al-CBR ACAD NO: 9073-SD105A FILE NO: 9073 SHEET 2 OF 3 EXHIBIT A Page~ of--'d. 10;, SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIDA LEGAL DESCRIPTION OF PARCEL '/Q7 LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEn OF THAT PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2852 PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 1.30 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTiliTY EASEMENT ....!J\. :mtl-iGNOlJ :=::: BER & ...... ...... ...... UNDAGE,IlfC. Profssslonal engineers, planners, & land surveyOl'l!J ColUu Ccnm,f.1t 1fuit4l lOa, "00 TaWamI Trail, Northl Napl_. PI. 84108 (231i)1i1l7-:nU Ln C"UIlt,r. GIlIID eo..oll.ut JIfl14, ll'uU.. 1011; Bonita 1Ip1"iqll. J'L 141S1 (llIO)N8-851ll1 c.rttfto..t.e ot J.1I.Ul.orlnU"1l N.... U!I tl8M ...4 II I'" FUI ('1II)o11e-120lJ LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 18 CLIENT: COLLIER COUNTY TRANSp'ORTATlON DIVISION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY;,,:' G SCALE: N.T.S, DRAWN BY;~ PROJECT NO.: BOB1-CBR ACAD NO: 9073-SD105A FILE NO: ilQU EXHIBIT A Page-ti!i of 10 I TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONsTRUCTION) SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHUNE sa: SHffT 2 OF J SEA CREST SCHOOL INC. OR. J21 g, PG. 268J PARCEL NO. 727A PROPERTY OWNER: FI ORm,,- APARTMENT CLUB NAPLES REFERENCE: O.R. 285' PC 1054 ~ ~ No ~ o <n - L1 L2 LJ L4 L5 L6 L7 La IINF' TARI F = 25.01' 10.00' 56.22' 10.00 82.00 68.00 82.00 68.00 ~ N 89'J4'5Bu W S 89'56'5J~ W N 00'4.3'31" W N 89'15'29- t N 00'4.]'31" W S 89'16'29" W S 00'4.3'.31" [ N 89i6'29~ E o o + v o ,.. t5C5 ,,"':; <\I~~ <0"'", 15w cj >- uG:lt: O::::Vl~ ",0" Q&a "'z <L", 0' o ~ ~I Cl "" o ~i' 52 d ii'i ai I ~~ ~ '-] 8 I cj ~~ a~ 0<5 00. <n _ >-'" <n~ "'''' 0:: Uai 15d <n '" ,-I .~ ~ ~ 01 o Z \< 0 "' ~'" 0 " ~o + Uuj ",0 N "0 ~:2 S ~t-: 0 ~ G:Jbj ~ uo o::i'; -~ "'''' ~ "':'0 ~o o.<L +~ ~ a. "" 2:... <nit) ::)0 ...- U . 0 >- '" 0 ~a.. 6 ~s:f 0 ~~ A.. ",,0:: ""d o gj ~ <0 ..., wU- "'2:'" j:!-<5 F::i!S0. ~F::.... -""co _0", L::;2:", 0::) "'~ai d '" ~~ ~~ ~~ 8~ z '" 0 '" >- ~ ~ '" 1 z wt "' "' ~I " ~ w Ql " >-1 0 "'I ~ ~I " L1 Ig cJ oi d + <>:1 I 1 t5 g '" ~ ~~ ~ ,,~~ :it <\I~bl - '" fj ~LJ I'<) [j 0)", :-- tJ '<(I- :5 o::::O:::i z ",,"'"' 0.0" "'0 13z <L'" o <L <L o o + '" '" o o + '" '" 15- ~~ ~~ 0::' ",,0:; 00 Ig ;\:1 I'" FIRST HAmAN ALUANCE CHURCH O.R. 27J5, PG. 2800 T,D,R,E, = TEMPORARY DRIVEWAY RESTOR A TION EASEMENT P,O,C. POINT OF COMMENCMENT = BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. = POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'43',}I" W. R,O,W, = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION BY: UNDAGE,nre. ProfeuioDII.l 1II1imeel'll. planners, II! land eurveyol'll _CoIII>I,fl_ _. 7__-.!IortIll x....... n."J~ 1_)517-1111 '- ="_--: =-~.~o:u =:. ='"' n. ~ 1== GEORGE W. HACKNEY, P .S.M. NO. 5606 SCALE: 1" = 150' DATE:JAN'4 2006 DRAWN BY:~ PROJECT NO.: B08l-CBR ACAD NO:9073-SD727A FILE NO:~ ~ !1'1, if''l \ ; I' 'V EXHIBIT A ~ t-i5 of ~) TEMPORARY DRIVEWAY RESTORAllON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727A PROPERTY OWNER: FlORIDA APARTMENT CLUB NAPI F'S REFERENCE: 0 R 2852 PG 1054 ~~ N' O 'j c:3 (I) JJIJI: L1 L2 LJ L' L5 L6 17 LB LINE TARI F JLlli1IH 25.01' 10.00' 56.22' 10.00 82.00 68.00 82.00 68.00 , 26+00 DA VIS BOULEVARD ---1S:...R:.. 84) (7!!: !!,O. W.) 10 ---0--- +' I~ 13 -' a. <( "'... CllIO ::>0 ...- U, ...'" ",a. ....'" ~IO ~~ a.. <(ll: <(0 ~ o ~ ~ N B9'J4'5B~ W 5 89'56'5,3- W N 00'43'.31" W N 8916'29" E: N 00'43'31. W 5 8916'29" W 5 00'43'J1" E N 8916'29" E o o + ... >' " >- r-..~ai? C\jC:;;::..... -d"<(~ -JQ::~~ luC'<(Lu 2i~~t <<:O~::J QZ5Cr.::: '" '" CL 128+ 00 COUNlY BARN ROAD STA. 117+30,67 = DAVIS BLVD. STA. 128+82.50 130+00 132+00 o o + N >- '"" 0," """ ",,,," co~ln "'C5 -'c ~G3~ ",<n~ ""c" o...~::> g:~ " ,--------- ~ ~i-.. !""J~ :il'l . ~ 8~ u~ ~ ::11:; "',,; Sa. '" <( "'.: ~ ...... f5~ ll: ~ -.., ~ ::I I 0 On: I ii!i n: Uo 81 ~ b ~ ~ ~ :<) 8 I " II~~ <n~ 8~ ~~ ... 1::! f:Q(j~ a. '" ,. ",,-~ Cll:r:a. ~~'" 15~~ iJ5Un: Cll 0 ::: o ~ R2~ o " ::: ~~........~t-: ,,0:::-+1 a ~gV) G:1bj '-'M:! (J ~ [jeu 0:::0 (j Vi "'C -<C ct: o:~;:: QQ o ~~~ o a. + ro o o o + w o F2lLj "," ,,'" -JC ",bi 00 ",CL ",,&,! "-CL SEA CREST SCHOOL INC. O.R. J219. PG. 268J MA TCHUNE SEE: SHEET 1 OF J T,D,R,E, TEMPORARY DRIVEWAY RESTOR A TION EASEMENT P.O.C. POINT OF COMMENCMENT ~ BEARINGS ARE BASED ON THE SURVEY BASELINE P.D.B. POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00"43'31" W. R.O,W, RIGHT-OF-WAY LEGAL DESCRIPTlDN AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY; DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION UNDAGE.-. Prolea.ional eJl4liDlIlln, plaI1llllrl, &: l!lIld wurwyol'll ~'~_-"4CM_'l'ooolI,lIori!l1)1.,...,n.M.IlII{_)IR'l'.'111 x-c-a\,p:__......._llll1; -"1Ipotap.rLlIUMI(_ltOI-_ c.utI_ oJ ....U&aHM._ If... Of....... D _ hm (_..._ BY: GEORGE W. HACKNEY, P.$.M. NO. 5606 SCALE: 1~ == 150' DATE:JAN 74 2006 DRAWN BY:~ PROJECT NO.: B081-CRR ACAD NO: 9073-S07?7Al FILE NO: 9073 1 A.",,- iJ' ] 15 II n II ~ \,.,<1 lJ 10(; EXHIBIT~ ~^+Lo of lot TEMPORARY DRIVEWAY RESTORATION EASEMeNT (DURATION: 3 YEARS FROM COMMENCEMENT Of' CONSTRUCT/ON) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST cOLLlm COUNTY, ~LORIDA LEGAL DESCRIP1l0N (TEMPORARY DRIVEWAY RESTORATION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R,O,W,); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706,30 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 00'43'31" WEST A DISTANCE OF 82,00 FEET; THENCE SOUTH 89'16'29" WEST A DISTANCE OF 68,00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 82,00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 68,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 5,575 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727A CLIENT: COLLIER COUNTY TRANSPORTA1l0N DI\IISION BY: UNDAGEoIIlc, Proflllllllonal engineers, plaImlll'll, &: IIUld llUM'llyors c.IIIa CoImt1IIluIb -. 7400 T_ 'ball. IIartl>I "...... n. ..111111__-11111 r.. c.uJ,rI _ C-.lIt ...... _ tOil ~..-.-. n. Nt.. _)Ma-Ma __"'b~II...IJl__D_ I'u:I _)181-_ GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: N TS DATE:JAN 24 ?006 DRAWN BY:~ PROJECT NO.: 8081 CAR ACAD NO: 9073 SD7?7A1 FILE NO:~ IOC EXHIBIT A ~ ttrr of (p) T~~APOr')A_RY cnr'J.ST,:;,..f'.-' i \.';'.: !. J.\SEMENT '. :..1"' . :.:~ \'L.<HS FROM COMMi::i,GEMt:NT OF CONSTRUCTION) TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA MA TCHUNE SEE SHEET 2 OF 3 SEACREST SCHOOL INC. O.R, 3219, PG. 2683 SECTION 8, PARCEL NO. 717R PROPERTY OWNER: FlORIDA APARTMENT CLUB NAPIFS REFERENCE: 0 R 2852 PG. 1054 AREA OF TAKE: 0 OR ACRES :I: ~ ~ ~~ l:J it -.: :z:... ~~ ...- U . 0 ....Cl 0 ;Z 0.. 6 ~~ 0 0::'" -.:'" 0., -.:0:: -.:0 ~ Ii LitJ!: U L2 LJ L4 L5 co L7 IINF TARlF = 25.01' 70.00' 55.22' 2.00' 82.00' 5.00' 3.00' .BWlJllii N 89"34'58" W S B9'56'5J~ W N 00'43'31" W N B9'15'29~ E N 00'43'31 H W 5 89032'28" W N B916'29~ E o o ;j: o .... ~~ ,,~C} "'-'" "'"'"' is''' L;j >- uBt:: ",,,,~ <(0<= 0.0.::> 0" ij'" "' " 0 0 '" ~~ 0 ~ + Uej ,",0 N "0 ~~ 0 ~~ --,fil '" ~ "'''' lJO ",0. -~ <(0 ~ --:b 0.8' ~ ~o +~ o o + 00 m t5 ~ "' ~ :z:\- R ~tJ I'-..a~ 3:: C'.J)..:'~ >-- .q: Fi -J~~ ~ '" ,,>- . UC!5!:: g ~O::~ ::;0: 0.,,::> ~" ~~ o '" 0. o o + ~ m 10 o 1* FIRST HAmAN ALUANCE CHURCH O.R. 2735, PG. 2800 EASEMENT .t1.QIE.:... BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00"43'31" IN. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 7278 CLIENT: COLLIER COUNTY TRANSPORTATlON DIVISION ------ T,C.E. = TEMPORARY CONSTRUCTION P,O.C, POINT OF COMMENCMENT P,O's, = POINT OF BEGINNING R.O,W, = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . UNDAGE..c. PnIfenione.l eI18inlllll'll, pl4nnllI'8, &c lllI1d SlU"Yl:l1'Jl'lI ~~-'::"'-:C=~llIlTrdl,==::::~:~~ c.w'I_toot.k~II..~_...'D_ ha(____ o o '" ~, ~ o ~ D:::~ ~ 0 iii 0: ~8 :Z:C is u UOl ~" 5~ O(!j 00. "'..;- ""<0 f3~ '" Uo: ~o '" ~ 'I Pi '" ~ 8' ~ ., '...-i-.. ,"0 "'0\ ~~ g~ ~ ., Q 00 >- ~ lli '" !;! " I " ",I <= '" ~I G3 ~ "' "' " >-1 0 ljil '" ~I " Ll lo~ ,"0 (j oi~ d +~ 0.:1 I 1 <0 u'" ~:z:~ i2;(!j ""00. ~"" . --.:'" o~ ~:z:.., 0'" LW~o: o ~;;; LW(!j "0. 0::", ~~ 0::0: ~o u BY: GEORGE W. HACKNEY, P.$.M. NO. 5606 SCALE: 1" = 150' OATE:JAN 24 ?QOf) DRAWN 8Y:~ PROJECT NO.:8QR1-CRR ACAD NO: 9073-507?78 FILE NO;~ ~Hi!r g~l Yl EXHIBIT A ~ .Lj-~ of (0\ TEMPORARy CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCeMENT OF CONSTRUCTION) ~~ SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 7278 PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: 0 R :>852 PG. 1054 AREA OF TAKE: 0.08 ACRES ::!: 126+00 ~~ N';... o ~ 128+00 DA \115 BOULEVARD ---1S:...R__ 84) (7~ !!.O. W.) '0 ---0-__ +1 I~ ~ < ""... "'10 :;:'0 ...- (j, ...'" ",,0.. "'<-I ~1O ",., <'" ~o: <0 ~ Ii WI: U L2 LJ L4 L5 L6 L7 UNF TARI F = 25.01' 10.00' 56.22' 2.00 82.00 5.00 3.00 '"""""" N 8~'J4'5B. W S 89"56'53" W N 00'43'31. W N 8916'29" [" N 00"4J'3'. W S 89"32'28- W N 8916'29- E o o + v >' r--...~C!z C'\jQ:<:~ -~-;(bl -10::::~'<( LuC"<CLu ~~~~ -q::O'<(_ Q~gs~ no :0 "- COUNTY BARN ROAD STA. 117+30.87 = DAI,lS BLVD. STA. 128+B2.5O 130+00 132+00 h b!ffi ~~[3 ro::q:V1 noC5 -,a Lwal: ~~~~ I~b q;:Q.::::J-.I <o~ Q~a 'f~ "-,, '<( I ~ g . ~ J ci + ~Uj+i'~ ~II"'" o (j '0 It'l :0>:: :'<:(~ ~t--:fJ t"I l'l ~~ ~~ -,Eat] l.u ~I ~~ "-f-,: l,lJtn<(~ '-I) tn -.JQ(j~I')1:;gv~ LwL..) ~oa ~ "1 ~~ a..g:~8 g I~b "'{o (I) 2:, aio. g 0..2: L +:)3 + '" o o o + N o o + '" o Uw "u ~t-: cj~ Ua o:g, "no "-"- ,--------- ~ '-1-.. ~o ~~ 8~ 2 (j'" :J~ "'<:i ~Il. o _ flJ~ 3'" 00: "'0 Cl ~ '" ~ Q!i >- b ... ~ ~'- 8 I i'11 o 0: L4 ~ I ,~ ",I "'I 0:: ~I ~I "I I ... ~ ~t5~ a..:::z:,.:: <-~ "'0": ""","" ~~~ l5 (j . _ '" ~ 0 ail o 0:, ~I . 'I ~o ;.,C! ~,~ g:gl SEA CREST SCHOOL INC. O.R. 3219. PG. 2683 2 /,fA TCHUNE SEE SHEET I OF 3 EASEMENT ~ BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00"4J'J1" w. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 727B CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION T,C,E. ~ TEMPORARY CONSTRUCTION P,O,C, POINT OF COMMENCMENT P,O,B, ~ POINT OF BEGINNING R,O,W. ~ RIGHT-OF-WAY UNDAGE.-. Proreulonal IIng1nellnl, plaODllI"II, "'" llWQ ~yonr CaJIWo ~ _ -.,~ _ -. 11_ JraplM. "-NtOl ("')UI'-.tU r... ~:-:'=--=Il-.:tot1~ ~=-' "-"=1==== BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1 ~ = 150' DATE: JAN 74 2006 DRAWN 8Y:~ PROJECT NO.: 80B1 CAR ACAD NO: 9071 SD727Al FILE NO:---..aon EXHISlT A ~ i{~ of &;/ IOC TEMPORARy CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THAT PARCEL OESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054, (FLORIDA APARTMENT CLUB OF NAPLES), PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (10D' R,O,W,); THENCE NORTH 89'34'58" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL A DISTANCE OF 25,01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 706,30 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 555,00 FEET; THENCE CONTINUING NORTH 00'43'31" WEST A DISTANCE OF 82,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN OESCRIBED; THENCE NORTH 89'16'29" EAST A DISTANCE OF 2,00 FEET; THENCE NORTH 00'43'31" WEST A DISTANCE OF 256,82 FEET; THENCE SOUTH 89'32'28" WEST A DISTANCE OF 5,00 FEET; THENCE SOUTH 00'43'31" EAST A OISTANCE OF 256,84 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 3,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1284 SOU ARE FEET OF LAND MORE OR LESS; SU8JECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, ..-tt3 =1:= NOLI ..... ===== dBER AI: IIIIII!D ......IJRUNDAGE~ Profllaional engine..". plII.nnlln, ole lllIld 1JW'V8)"Or8 ~~':.a~=~llIlTND.==:::::I===~ c.ws.to., ....11I._ M... [.I _... D _ :r- (_)NI--_ LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 7278 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY: GEORGE W. HACKNEY. P.S.M. NO. 5606 SCALE: N TS. DATE:JAN 74 2006 DRAWN BY:~ PROJECT NO.: 8081 CRR ACAD NO: 9073 S[)7?7R1 FILE NO: 9073 1 ~'"' EXHIBIT A page-2Q.. of~ ~L..! SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO, 627 PROPERTY OWNER: FLORIDA APARTMENT CLUB NAPLES REFERENCE: OR 2652, PG, 1054 AREA OF TAKE: 0,28 ACRES '" #.fA TCHUN~ S~~ SH~~T 2 OF .3 SEACREST SCHOOL INC. O.R. 3219, PG. 2683 \0'''> ",0 (j o;~ o +", 0.:' I EASEMENT 1 ~ ~ Y II N-- ~ ~ I N ~<: '" ~w ' "''<{~+Ig~ C\l~w + <0 co'" Vj '" ... o:::L;jLu 0 lLJ ,0 0:::..... t ;:1 >-u - ~GJ'::'" !" Q::Vl-'QJ ;f <(01=:", 0 Q Q::>c:i 0 ~c'-' VI Q~ " ~ I "~N ",(jO ['-...,~..- PeRPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT l2 -I Q <( Z"l- COil) ;:)0 -I- Ll. ....<.:> ZQ l<JN' ~ll) 0:: CO <('" Q. <(0:: <(0 a a:: o ~ J.Jl'!!: L1 L2 L3 L4 L5 LINE TA8LE lllliill:I. 25.01' 10,00' 7,11' 3,00' 2,00' 8EARING N 89'34'58" W N 89'56'53" E N 45'23'09" W S 89'56'5J" W S 89'16'29" W t5 ... <:1- ~~ "C~ '" >-.", - ... -J~Lu l<J"'t Ll6- ~"'~ QC'" ~a 0 0<: 0 Q'" + o 10 '" '" Q ;- SOUTHERL Y PROPERTY LINE FIRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG. 2800 T,C,E, = TEMPORARY CONSTRUCTION P,O,C. = POINT OF COMMENCMENT P,O,B, = POINT OF BEGINNING R,O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: -IGJ l<J", ~i[ <(0 Q'" Q o o + o o '0 '" <0 o 0 o "- it ~ '" . Fi '" ,. o o <: - .,; <0 ~ ~ . a ;oj ;., (3 ,. 0 0:: ..... 0 ;;:: <: ~ 0 <( 0: CO '0 ~ 0 0 0 .,; Z - '" '-' ;:) 0 Ll 00> ~" -II') 0'" 0' :r:<':> LlQ VJ " ....1') VJ~ l<J1') 0:: Llti WO (Jj -..> :'J .:68 CI:)+:Q o 0.: 10 ,co LL,Ll- fO:zC\l i2;;0 i=:oQ ~i=: " -<("I- clO CJz:::J ;:) @o . la..0:: o ~ __k ",0 i-)oi "", . <0 8'" <: 'l:' c:i I '" >- I --J I ~ ~ (!) <: w I=: '" <: 13 i3 '" ... en >- 8 ~ .,; ll:: '" '" '" lli- -II') ij. l<:~ 0::"1-" VJ"I- l<J"I- -I 0::0: <(. :r:o Ll o o + ... '" L1 1'K21L BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS'1:3'EING N,OO'4J'J!" W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 DESCRIPTION: PARCEL 827 CLIENT: COLLIER COUNTY TR ....~ :::: GNOLI ..... ::::: ARBER & ......13 ...... ...... RUNDAGE,utC. Professional engineers, planners, &: land surveyors CoWer Co_V: Suit. 200, '1.-00 Tamtamt Trail, Northl Mepl... rL 1410a (230)617-:U 11 t.. co_tp 0"0 c-aut "ad, SUIt. 1031 80alt4a 1prlIlp, n. 141116 (230)948-103 c.unoet. of AuUlori...Uo. No.. us HM ..... IS .... POI (",,)He-DOl BY: : ACKNE, P,S,M, NO, 5606 SCAlE:, 1" - 150' DATE: AUG, 31, 2005 DRAWN BY:~ PROJECT NO.:8081-CBR ACAD NO: 9073 SD827 FILE NO: 9073 EXHIBJT A Page 51 of (01 IOc SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ 126+00 0 It) II DA VIS BOULEVARD . -1S;..R__ 84) (7~ ~,O, W,) N ~ 0 LJ L3 -J (3 0 ----0 U) + <0 ~ ~ PARCEL NO. 827 PROPERTY OWNER: FLORIDA APARlMENT CLUB NAPLES REFERENCE: O,R, 2852. PG. 1054 AREA OF TAKE: 0.28 ACRES % PERPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT ~ -J 0.. <>: <:"" COlt) ::>0 -J- U, f-0 <:0.. lLlt'J' ~lt) 0:: CO <>:('oj 0.., <>:0:: <>:0 a ~ it LINE TABLE Lllif L/J'1Qlli BEARING L1 25.01' N 89'34'58" W L2 10,00' N 89'56'53" E L3 7,11' N 45'23'09" W L4 3.00' 5 89'56'53" W L5 2,00' 5 B9'16'29" W COUNTY BARN ROAD STA. 117+30.67 = DAVIS BLVD, STA, 128+82,50 130+00 132+00 ,-- "'-' "'01 <00 ~g I bl 10 <0( 0 ;;Ol- d a ~~ 0 ... 0 '" C!5 r--.o~ + .... "' 0:: ...... ('oj ,..'<n :: . :t' T"-:<(~ Pi <: 0' -J'" ~ 0:: lLJol:: <>: ~\ U(!5- 0 CO ll:o::f;:! 0 <>:0:::> en t Cl..w <nO <: CI 0<: ::> I 0.<0( 0 0 0 0 a u \ 0:: + 0 0. N ori :: '" "''"' I "'0 , trio "'d \ I- +'" bl~ r--.<O(~""" . ('oj<:UJ+I 0 '" - co =<:!Q<n 0 ~ ori 3:: I 0::: lu + to '" ,..Jol.a.ia:: a ~ ~ --~ I ~iiJ~~ :: !'>. "' ",0> \ 3:: ...on 0::<n-JlX) . . b~ <>:01':", ;;; ;;; 0 0..0.:::>0 ;.., ;.., 2: ~Cl'- ". ". 0.<: 0 0 UJ <0( 0 0 ",.-' <: L5 en Z "t;8 GJ 0>..; 0 +", <n 0 <0( rf;t tlJ ,.. I ~. ~ ~ '" 0:: , L ... d ill r--...ll.! -I"') t:). ~() 0> <:0:: r--...J-,: to 1':'" -JiiJ "' <n-' ~~ . ~~ ;;; <n 0::0. 8~ \l! <>:0 Cl..:J: + b <0 0 ~ en u('oj ..J~ ..J('oj U)l;,:j ~o.. a " - ffi~ ::;1") a' ,,0:: '"'0 f- ~ U) ,"" \=:u 0.. <: ,. <>:-'"' COJ:o.. Ur-.: <:0::<0 i'5~"" ffiu ' '" 0:: .... 0 SEA CREST SCHOOL INC, O,R, 3219. PG. 2683 #.fA TCHUNE SEE SHEET 1 OF J EASEMENT J:iQre. BEARINGS ARE EiJ.ASED ON THE SURVEY BASELINE OF COUNTY BARNR(jA{):AS'~F:INGN ,00'43'31" W. LEGAL DESCRIPTION AND SKETCH SHEET :2 OF 3 DESCRlPl10N: P ARCEL B~7 CLIENT: COLLIER COUNTY TRAN?PORTA TIOW DIVISION T.C.E. = TEMPORARY CONSTRUCTION P.O,C. = POINT OF COMMENCMENT p.O.e. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPl10N AND SKETCH PREPARED BY: ..... .... .... ..... ..... ..... ...... :::::: UNDAGE,DfC. Profel!ll!llonal englrieen, plannen, & land l!IurVeyon CoW.. Co_t71 8'u..lte lOCI, noo Tamlami TraD, Northl Nap1_, n. 14101 (DtI}Dtl7-1111 1M Coaat,r. IIHCI c-aat ...... 8'u..lte 1011 Inlle.~, n. 14ll16latl)Na-eu, c.riltllIlll.ta of .lathortllll.UIIa N_ UI IllN .... iii ...... 'am al)l&l-aOl BY: GEOR .M. NO. 5606 SCALE: 1" - 150' DATE: AUG 31. 2005 DRAWN BY:.-lAl:L PROJECT NO.:8081-CBR ACAD NO: 9073 sD827 A FILE NO: 9073 EXHIBIT A page..g of Co 1 "'r; ~ ; ,i .!J.ViU SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEASTERL Y CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF COWER COUNTY, FLORIOA, SAID CORNER LYING ON THE WESTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (100' R,O,W.); THENCE NORTH 89'34'58" WEST ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET; THENCE LEAVING SAID LINE NORTH 00'43'31" WEST ALONG A LINE 25.00 FEET WESTERL Y FROM AND PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R,O. W.) A DISTANCE OF 706,30 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 1565.11 FEET; THENCE LEAVING SAID LINE NORTH 45'23'09" WEST A DISTANCE OF 7.11 FEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 30,00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 620.05 FEET; THENCE LEAVING SAID LINE SOUTH 89'56'53" WEST A DISTANCE OF 3.00 FEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 33,00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 256.82 FEET; THENCE LEA VlNG SAID LINE SOUTH 89'16'29" WEST A DISTANCE OF 2.00 FEET; THENCE SOUTH 00'43'31" EAST A ALONG A LINE 35.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WAY LINE OISTANCE OF 693,22 FEET; THENCE LEAVING SAID LINE NORTH 89'56'53" EAST A DISTANCE OF 10,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.28 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, PlRPETUAL, NON-EXCLUSIVE DRAINAGE AND UTILITY EASEMENT ....!J\ ::::C\.GNOlJ .....0 :::;;UARBER & ......13 ...... ...... RUNDAGE,trfc. Professional engineers, planners, & land surveyors CoUtu CoWloty: swt. 100, 1400 TlUlltami Trail, Ncn'Ua1 !'fa"I... n. Souoe (2311)107-1111 Le. Cowatr. "110 C_I1U\ hall. 8uJt. In: BoIlita Sprlap, n. MIIll (nll)HI-HO:S c.runaa... of .luthort...UOIlo Ko.. Ul HM DId D HI4 Fu: (.'I)Me-aloa LEGAL DESCRIPTION 'AND SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 827 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION rHIS lEGAL DESCRIPTION AND SKETCH pREPARED BY: BY: GEORG W:' SCALE: N. T.S. DA TE: AUG. 31, 2005 DRAWN BY:~ PROJECT NO.: 8081 CBR ACAD NO: 9073-SD827 A FilE NO: 9073 IOC EXHIBIT A Page..22.. of I p J PERPETUAL, NO~j-{:XCLUSIVE ROAD RIGHT .QF-WA Y, DRAINAGE AND UTILITY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 128 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSIllP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET ..!....OF J.. ~ l;l~ R/W Uf1IJ R/W U,.. ------------------------------- e Ex, R/W FOR COONTY BARN RON) (CR. 268J (WIDTH VARlESI COUNTY BARN ROAD (C,R. 268) ~----- ----_--P(!!.~ rEX/STING DRAINACE, --.1 _UTILITY E.ASEI/E.NT ---- ---~----------- PROPOSED ORA/NACE, UTILITY EASEI/ENT LEClL DESCRIPTIOH . PARCEL NO. 128 THE UST 50 FEU CI THE .51' loa FEU Of' THE FOlLOWING DESCRIBEO PROPERTY. THE SOUTH I 12 OI! THE HMTH 112 Of' THE SE r 1'4 OF' THE HI' '1'4 or S[CTION '0 TOIlf$HIP ~o SOUTH, RAllO[ 26 EAST, COLLIER COUNTY, FLORIDA. ill ~ ~ ~ ~ EDEN INSTI11JTE FOUNDATION INe, FOLIO NUMBER: 00403400003 O.R. 3364, PG, 2186 \l! ~ t ili ~ i LEGEM,. AIW . RIGHT OF WAY LS . LAND 5URV[YQft LB . L [CENSED ElUSIJ€SS P.8. . PUT BOOk PO. . PAGE PSM . PROFESSIONAL SURVEYOR' IMPP[R C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD EAST PROPEHTY UNE ~American ~'a Consultlng Engineers of Florida, LLC 4111 Land 0' Lake! Blvd. Suit, 210 Land 0' Laku, Florida 34$39 Phona: (813) 996-2800 Fax: (813) 99!-1908 Cartlflcata of Author/zatlon No. 7110 JOEL C.IldiEE. PSII PROFESSKJItM. SlJR(ErM NtD MAPPER FUJRIDA CERrIFICATE NQ, 64JO COl.Ll1lR COUNrr DBPARTMENT Of' 77MNSPORTATION DRAWN BY. JCM CHECKED BY. SP DRAWINC DATE. 08-18-05 SCAL.E_ 1"'/00' EXHIBIT-L P8~ 5 f{ , of-.iQl J.I.\:.:;JL PERPETUAL, NON. EXCLUSIVE DRAINAGE AND UTili IV ,::ASEMENT PROJECT NO. 60101 PROJECT PARCEL NO, 829A LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST SHccT 1.. OF 1.. , 50' , ll!!l~ R/W Um R/W Une e /IV FOR SW ~ OF THE 1M ~ OF SECTION B COUNTY BARN RO/>lJ (CI/.268) SE ~ OF THE 1M \I, OF SECTION B !WIDTH VNiIES) LWEST PROPERTY' LINE 8< EASTERLY R/W LINE OF COUNTY BARN ROAD ICR, 268) -- - -- -- COUNTY BARN ROAD (C.R 268) PROPOSED DRAINAGE, UTILITY EASEMENT LECAl DESCRIPTION. PARCEL NO. 829. EXISTING DRAINAGE, UTILITY EASEMENT R/w- Une ----- - ~ --------------- THE EAST 10 FEET OF THE WEST 100 FEET OF THE FOLLOWING DESCRIBED PROPERTY, THE NORTH I rz OF THE NORTH 1/2 Of' THE SE I/~ OF THE NW 1/4 OF SECTION 8. TOIINSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA. !lj ::J ~ ~ ~ SEACREST SCHOOL INC. FOLIO NUMBER: 00403400003 O.R. 3163, PO, 2379 !lj ::J ~ ~ .. 1 SE ~ OF THE 1M ~ OF SECTION B SW ~ OF THE NE ~ OF SECTION B r;~~nr:':I~~~~~e~rs of Florida, llC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34839 Phone: (813) 998-2800 Fax: (813) 996~190B Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PlAT BOOK PG. . PAGE PSY . PROFESSiONAl SURVEYOR a UAPPER C.R. . COUNTY ROAD D.R. . OFFtCIAL RECORD COLLIER crJUNTY DEPARTMENT OF 7'RANSPORTA.770N DRAWN BY, JClA CHECKED BY. SP DRAWING DATE. 08-t8-0S SCALE. 1"'100' EXHIBIT ---d- Pa~S5 of G I 100 tf 1V>~~_ETUAl. NON-EXCLUSIVE ' --~E AND UTJUry EASEMENT PROJECT NO. 60tOl PROJECT PARCEL NO. 829B LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUlE, RANGE 26 EAST COLLIER COUNTY, FLORlDA SHEET .L OF .L t 50' I ~~ R/W Uns RIW_ Ex.RIW FOR o COUNTY BN/N ROKJ ICR. 268) Q (WIDTH VARIES) IN( ~ OF THE IN( ~ OF SECTlO~1 NE ~ OF THE IN( ~ OF SECTION 8 WEST PROPERTY LINE & EASTERLY RIW LINE OF COUNTY BARN ROAD (C.R. 2681 COUNTY BARN ROAD (C.R. 268) RIW Uno ------------------ PROPOSED DRAINN;E. UTILITY EASEMENT '---1 --r I- I I L....__J e LEGAl DESCRIPTION. PARCEL NO. 829B THE EAST 50 FEET OF THE WEST 100 rEET OF THE FOLLOWING DESCRIBED PROPERTY, ~ ::i I:: 0: ~ '" THE SOUTH I /2 Of' THE SOUTH I J2 OF THE HE II" OF THE NW I'" OF SECTION B. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA. ~ SEACREST SCHOOL INC. FOLIO NUMBER: 00403040007 O,R. 3219, PO. 2683 ~ " I:: is ~ ~ ~ LEGEND_ Hilt . RIGHT OF w.y LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLA' BOOK PG. . PAGE PSU . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD D.R. . OFF (CIAl. RECORD r;.j ~n~~~~~~e~rs of Florida. LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakas, Florida 34639 Phone: (813) 996-2800 Fax: (813) 996-190B Certificate of Authorization No. 7110 Joel C. McGee, P.S.M. No. 6430 NE ~ OF THE IN( ~ OF SECTION 8 IN( ~ OF THE NE ~ OF SECTION 8 COLLIER CO{/NTY DEPARTMENT OF TRANSPORTA770N DRAWN BY. JCIA CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. t".roo' EXHIBIT A page!j{fl ofJ.eL IOC PERPeTuAL. NON-exCLUSIVE ROAD RlGHT..()F~y, DRAINAGe AND UTlUTY EA.SaelT PROJECT NO. 60101 PROJECT PARCEL NO. 130 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEa .L OF 1.. ~ ~L -- -~~---------------------------...!!!:!LJL"!. Ex.R/Yr rOR CCVJfT)' BARN RO,I.[) {CR. 2581 (WIDTH VARIES; --'C~~:~E~:~:::'- UTlLfrY EASEMENT hW!4 of f!le NW ~ OfSr1Cf/on8 NE}t4 or/he!(;(~ ofS/!/Ctlot/8 WEST PROPERTY LIRE & EASTERlY R/W l.INE OF COONTY BARN ROAD IC.R. 2581 COUNTy BARN ROAD (C,R. 268) --~ ---- R/W u~ -------- R/W UIle ~ ~ ; BEREANBAPTISTCURCHINC. ~ ill FOllO NUMBER: 00403360004 ~ ~ O,R. 467, PG. 472 ~ ~ ~ ~ ~ LEGAL DESCRIPTION - PARCEL 130 THE EAST 50 FEET OF THE WEST 1,00 FEET OF THE NORTH ONE HALF (N 1/2)OFTHE SOUTH ONE HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA EAST PROPEffTY UHf LEGEND I RIW . flIGHT'" W"Y LS . LIJ.lD SURYEYOR LB . LICENSED BUSINESS P,8"Pl.ATSQOlI; PO. I PAGE PSW: . PROFESSIOHAL SURVEYOR a WoI.PPER C.R. . COUNTY ROAO a.R. . OfF leu.1,. RECORD ~/~~ Y 0-.. EXHIBIT A Pa~ 57 of w l ""':rt I' ;P PERPETUAL, NOH-EXClUSlVE ROAD RIGHT-oF-wAY, DIWN&fJ[ AND UTlUTY EA8EIIENT PROJECT NO. 60101 PROJECT PARCEL NO. 131 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSlllP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET J... OF .L ~ li!l~ I !I i ~ -------------_f__ ~" RIW -l.!.."L--_______________~1.f~___./ EIt. RIW FOR COO BARN ROAD (CR. 2fi8J rwforH VMfESI fN( ~ of tho IN( !4 of Section 8 HE ~ of the NW V... of Secflon 8 WEST PROPERTY LINE & EASTERLY RIW LINE OF COONTY BARN ROAD (C.R. 2681 COUNTY BARN ROAD (C,R268) EAST PROPERTY UHf ..L , ~ , ~ I ~ " i:j '" ~ , ~ ,~ ~ I~ ~ , ~ , ~I .., "' ~ ~ ~i i , , I , , I , , I , '" ~ ~ ~ ~ COLLIER DAVIS LLC FOLIO NUMBER: 00403880005 O,R, 3391, PG, 2162 LEGAl DESCRIPTION. PARCEL NO. 131 THE EAST ~O FEET OF' THE EST 100 FEET OF THE FOLLOWING DESCRIBEO PROPERTh THE'" -OF' THE HE -OF' THE NW_OF SECTION '0 TOIIISHIP SO SOOTH, RANG[ 26 EAST, COl..L1ER CCUNTY, FLORIDA, LESS AND EXCEPTING THEREFROU THE NORTH T! FEET THEREOF'. ~ R,. . RIGHT Of' WAY LS . LAHD SURvEYOR L8 . LICENSED BUSINESS P.8.. PUT BOOlt PO. . PAGE psy . PROFESSIOHAt. SURVEYOR a YiPPER C.R.. COUNTY ROAD O.R. . OFFICIAL RECORD ~~L~~~~~~o~" of F'o.Jdo, LLC 4111 Lllnd 0' Lllku Blvd. Suite 210 Land O' LIkes, Florida 34639 Phon,: (813) 998-2800 Fax: (8f3) 996-1908 Cartlf/c.te cf Authorli(et/cn No. 7110 .xJE.LC.IlcGEC.PSJ1 PROFESSIONAL Sl/IWErOR MID IJ*PER FUJRIDA CERTIFICATE 110. 64JO COl.LIBR COUNTY DBPARTMBNr Oi' 7lUNSI'aI1TA 170N DRAWN BY I JCW CHECKED BY I SP DRAWING DATE_ 08-18-05 SCALE_ 1".100' SECTION 8, ~ 8 N~ o ~ FOUND 4-X4 CONCRETE MONUMENT STAMPED MIl 03+00 /l1 ~. ~.~ SAND BAG HEADWA(.L (FAILING) 5.71 fNV. (WITNESS CORNER) FOUND 4X4- CONCRETE MONUMENT STAMPED LS 1543 PRM SOUTH 30.21' EAST 0.36' WOOOMERE: LAKE: CLUB C.B. 28. PG. 3B $OUTH[RL~J 30' I SDO'4:J'2J"E JO.01' 'r'r1TNESS CORNER SET !" IRON ROD STAMPED "ABa INC LB .3664" FOUND 4-X4 CONCRETE COLLIER MONUMENT TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PARCEL 132 PROPERTY OW'/llER: PANn-IFR KEY LLC REFERENCE: O.R. 3720 PG 90 BENCHMARK CBR-7 N 652001..32 E 416581.87 1 [LEV = 9 40 08+00 , EXHIBIT A page.M.. of 10\ r ;., SIMPlE INTEREST ~ ~ d ~ '" BENCHMARK caR-6A N 6514-0.3. 76 .... E 416588.00 5: [LEV. = 9.94- e 84+00 8MOO S&+OO 117+00 . COlJ/iTY ,BARIl ROAD __ ~ r (100 :o.Wo) SUR\I[~ BASEUNE ~ ~ . '~"i> og./JIJ .'" "> ., .'\~ ", FOUND ~.. IRON soOnl'1B"E 29.80' ROD SGA NORTH 0.34' WEST 0.16' "", '", '> '.. ~ > .~ ...... Q. a CONTROL STRUCTURE CONTROL ELEV. = 7.05 , ::' .~ "" ~~ .or...... ."''''''''' IOc FOUND i'"/RON ROD RWA NOR7H 1.49' It'EST 0.19' CONTROL STRUCTURE CONTROL E;LEV. ::= 6.98 (ABANDONED) PANTHER KE:Y LLC (),R. 3720. Pc. 90 5.02 INV. Cl/A THAll SQUARE: DE:Vfl.OPlIE:NT CORP D.R, ,...... PC. 2121 '. "", 'or~ .or~ .. 'or..", iii OF THE: si OF THE: si OF THE: SE:l OF THE: SW l OF SE:CI1ON 8. 13OS. R26E:; LESS THE: IlE5T SO' FE:E:T AND THE: SOUTH 3C' FfIT. ,. "", ~.. .or...... CONTAIN/NO 4,36 ACRES (,J,) '.,. SET i" IRON ROD STAMPED N ABB INC LB 3664'" " .. -#", '... .~ .... "'f-t,. "., .4'{p "'f...o .... .or",..... PANTHER KE:Y LLC O.R. 3720. PG. 90 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 132 CLIENT: COLLIER COUNTY TRANSPORTAllON DIVISION BOUNDARY &: TOPOGRAPHIC SURVEY OF ALL -mAT PART OF -mE SOUTHWEST 1/4 OF SECTION 17 TOWNSHIP 50 NOR-m RANGE 26 EAST, COLUER COUNTY FLORIDA NOU ER & .1 UNDAGE.-. Profellllional englnelll'll, plaIlllllnl, ok land lI\ll"TlI)'Ol"Il r:.-~~--:....-:t:: "='11l1c--=:::::::~:: l=~ CM1fIMUDl~_U1_""II_ r-l____ BY: GEORGE W. HACKNEY, P.S.M. NO. 5606 SCALE: 1'" = 100' DATE: JAN 9 7006 DRAWN BY:---IB.A PROJECT NO.: BOB1-CRR ACAD NO:~ F1LE NO: 9325 EXHI~T A Pa~b of&;r 10'.0 t, rL SIMPUi INTEREST SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PARCEL 132 PROPERTY OWNER: PANTHFR KEY LLC REFERENCE: O.R. 3720 PG. 90 LEGAL DESCRIPTION OF PARCEL 132 ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIOA, BEING MORE PARTICULARLY D,"SCRIBEO' AS FOLLOWS; , THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8 LESS THE WEST 50,00 FEET THERE OF FOR COUNTY BARN ROAD RIGHT OF WAY PURPOSES AND LESS THE SOUTHERLY 30,00 FEET THEREOF, CONTAINING 4,36 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNOLl, BARBER AND BRUNDAGE, INC, PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS GENERAl NOTFS' 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURVE: DIMENSIONS ARE AS FOLLOWS: D. = DEL TA ANGLE, R = RADIUS, A = ARC DISTANCE, CH = CHORD DISTANCE AND CHB = CHORD BEARING 3. P.O.B. = POINT OF BEGINNING. 4. P.O.C. = POINT OF COMMENCEMENT. S. BEARINGS ARE BASED ON ill&!iQ . ~ SET IRON ROO/CAP @ ~ FOUND PK NAIL & DISC [)] ~ IRRIGA nON CONTROL BOX !iJ ~ WA TER METER /[JJ ~ UNITED TELEPHONE SYSTEMS RISER ... ~ WATER VALVE . ~ BACK FLOW PREVENTER :{.11 = CLEANQUT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 BOUNDARY &: TOPOGRAPHIC SURVEy OF ALL THAT PART OF DESCRIPTION: PARCEL 132 ~E ~~UTHWESk~triE ~6 Sf~~T~Nc6~ul~~6~~JOFL~~~~ CLIENT: COLLIER COUNTY TRANSPORTA nON DIVISION . NOU BY: . UNDAGE.-. ProtMlliona! e~en, plaMlem, ok land. lrUl"ftyon ~~~=,~llI;-'==:::::::=::~ _....&a~II...Y_...D_ hmC_IIM-_ GEORGE W. HACKNEY, P.$.M. NO. 5606 SCALE: 16 laO' DATE: JAN 9 7006 DRAWN BY:---.IBA PROJECT NO.: 8081 CRR ACAD NO:.aJ2..5..8.S. FILE NO: Q325 EXHIBIT-L ~ 00 of.iaL TEMPORARY DRIVEWAY _.\mATlON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION>> """'''' ,'("""- I J PROJECT NO. 60101 PROJECT PARCEL NO, 761 SHEET .LOF .L , 30' , LEGAL DESCRIPTION AND SKETCH ~ ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSW . PROFESS I ONAl. SURVEYOR a MAPPER C.R. . COUNTY ROAD O.A. . ~FICIAl. RECORD W ROPERTY LiNE LEGAL DESCRIPTION - PARCEL NO. 761 ~ ... THE WEST 19 FEET OF EAST 44 FEET OF THE NORTH 20 FEET OF A PARCEL NOW OR FORMERLY OWNED BY HARRY AND MARTHA BICKFORD BY DEED OF RECORD tN O.R. 223t, PAGE 1300 OF PUBLIC RECORDS COLLIER COUNTY, FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW 1/4 OF THE SW I /4 OF SECTION 8, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. I:: 0: Ie ~ ~ ~ HARRY & MARTHA BICKFORD FOLIO NUMBER: 00406600305 O.R. 2231, PG. 1300 ,iXISTlNG ROAlMAY. DRAINAGE ~ UTILITY EASEMENT /9' TEMPORARY DRNEWAY RESTORATION EASEMENT ,-' I I I I 1 I I R/W LIne RIW FOR b COUNTY BARN ROAD IC,R, 2681 " !WIDTH VARIESI \. EAST PRO~E~TY LiNE & WESTERLY RIW LINE DF COUNTY BARN ROAD ICR, I I I I I I I I 1\:1 l:;j II:: I 1:5 I~ 10: 10: I" I~ 26' I ~ 1 I I I I 1 I I 1 I I I I I I I I I 1 I I I 1 I I I I I I I I I I 1 I I I I I I i I I I " \.. ,/ / , I I I I I , t-..... I ~L I( I I :l I I , I IW Lne 1M ~ DF THE SW ~ OF SECTION 8 NE ~ OF THE SW ~ DF SECTION 8 2681 COUNTY BARN ROAD (C.R. 268) 7//W' n. ~'~n~I~~~~~.~rs of Florida, LLC 4111 Land 0' Lakas Blvd. Suite 210 Land 0' Lakes, Fforfda 34639 Phone: (813) 996-2800 Fax: (813) 998-1908 Certificate of AuthorIzation No. 7110 Joel C. McGee, P.S.M. No. 6430 COLLIER COUNTY DBPARTHBNT OF TIlA.NSPORTA770N DRAWN BY, JCM CHECKED BY. Sp DRAWING DATE, 08-18-05 SCALE,I",60' PROJECT NO. 60101 PROJECT PARCEL NO. 762 IOC EXHIBIT Il ~ ~i Of-id TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURAT1ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SHEET 1.. OF 1.. I 30' I LEGAL DESCRIPTION AND SKETCH ~ L...--- TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I I I I I I I I I I I I I I I I I 26' I ~ I I I I I I I I , / / I -----1-/ I I I I I I I , I , I I I I I ~ \.. ::J I:: <l: ~ / ~ / , ~ : I I , L-- I ~L H / ~ ( '/9' TEMPORARY DRNEWAY I RESTORATION EASEMENT LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PO. . PAGE PSU . PROFESSIONAL SURVEyOR 8 MAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD WEST PROPERTY UNE JONATHAN GIFFORD FOLIO NUMBER: 00406200006 O.R. 842, PG, 1888 LEGAL DESCRIPTtON - PARCEL NO. 762 !,:! ::J I:: is ~ ~ ~ THE WEST 19 FEET OF EAST 44 FEET OF THE SOUTH 35 FEET OF A PARCEL NOW OR FORMERLY OWNED BY JONATHAN GIFFORD BY DEED OF RECORD IN O.R. 842. PAGE 1868 OF PUBLIC RECORDS COLLIER COUNTY. FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 1/2 OF THE NW t /4 OF THE SW I /4 OF SECTION 8. TOWNSHtP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. r EXISTING RONNiI>Y.DRNNNlE ------1- & IffIUTY EASEMENT \. E;' PROPERTY UNE & WESTERlY R/W UNE OF COUNTY BARN RON) (CR. 2681 R/W Une R/W FOR b COUNTY BARN RON) (CR. 2681 Q !WIOTH VARIES) 11?\l' 118 NW ~ OF THE 5W ~ OF SECTION 8 NE ~ OF THE 5W ~ OF SECTION 8 COUNTY BARN ROAD (C.R 268 ~~n~I~~~~~e~rs of Florida, LlC 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes. Florida 34/539 Phone: (813) 996-2800 Fax; (813) 996-1908 Certfflcate of Authorization No. 7110 Joel C. McGes, P. S.M. No. 6430 DRAWN BY, JCt.l CHECKED BY, SP DRAWING DATE, OB-IB-05 SCALE. 1".60' COLLIER COUNTY DBPARTMENT OF TIlANSPORTA170N lOE MEMORANDUM DATE: March 10,2006 TO: John Curran, Purchasing Agent Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Dept. RE: Contract #06-3941 "Tamiami Trail- (US 41) 16" Water Main Upgrade" Contractor: Akerman Construction Co., Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #10E), approved by the Board of County Commissioners on Tuesday, February 14,2006. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) ~.~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 0 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should bc hand delivered to the Board Office, The completed routing slip and original documenls are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (tine #5), Route to Addressee(s) Office Initials Date (List in routing order) . 1. 2. 3. " ,,^ L. 4. Colleen M. Greene Assistant County Attorney CM(U'V Il~ 03/1 0/06 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary John Curran, Purchasing Agent Phone Number 417-6098 Staff Contact Agenda Date Item February 14,2006 Agenda Item Number 10E was App~oved by the BCC Type of Document Contract #06-3941 "Tamiami Trail- (US Number of Original Five (5) Attached 41) 16 "Water Main Upgrade" Docwnents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 1. Original docwnent has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG docwnent or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on Februarv 14. 2006 (enter d ate) and all CMG changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. CMG I: Fonns/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 lOE ITEM NO.: '$ FILENO.: PIZt.- ~at ~ ~ ~ ROUTED TO: 0 {;, -~ OOIfI:2- ~ ~ DO NOT WRITE ABOVE TIDS LINE -\r1 I;''''.' ;'i( /.... '-'(JUIYr' '-"/... (;1, Y lil'- I t1( DATE RECEIVttiPfl', IORiVl-~~ cB 28 i...' . PI1 /: 52 REQUEST FOR LEGAL SERVICES Date: February 27,2006 R:obClt Za~llary (] ~~ Assistant County Attorney John Curra,J;; Purchasin~ent 239/417-6098 To: From: Re: Contract #06-3941 "Tamiami Trail-(US 41) 16" Water Main Upgrade" Contractor: Akerman Construction Co., Inc. BACKGROUND OF REQUEST: ~ [!pst ~lScJ06 0\\O\cW OTHER COMMENTS: This contract was approved by the BCC on February 14, Agenda Item: 10.E This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. lOE Memorandum DATE: February 27, 2006 FROM: Sheree Mediavilla, Senior Analyst Risk Management Department John Curraao Purchasin(igent l, TO: RE: Review ofInsurance for: 06-3941 "Tamiami Trail-(US 41) 16 Water Main Upgrade" Akerman Construction Co., Inc. This Contract was approved by the BCC on February 27,2006, Agenda # 10.E Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 417-6098 cc: Sandy Sridhar, PUED OATf RECEIVED FEe 2 7 2006 tUSk H/.wJv:iEHfNl IOE .. <.; Tamiami Trail- (U.S. 41) 16" Water Main Upgrade COLLIER COUNTY BID NO. 06-3941 COLLIER COUNTY, FLORIDA Design Professional: Johnson Engineering COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 lOE TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Johnson Engineering and identified as follows: ''Tamiami Trail- (U.S. 41) 16" Water Main Upgrade" as shown on Plan Sheets 1 through 20. EXHIBIT N: Contractor's list of Key Personnel EXHIBIT 0: Stored Materials Records lOE PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Tamiami Trail- (U.S. 41) 16" Water Main Upgrade COUNTY BID NO. 06-3941 Separate sealed bids for the construction of Tamiami Trail- (U.S. 41) 16" Water Main Upgrade, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 3rd day of February, 2006, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 11:00 a.m. LOCAL TIME on the 12th day of January, 2006, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via email toJohnCurran@Collierqov.net. No questions will be accepted after January 20th, 2006 @ 3:00PM. All questions will be answered in an Addendum that will be issued on January 24th, 2006 via email to all plan holders. The Engineer's Estimate for this project is Three Million Five Hundred Thousand Dollars ($3,500,000.00). Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Tamiami Trail - (U.S. 41) 16" Water Main Upgrade, Bid No. 06-3941 and Bid Date of February 3, 2006". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-14) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $50.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers. FL 33916 GC-PN-1 Mar709-06 13:27 From-Call illr County Purchasini 239 732 0844 T-952 P.002/005 F-716 lOE Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications_ \It) The Successful Bidder shall be required to finally complete all Work within Three fl ~ Hundred (300) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 4th day of January, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /sl Stephen Y. Carnell Purchasing/General Services Director GC-PN-2 IDE PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner, Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-I B-1 IDE location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-I B-2 IDE Section 5. Sianlna of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5,7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-I B-3 IDE opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-IB-4 lOE Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-IB-5 lOE Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s} it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-IB-6 IDE subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it 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 from the date of being placed on the convicted vendor list." GC-I B-7 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 417-6098 FAX (239) 530-6596 lOE http://co.collier.fl.us ADDENDUM DATE: January 27,2005 TO: Interested Bidders FROM: John P Curran Purchasing Agent SUBJECT: Addendum # 1 - Bid #05-3941- "Tamiami Trail - (U.S. 41) 16" Water Main Upgrade Addendum #1 covers the following changes for the referenced Bid: CHANGE: Bid Opening date to read February 6. 2006 @ 2:30PM Delete: Pages GC-P-2 and Page GC-P-3 ADD: Attached pages GC-P-2 and GC-P-3 schedule Suppliers submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Technical Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of Addendum on Page WS-P-1 of the Bid Proposal. If you have any questions regarding the specifications, please contact Sandy Sridhar, Project Manager, Public Utilities Engineering Department, by tel 239-530- 5345 or by fax 239-530-5378 or email: SandvSridharCcv.Collierqov.net. cc: Sandy Sridhar, Project Manager lOE COLLIER COUNTY PUBLIC UTILITIES BID SCHEDULE U.S. 41 16" WATER MAIN REPLACEMENT FROM RATTLESNAKE HAMMOCK TO BAREFOOT WILLIAMS ROAD I HOD ITE M ESTIMATED EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE PRICE 1 Mobilization 1 LS 2 Maintenance of Traffic 1 LS 3 16" CL51 DIP LF 4 Gate Valves a. 16" Gate Valves 24 EA b, 8" Gate Valves 13 EA c. 6" Gate Valves 4 EA 5 Air Release Assemblies 6 Connect to Existin Water Main a, Connect to Existin 16" Water Main 1 EA b. Connect to Existin 12" Water Main 1 EA c, Connect to Existin 8" Water Main 13 EA d, Connect to Existin 6" Water Main 4 EA e. Connect to Existin 2" Water Main 8 EA 7 Vertical Deflections 3 EA 8 Sod 9,330 LF 9 Silt Fence 18,660 LF 10 Pavement Re air 1,150 LF 11 Curb Re lacement 1,800 LF 12 Grout Existin 12" Water Main 550 CY 13 8" Directional Drill 370 LF 14 8" 0 en Cut 1,130 LF 16 6" Directional Drill 80 LF 17 6" 0 en Cut 220 LF 19 2" Directional Drill 0 LF 20 2" 0 en Cut 330 LF 16" DR11 HOPE Direction Drill Water 21 Main 5,289 LF 22 Concrete/Asphalt sidewalk repair 1,500 LF ALTERNATE BID ITE M ESTIMATED EXTENDED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE PRICE 1 12" Future Connection in Median 2 12" Futute Conection S. Side of US-41 a. 12" Future Connection b. 14" Directional Drill 3 U size 8" Water Main a. 12" CL51 DIP 100 LF b. 14" Directional Drill 80 LF c. Grout Existin 8" Water Main 2 CY Bid Notes: 1. Contractor to follow the FOOT Standard Index 2004 or newer for the MOT details and The Traffic Control Plans frc Johnson Engineering (Exhibit I). Contractor to strictly follow the details of the Traffic Control Plans. 2. All bid items are work to be performed during daylight hours and per Traffic Control Plans designed by Johnson Engineering. Bid item No 22. is the additional lump sum cost to perform all work at night except directional drill work which shall be during daylight hours as much as possible while abiding to the Traffic Control Plan. 3. All repairs are to be done consistent with the FOOT specifications and the details are in accordance to the Design Standards for the design, construction and maintenance of the Utility Operations for the State Highway. 4. Backfill is incidental to pipe. Refer to the Geo-Tech report to determine the backfill needed, 5. It can be assumed that Asphalt is 12" thick, The contractor shall use the same thickness of the existing asphalt thickness or minimum thickness for the surface course as specified in the FOOT Specifications. This work shall be performed during the night time to the FOOT Specifications. 6. Engineering design details for the N-S driectional drill and for the pipeline installation at the Right-Of-Way are not available for the following locations: 53+00, 56+50, 60+60, 2" main @ 97+00 to 99+00, 107+00, 122+00, and 146+00. However, partial cross-sections for the locations are provided. 7. The damages to the Concrete or Asphalt side walk is to be replaced with concrete sidewalk. IDE 1. Replace the existing bid schedule with the attached revised bid schedule in its entirety. 2. The following items have been added to the bid schedule. · Alternate Bid Item 1 - Provide a future connection within the median at STA 70+35 consisting of 16"x12" Tee, 12 Gate Valve, and cap. · Alternate Bid Item 2 - Provide a future connection at the south right-of-way line ofUS-41 at STA 70+35 consisting of 16"x12" Tee, two 12" Gate Valves, one ARV, HDPE MJ reducer/adapters, and cap. The crossing ofUS-41 will be via 14" directional drill. · Alternate Bid Item 3 - Up size proposed 8" water main within the median from STA 143+45 to STA 144+45 with 12" CL51 DIP water main and replace 8" water main crossing US-41 with 14" water main. This includes two 12" Gate Valves, one 16"x12" Tee, 100 feet of 12" CL51 DIP, one ARV, HDPE MJ reducer/adapters, grout and abandon existing 8" water main, and 80 feet of 14" directional drill Collier County may elect, at its discretion, to use this alternate items in determining the low bidder. Bidders are advised that certain estimated quantities, line items, and units may have been modified. It is the bidder's responsibility to familiarize themselves with the bid form. 3. Prior to excavation, contractor shall mark all existing valves within the extents of the project and shall maintain accessibility at all times during construction. 4. Unsuitable material encountered during excavation shall be removed from the job site and replaced with suitable backfill material per Collier County Utilities Standard Manual from outside the job site at no additional cost to the County. 5. Identification Markers will be required on the water mam per Collier County specifications. 6. Per the geotechnical report, the rock found during excavation shall be removed from the site and replaced with suitable material at no additional cost to the County. Bidders are advised to familiarize themselves with the geotechnical report. 7. All night time work required for flushing, necessary connections shall be at no additional . cost to the County. Contractor may flush line in consecutive intervals. 8. It will be the responsibility of the Contractor to notify of no service to the affected customers. A complete list of the residents can be obtained through our Water Department. A point of connection will be given to the potential Contractor at JOE preconstruction meeting. 9. The quantity of days for completion of this project has been increased to 300 calendar days. 10. Contractor to bid median crossings and roadway crossings as directional drill per the plans. Jack and bore in lieu of directional drill may be entertained after award of bid if approved by engineer and results in a cost savings to the owner. ALL OTHER INSTRUCTIONS REMAIN THE SAME '~ IDE COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 417-6098 FAX (239) 530-6596 http://co.collier.fl.us ADDENDUM DATE: January 26, 2006 TO: Interested Bidders FROM: John P Curran Purchasing Agent SUBJECT: Addendum # 2 - Bid #06-3941- "Tamiami Trail - (U.S. 41) 16" Water Main Upgrade" Addendum #2 covers the following changes for the referenced Bid: Delete: Bid Schedule form Addendum #1 dated January 26, 2006. Insert attached Re-bid schedule. Suppliers submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc" to the Technical Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of Addendum on Page WS-P-1 of the Bid Proposal. If you have any questions regarding the specifications, please contact Sandy Sridhar, Project Manager, Public Utility Engineering Department at 239/530-5345, fax 239/530-5376, or by email to Sandysridhar@colliergov.net. cc: Sandy Sridar, Project Manager A-1 COLLIER COUNTY PUBLIC UTILITIES BID SCHEDULE U.S. 41 16" WATER MAIN REPLACEMENT FROM RATTLESNAKE HAMMOCK TO BAREFOOT WilLIAMS ROAD I HDD IDE ESTIMATED ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRI 1 Mobilization 1 LS 2 Maintenance of Traffic 1 LS 3 16" CL51 DIP 4 Gate Valves a. 16" Gate Valves 24 EA b. 8" Gate Valves 13 EA c. 6" Gate Valves 4 EA 5 Air Release Assemblies 20 6 Connect to Existin Water Main a, Connect to Existin 16" Water Main 1 EA b. Connect to Existin 12" Water Main 1 EA c. Connect to Existin 8" Water Main 13 EA d. Connect to Existin 6" Water Main 4 EA e. Connect to Existin 2" Water Main 8 EA 7 Vertical Deflections 3 EA 8 Sod 9,330 LF 9 Silt Fence 18,660 LF 10 Pavement Re air 1,150 LF 11 Curb Re lacement 1,800 LF 12 Grout Existin 12" Water Main 550 CY 13 8" Directional Drill 370 LF 14 8" 0 en Cut 1,130 LF 15 6". Directional Drill 80 LF 16 6" 0 en Cut 220 LF A-2 17 2" Directional Drill 0 LF 18 2" 0 en Cut 330 LF 16" DR11 HOPE Direction Drill Water 19 Main 5,289 LF 20 Cost to Perform Work at Ni ht 1 LS ALTERNATE BID ESTIMATED ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PR 1 12" Future Connection in Median 1 LS 2 12" Futute Conection S. Side of US-41 a. 12" Future Connection b, 14" Directional Drill 3 U size 8" Water Main a. 12" CL51 DIP 100 LF b. 14" Directional Drill 80 LF c. Grout Existin 8" Water Main 2 CY . TOTAL: d AIIN F'tt' LS Bid Notes: 1. Contractor to follow the FOOT Standard Index 2004 or newer for the MOT details and The Traffic Control Plans from Johnson Engineering (Exhibit ). Contractor to strictly follow the details of the Traffic Control Plans. 2, All bid items are work to be performed during daylight hours and per Traffic Control Plans designed by Johnson Engineering, Bid item No 20 is the additional lump sum cost to perform all work at night except directional drill work which shall be during daylight hours as much as possible while abiding to the Traffic Control Plan. 3. All repairs are to be done consistent with the FOOT specifications and the details are in accordance to the Design Standards for the design, construction and maintenance of the Utility Operations for the State Highway, 4. Backfill is incidental to pipe. Refer to the Geo-Tech report to determine the backfill needed. 5. It can be assumed that Asphalt is 12" thick. The contractor shall use the same thickness of the existing asphalt thickness or minimum thickness for the surface course as specified in the FOOT Specifications. This work shall be performed during the night time to the FOOT Specifications. 6. Engineering design details for the N-S driectional drill and for the pipeline installation at the Right-Of-Way are not available for the following locations: 53+00, 56+50, 60+60, 2" main @ 97+00 to 99+00, 107+00, 122+00, and 146+00. However, partial cross-sections for the locations are provided. 7. The damages to the Concrete or Asphalt side walk is to be replaced with concrete sidewalk. A-3 IDE OR""r,... L " . ~ G 111 A'. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tamiami Trail- (U.S. 41) 16" Water Main Upgrade BID NO. 06-3941 Full Name of Bidder AkefrY'4i\ COr)Jr~oY) (1. )L1e, Main Business Address 029/5 SH 74 S- Place of Businessi1A rY fJ { ( DK '1Z/)30 / Telephone No.l4()o)'5J.'7- /d3~ Fax No. (&)/5) 5;;n- 019;>' State Contractor's License # CLAC /), :;) t.j() C; 0 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number -It I .-rl- d Date Issued Contractor's ~IS .In I / d. 7/ Or;; I . 1/ ~0J D& Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 IDE COLLIER COUNTY PUBLIC UTILITIES BID SCHEDULE U.s. 4116" WATER MAIN REPLACEMENT FROM RATTLESNAKE HAMMOCK TO BAREFOOT WilLIAMS ROAD I HOD ESTIMATED ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PR 1 Mobilization LS '75 ceo. CO '75, CLU. Lu 2 Maintenance of Traffic 1 LS /50 SD (LO, 00 3 16" CL51 DIP r /'fJ. OIv. eo 4 Gate Valves a, 16" Gate Valves 24 EA b, 8" Gate Valves 13 EA c. 6" Gate Valves 4 EA 5 Air Release Assemblies 6 Connect to Existin Water Main a, Connect to Existin 16" Water Main b, Connect to Existin 12" Water Main 1 EA c. Connect to Existin 8" Water Main 13 EA d, Connect to Existin 6" Water Main 4 EA .DO e, Connect to Existin 2" Water Main 8 EA 7 Vertical Deflections 3 EA 8 Sod 9,330 LF 9 Silt Fence 18,660 LF 10 Pavement Re air 1,150 LF 11 Curb Re lacement 1,800 LF 12 Grout Existin 12" Water Main 550 CY 13 8" Directional Drill 370 LF 14 8" Open Cut 1,130 LF 15 6" Directional Drill 80 LF 1 ~OO. DO 16 6" 0 en Cut 220 LF 1/0. fX) (I,?(P. en A-2 17 2" Directional Drill 0 LF 18 2" 0 en Cut 330 LF 16" DR11 HOPE Direction Drill Water 19 Main 5,289 LF 20 Cost to Perform Work at Ni ht 1 LS DE () Y5tJ,a: III 13. m c1~ Cf'i) , cc ALTERNATE BID /5. 00 d, (7 DO ?5D ()(f), ill 7,5') I ( ;J.;;JJ, oc 3 J ~7le I JLf3. G"O ITEM NO. ESTIMATED QUANTITY UNIT DESCRIPTION 1 2 12" Future Connection in Median 12" Futute Conection S. Side of US-41 a, 12" Future Connection b, 14" Directional Drill U size 8" Water Main a, 12" CL51 DIP 100 LF b, 14" Directional Drill 80 LF c, Grout Existin 8" Water Main 2 CY 3 . TOTAL: d All N F"tt" 1 LS UNIT PRICE g7.QO l q D ,00 671),OD /5 i)d:" CO EXTENDED PR Y7CD ,OD IS- 'Jc() ct:J 1000. to t5000 DO 5 (CO, DO Bid Notes: 1, Contractor to follow the FOOT Standard Index 2004 or newer for the MOT details and The Traffic Control Plans from Johnson Engineering (Exhibit ), Contractor to strictly follow the details of the Traffic Control Plans, 2, All bid items are work to be performed during daylight hours and per Traffic Control Plans designed by Johnson Engineering, Bid item No 20 is the additional lump sum cost to perform all work at night except directional drill work which shall be during daylight hours as much as possible while abiding to the Traffic Control Plan, 3, All repairs are to be done consistent with the FOOT specifications and the details are in accordance to the Oesign Standards for the design, construction and maintenance of the Utility Operations for the State Highway. 4, Backfill is incidental to pipe. Refer to the Geo- Tech report to determine the backfill needed. 5, It can be assumed that Asphalt is 12" thick, The contractor shall use the same thickness of the existing asphalt thickness or minimum thickness for the surface course as specified in the FOOT Specifications. This work shall be performed during the night time to the FDOT Specifications, 6, Engineering design details for the N-S driectional drill and for the pipeline installation at the Right-Of-Way are not available for the following locations: 53+00, 56+50,60+60, 2" main @ 97+00 to 99+00, 107+00, 122+00, and 146+00. However, partial cross-sections for the locations are provided. 7. The damages to the Concrete or Asphalt side walk is to be replaced with concrete sidewalk, A-3 IDE MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. Hb~ 2. ~ 3. '~ HbFt 4. f1r:' J-I Dy~ 5. PC)\y'Plpe. NaJ.'b~ U\.Je.r ~y-k:) '\J " re1txnut,u ~.pe... "j J (Y1 mtU1u-0-C!o( I (\ J Dated J../3 J OtLJ BY: GC-P-4 IDE LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. CateQorv of Work ':r5Co - Fu.,:~. Subcontractor and Address 3. 15onn'f'6S XrC.. J Sc!..O - q~ {uutq- A v(:. 0.;u,' ')vll/e) K Y 40,)0'-1 GM/bSijskll6 t>t St-u ~1' (fJ.9/.r;t{ K, N:"e.~ '~f\:+t(.Spn~'w:p FL '3-ti3S 1'fC/o Sr'A,.D:ud fhJe... A1fJlt5 .FL ;)L/{Dt1 , 2. (~u..{ b .- C"nC-r-e+e... 4. 5. Dated .;)./ 3-J O(P GC-P-5 IDE STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. ~ee al+aeked 2. 3. 4. 5. 6. BY: Dated :J-!3/0(p GC-P-6 lOE . TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) L--F'f Unit (Quantity) Unit Cost Extended Cost 1. $halc $ox 2. 3. 4. /aQJ 7XJ 0'fifO:J eX) , 5. TOTAL $ ~i/ 'foGo- 00 Failure to complete the above may result in the Bid being declared non-responsive. Dated ~/3 J () ( p BY: GC-P-7 Mar-09-06 13:28 From-Coil illr County Purchasini 239 732 0844 T-9S2 P.003/00S F-716 IDE Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within Two Hundred and Fifty (250) consecutive calendar days, computed by excluding the commencement date and Ji1 including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Fifty (50) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of O!(fa-hontO- County ofY:r\c1t' fa..it'} ~-/-;!v'.e. Akl'f(M/) , being first duly sworn on oa h deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this ~onent is authorized to make them. 0fpAle.. Ak'b'"'rYtU) , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GG-pwS lOE (a) Corporation The Bidder is a corporation organized and existing Dk~l(Y)'\a... .'. ~hich ~erates under t:1k lYW"I L!<:>115fruftl irY\ ('0.) ,\ rY;> . officers are as follows: President <-Sf ev"E?- (-=\ kef mWl secretary~, rv.. Dk(~tr\ Treasurer under the laws of the State of the legal name of , and the full names of its Manager The ~tS'denf "S-kfi! /i/(rerrral/l is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 'r};u-~h ;)7 . (-11YX~ , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED legal entity GC-P-9 Yv-UP"1 ~ ~s , " - ~j,~ nl~ Wltn lOE BY: 6. 'L-1G, ure ~e61'd'€f)+ Title STATE OF Okhhornet... COUNTY OF m(!{'JI/(') The foregoing instrument was acknowledged before me this -orcl day of rebruo..r~ ' 2006, by ~.l/e A~rI'lClr\ , aSWt'~.tA~fi+ of llkilfn-. (lorlS.tr-i..lJ+,OY'\. (~. J :I:..nC-- , a Ckla.hor'YlCL corporation, on behalf of the corporation. He/she is(personally knowoJto me or has produced as identification and did (did not) take an oath. My Commission EXPires:(d/)JUJ )) / dO'O 7 ~O'!tliJ-. OFFICIAL SEAL NAME: PUBLIC Regina Nelson OS;>~~47 McClain County QrlA~ Commission Explrllli Jun. 12.2007 ---------... ~" ..--- ..-../ ~ '~.Ma,~1Ann (SI n ture of Notary) - /~;f1CL NelscY\ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Dl~ Commission No.: 0 3Uat;q ~ 7 GC-P-10 IDE BUSINESS CONTACT INFORMATION I j) AkeJ/YIW1 ('DnS-r(i(~+{in. (U,) ~e. (Firm's Complete Legal Name) Main Business cA /5 SH 7'-1 S (Address) r'~~p ({ 0'< 1~<gb (City, State~ Phone Noe L{(5) 5 dl-I';;' ~rd.. FAX No. l:iCfJ) fS;)i- 0\ 9 :"l Email address:.Skveake.rrvunCVa~tvW~O.COM () Gon~ame ~teJe. Ake-rmaYl Title P-S .d~+ **************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City. State, ZIP) Contact Name Title Phone No. FAX No. Email address: Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) (City, State, ZIP) Contact Name Title Phone No. FAX No. Email Address: GC-P-13 IDE THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COlliER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK liST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: 06-3941 ; Tamiami Trail- (U.S. 41) 16" Water Main Upgrade; February 3, 2006. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinQ date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET -(}Ylslru i'on (j. GC-P-14 lOE . BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Akerman Construction Co., Inc. (herein after called the Principal) and Westfield Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohio with its principal offices in the city of Westfield and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Conunissioners, Collier County, FL (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Tamiami Trail- (U.S. 41) 16" Water Main Upgrade Bid No. 06-3941 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Biddtng Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fIXed sum of $ 5% noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-11 lOE . IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 3rd day of February t 2006. ~~~~on BY - e -'7 ) / Westfie~d Insurance Co., Inc. Principal - (Seal) By: Shelli R. Countersigned Surety (Seal) Anthony apa, r. Licensed Florida Agent Local Resident Producing Agent for Westfield Insurance Company GC-P-12 CERTIFIED COPY lDE POWER NO, 352005204 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio . -~dneral Power of Attorney Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TRAVIS E, BROWN, GARY W, LILES. PATSY A. PAYNE, SHELLI R, SAMSEL, JOINTLY OR SEVERALLY of OKLAHOMA CITY and State of OK its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds. recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact, may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed thiS 27th day of JANUARY A,D" 2005 , .......'.......", Corporate ~"lli\,"UR.(~""'" Seals I'..~ ~""""",,.C4:'''' Affixed J ~/ - ..... CJ ", !~fSEXT \~J q~ : ..M.L i.,. \ ~~. I.~ \ .,. ...., "'" ..... ~I State of Oh;:~ County of Medina ss.: \"",""," \,..\\\\~\ONAL. ;""11 ...."'I';...........:}1<5' ",,_ .,:: 0.... ".~1> "0 nt \~ ~ ~I--: SEAL :m: \~.......................~5/ 11"""'III~lll\\"''''''\ . .~......~~......".......... ....... ....... ""011 ,..*..... - .....~'\ .:~.....IlUTE...IJ...ii : .... ,,1' lie.. i =9,: : = \~. 1848 /Ii ~ . .... .. .... .~...! ~ ....... ...... """"111' ,.''''........ "'f..t."'. WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Richard L. Kinnaird, Jr., Senior Executive On this 27th day of JANUARY A.D" 2005 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his naA2me thereto b...y like order. ;aL Notarial :I''''"''''.....,,, Seal ..,~ ~ \ Ito.l ...... Affixed h~~~.iiiiikt;.). I~&~r State of Ohio \.~)>. ~ %l..~ County of Medina ss.: ". .q .. o?- .' .........,.E: of' ~....... .......'.....1.....' William J. Kahelin, A rney at Law, Notary Public My CommiSSion Does Not Expire (Sec, 147,03 OhiO Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregOing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and eff~ct. In Witness Whereof, I n<l.ve hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 3rd day of February I-\,D" 2()Q6 .............w:,'.., ,"~~UR.(~''''', if ... Iii ......... CA",_ , .. "" .... '. .... " !;t/ - "'\Ct\ ! i4:f S't: X 'I \;~ ~~~ J:...IiU.I:-- ; ~~. !.~ ;, "". "'" ..'~ ""~';' ". ............... ~ ..............~./ ",,1111"', ....",. \ONAL ~""" .... "'1';\.........:}1<5' "'''' /S..... ...~1> \ : 1<); '.i.2. ~ :L:L: SEAL :0: \~...................../fJ l'fl,'."..j~'I""~"'" - .,.,.'U/I'II ..~...,.. \"su.;'~"'" " ....~,.'.... l.3/iii! .... _ ......... "!. ~#iT' .... i f :E!t'AUTE'tJi\~' ! -.. ;-.- \~\ 1848 .ili ~~ . ......::-....... .~...:-::: "''''''''''' ",............. '"'.......,, ".,--' LJ I ~;n.d"'et~ S<<M." BPOAC2 (combined) (06-02) -----"".'".,.'.._""..,,."''"."----_...._..~ lOE . MINUTES OF THE FIRST MEETING OF THE STOCKHOLDERS OF AKERMAN CONSTRUCTION CO., INC. Pursuant to notice (a copy of which is attached), a meeting of the Stockholders of the above corporation was held on March 27,2002 at 9:00 A.M. at the corporation's place of business. The purpose of the meeting: Initial meeting I. QUORUM. A quorum was declared present based on the presence of the following Stockholders: Steve Akerman The following corporate actions were taken by appropriate motions duly made, seconded, and adopted by the unanimous vote of the Stockholders entitled to vote. II. ACCOUNTING FIRM. The firm of Roger Cudd, CPA was appointed as the Corporate accounting firm. III. BORROWING RESOLUTION. The corporation was authorized to borrow such amounts as the President deemed advisable from various lenders based upon prevailing rates. A Borrowing Resolution was adopted and a copy is attached. The attached resolution states the names of the persons who are authorized to request loan advances. Only the following Officer(s): Steve Akerman IV. AUTHORITY TO DO BUSINESS AND EXECUTE CONTRACTS. Steve Akerman, President was given the authority to transact all business and negotiate, enter into, and execute all contracts on behalf of the Corporation. V. SECRETARY OF THE CORPORATION. Patty Melon Howry was appointed to act as Secretary of the Corporation and duly record the minutes of meetings. VI. NETX MEETING. The next meeting will be held on March 27,2003 at 9:00 A.M., at the corporation's place of business. .._~...<-,,----,....'''->''-'~ lOE . There being no further business, the meeting was duly adjourned. I!/J{ Ci:t~ 1':_ /, ~ Patty Me How ' -- Secretary of the Meeting ~-i~ (Seal) ~ 0000 -m !!1.~ ~~ ~~ ;;'<5 g ;c m ~ 5- <0 ;C <- ~ N ~ (D(D<OJ:OO ~c~(!)"C ~~'-~a :E ~~ iii ' 8-.-;::oS?o(; ~~~~~ CD-"o..nz ~ ~ ~ Q ISlN ~ fg ::l '" o ;C 0 ~ '- ~ ~: ~~ ~ g a.r2 ~Cf)g, (DO "'c: !iiO g::l~3<>m " 9 :;: ~ So ca" .g' 0'1 f!. en s: :J ::!. 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I) ~ ::u ;lI; :I: !!j o ~ ~ m ::u i: ~ o o z CIl -f ::u c o -f 6 z o p Z !'> lOE . CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Akerman Construction Co., Inc. ("Contractor") of 2915 SH 74 S, Purcell, OK 73080 an Oklahoma corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Tamiami Trail - (U.S. 41) 16" Water Main Upgrade, Bid No. 06-3941 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Johnson Engineering, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"), A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting, Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: three million, five hundred fifty-nine thousand, three hundred forty-three dollars and zero cents. ($3,559,343.00) GC-CA-15 Mar:09-06 13:28 From-Call iar County Purchasini 239 732 0844 T-~52 P.004/005 F-716 iDE Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular- This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. R If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damaqes. A. Time of Performance. Time is of the essence in the perfol1llance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Two Hundred and Fifty (250) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designatedJf\ portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Fifty (50) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable. acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC-CA-16 Mar.-09-o6 13:28 From-Coil iar County Purchasini 239 732 0844 T-952 P.005/005 F-716 IDE . such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be ~ entitled to assess, as liquidated damages, but not as a penalty, Two Thousand One Hundred and Six Dollars and Fourteen Cents ($2,106.14) for each calendar day thereafter until Substantial Completion is achieved- Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period- If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time Including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA-17 IDE G, Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H, Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Johnson Engineering and identified as follows: Tamiami Trail - (U,S. 41) 16" Water Main Upgrade as shown on Plan Sheets 1 through 20, Contractor's list of Key Personnel Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S, Mail, E-mail or Facsimile, addressed to the following: GC-CA-18 IDE . Sandy Sridhar, Project Manager Collier County Public Utilities Engineering 3301 East Tamiami Trail Building H Naples, FI 34112 Tel: 239-530-5345 Fax: 239-530-5378 Email: SandvSridhar@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Steve Akerman, President Akerman Construction Co., Inc. 2915 State Highway 74 South Purcell, OK 73080 Tel: 405-527-1232 Fax: 405-527-0192 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of 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 on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA-19 IDE Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision, Section 13. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in GC-CA-20 IDE . a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. GC-CA-21 lOE 41 nstruction CO., Inc. TWo. 0 WITNES~ ~M1 E~ FIRST WITNESS ~ar~ ~~ Type/Print Name (_/~ - ~\\~l S C WITNESS ~;('(L NelsO(\ Ty /Print Name By: 'Side /1kerrY!d/\ Pr-t'5;d,trTt Type/Print Name and Title . Date~~o~~.t.01:~6C{P A TTES.t<.:' {oJ, ." \'. .', l ~~ 4 ~., DWi9htj\~rock, cl~'rk-. -.: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: ":::;:""...>~_ Frank Halas, Chairm B . ., ~.....,' 11tuttn on1,. Approved As To Form and legal Sufficiency: c~-rn~ Assistant County Attorney Item # lDE Agenda J. _I t I tV", Date l~ GC-CA-22 BOND NO,: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO.: SURETY COMPANY: SURETY AGENT: SURETY AGENT ADDRESS: SURETY AGENT PHONE: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO,: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO,: BOND AMOUNT: CONTRACT NO,: (if applicable) DESCRlPTION OF WORK: PROJECT ADDRESS: LEGAL DESCRlPTION: PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) IDE . 659371 Akerman Construction Co., Inc. P.O. Box 1626 Purcell, OK 73080 (405) 527-1232 Westfield Insurance Company P.O. Box 5001, Westfield Center Westfield, OR 44251-5001 Rilb Rogal & Robbs 211 N. Robinson, Suite 1100, Oklahoma City, OK 73102 405-232-0651 The Board of County Commissioners of Collier County, FL 3301 East Tamiami Trail, Building R Naples, FL 34112 239-530-5345 $ 3,559,343.00 06-3941 Tamiami Trail - CU. S. 41) 16" Water Main Upgrade Median of US 41 from Lely Canal to Barefoot Williams Road Replace 12" Water Main to 16" Water Main 14,500 feet 12" to 16" FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. IDE . EXHIBIT A PUBLIC PAYMENT BOND Tamiami Trail- (U.S. 41) 16" Water Main Upgrade Bond No. 659371 Contract No. 06-3941 KNOW ALL MEN BY THESE PRESENTS: That Akerman Construction Co., Inc. , as Principal, and Westfield Insurance Company , as Surety, located at P.O. Box 5001, Westfield Center, Westfield, OH 44251-5001 (Busin~ss A?dress) are held and firmly bound tOt~h~~~r~U~~L~Ou~EY Commissioners of as Obligee In the sum of Three Million F~v.e Hundred Fifty fane Thousand Three Hundred ($ 3,559,343.00 ) for thelcp:aym~t1fWh~rel ~~bjnd ourselves, our heirs, executors, personal representatives, successors and assigns, joint!y and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2006, with Obligee for T?-~iami cRtail4 - Cu. S. 41) 16" Water Main in accordang~ WI,-ry... raw1~g~ and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. Upgrade, 1 THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, suppfying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants tor more than the penal sum of this Payment Bond, regardless of the number of suits that may be tiled by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of February 2006, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 IDE . Signed, sealed and delivered in the presen~ PRINCIPAL \ BY: NAME: 11 S~~ fJ'IL~/fytar) ITS: r..f5,' di'l1-{- ATE OF OlLhh6rw:L COUNTY OF i'Y)GljL' Yl The fOregO~'n \rnstrument was acknowledged befo~re ~)fthi? J-i sf- day of khru-Cif'j 20&. by :t>l!j/e ~"'~ . as ---.l'Lec:>G-I'llt of f1~f1l2(\ d .dh' en c.... , a GtJ0 corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. .,-) My Commission &Pi''''':\.' M.SL 12- . L 0='1 ~~ ""^ (') Q ~~ ~lN (SI ture of Notary) ~O!t.li~ OFFICIAL SEAL ! I) \ ^ I / PUBLIC Regina Nelson' NAME: J"'Q~f\a... 1'Jt:fS&"\ 03~2.?~47 McClain County (Leg Iy Prmted) ~~~ Commission Expires Jun. 12,2007 NotaryP~blic. State of, JM:f.(JV/fa... CommiSSIon No.: a ~ (AFFIX OFFICIAL SEAL) ATIEST: SURETY: Westfield Insurance Company (Printed Name) P.O. Box 5001 Westfield Center Westfield. OR 44251-5001 (Business Address (Authorized Signature) -- (Printed Name) Witnesses to Surety GC-CA-A-2 ~i-L \~un /2ulti& '!r VVi nesses ''"__ OR IDE Jl{!/l K, Ji~ As Attorney in Fact (Attach Power of Attorney) . Shelli R. Samsel (Printed Name) T. Papa, Jr. 211 N. Robinson Suite 1100 Oklahoma City, OK 73102 (Business Address) 405-232-0651 (Telephone Number) (~C~l nt2rs.! STled: STATE OF OKLAHOMA COUNTY OF OKLAHOMA The foregoing instrument was acknowledged before me this 2~ day of February , 2006, by Shelli R. Samsel , as Attorney-in-Fact of Westfield Insurance Company Surety, on behalf of Surety. ~/She is personally known to me ~ ~and who did~) ~:l).~ ~~ (Signature a My Commission Expires: 1-19-2010 \ I take an oath. (AFF1X OFFICIAL SEAL) Name: Patsy A. Payne (legibly Printed) Notary Public, State of: OKLAHOMA Commission No.: 01020203 GC-CA-A-3 IDE EXHIBIT A PUBLIC PERFORMANCE BOND Tamiami Trail- (U.S. 41) 16" Water Main Upgrade Bond No. 659371 Contract No. 06-3941 KNOW ALL MEN BY THESE PRESENTS: That Akerman Construction Co., Inc. , as Principal, and Westfield Insurance Company as Surety, located at P.O. Box 5001, Westfield Center, Westfield, OH 44251-5001 (Business Address) are held and finnly bound to The Board of County Commissioners of Collier County, as Obligee in the sum of Three Million Five Hundred Fifty Nine Thousand Three Hundred Forty Three & 00/100 ($ 3,559,343.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 2006, with Obligee Tamiami Trail - (U.S. 41) 16" Water Main Upgrade, Bid No. 06-3941 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, air delay damages, whether liquidated or actual. incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC-CA-A-4 tOE This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of February , 2006, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered ji7_the presenpj' ofn. ~iJV1 ~ Witnesses as to Principal NAME:1TS ~~d~J~rYlCV\ ) , STATE OF QkJ~,hofYla.. COUNTY OF m ~if'J.,'n The foregoing instrument WA~ acknowledged before me this .21 sf day of r:~~ ,2006, by __;::d:de- ~<Vfl1W1 , as ,e V\t of ke{N'(.lf\ (!~I-,'t)r'l f.O :c.,(1J ,a ~ ~~ ~ corporation, on behaW of the corporation. He/she is :.rso y knO~ to me. OR has produced as identification an~^d~did not) take an oath. My commiSSion.. EXPire.~~.V\JL 12.,ZoC':)7 (~..~""<>- () 2.~~ ~ (SI n ure) ~ +o"!tli~ OFf'l~IAJ1., SEAL .'. , . / I I PUBLIC Raglna ,ve,son Name. ;'4' ru Ne 150.1 1, 03008947 McC' lain County (Leg' Iy Printed) . INA/jOFOll . ~~ Comml~~ionExphl': jUri 12,2007 II J} J~ /. ^ _. _ ( F'fi1etAt S~T Notary Public, State of: ~ Commission No.: 03oo~L( 7 GC-CA-A-5 IDE ATTEST: SURETY: Westfield Insurance Company (Printed Name) P.O. Box 5001 Westfield Center Westfield, OH 44251-5001 (Business Address) (Authorized Signature) Wrtnesses as to Surety (Printed Name) ~~V2~ ~~&'1 !lu;U~ Wrtnesses OR g;( -~, As Attorney in Fact (Attach Power of Attorney) " -Y-y, G . ent Agent Anthony T. Papa, Jr. STATE OF OKLAHOMA COUNTY OF OKLAHOMA Shelli R. Samsel (Printed Name) 211 N. Robinson Suite 1100 Oklahoma City, OK 731G2 (Business Address) 405-232-0651 (Telephone Number) , . I. "c C;' ::Tc:';!" ":::;:::;':1: The foregoing instrument was acknowledged before me this 21 s t day of February ,2006, by Shelli R. Samsel . as Attorney-in-Fact of Westfield Insurance Company, a Ohio Surety, on behalf of Surety, ~JShe is personally known to me ~~ mum~' and wh did~take an oath. My Commission Expires: 1-19-2010 Name: Patsy A. Payne (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Oklahoma Commission No.: 01020203 GC-CA-A-6 General Power of Attorney POWER Nl Qo&2 04 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio . CERTIFIED COPY Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies: duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TRAVIS E, BROWN, GARY W, LILES, PATSY A, PAYNE, SHELLI R, SAMSEL, JOINTLY OR SEVERALLY of OKLAHOMA CITY and State of OK its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do in the premises, Said appointment IS made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authorrty to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The AttorneY-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such AttorneY-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary," "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached," (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 27th day of JANUARY A,D" 2005 . ......"......., Corporate ",.. ~UR"~""',,, Seals ./_ ," ......... C....", F_ ... .... '. ,. , Affixed J~'" 0lIIQ# .... ~ ~ :~iSEAL\Q~\ ~~! j~ \ -'. I,.. \'J.... ~ ..'~ "'''fl ,.....:/...... '. State of Ohio .......... County of Medina ss.: ...\,I,'''U~II''"",,, ", ~\OW\( 11\1 ". .... ""'~""""""'0' "'. ::' Q.... ".:-1l'"" f i/:' ".""& ~ 'lL' SEAL '00 ::~: :m: \~",......,......,......}/ ~""" * ,.\\,..." 1~'''Ullll'' . ;.:..;i'\iSiiR,;~'"" ~~ "::':'-'~', f~l~~'djE.~~II"ril = 16;' "" oq:,. i =.: : : \~" 1848 /11 \ . .... .... ..... .~...f ~ ....... ..'" ""'" ........... I'"............,...... WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Richard L, Kinnaird, Jr., Senior Executive On this 27th day of JANUARY A,D" 2005 , before me personally came Richard L. Kinnaird. Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order, Notarial Seal Affixed :110""....,..............,.... "'\> ~,~,~-~".s- .,...... f:...~.Mf(!~.f".).. .,.E~..~. c;;...--= __ .r- ~ .. . ell"" ~1J'l ;.\..- ~.'o \. ""-<I . ~'." .'..... .,. E: 0 f 0.,.,," .~.fIU....I...I..I' dj- ~ State of Ohio County of Medina ss,: William J. Kahelin, A rney at Law, Notary Public My Commission Does Not Expire (Sec, 147,03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregOing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whoreof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, OhiO, this 21 s t day of Fe bruary .l'..D" 2006 .......~.n......... ,"'&,~U R.(~'''''' ,"_ ,. ......... c.....'" IT _.... .... '. ,. , . ...,.' .... ....(t\ l!!if \Q i ~f SEAL i~~ i;'. jJli. \....... ~ ..,~ ~ '. --.... l.: ...,......:~> ""'U'I',,, ,,"""~\ONAl.. /"'" ".' ""'~...........~0' "" .~ Q ..' "'~"-. f i/! ....""&~ >lL; SEAL :0: ~{~...,...................5j """ff...I~.I""\"\'\ . ............"',,, ........ \.su.;~~"'''' ....;;.0. ;~"';-:.':!4'...."..... ~~., ...it''" !#...~"'...jE~,.IJ.\il =..:. ,,11 1IC.l. i =.: : : \~\ 1848 /11 \. ......:':........~..; ''''''' ............. I'""........."...' ~,nodc'el~ S'_OQ BPOAC2 (combined) (06-02) 02/16/200 6 16: 15 FAX 9185 B 21319 Gallagher Bryce CRM 1 GE2/003 I A CORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 1~ DATE (MM/ODIYYYY) AKERM 1 02/16/06 ':lUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlOI\ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Arthur J. Gallagher RMS, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBox 3142 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Tulsa OK 74101 Phone: 919-5B4-1433 Fax:91B-582-1319 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American Home Assurance Co 19445 INSURER B: Nat'l Unton rtre Ins Co of PA 19445 Akerman Construction Co. , Inc. ~INSURER c: 24767 Attn: steve Akerman St. Paul F1re i Marine Ina Co 2915 Highwa~ 74 South I INSURER D: Cammerce ~ In4uatry Ina Co, 19445 Purcell OK 3080 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIACATE 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, L TR lNSR[ TYPE OF INSURANCE POLICY NUMBER ~OL~r, !,;'=E.E_CTI~E P8ATE'IMMiDrM~~N UMITS DATE MM/DDNY GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 - -~,,",1: A X COMMERCIAL GENERAL LIABILITY 7171589 03/31/05 03/31/06 PREMISES (Ea occu"",ce) S 100,000 I CLAIMS MADE [!] OCCUR MED EXP (Any-one person) S 5,000 PERSONAL & ADV INJURY sl,OOO,OOO - GENERAL AGGREGATE s2,OOO,OOO - GEN'L AGGREGATE LIMIT APPlS PER PRODUCTS - COMP/OP AGG $ 2,000,000 II n PRO- Emp Ben. 1 000,000 POLICY JECT LOC AUTOMOBilE LIABILITY COMBINED SINGLE UMfT f-- $1,000,000 A X ANY Aura 4185625 03/31/05 03/31/06 lEa accident) f---- ALL OWNED AUTOS BODlL Y INJURY - S SCHEDULED AUTOS (Pet person) _. - HIRED AUTOS BODilY INJURY ~ $ NON.OWNED AUTOS (Per accident) - f---- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ I ~ ANY AUTO EA ACC $ OTHER THAN AlITO ONLY: AGO 5 EXCESs/UMBRELLA liABILITY EACH OCCURRENCE 54,000,000 B ~ OCCUR D CLAIMS MADE BE 4952803 03/31/05 03/31/06 AGGREGATE 54,000,000 $ ~ DEDUCTIBLE S X RETENTION 510,000 ') WORKERS COMPENSATION AND : X I TORYLIMITS I IVER- A EMPLOYERS' UABILITY 8844791 03/31/05 03/31/06 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 D OFFICER/MEMBER EXCLUOED? 8844792 03/31/05 03/31/06 EL. DISEASE. EA EMPLOYEI sl,OOO,OOO ~~rcl~t'~~b~~s~6~s below E.l. DISEASE. POLICY LIMIT 51,000,000 OTHER C Property/Equipment Q~-660-6133BOO1-~IL-05 03/31/05 03/31/06 Per Item $300,000 Deductibl $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEtiICLeS I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is included as Additional Insured under al~ policies except Workers compensation, as required by written contract. Re: Project: Tamiami Trail - (U.8.41) 16" Water Main Upgrade Collier County Bid No. 06-3941, Collier County, FL CANCELLATION ~._GERTIFICATE HOLDER Collier County Government Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 COLLCD2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WAITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUIIE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENl'ATIVES, ~~NT @ ACORD CORPORATION' ACORD 25 (2001/08) 02/16/2006 16:16 FAX 9185821319 Gallagher Bryce CRM 1 0 t;03/003 L IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25 (2001/08) IDE EXHIBIT B INSURANCE REQUIREMENTS (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 Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor 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 Contractor'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) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, _on a timely basis, if requested by Owner. ,5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. _(9) Should at any time the Contractor not maintain the insurance coverage's required herein, the wner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 lOE coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse -- 0wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs (rom any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. 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 Contractor. . 11.3. All insurance coverages of Contractor 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 Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. 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. 11.6. All insurance policies to be provided by Contractor 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. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY j~equired by this Agreement? X Yes _ No GC-CA-B-2 IDE (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee .2L $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. (check one) D Applicable X Not Applicable A) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) D Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ~ Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 General Aggregate $ 500,000 GC-CA-B-3 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage ...x..-- General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage IDE $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shaH be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such ."- werage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) o Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) o Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibJes. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, GC-CA-B-4 ...... 'l_...._'i .1' whichever is earlier. This insurance shall include interests of the Owner, the Contractor, - ~ubcontractors, Sub-subcontractors and Material Suppliers in the Work. lOE (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the ,_Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors ld Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? lL. Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 .- GC-CA-B-5 IDE . Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 IDE OUNTY OF COLLIER ) STATE OF FLORIDA) EXHIBIT C RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2006 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President Witnesses DATE: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006, by ,as of ,a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No,: GC-CA-C-1 IDE EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: = Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION :::>NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 (j) () I () )> I o I I\.) =E :::r . '11 ~ ::r 6" m Z ~ a ~ c: ;it ~ ( "2. i: ::r ~ II) lJI i: iJ m II) :::I m ~ VI ID '" ::r - ~ ::;; 0' >- !'! - S ::l '0 (I) iii' 0- 0 :::I ::r ..., :II ~ ~ s ~ (I) d :II VI :( c 5' (I) ~ 0 ! ::l g !" 0 m 0 (/) g ~ Q. en n (I) s:~ i!! 0 "tI ::r Q~ -I II) 0 ~ 3 c: Z ~ ;:) (I) 0- 5" 0(1) :::I ..., Cil .g "0 m Cil 5' 6" < ~ g 0' c: !Tl (I) VI (/) 0- i n III <::J: ro ~m Q,lil r-O c:c: _ e; mJn ::ro (I) ::l 0 *'~ 0 --l -I"tI ::r ::r II) CD ::J:", ~ --l ~~ CD ~ 00 en 5'C: ~c: () Cil 0 -I(/) ~ % II) m~ m m ro "tI C :'r iii' (/)"tI ::0 e ~ -I: ... :E Zn 0 r- CD ::r n~ m -'(I) ~ VI ..., m-l 0 "2.~ 0- ~O 'lJ "T1 II) 0 iil~ r- ~ lil c: ~ 0- ~ '11 C '11 :'r ~ 0 . Ji r- 'lJ :l- e g 0 II) m :i! Q, m (I) lil ::0 -4 en --l 6 li5 ~ z ~!:!. &: 0 3 c: - i 0 5" 0' :1 II) i: ro 3 ~(/) 0 a iil-l 0 e:- o' ",0 3 :::I -'" ~m :::I c: fijo ~ :::I S n 0' (I) d 110 0 3 0 en i:-I II) 0 ~ d "tIO =:::::::s r-:;;! oq- ::0 !!Ir- :::Illl --l ~ III n m m 0 $' iii" n ..., 8 O"tl g i:m a ~ "tI'" r-n 0- CD mm III ro -IZ ro m-l _"C: VI :::I f2. (I) -ICll III VI o~ VI lil III ::!!!; 0- Cil ~Z 5' CD (/) n S III ::J:m (I) VI CD '" ~ 0 m :::I ..., -I lil ~ ~ .... z 0 0 c: ~ ~ II) n ro G) o' m o ::l 0 a i '" e:- m 3 iil I );! ;:) m 5' z ~ --l i ~ 0 ::r ~ .g, G) iii" (I) m VI Iii' ;Ill Iii en ;!!; m roC: -I :;;! -I en CD ::J: 0 0 ::J: Z :;;! 0 3 m ~ r- (I) G G) en m IDE EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount.. ............ ......... ................ ....................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ........................................................... $ Revised Agreement Amount ................................... ........................ $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, 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, Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Authorized by: Division Administrator Date: (For use by Owner: Fund Number: ) Cost Center: Object Code: Project GC-CA-E EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION IDE OWNER'S Project No, PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 IDE The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2006 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2006 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2006 OWNER By: Type Name and Title GC-CA-F-2 Bid No.: Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST IDE Project No.: Date: ,2006 The following items have been secured by the for the Project known as Original Contract Amount: and have been reviewed and found to comply with the requirements of the Contract Documents, Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES NO Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4, 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form), 8, Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) GC-CA-G-1 By Design Professional: By Owner: GC-CA-G-2 lOE . (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) IDE EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 tOE those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 3. SCHEDULE. IDE 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 tOE 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment'. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC-CA-H-4 IDE . 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC-CA-H-5 IDE 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F .S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7 . SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC-CA-H-6 IDE substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 lOE . 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC-CA-H-8 lOE faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 lOE . 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or GC-CA-H-10 lOE . sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order, Such changes shall be binding on the Contractor . 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the tenns of the Contract Documents. The tenn "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work perfonned by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such perfonnance will involve additional expense to Contractor GC-CA-H-11 lOE . or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Ag reement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC-CA-H-12 lOE . for the matter indemnified hereunder is' fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC-CA-H-13 lOE bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC-CA-H-14 IOE of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC-CA-H-15 lOE . notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC-CA-H-16 lOE 4 they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct GC-CA-H-17 lOE . the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. GC-CA-H-18 lOE 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC-CA-H-19 lOE . as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager GC-CA-H-20 lOE . shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably GC-CA-H-21 lOE . encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervIsing all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: GC-CA-H-22 lOE . 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and i other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such GC-CA-H-23 lOE . meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by GC-CA-H-24 lOE . appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. GC-CA-H-25 10E . 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) 'must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: GC-CA-H-26 tOE . 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages. losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds GC-CA-H-27 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 IDE Contract Changes Permits Material Purchase Delivery logs Technical Standards Design Handbooks "As-Builf' Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC-CA-H-28 lOE . EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS a. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. 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" U 4>> ._ .c o E - > :s .sz ... .~ 8 :s en C 0 ~ ... u II) 4>> I C 4>> - C'll c I I - T'"" o c:( U , U C9 . MEMORANDUM Date: February 16,2006 To: Sheila Convery Trans./Traffic Operations From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-34 Removal of Non-Warranted Traffic Signals Radio Road at King's Way/Briarwood Blvd. Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #10J) approved by the Collier County Board of County Commissioners on Tuesday, February 14, 2006. The original Resolution is being retained in Minutes and Records for public record. If you have any questions, please call me at 774-8411. Thank you. Enclosure lOJ lOJ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date ' (List in routinl! order) 1. Seat! R. T ceU...11 C6~Aty /\IlIlFAey 2. - 3. . 4. - 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to a rove the item. Name of Primary Staff Sheila Convery Contact Agenda Date Item was 2/14/06 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Resolution 2~- Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. I. Original docwnent has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages /Tom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages /Tom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC oftice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04 774-8419 16-8-7 -:.J N/A(Not A licable) 10 , 1';:;;..;;/ RESOLUTION NO. 2006- 34 RESOLUTION TO REMOVE A NON-WARRANTED TRAFFIC SIGNAL FROM THE INTERSECTION OF RADIO ROAD AT KING'S W A YIBRIARWOOD BLVD. WHEREAS, the Board of County Commissioners is responsible for the approval and authorization of the installation of traffic signals on the County roadways, and WHEREAS, a Professional Engineer, registered to practice in the State of Florida and on the staff of the County's Transportation Operations Department, conducted a traffic engineering study and concluded that the intersection of Radio Road at King's WaylBriarwood Boulevard does not meet the minimum warrants for signalization, as set forth in the Manual on Unifonn Traffic Control Devices, the removal of said traffic signal is recommended, and WHEREAS, the Board of County Commissioners recognizes that the continued operation of an unwarranted traffic signal is an impediment to the safe and efficient operation of the County roadway system NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT the traffic signal located at the intersection of Radio Road and King's Way/Briarwood Boulevard be deactivated, removed, and replaced with "STOP" signs controlling traffic on King's Way on the south side of the intersection and on Briarwood Boulevard on the north side of the intersection. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this '4~ dayof fe.'o'I'Uo..t---,2006. c . ;.~ :., , .~, .\.., ATIEST: >'.>"........ "" .. . DWIGHT E/B~OeK;c:I~k B : r c BOARD OF COUNTY COMMISSIONERS COLLIER CO~T~A .. BY: ~ ~ ~ FRANK HALAS, Chairman .... , . ,.v . AtU$t It~tcl Chli run' s ,f~;'..orily . ":, .,,~,.' A~;? Izr7:et sufficiency: Scott Teach Assistant Collier County Attorney Item # l{)]"" lOJ , .. February 8, 2006 Commissioner Fred Coyle District 4 Board of Collier County Commissioners 330 I East Tamiami Trail Naples, FL 34104 RE: Comments to the Collier County Commission Relative to the Tramc Signal De- Warrant Study - Radio Road @ FoxfirefBriarwood dated January 25, 2006 Dear Commissioner Coyle: The Foxfire community supports the maintenance of the traffic signal at Radio Road @ FoxfirefBriarwood intersection and urges the Commission to find that the traffic light De- Warrant Study of January 25, 2006 not be accepted as the basis for De-Warranting the subject traffic signal. Prior to the installation of the subject traffic signals in 1996, there was one fatal accident at the given intersection. Since the installation, there have been two fatalities. While the integrity and professional qualifications of the traffic personnel making the study are not questioned, the applicability of certain parts of the study and the MUTCD's they were required to apply in the study process are subject to question as to applicability for the purpose applied. At the third page of the study, "Crash Data", four crashes at the intersection in question were reported in 2005, seven in 2004, and five in 2003. All of which was reported above a recital that acknowledged that the MUTCD provision applied required: " . . . a minimum of five crashes (per 12-month period) which are susceptible to correction by the installation of a traffic signal." "10,! . .- Commissioner Fred Coyle February 8, 2006 Page Two This appears to be a standard that was designed to apply to the original determination of an intersection's justification for the installation of a traffic signal not to the De-Warranting of a signal system already installed and operating. The significant fact that can be taken from this portion of the report is that the number of crashes that justify a signal system installation exist at the subject intersection even after the system has been installed and could be anticipated to increase if the traffic signal is removed. All of which would justify the continued existence of the system at its present location. At the fifth page of the study, a requirement identified as "MUTCD, Warrant 7, Crash Experience" is applied in the study which considers: A. "Adequate trial of alternatives with satisfactory observance and enforcement has failed to reduce crash incidents." B. "Five or more reported crashes, of types susceptible to correction by a traffic control signal, have occurred within a l2-month period. . ." These considerations appear not to be applicable to making a decision on the continued existence of the subject traffic light, but their content applied to the subject signal system should show that the system should be allowed to remain. In summary, the conclusion reached on the third page is only supportable technically by the amount of traffic logged and appears to be an inadequate basis for eliminating a signal system that could threaten the safety and security of persons driving motor vehicles on the Collier County highway system. Respectfully submitted: lames R. Klusendorf President, Foxfire Community Association lRKIpt cc: Commissioner Frank Halas, Chairman, District 2 Commissioner Jim Coletta, Vice Chairman, District 5 Commissioner Tom Henning, District 3 Commissioner Donna Fiala, District I Foxfire Board of Directors Brian H. Heidel, General Manager ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11 ~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r 0 K i' ~ 'I ~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUItE ,. ~ Print on pink paper. Attach to original documcnt. Original documents should he hand delivered to the Board Oftice. The eompletcd routing slip and original doeuments are to he 1'01 warded to the Board Of1lee only aft{.!: the Board has taken aetlon 00 the item. I ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and!or information needed. If the document is already complete with the exception of the Chairman's sil!llature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. ~f\ { 4. Colleen M. Greene Assistant County AttorneQ \ \ v CMG 03/02/06 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Fi lson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Jack Wert Phone Number 403-2304 Staff Contact Agenda Date Item February 14,2006 Agenda Item Number ""Jl).~'4 /01< was Approved by the BCC Type of Document Resolution No. 2006-!iLl Number of Original Five (5) Attached Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC on Februarv 14. 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The Countv Attornev's Office has reviewed the chane:es, if applicable. INSTRUCTIONS & CHECKLIST I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: March 3, 2006 To: Jack Wert Tourism Director From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-40 Tourism Travel Expenses Enclosed please find three (3) originals as referenced above, (Agenda Item #10K) approved by the Board of County Commissioners on Tuesday, February 14,2006. If you should have any questions, please contact me at 732-8411 Thank you. Enclosure 10K lOK MEMORANDUM Date: March 1, 2006 To: Colleen Greene County Attorney's Office From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-40 Tourism Travel Expenses Enclosed please find one original document, as referenced above (Agenda Item #10K), which was approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you have any questions, please call me at 774-8411. Thank you. Enclosures (1) lOK RESOLUTION NO. 2006-....iQ,.. A RESOLUTION ADOPTING A POLICY FOR THE APPROVAL OF FUNDS FOR TRA VEL EXPENSES FOR PERSONS CONDUCTING OFFICIAL TOURISM BUSINESS AND SUPERSEDING RESOLUTION NO. 2004-370. WHEREAS, it is the intent of Collier County to reimburse Tourism Department employees and agents under contract with Collier County for travel on official tourism business in accordance with Section 125.0104, Florida Statutes, and Section 112.061, Florida Statutes; and, WHEREAS, all authorized travel expenses will be reimbursed to County Tourism Department employees or to employees of companies or individuals contracted for tourism services on behalf of the County at the actual expense; and, WHEREAS, the Board of County Commissioners has the legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the expenditure of funds for any and all travel by Tourism Department employees and authorized agents under contract with Collier County are as follows: A. APPROV AL REQUIRED. All travel for Tourism Department staff and authorized agents under contract must be authorized and approved by the Tourism Department Director, and by the County Manager for the Tourism Department Director, and funds must be available in the approved Tourism Department Budget. Those travel events that are not covered in the budgeted or contingencies. categories in the Tourism Department Budget must be presented to the Tourist Development Council and Board of County Commissioners for approval. The Board of County Commissioners must approve travel by authorized persons not employed or under contract by the County who are called upon to contribute time and services as consultants or advisors or participants for travel on County tourism business. All travel reimbursements require receipts. B. DOMESTIC TRA VEL. 1. Common Carrier. Travel shall be booked at the best available coach price. 2. Ground Transportatior!. Taxi, shuttle and public transportation shall be reimbursed at actual cost including up to a 15% gratuity. Rental car use shall be booked or reimbursed for domestic travel at best compact rate available. Travelers shall use the rental car company holding the county bid, where available. 3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%, if not included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. Accommodations/Lodgillg. In-state travel outside 50 miles of office location is reimbursable at actual cost for single occupancy at the best available rate or at the headquarters hotel. Travel within 50 miles of the office - Accommodations expense reimbursement must be authorized by the Tourism Director if travel to home after the daily activities is deemed unsafe, or supervision of guests being entertained is necessary. Travel to destinations within Florida is tax exempt for accommodations. Travelers shall supply the hoteVmotel with a Florida Sales Tax Exemption Certificate when checking in. lOK Expenses for the use of in.-room dispensers or movies are not reimbursable. 5. Other expenses. Reimbursable expenses include tolls, ferry fares, tuxedo and costume rental, parking fees, charges for business telephone calls, including cell phone roaming charges, facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate, mandatory valet parking, including a 15% gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations if pre approved by the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. Business association, trade association, tourism industry association, Chamber of Commerce meetings, or event expenses are authorized for payment or reimbursement if subject matter is tourism related. c. TRAVEL IN FOREIGN COUNTRIES. Foreign travel will be conducted in compliance with federal standards detailed III the publication, "Standardized Regulations (Government Civilians, Foreign Areas)". 1. Common Carrier. Travel shall be booked at the best available coach price. 2. Ground Transportation. Taxi, shuttle and public transportation shall be reimbursed at actual cost with receipt including up to a 15% gratuity. Rental car use shall be booked or reimbursed at best compact rate available. 3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%, ifnot included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. AccommodationslLodging. Reimbursable for actual cost for single occupancy at the best available rate or at the headquarters hotel. Expenses for the use of in.-room dispensers or movies are not reimbursable. 5. Other expenses. Reimbursable expenses include tolls, ferry fares, tuxedo and costume rentals, parking fees, foreign currency exchange fees, travelers checks fees, maps, charges for business telephone calls, including access, air time and phone rental charges for cell phones, facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate, mandatory valet parking, including a 15% gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations with prior approval of the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. D. TRAVEL INVOLVING TRADE SHOWS / CONVENTIONS / TOURISM INDUSTRY AND ASSOCIATION MEETll'ifGS. Expenses related to attendance at trade shows, conventions, association and tourism industry meetings, sales meetings and receptions and events are authorized for payment or reimbursement at actual cost pursuant to this Resolution depending on whether the travel is foreign or domestic. Pursuant to Section 125.0104, Florida Statutes, registration fees for Tourism Department employees and authorized agents under contract with Collier County shall be paid in advance by County check or credit card or be paid by reimbursement. 2 lOK E. TRA VEL-RELATED ENTERTAINMENT. Payment or reimbursement is authorized for any tourism promotion, event, meal, or occasion organized by the Collier County Tourism Department or other tourism organizations or agencies including, but not limited to, entertaining travel writers, journalists, travel agents, tour operators, airlines, travel consultants, wholesalers, consolidators, meeting planners, consumers, dignitaries and VIP's from foreign countries or anyone who can bring, direct or encourage travel or publicity to Collier County. (Collectively or singularly referred to as "Tourism Promoters"). Expenses such as meals for County employees who attend a function with Tourism Promoters in an official capacity are authorized to be included in the total cost of the function for payment or reimbursement. 1. Meals. Meals include: food and beverages associated with meetings, dinners, promotions, cocktail parties and similar events, whether catered or provided by Collier County or other tourism organizations or agencies, at a facility or private location. Gratuities up to 15%, if not included in the bill, or up to 20%, if included in the bill, for groups or special menus or events are authorized for payment or reimbursement. Gratuities on discounted or complimentary meals are authorized as calculated on the full fair market price of the meals up to 20%. County employees must follow the County Ethics Policy covering acceptance of discounted or complimentary meals. 2. Alcoholic Beverages. The cost of alcoholic beverages is authorized for payment or reimbursement for entertainment purposes for Tourism Promoters. The cost of alcoholic beverages for County employees is not reimbursable. 3. Gifts. Tokens of appreciation and mementos of Collier County given to Tourism Promoters are authorized for payment or reimbursement at actual cost. 4. Transportation. Expenses for vans, limousines, buses or automobiles to transport Tourism Promoters are authorized for payment or reimbursement. 5. Accommodations. Expenses to house Tourism Promoters are authorized for payment or reimbursement at actual cost. 6. Entertainment. Expenses to entertain convention, meeting, trade show or familiarization tour attendees. Examples of these entertainment expenses include, but are not limited to the costs for singers, dancers, magicians, astrologers, chefs, musicians, pageant winners, clowns, fisherman, animal trainers or massage therapists. These entertainment expenses serve a valid public purpose and are authorized for payment or reimbursement. F. COUNTY PURCHASING CARD USE. The Collier County Purchasing Card may be used by Tourism Department staff for all travel, entertainment and registrations including the cost of restaurant meals. The Purchasing Cards issued to each Tourism Department staff member will have a single transaction limit of $2,000 and a maximum monthly spending limit of $10,000. G. PAYMENT BY ADVANCEMENT OR REIMBURSEMENT. The County may pay by advancement or reimbursement, or a combination thereof, the costs of per diem and incidental expenses of employees of the County and other authorized persons, for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)." The County may also pay by advancement or reimbursement, or by a combination thereof, the actual reasonable and necessary costs of travel, meals, lodging, and incidental expenses of employees of the County and other authorized persons when meeting with travel writers, tour brokers, or other persons connected with the tourist industry, and while attending or traveling in connection with travel or trade shows. This Resolution supersedes Resolution No. 2004-370. 3 lOK ll....~ THIS RESOLUTION ADOPTED this IT day of :J - .;lO(>bafter a motion, second and majority vote favoring same. ~j DA TED,:_~~~~~'.:i~ . ArrEST:. '.'~ DW~~~E. BROCK,~~rk -(;[ At~t . ~~ ~rr~. .c~a1 run' S 11gnlt!Q~.~.1.y · BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~~~~/ By: FRANK HALAS, Chairman Approved as to form and legal sufficiency: ())jJQJ2k1 m~ Colleen M. Greene ' Assistant County Attorney 05-MGR-00087!2 Item # lCJt Agenda (;{ _ I c.f rl Date W 4 12D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action 011 the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sil(nature, draw a line through routine lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl( order) I. ---..., 2. ---. 3. ~"--'-"""'--'~~"=-"-'=<<-"" '... ---....."..,.~ 1-- - --"-- 4. ~..- --- ....., --- .-'- - ~_..""-",'~',,,,~- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jacqueline WilIiams Hubbard Phone Number 774-8842 Contact Agenda Date Item was 2/14/06 Agenda Item Number 12D Approved by the BCC Type of Document Settlement Agreement Number of Original (I) original document-4 Attached Documents Attached total pages I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. CAlI documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fulIy executed by alI parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) AII handwritten strike-through and revisions have been initialed by the County Attorney's Office and alI other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 2/14/06 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) JWH N/A (Not A licable) 2. 3. 4. 5. 6. N/A JWH JWH N/A JWH I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04-ECM-00208/1280 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes and Records FROM: Rosa E. Villarreal, Legal Secretary to R (. V Jacqueline Williams Hubbard, Assistant County Attorney DATE: March 7, 2006 RE: Settlement Agreement- Douglas v. Collier County Approved February 14, 2006 Agenda Item UD Please make a copy of the attached agreement so that I may forward to Mr. Douglas' attorney. Please call me when it is ready and I will pick it up. 774-8814 Thank you. 04-ECM-00208/1281 120 . ,', ' . ~... .... ,', 'I ,'~-'./-..... I . {.--(' ,/ '/~.:~'.. i "'.,' ,'- \ ../_ r " ,"1V( " '. ." '. ',' " ---I I. . \......., t.,... I' '" I r /)....,. liI'- , r ,.,,' /, SETTLEMENT AGREEMENT AND/MUTUAL REia~/BE~~ ctiiii:l~}~ . COUNTY AND GORDON D~UG~~S ...{) 21 P'fi f >t.. .1' '-J '1:/6 THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the 120 "Agreement and Release") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County (hereinafter referred to as "the County"), a political subdivision of the State of Florida and Gordon Douglas, (hereinafter referred to as Plaintiff'). WITNESSETH: WHEREAS, Gordon Douglas filed a complaint with the United States District Court for the Middle District of Florida, Fort Myers Division, Case No. 2:04-CV-545-FtM-33 DNF (hereinafter the "Case"); and WHEREAS, the County and Plaintiff, after attending voluntary mediation, without any of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the Case; and, WHEREAS, the County and Plaintiff desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. NO''', THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Settlement Agreement and Release, and with the intent to be legally bound, the County and Plaintiff agree as follows: 1. Collier County will pay to Gordon Douglas the sum of $11,000.00 within two weeks of the County's receipt of this Settlement Agreement signed by Plaintiff and Collier County will also pay the cost of mediation in this matter. Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BX'l' 7240 3797560 OR: 3994 PG: 2648 RBCORDBD in the OPFICIAL RBCORDS of COLLIBR COUNTY, PL 03/08/2006 at 09:31AM DWIGHT B. BROCK, CLBRK RBC PBB COPIBS 35.50 4.00 .Page 2 Settlement Agreement & Release OR: 3994 PG: 2649 120 In consideration of the resolution of this dispute, and for other good and valuable 2. consideration as enumerated in this Agreement, the receipt and adequacy of which are hereby acknowledged, the County and the Plaintiff, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, insurers, sub-contractors, and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way to the Case, whether directly or indirectly, with the express exception of an action to enforce this Agreement and/or the terms contained herein. 3. The County and Plaintiff acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, sub-contractors, representatives, Insurers, successors, assigns, spouses, heirs and affiliates. 4. The County and Plaintiff recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims. 5. The County and Plaintiff acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 2 ..Page 3 Settlement Agreement & Relell5e OR: 3994 PG: 2650 120 6. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 7. In the event of an alleged breach of this Agreement and Release, the County and Plaintiff agree that all underlying causes of action or claims of the County and Plaintiff have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this Agreement and Mutual Release shall be for specific performance of its terms and conditions; or for any damages arising from the breach. In this regard, the County and Plaintiff further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit Court of Florida, or, if that Court refuses to accept jurisdiction thereover, a Court of competent jurisdiction. 8. The laws of the State of Florida shall govern this Agreement and Release. 9. If any action or proceeding is commenced with regard to the subject matter of this Settlement Agreement and Mutual Release, then the prevailing party in such action or proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said action or proceeding promptly reimbursed by the non-prevailing party. GORDON DOUGLAS Y:M- By: Gordon Douglas (print) (Signature) (print) Date: form and legal sufficiency: 3 -:<:~:~:<.:.:-: ::\!~r\i:i ..... ..... ::::::.:::::::::~ ........"...... . ................ . , , Page 4 Settlement Agreement & Release *** OR: 3994 PG: 2651 *** COLLIER COUNTY: A TTEST:"""''''IIl''i', DWIGHT-E:aRO,CK. Clerk of BOARD OF COUNTY COMMISSIONERS ::~olfo:Cb~~(y' Florida .ex' ::COL~~ / "-Uep!ltrCIK9<:Attest as to ChI1~n' ~ FRANK HALAS, Chairman " . 'i.J_~""" "Itllltlre onl,~ Date' F'ghftia-rY~'l4-~ 2006 Date' February 14, 2006 . 'L-, ~::,_;'- _ . Approved as to form and legal sufficiency: Public/BCC agenda/Douglas Settlement Agreement-JWH 21406 4 120 MEMORANDUM Date: February 23, 2006 To: Steven Griffin Asst. County Attorney From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-41 "Habitat Conservation Plan Advisory Committee as AD-HOC Committee Enclosed please find one (1) copy of the documents, as referenced above, (Agenda Item #12E), adopted by the Board of County Commissioners on Tuesday, February 14,2006. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 12E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 2 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the . excention of the Chairman's signature, draw a line through routine: lines #1 throul!h #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin~ order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of COurt'S Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bce Chairman's signature are to be delivered to the Bce office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda. Item Number Number of Original Documents Attached Yes (Initial) N/A(Not A licable) LIS" 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on L{ 06 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Co un Attorne's Office has reviewed the chan es, if a licable. ~ V'" ~'YG- ~-- ....~ ~~ I: Fonns/ County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 12E . RESOLUTION NO. 2006- ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ESTABLISH THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE AS AN AD-HOC COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR TERMS, APPOINTMENT OF MEMBERS, AND FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, AND COMPENSATION; PROVIDING FUNCTIONS, POWERS, AND DUTIES; PROVIDING FOR DISSOLUTION OF THE COMMITTEE; AND SUPERSEDING RESOLUTION NO. 2005-174 IN ITS ENTIRETY. WHEREAS, on April 26, 2005, the Board of County Commissioners adopted Resolution No. 2005-174 establishing a Habitat Conservation Plan Advisory Committee as an ad-hoc committee to assess the feasibility of developing and implementing a Habitat Conservation Plan (HCP) for Red-Cockaded Woodpeckers and to provide a recommendation to the Board of County Commissioners as to the desirability of the County to pursue the development of said HCP; and WHEREAS, the Habitat Conservation Plan Advisory Committee is composed of nine (9) members; and WHEREAS, on January 24, 2006, the Board of County Commissioners requested that the Committee membership be expanded to thirteen (13) members and that instead of assessment of a plan for just the Red-Cockaded Woodpeckers, to assess multi species that are endangered. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that: SECTION ONE: Creation and Purpose of the Habitat Conservation Plan Advisory Committee. Pursuant to the provisions of Collier County Ordinance No. 2001-55, the Board of County Commissioners (the "Board") hereby establishes the Habitat Conservation Plan Advisory Committee (the "Committee") as an ad-hoc committee to assist the Board of County Commissioners in determining the feasibility and desirability of developing and implementing Habitat Conservation Plans to provide for the protection of endangered species. SECTION TWO: Terms of Office; Appointment of Members; and Failure to Attend Meetings. The Committee is hereby created as an ad-hoc Committee for a period to expire three years from the date of the resolution appointing the additional members as directed herein. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55 or its successor ordinance, and shall serve the full three-year term under the ordinance. l2E ~ . The Committee shall be comprised of thirteen (13) members. Current members appointed to this Committee shall remain and the Board shall advertise all vacancies. To the maximum extent possible, the Committee membership should have representation from various stakeholder groups including, but not limited to, potentially affected property owners, the development community, and environmental interests. The members shall serve at the pleasure of the Board of County Commissioners. The County Manager shall select a staff liaison to attend the Committee meetings and assist the Committee. If any member of the Committee is absent from two (2) or more consecutive meetings or one-half of the meetings in a given year without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001-55, as amended or its successor ordinance. SECTION THREE: Officers; Quorum; and Compensation. At the Committee's first meeting, the membership shall elect a Chair and Vice- Chair. Thereafter, Chair members shall be appointed annually. The presence of a majority of the voting members shall constitute a quorum. The Committee shall adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers, and Duties of the Committee. The functions, powers and duties of the Committee shall be: A. To serve as a forum for community review and discussion regarding Habitat Conservation Plans. B. To evaluate the feasibility of using Habitat Conservation Plans to protect endangered species in Collier County, excluding the Rural Lands Stewardship Area, and in particular to explore the ramifications of multi-species HCPs, including the following elements: 1. Issues of geographical scope and coverage of HCPs; 2. The species associated with the geographical scope; 3. Types of impacting activities, including County infrastructure needs; 4. Financial impacts of multi-species HCPs; 5. Community support of HCPs; and 6. Alternatives to HCPs if HCPs are not deemed feasible. C. To provide a recommendation to the Board of County Commissioners regarding the development and implementation of Habitat Conservation Plans. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. 2 12E SECTION FIVE: Dissolution of Committee. At the conclusion of three (3) years from the date of the resolution appointing the additional members, the Committee's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Committee, dissolution shall occur at the end of the extended term. SECTION SIX: Supersede Resolution No. 2005-174. Collier County Resolution No. 2005-174 is hereby superseded. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: . I-~" ,.. ,__ ,', DWIGHf'E:'~CK, Clerk " . --, ...~~ ',. BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA '-. ',', \I,:~~..- :.'." 11 ~<'1 .' Il! '4.....', '". .." ..',) ~t -'.I. .."... ,~.,'(" . Mtl\ti:a1'.tO Chi fnlan' S It...bft 0111 y. By: :-,;:~ ~ .... FRANK HAlAS, Chairman Approved as to form and '~U' EVEN D. GRIFFEN Assistant County Attor Item # I~E Agenda d-l ct A/- Dale --vo 3 16A2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of 'r~. 20(6 between Treviso Bay Development, LLC, a Delaware limited liability company, VK Holdings Treviso Bay Golf Course, LLC, a Florida limited liability company, and VK Holdings Treviso Bay Commercial, LLC, a Florida limited liability company (Treviso Bay Development, LLC, VK Holdings Treviso Bay Golf Course, LLC, and VK Holdings Treviso Bay Commercial, LLC shall hereinafter be referred to collectively as "Developer") and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Treviso Bay B. Section IO.02.04 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be constructed: All improvements to be constructed in accordance with the Plans and Plat Review previously submitted for Treviso Bay and the Final Subdivision Plans for Treviso Bay in Phase I of Treviso Bay, including but not limited to the following: · Site Clearing · Grubbing · Earthwork · Lake Excavation for Surface Water Management System · Perimeter Berm Construction · Sanitary Sewer Installation · Storm Sewer Installation · Water Main Installation · Road Construction · Re-vegetation within eighteen (18) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of 16A2 $6,895,791.52, which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished for review and approval by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notifY the Developer in writing of his preliminary approval of the improvements; or b) notifY the Developer in writing of his refusal to approve improvements, therewith specifYing those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement, and once within every six (6) months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project recordS necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 16A2 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, and upon certification of such failure, the County Administrator may call upon the subdivision performance. security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. Witnesses: ~ J;J -.d!--- c::.+I1l-1 ~ C 12-4, ~rin1i~ tN.m 1\ IS l\ (Printed Name) Witnesses: ",../.. Q... ~ /? ..,--' CHl1..I~ ~lZA1- ~Mt~~ (Printed Name) Witnesses: Treviso Bay Development, LLC. . 13~~~~I~,LL~ ~ Sanj y uttemperoor, Vice President VK Holdings Treviso Bay Golf Course, LLC BY~~ ~ Sanjay uttemperoor, Vice President VK Holdings Treviso Bay Commercial, LLC BY~A~'~ __ Sanjay uttemperoor, Vice President (Printed NaIlle)"""". ~~__, ~C!:;'":;~: ~'" ATTEST,;' tiWiGi'I'f."t~ BROCK, CLERK "..... ..~~ ~ r, : ,/ -- . ',:, if' ' , . :' " "", \ U' ...- .':-:' ~~~ . . thaf,."' S 'l1~itu'..orit . . Approved' a'$r!9,r~ an! iegal sufficIency: .....,.... 16A2 BOARD OF COUNTY COMMISSIONERS OF COLLIER ~' FLORIDA ~> ~ --, ../ F~~ l-\A\...l6. CHAIRMAN MEMORANDUM Date: February 15,2006 To: John Houldsworth, Senior Engineer Engineering Services Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-22 "Forest Glen" Resolution 2006-23 "Forest Park" Resolution 2006-24 "Forest Park Phase II" Enclosed please find one copy of the document referenced above (Agenda Items #16A3, #16A4 and #16A5), approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please feel free to contact me at 774-8411 Thank you. Enclosures 16A3 ORIGINAL DOCUMENTS CHECKUST & ROUTING SUP 16 1-\ ;; TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered tn the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines It 1 through #4 as appropriate fix additional signatures, dates, and/or information needed. If the document is already complete with the f h Ch ' t d r h h f r # I th h #4 I I lh h kl t d f d 1 S FI (l #5) eXC~iOn 0 t e airman S SIgna ure, raw a me t rougr rou mg loes mugl ,COffiI-JJC e e c ec IS, an arwar 0 ue 'I son me Route to Addressee(s) Office Initials Date (List in routing order) I. S~c/ry j,<'( ~fC/;'70/>'7 ?;y/~ "!J~5 J ,';iC:- e '- c. 2. i / // 3. // / 4. / \ 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the persoll who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff lor additional or missing information. All original documents needing the Bee Chaimlan's si!,,'Tlature arc to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BeC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached o~." l., -;"-) . ;; ,+-S 1-- iG 4. I ~ b~Zl I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initia!ed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BeC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialcd by the County Attorncy's Office and all other arties exce t thc BCe Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCe approval of the document or the final nc Jotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The documen' was approved by the BCC on c' / ,~ter date) and all changes made during the meeting have been incorporated in e attached document. The Count Attorne 's Office has reviewed the chan es, if a licahle. Yes (Initial) N/A(Not A Iicable) 2. 3. 4. 5. 6. ,"JJ J J [.1 j !( A1?.( ;.//'" 4~{Z N/A is not an option for line 6. 1: Forms! County Forms! Bee Fanns! Origin<lJ Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A3 RESOLUTION NO. 2006 - :1:1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FOREST GLEN OF NAPLES, PURSUANT TO THE PLAT THEREOF RECORDED IN PLAT BOOK 31, PAGES 94 THROUGH 103, WITHOUT RESPONSIBILITY FOR MAINTENANCE, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 13, 1999, approved the plat of Forest Glen of Naples 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 platted roadway and drainage improvements and release of the required 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 platted roadway and drainage improvements in Forest Glen of Naples, pursuant to the plat thereof recorded in Plat Book 31, Pagcs 94 through 103, without responsibility for maintenance, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the Forest Glen of Naples Homeowner's Association shall be responsible for the maintenance of the roadway and drainage improvements in accordance with the recorded plat of Forest Glen of Naples. lhis Resolution adopted after motion, second and majority vote favoring same, this / ;- /; ;I.; day of "J L t I", I( 01 , 2006. // _'l..Yi.\.~i''':'^, _ ~. Z-fX)fr DATE: ::~,,:,.,:<,o,,~~ I, I.{J ATTEST,: " ,_, ,,',..,',' DWIGHT'IIi, BROck 't1.::BRx ;; ~ '<< '~ ,~ ,-~ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'I/i,,_ ..,j,i'"..J. 'hpn A-ttt'st, ~jf:'to';Cftl'1~lik It...turt onl,. By: ~~~'--- Frank Halas, Chairman App and Item # 1ie.B3.. Jeffrey A Assist t Agenda 2 _11rD~ Dale Dol!' 2 -I S _ ^f. Rec'd lJO ~- ~aknlj)~f putyCler1< MEMORANDUM Date: February 15, 2006 To: John Houldsworth, Senior Engineer Engineering Services Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-22 "Forest Glen" Resolution 2006-23 "Forest Park" Resolution 2006-24 "Forest Park Phase II" Enclosed please find one copy of the document referenced above (Agenda Items #16A3, #16A4 and #16AS), approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please feel free to contact me at 774-8411 Thank you. Enclosures 16A4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original docllments should he hand delivered to the Board Olliee. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/of infcllmation needed If the document is already complete with the exception oflhe Chaimlan's signature, draw a line throuQh routing lines It] throl,!gh #4, comp!cte the checklist, and fOf'I.V3rd to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routil1g order) 1. J~/714 ~6 1" c- .,()(~ cP~3 ./.IJ tJ, ).j II- A1/n,n 2. 1/ / 3. V / 4. I \ 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office .;;; (The primary contact is the holder oflhe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees ahove, inclllding Sue Filson, need to contact staff tor additional or missing infOlmation. All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the item. PRIMARY CONTACT INFORMATION Name of Primary Staff Contact Agenda Date Item was A roved b the BeC Type of Document Attached ..)~.",..1 l-k,,; '-' t>- " 'l>.- L~ Phone Number - .,: ~I c'-' t,,', "J. .0 '\.,. T Agenda Item Number !Go.\. 4, I ;:Lt;,;, Lv 'I Q i'-~ \1; - ?3 Number of Original Documents Attached Initial the Yes column or mark "N/ A" in tne Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by tne Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the COLlnty Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee j U Chairman and Clerk to the Board and possibly State Olncials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~ ,,vI/? Office and all other parties except the Bec Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval orthe .JU , document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~nature and initials are required. ,j ,0 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. ./ Some documents arc time sensitive and require forwarding to Tallahassee within a certain ,///LL ~ time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The documen' was approved by the BCC on ~,/'it'{'~ter date) and all changes N/A is not made during the meeting have been incorporatea in e attached document. The 4.4/~~ an option for County Attorney's Office has reviewed the chancesl if applicable. / line 6. INSTRUCTIONS & CHECKLIST I: Fonnsl County Forms! Bee Fonnsl Original Documents Ruuting Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05 16A4 RESOLUTION NO. 2006-2L RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN FOREST PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 35, PAGES 1 THROUGH 7, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE DRAINAGE AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE FOREST PARK HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 12, 1999, approved the plat of Forest Park for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of the required maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer 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 platted roadway, drainage, and water and sewer improvements in Forest Park, pursuant to the plat thereof recorded in Plat Book 35, Pages I through 7, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accepts the future maintenance and other attendant costs for drainage and water and sewer improvements that are not required to be maintained by the Forest Park Homeowners Association. . 7~is Ress>>-:tion adopted after motion, second and majority vote favoring same, this / </ day of 1< I; J If tl f i J ' 2006. . !) /'"",: 15 ;/ DATE..~ I~le ATTES.1;;:..... "< DWIc;.lfr"~. BROOK:"f'1-ERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ rank Halas, C at an- - -- Item# ~ Agenda 1'\ -II r -6b Date ~ Dale a -I') F6~ Rec'd ~IOC MEMORANDUM Date: February 15,2006 To: John Houldsworth, Senior Engineer Engineering Services Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-22 "Forest Glen" Resolution 2006-23 "Forest Park" Resolution 2006-24 "Forest Park Phase II" Enclosed please find one copy of the document referenced above (Agenda Items #16A3, #16A4 and #16A5), approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please feel free to contact me at 774-8411 Thank you. Enclosures 16A5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. lhe complcled rouling slip and original documents are to be forwarded to the Board Office only aftn the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Wthe document is already complete with the h I # h r exception of the Chairman's silZnature, draw a line t rough routing lines #1 throug,] 4, complete t c check 1St, and forward tn Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 0cvndr L ('iJ 1":::, ;f Ci>rrF . /~' #.:/'(,- ,,1/1 .?~:::: /-.4- 2, \ , 3, V 4, /\ 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one urlhe addressees above, including Sue Filson, need to contact staff fur additional O[ missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached jt!l )~ /.\.(>0'__ 'D~:;. ';'l...: t Phone Number ~,'.,') , S l 51 !\. 'S Yes (Initial) N/A(Not A licable) ."l ,4 \u0 Agenda Item Number Jw .)\ .\J.) .;t afi.~ /' "\L.'i...$ ~ '-",':;' T\ D '__\ ()~ -2 Numher of Original Documents Attached ,4;;z.~ N/A is not an option for line 6. 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have heen initialed by the County Attorney's Office and all other arties exec t thc BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCe approval of the document or the final ne otiated contract date whichc,,'er is a licablc. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's si nature and initials arc re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC omcc within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware 0 our dead(ines~ The document was approved by the BCC on "; ,-" t C(en'er date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. I: Forms! County FOIms! Bee Forms! Original Documents Routing Slip WWS Original 9.0.H)4, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16A5 RESOLUTION NO. 2006---2A. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FOREST PARK PHASE II, PURSUANT TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38, PAGES 1 THROUGH 4, WITHOUT RESPONSIBILITY FOR MAINTENANCE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE FOREST PARK HOMEOWNER'S ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 12, 2002, approved the plat of Forest Park Phase II 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 the required 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 platted roadway and drainage improvements in Forest Park Phase II, pursuant to the plat thereof recorded in Plat Book 38, Pages I through 4, without responsibility for maintenance, and the Clerk is hereby authorized to release the maintenance security. '7hiS Res?lution adopted after motion, second and majority vote favoring same, this /1// day of ;; b Y I ! "J ' 2006. (:/ i/ DATE: j-~u,r 1St ZC50p ATTEST: .<">"'''''' ',' DWIGHT,E:'BROCK>CLERK : . . "" '''6\' ":'. - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ .". ~'. ~" . By:~>2~/ Frank Halas, Chairman oc Attt~; ~~;'~ ~f=~~erk 11....tlll't 0111,. A roved as to form an legal uf' ciency: Item # 1W A-5 Agenda f). -it[. JJ^ Date =-1Jo{) ~:~~d Q -IS- -00 16A6 Docwnent Prepared By Michael 1. Delate, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDNISION IMPROVEMENTS entered into this t <'l 'l "'" day of UtAJj , 2006 between WCI Communities, Inc., hereinafter referred to as "Developer", and th Board of County CommIssIoners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, prior to the delivery of this Agreement, received the approval by the Board of a certain plat of subdivision known as: "Artesia Naples" 2. Chapter 1 0.02.04 of the Collier County Land Development Code allows the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 18 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $2,513,754.10 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. RECEIVED , "). . , \~,.; Page 2 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designees for compliance with the Collier County Land Development Code. 5. The County Manager or his designees shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designees. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designees inspect the improvements. The County Manager or his designees or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designees to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designees. The County Manager or his designees may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any damages, either direct 16 .,.. i" 4" /if .~, {P.",) 1I ..~ ~..J Page 3 or consequential, which the Board may sustain on account of the failure of the Developer to carry out all ofthe provisions ofthe Agreement. 9. All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns ofthe Developer. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this j"'j~day of IMk( ,2006. Signed, Sealed and Delivered in thepresenc~ = 4rrlho (Printed or Typed N~ xlH.Jj/J Mfh"!7'ttH J ~!iN (Printed or Typed Name) BY: WCI Communities, Inc. BY: J i ~(~/L Its Vice President, Dan Ciesielski . ~.j .. ,9ti.f' '1'(,/ . .'I' .;- Attest: ... . 'nwightE. Bh)Ck, Clerk, of Collier County; FloridA. /. Board of County Commissioners \... BY: ~~/ Frank Halas, Chairman Approved as to form and legal sufficiency: Item # ((0 t\1p , ',~n~:::d3 6l. - ( t.{-()b '-'~' .--.-..-.-- Jeff t Assistant Collier County Attorney .. . s: l 9-0<::, ~....".-.""'.'-'- . , '. ~ ~ ;...........>...._-~ :'-" .(" BOND NO. SUlOOlf,O(, 16A6 PPL-2003-AR-4794 Project: 2003060010 COLLIER COUNTY LAND DEVELOPMENT CODE Date: 7/14/04 REV: 4 DUE: 7/281 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that WCI COMMUNITIES, INC. 24301 WALDEN CENTERDRlVE SUITE 300 BONITA SPRINGS, FL 34134 (hereinafter referred to as "Owner") and ARCH INSURANCE COMPANY 3 PARKWAY SUITE 1500 PHILADELPHIA, P A (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate swn of Two Million Five Hundred Thirteen Thousand Seven Hundred Fifty Four and 10/100 Dollars ($2.513,754.10) in lawful money of the United States, for the payment of which swn well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Artesia, Naples and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of fmal acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other docwnents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this __6th day of July, 2004 ~Ioocxx WITNESS: ,;~y: ~~'./ /If 9c(-fWA~ '7.#. . -L/s.,c; /'1. 6,;;;" J/ / ,Il./ " .;.;/ 1 , ? . Arch Insurance Company By:. ~t,\~. vQA1/{~ Attorney-In-Fact Joy M. Williams Bond No. SUlOOl606 ~ WCI CO~ities, Inc. By: ~ C!'l-- Steven C. Adelman Senior Vice President WITNESS: By&&ona-h C1oJ.)r; h Deborah Clausen 2ND WITNESS FOR ARCH INSURANCE -r::AI<A- v\/AtgJ-i Tara Walsh By: 16 A l 'u COMPANY " : ,l CORPORATE ACKNOWLEDGMENT FORM ST ATE OF FLORIDA COUNTY OF LEE On this 7 day of 51/ L ~ ' 2004, before me personally appeared ifeJIeAJ (!.. !Jf),;/.AIIAJo me known, w 0, being by me first duly sworn, did depose and say that he resides in ~../~County, Florida, and that he is 5€Moi. r~ P~~f WCI Communities, Inc., a Delaware corporation, being the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such corporation's seal; that such seal was so affixed by order and authority of the Board of Directors of said corporation; and that he signed his name thereto by like order and authority. My commission expires: NO~~~/ State of Florida (!}'A';;'~:~::"*" JANETH P. HALL .... :-..,;. Notary Public, State of Florida My comm. expires Feb. 8, 2008 ~~ ... . Comm. No. OD288471 ..~--_._- J/jAJer-1I "P. #-4u. Printed Name of Notary Public 'Do ;)9i'Cl7/ Notary Public Commission Number 16A6 Bond No. SUI001606 State of Tennessee) County of Knox) I certify that I know or have satisfactory evidence that Joy M. Williams signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the State of Florida for the purposes mentioned in this document. Dated on July 6,2004 ",.... ""'I \" J " "" ~ · Co "" ....~ v .. · · . . ill '"^ '.. f '.. .."1' -:... ~::'q;... NOTARY ..~ \ - . - : · PUBLIC . : -. AT .- :. 1'\1 . = -=- · lARGE · = -:, e. . . ~ .. '1;,. . · ~ ~ " ."'0 · .. ~ .. " ~. . . . . \~ .... "'" COUN1"i, "".... ""'ft.tt"" My commission expires September 29.2004 FlUNG A COMPLAINT OR NOTICE ON THIS BOND Any correspondence relative to a complaint or notice of claim to the surety should be forwarded to the following: Arch Insurance Company 3 Parkway Suite 1500 Philadelphia, P A 19102 Attention: Mr. Carl Castellano Or Fax to the attention ofMr. Carl Castellano at 866-455-7099 16Ac 1 6 I~ ~,>.,~ 11 ~",F' In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9th day of October , 20~. Arch Insurance Company Attested and Certified Joseph S. L ~ /,~~- Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFIClAl.. SEAl MalSSA B. GILLIGAN, Notary Public Stale of Connedicut M Commission Expifes FebnI 28, 2005 /~ ar:J<Y7 .fJc%JJlqr2/) Melissa B. Gilligan, Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated October 9. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 6TH day of JULY ,2(XJ~. -" This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas City, MO OOMLOO 13 00 03 03 Page 2 of 2 Printed in U.S.A. CORPORATE ACKNOWLEDGMENT FORM STATE OF FLORIDA COUNTY OF LEE On this 7 day of .5vt...Y ,2004, before me personally appeared , STeYlW (I. AiJeLA./JAJ to me known, who, being by me first duly sworn, did depose and say that he resides in LDW'~L County, Florida, and that he is $itP(ot. lIu ?116t7BJ1 of WCI Communities, Inc., a Delaware corporation, being the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such corporation's seal; that such seal was so affixed by order and authority ofthe Board of Directors of said corporation; and that he signed his name thereto by like order and authority. My commission expires: ~M NtStary Public State of Florida --.--...-- 4:;;'~''''~ JANETH P. HAll {W~l~' .~\ Notary Public, State of Florida ,. t My comm. expires Feb. 8, 2008 "~,Nt.!li .., Comm. No. 00288471 JIWGm ? //4LL. Printed Name of Notary Public P 1:> d.-R8 <.f ( I Notary Public Commission Number 1 6 Al,.' it' ~ ~.;.;_., \"" ." "'j Ii ,.i.1 Bond No. SUI001605 State of Tennessee) County of Knox) I certify that I know or have satisfactory evidence that JOY M. Williams signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the State of Florida for the purposes mentioned in this document. Dated on July 6,2004 ",tI' ....., \\\' J C "" ", -. . Oltt " .. ,..~ .. ' .. ~ v .. · . L\'.. ~" . . ""I" ' :-~.. e.-V ~ ~~. NOTARY · 0:. =~. . -: : . PUBUC . - :. A"r .: _. "I .: ~ · LARGE · ~ .. . . .. ~ .... . . ~. .. ~r,~ .. .. ~ ..... ..... OJ, ..... <<<; ,.... .., ., C ,," "" OUN1', "., ",'......',,' My commission expires September 29.2004 FTl .ING A COMPI,A TNT OR NOTICE ON THIS BOND Any correspondence relative to a complaint or notice of claim to the surety should be forwarded to the following: Arch Insurance Company 3 Parkway Suite 1500 Philadelphia, P A 19102 Attention: Mr. Carl Castellano Or Fax to the attention ofMr. Carl Castellano at 866-455-7099 ~ ,..:~ iJj '< 16 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9th day of October , 20~. Arch Insurance Company Attested and Certified Joseph S. L ~/,~~ Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAl. MEUSSA B. GIWGAN, Notary Public State of Connecticut M Commission Expires Febru 28,2005 ~ ~rO{Y7 fJcJ/U/'Cl/7/} Melissa . Gilligan, Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated October 9. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 6TH day of JULY, 20~. ------ This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas City, MO OOMLOO 13 00 03 03 Page 2 of 2 Printed in U.S.A. "'Ii .t ,~ \....:). .. .~ Docwnent Prepared By Michael J. Delate, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OFF-SITE ROAD IMPROVEMENTS (TOWER ROAD, PRICE STREET AND BAREFOOT WILLIAMS ROAD) THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDNISION IMPROVEMENTS entered into this 19 T ,~ day of ~ ' 2006 between WCI Communities, Inc., hereinafter referred to as "Developer", and e Board of County CommIssIoners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, prior to the delivery of this Agreement, received the approval by the Board of a certain plat of subdivision known as: "Artesia Na les Off-site Road 1m rovements" 2. Chapter I 0.02.04 of the Collier County Land Development Code allows the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction ofthe required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: I. Developer will cause to be constructed water, sewer, storm sewer and road improvements within 18 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $1,290,232.90 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date ofthis Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. RECEIVED 16 ^ . ~ i.? At Page 2 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designees for compliance with the Collier County Land Development Code. 5. The County Manager or his designees shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designees. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designees inspect the improvements. The County Manager or his designees or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designees to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designees. The County Manager or his designees may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any damages, either direct 1 Page 3 upon completion of construction, the final cost to the Board thereof, including but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to carry out all ofthe provisions ofthe Agreement. 9. All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns ofthe Developer. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this ~day of ~ t ' 2006. Signed, Sealed and Delivered in the presence of: mJfU - .t\.-v1~ --r l' ~ J. ~/t7t)5;;b,J ~~ iL<;'~f1 4.-IhDnv (Printed or Typed Nmrte) BY: WCI Communities, Inc. BY: j 1 ~{M Its Vice President, Dan Ciesielski Attest: Dwight'E.BroSk, Clerk of Collier Courit)?,:Florida . '-, Board of County Commissioners ,0.( BY: ~~~/ Frank Halas, Chairman Approved as to form and legal sufficiency: / JeffE W . Assist Collier County Attorney r'~-"'''- - -, -0 '<- ~~ I"", ~~~J ~ (9~ : 1 ( -~--- BOND NO. SUI00160S 16A6 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND PPL-2003-AR-4794 Project: 2003060010 Date: 7/14/04 REV: 4 KNOW ALL PERSONS BY THESE PRESENTS: that DUE: 7/28/~ WCI COMMUNITIES, INe. 24301 WALDEN CENTER DRIVE SUITE 300 BONITA SPRINGS, FL 34134 ARCH INSURANCE COMPANY 3 PARKWAY SUITE 1500 PHILADELPHIA, PA ~ i 1r;::~1 t:.. ~.'~~;:;;; ~J~-\.~\-.'-":-."~.'-.'.(;.~';;;~- c',' \ \, I ;:~:: I r / i'" , ,._..J '-.:7 .:':1 l ..J:.' I n ~ij~~- 2~~~1 ~ III ...)e\'i::;I'~\ment SW'.Hl.J n . .__..-.:.__:.........:.':::. w ii/iS/On --....----........ - (hereinafter referred to as "Owner") and (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of One Million Two Hundred Ninety Thousand Two Hundred Thirty Two and 90/1 00 Dollars ($1.290,232.90) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBUGA TION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Artesia, Naples and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfY all claims and demands incurred and shall fully indemnifY and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other docwnents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 6th day of July, 2004 1 t, It "' " )- Bond No. SUlO01605 X~ClI&~.~j~~J~X WITNESS: By: ~~. /if 9{pt<~,,~ k/S;9 /1(. (6i/~ v tAl ~ OWNER WCI Communities, Inc. J3- C;L- By: Steven C. Adelman Senior Vice President SURETY Arch Insurance Company WITNESS: By0ft\~ ~\. I..OA.UvJ Att~ey-In-Fact Joy M. Williams WITN~~~?~ own;:p // /?/) By: ~~~ J eth Hall By: 1) Go9-to..h ~1 a ,UJLr \ Deborah Clausen WITNESS to Surety: ---:3.1 1 I I CJ-.( C C By: IT\t,~"7'\!Iv \o\LL '--') Tara Mealer 16 ~ E L PRELIMINARY OPINION OF PROBABLE COST 3/9/2004 1-\ Lands End Construction Barefoot Williams Road Item No. Description Unit Approx. Unit Extended Quan. Price Price Dlv.A ROADWAY IMPROVEMENTS 1 12" STAB. SUBBASE SY 9,676 $ 2.50 $ 24.190.00 2 6" ABC - 3 BASE SY 1,322 $ 10.00 $ 13.220.00 3 1 1/4" TYPE S-I ASPHALT SY 9,676 $ 3.40 $ 32.898.40 4 3/4" TYPE S-III ASPHALT OVERLAY SY 12,969 $ 2.50 $ 32.422.50 5 4" CONCRETE PATHWAY SY 4,261 $ 14.00 $ 59654.00 6 8" L1MEROCK (LBR 100) SY 8,356 $ 7.00 $ 58 .492. 00 7 4" L1MEROCK (LBR 100) SY 5.227 $ 3.50 $ 18.294.50 8 MAINTENANCE OF TRAFFIC LS 1 $ 10,000.00 $ 10.000.00 9 PAVEMENT MARKING LS 1 $ 2,000.00 $ 2,000.00 DIV. A TOTAL= $ 251.171.40 Div. B DRAINAGE AND EARTHWORK 10 RCP CULVERTS 15" LF 571 $ 14.00 $ 7.994.00 11 RCP CULVERTS 18" LF 504 $ 18.00 $ 9.072.00 12 RCP CULVERTS 24" LF 1,963 $ 25.00 $ 49.075.00 13 RCP CULVERTS 30" LF 457 $ 34.00 $ 15.538.00 14 RCP CULVERTS 36" LF 38 $ 40.00 $ 1.520.00 15 GRATED INLET TYPE "C" EA 24 $ 1,200.00 $ 28.800.00 16 GRATED INLET TYPE "D" EA 2 $ 1.500.00 $ 3.000.00 17 GRATED INLET TYPE "H" EA 2 $ 2.000.00 $ 4.000.00 18 JUNCTION BOX EA 5 $ 1,500.00 $ 7.500.00 19 CONCRETE M.E.S. 15" EA 8 $ 900.00 $ 7.200.00 20 CONCRETE M.E.S. 18" EA 2 $ 1.000.00 $ 2.000.00 21 CONCRETE MES. 24" EA 1 $ 1,200.00 $ 1.200.00 22 CONCRETE M.E.S. 30" EA 3 $ 1.500.00 $ 4.500.00 23 FILL CY 2.000 $ 8.00 $ 16.000.00 24 SOD SY 10,000 $ 2.70 $ 27.000.00 25 SILT FENCE LF 9.600 $ 2.00 $ 19.200.00 26 CLEARING LS 1 $ 10.000.00 $ 10.000.00 27 RIGHT OF WAY RESTORATION LS 1 $ 10,000.00 $ 10.000.00 DIV. B TOTAL= $ 223.599.00 DIV.C WATER DISTRIBUTION SYSTEM 24 10" DR14 PVC WATER MAIN LF 2.615 $ 22.00 $ 57.530.00 25 CONNECTION TO EXISTING 8" WM EA 1 $ 2.500.00 $ 2.500.00 26 10" GATE VALVE EA 5 $ 1,100.00 $ 5,500.00 27 10" CL50 DIP LF 10 $ 24.00 $ 240.00 28 PERM. SAMPLE POINT EA 1 $ 600.00 $ 600.00 29 TEMP. SAMPLE POINT EA 2 $ 200.00 $ 400.00 30 TEMP. BLOWOFF EA 2 $ 1,200.00 $ 2.400.00 DIV. C TOT AL= $ 69.170.00 DIV. D SANITARY SEWER COLLECTION SYSTEM 35 8" PVC FORCE MAIN LF 1564 $ 20.00 $ 31.280.00 DIV. D TOTAL= $ 31 280.00 AMOUNT DIV.A $ 251.171.40 DIV. B $ 223.599.00 DIV. C $ 69.170.00 DIV. D $ 31,280.00 BAREFOOT WILLIAMS ROAD TOTAL $ 575,220.40 NOTES: 1 This is an estimate for budgeting purposes only. 2 All site infrastructure is subject to review and approval by appropriate permitting agencies and subject to change. 3 Unit cost shown are estimates and subject to change. FfJr 4 Irrigation and landscaping is not included. 5 This opinion was prepared in 2004 for plaUbonding purposes. It has not been reviewed. for any changes since the original submittal. ~(J This opinion is being resubmitted for continuity purposes. IO/IB{tJCS 1 ,~~ .~ !t'.-""" '\ 3/9/2004 '.{J Unit Approx. Unit Extended Quan. Price Price SY 4.873 $ 2.50 $ 12182.50 SY 3,655 $ 10.00 $ 36.550.00 SY 3,655 $ 3.40 $ 12 427.00 SY 9,994 $ 2.50 $ 24.985.00 LS 1 $ 2.000.00 $ 2.000.00 LS 1 $ 8,000.00 $ 8.000.00 LS 1 $ 2.000.00 $ 2.000.00 DIV. A TOTAL= $ 98 144.50 LF 939 $ 14.00 $ 13.146.00 LF 566 $ 18.00 $ 10.188.00 LF 1,187 $ 25.00 $ 29.675.00 LF 59 $ 40.00 $ 2.360.00 EA 26 $ 1,200.00 $ 31.200.00 EA 1 $ 1,500.00 $ 1.500.00 EA 1 $ 1,700.00 $ 1.700.00 CY 600 $ 8.00 $ 4.800.00 SF 6,000 $ 2.70 $ 16.200.00 LF 5,600 $ 2.00 $ 11.200.00 EA 15 $ 1,000.00 $ 15.000.00 EA 7 $ 1,000.00 $ 7.000.00 LS 1 $ 10.000.00 $ 10.000.00 DIV. B TOTAL= $ 153.969.00 AMOUNT $ 98.144.50 $ 153.969.00 $ 252.113.50 PRELIMINARY OPINION OF PROBABLE COST Lands End Construction Price Street Item No. Description Div.A 1 2 3 4 5 6 7 Div. B 8 9 10 11 12 13 14 15 16 17 18 19 20 ROADWAY IMPROVEMENTS 12" STAB. SUBBASE 6" ABC - 3 BASE 1 1/4" TYPE S-' ASPHALT 3/4" TYPE S-III ASPHALT OVERLAY PAVEMENT MARKING MAINTENANCE OF TRAFFIC RELOCA TE RESIDENTIAL MAILBOXES DRAINAGE AND EARTHWORK RCP CULVERTS 15" RCP CULVERTS 18" RCP CULVERTS 24" RCP CULVERTS 36" GRATED INLET TYPE "C" GRATED INLET TYPE "0" CONCRETE HEADWALL 36" FILL SOD SILT FENCE REMOVE EXISTING CULVERTS AND STRUCTURES RECONSTRUCT EXISTING DRIVEWAYS RIGHT OF WAY RESTORATION' DIV.A DIV. B PRICE STREET TOTAL NOTES: 1 This is an estimate for budge1ing purposes oniy. 2 All site infrastructure is SUbject to review and approval by appropriate permitting agencies and subject to change. 3 Unit cost shown are estimates and subject to change. 4 Irrigation and landscaping is not included. 5 This opinion was prepared in 2004 for plat/bonding purposes. It has not been reviewed for any changes since the original submittal. This opinion is being resubmitted for continuity purposes. F.AX TRANSl\tfiTT...4.L Q. GRADY MINOR & ASSOCIATES, P.A. Engineers, Planners & Land Surveyors 3800 Via Del Rey Bonita Springs, Florida 34134 Phone: (239) 947-1144 Fax No; (239) 947-0375 FAXNO.: 213-2916 COPY: Beki Paratore (695-5720) DATE: November 23, 2005 FROM: Michael Delate RE; Artesia EW A (AR-8517) ...... --.........---..1. 6' ..---.. . " ,. PROJECT ID.: o ':"1 ,:;::) .c:: N ---:J ~ "'-'9' -~ ,..) ::::0' There are a total ot:..2..pages in this transmittal including this sheet. Ifthere is a problem transmitting or you do not receive the number of pages indicated, please call the above number immediately. '-MeSsage: Attached is evidence of authority for the EWA authorization. This should suffice. Q. GRADY MINOR & ASSOCIATES. P.A. E-mail: mdelate@gradyminor.com (-: ~ , ...J ::: -'7) --:" .-. ~- -' ----: " .... :::; . ---. .........; ....,",_.1_ z_~:~ , PRELIMINARY OPINION OF PROBABLE COST Lands End Construction Total Offsite Improvements 3/9/2004 ..::r~ f ~!,~ TOTAL OFFSITE IMPROVEMENTS $ 345.605.10 $ 575.220.40 $ 252.113.50 $ 1 172.939.00 L\ TOWER ROAD TOTAL BAREFOOT WilliAMS ROAD TOTAL PRICE STREET TOTAL NOTES: - 1 This is an estimate for budgeting purposes only. ~ , 2" ~ z t 2... q '0 2 All site infrastructure is subject to review and approval by appropriate permitting agencies and subject to chelnge. I L'/ 3 Unit cost shown are estimates and subject to change. 4 Irriga1ion and landscaping is not included. IL 5 This opinion was prepared in 2004 for plat'bonding purposes. It has not been reviewed for any changes since the original submittal. tJ. " . This opinion is being resubmitted for continuity purposes. .~ .'\ ";, ./"1 . ~ --~-.....- --~..~-- '~'-""---"-'-""-'--_.'~""'-~'-__~,___,'__H'_'''' - rl <"7 " I weI' COMMUNITIES, INC RECEIVED NUY 2 3 2005 a. Grady Minor & Associates, P.A ! [. j l I i I I , I i i I I ! j i , I i I I \ 1 j 24:."tj)1 WIiLDl1l'! c~mm DR. I BONm'< SPluHGS. I FlQlllDA 34134 \ TEL i2J9) 947-2600 ! . I wci&DmmunituufJ71I j June 1, 2D04 Letter of Signature Authorization For Dan Ciesielski ofWCI Communities, Inc. To Whom It May Concern: As Direct9r of Land Development for WCI's Southwest Division, Mr. Ciesielski routinely submits development order applications, service authorization requests and other governing agency applications in support of our land development and home building operations. I hereby certify and attest that Mr. Ciesielski is authorized to sign any and all such permit applications as necessary to procure site improvement andlor utility permitting on behalf of WeI Communities or any of its subsidiaries. Should you have any further questions regarding.'1his matter, please do not hesitate to contact me at 239-498-8200. Sincerely, _..S-..... ---........ . . "'~~<-- Tim Oak Division President WeI Communities, Inc. Southwest Division The foregoing instrument was acknowledged before me. by Tim Oak, who is personally known to be and did not take an oath. 2' 1 ('/J .LL~ ~.."".'H""'''''"'''''~__~ JIM...",," J : L. YNllI -.... i i m"'~ ~D1*ltIf1,: : ,.-"~'\ ~ 111111112ClO1 : ! ~~^I~ 1andlNi1ln~~a&41 . "i~lll~ JIIclride NlliMII Awn.. lnc . S..I.~......",......"..........~..t1... ..... Cyeating Lasting L~fest;lies 1 6 ..~('} :~ PREUMINARY OPINION OF PROBABLE COST 3/9/2004 , '\".. Lands End Construction Tower Road Item No. Description Unit Approx. Unit Extended Quan. Price Price Div.A ROADWAY IMPROVEMENTS 1 12" STAB. SUBBASE SY 1,964 $ 2.50 $ 4.910.00 2 6" ABC - 3 BASE SY 1,964 $ 10.00 $ 19.640.00 3 1 1/4" TYPE S-I ASPHALT SY 1,964 $ 3.40 $ 6.677.60 4 3/4" TYPE S-1I1 ASPHALT OVERLAY SY 9,487 $ 2.50 $ 23.717.50 5 4" CONCRETE PATHWAY SY 2,619 $ 14.00 $ 36.666.00 6 6" CONCRETE PATHWAY WITH 6x6x10 WIRE MESH SY 356 $ 21.00 $ 7.476.00 7 4" L1MEROCK (LBR 100) SY 3,274 $ 3.50 $ 11.459.00 8 MAINTENANCE OF TRAFFIC LS 1 $ 10,000.00 $ 10.000.00 9 PAVEMENT MARKING LS 1 $ 2,000.00 $ 2.000.00 10 RELOCATE SIGNAGE EA 7 $ 400.00 $ 2.800.00 11 RELOCATE CONCRETE L1GHTPOLE EA 1 $ 1,500.00 $ 1.500.00 DIV. A TOTAL= $ 126.846.10 Div.B DRAINAGE AND EARTHWORK 12 RCP CULVERTS 15" LF 337 $ 14.00 $ 4.718.00 13 RCP CULVERTS 18" LF 1299 $ 18.00 $ 23.382.00 14 RCP CULVERTS 24" LF 971 $ 25.00 $ 24.275.00 15 RCP CULVERTS 30" LF 19 $ 34.00 $ 646.00 16 RCP CULVERTS 36" LF 200 $ 40.00 $ 8.000.00 17 CONCRETE HEADWALL 18" EA 1 $ 800.00 $ 800.00 18 CONCRETE HEADWALL 30" EA 1 $ 1,400.00 $ 1.400.00 19 CONCRETE HEADWALL 36" EA 1 $ 1,700.00 $ 1.700.00 20 GRATED INLET TYPE "C" EA 19 $ 1,200.00 $ 22.800.00 21 GRATED INLET TYPE "0" EA 1 $ 1,500.00 $ 1.500.00 22 JUNCTION BOX EA 2 $ 1,500.00 $ 3.000.00 23 FILL CY 1,500 $ 8.00 $ 12.000.00 24 SOD SY 7,300 $ 2.70 $ 19.710.00 25 SILT FENCE LF 6,400 $ 2.00 $ 12.800.00 26 REMOVE EXISTING CULVERTS AND STRUCTURES EA 13 $ 200.00 $ 2.600.00 27 RECONSTRUCT EXISING DRIVEWAYS EA 7 $ 1,000.00 $ 7.000.00 28 RIGHT OF WAY RESTORATION LS 1 $ 10,000.00 $ 10000.00 29 CLEARING LS 1 $ 10,000.00 $ 10.000.00 30 REMOVE EXISTING CHAIN LINK FENCE LS 1 $ 2,000.00 $ 2.000.00 31 INSTALL NEW CHAIN LINK FENCE LF 400 $ 15.00 $ 6.000.00 DIV. B TOTAL= $ 174.331.00 DIV.C WATER DISTRIBUTION SYSTEM 25 10" DR14 PVC WATER MAIN LF 444 $ 22.00 $ 9.768.00 26 CONNECTION TO EXISTING 8" WM EA 1 $ 2,500.00 $ 2 500.00 27 10" GATE VALVE EA 3 $ 1,100.00 $ 3.300.00 28 8" CL50 DIP LF 60 $ 18.00 $ 1 080.00 29 TEMP. SAMPLE POINT EA 1 $ 200.00 $ 200.00 DIV. C TOTAL= $ 16.848.00 DIV. D SANITARY SEWER COLLECTION SYSTEM 30 8" PVC FORCE MAIN LF 1772 $ 15.00 $ 26.580.00 31 8" PLUG VALVE EA 1 $ 1,000.00 $ 1.000.00 DIV. D TOTAL= $ 27.580.00 AMOUNT DIV.A $ 126.846.10 DIV. B $ 174.331.00 DIV. C $ 16.848.00 DIV. D $ 27.58000 TOWER ROAD TOTAL $ 345605.10 1 NOTES: 2 This is an estimate for budgeting purposes only. 3 All site infrastructure is subject to review and approval by appropriate permitting agencies and subject to change. 4 Unit cost shown are estimates and subject to change. Irrigation and landscaping is not included. RECEIVED PRELIMINARY OPINION OF PROBABLE COST 3/9/2004 Lands End Construction Barefoot Williams Road Item No. Description Unit Approx. Unit Extended Quan. Price Price Diy. A ROADWAY IMPROVEMENTS 1 12" STAB. SUBBASE SY 9,676 $ 2.50 $ 24.190.00 2 6" ABC - 3 BASE SY 1,322 $ 10.00 $ 13.220.00 3 1 1/4" TYPE S-I ASPHALT SY 9,676 $ 3.40 $ 32.898.40 4 3/4" TYPE S-III ASPHALT OVERLAY SY 12,969 $ 2.50 $ 32.422.50 5 4" CONCRETE PATHWAY SY 4,261 $ 14.00 $ 59.654.00 6 8" L1MEROCK (LBR 100) SY 8,356 $ 7.00 $ 58.492.00 7 4" L1MEROCK (LBR 100) SY 5,227 $ 3.50 $ 18.294.50 8 MAINTENANCE OF TRAFFIC LS 1 $ 10,000.00 $ 10.000.00 9 PAVEMENT MARKING LS 1 $ 2,000.00 $ 2.000.00 DIV. A TOTAL= $ 251.171.40 Diy. B DRAINAGE AND EARTHWORK 10 RCP CULVERTS 15" LF 571 $ 14.00 $ 7.994.00 11 RCP CULVERTS 18" LF 504 $ 18.00 $ 9,072.00 12 RCP CULVERTS 24" LF 1,963 $ 25.00 $ 49.075.00 13 RCP CULVERTS 30" LF 457 $ 34.00 $ 15.538.00 14 RCP CULVERTS 36" LF 38 $ 40.00 $ 1.520.00 15 GRATED INLET TYPE "C" EA 24 $ 1,200.00 $ 28.800.00 16 GRATED INLET TYPE "D" EA 2 $ 1,500.00 $ 3.000.00 17 GRATED INLET TYPE "H" EA 2 $ 2,000.00 $ 4.000.00 18 JUNCTION BOX EA 5 $ 1,500.00 $ 7.50000 19 CONCRETE M.E.S. 15" EA 8 $ 900.00 $ 7,200.00 20 CONCRETE M.E.S. 18" EA 2 $ 1,000.00 $ 2 000.00 21 CONCRETE M.E.S. 24" EA 1 $ 1,200.00 $ 1.200.00 22 CONCRETE M.E.S. 30" EA 3 $ 1,500.00 $ 4.500.00 23 FILL CY 2,000 $ 8.00 $ 16,000.00 24 SOD SY 10,000 $ 2.70 $ 27.000.00 25 SILT FENCE LF 9,600 $ 2.00 $ 19.200.00 26 CLEARING LS 1 $ 10,000.00 $ 10.000.00 27 RIGHT OF WAY RESTORATION LS 1 $ 10,000.00 $ 10.000.00 DIV. B TOTAl= $ 223.599.00 DIV.C WATER DISTRIBUTION SYSTEM 24 10" DR14 PVC WATER MAIN LF 2,615 $ 22.00 $ 57.530.00 25 CONNECTION TO EXISTING 8" WM EA 1 $ 2,500.00 $ 2.500.00 26 10" GATE VALVE EA 5 $ 1,100.00 $ 5.500.00 27 10" CL50 DIP LF 10 $ 24.00 $ 240.00 28 PERM. SAMPLE POINT EA 1 $ 600.00 $ 600.00 29 TEMP. SAMPLE POINT EA 2 $ 200.00 $ 400.00 30 TEMP. BLOWOFF EA 2 $ 1,200.00 $ 2.400.00 DIV. C TOTAl= $ 69.170.00 DIV. D SANITARY SEWER COLLECTION SYSTEM 35 8" PVC FORCE MAIN LF 1564 $ 20.00 $ 31.280.00 DIV. D TOTAl= $ 31.280.00 AMOUNT DIV.A $ 251.171.40 DIV. B $ 223.599.00 DIV.C $ 69.170.00 DIV. D $ 31.280.00 BAREFOOT WilLIAMS ROAD TOTAL $ 575.220.40 1 NOTES: 2 This is an estimate for budgeting purposes only. 3 All site infrastructure is subject to review and approval by appropriate permitting agencies and subject to change. 4 Unit cost shown are estimates and subject to change. Irrigation and landscaping is not included. / v-"/ PRELIMINARY OPINION OF PROBABLE COST Lands End Construction Price Street Item No. Description Div. A ROADWAY IMPROVEMENTS 1 12" STAB. SUBBASE 2 6" ABC. 3 BASE 3 1 1/4" TYPE S-I ASPHALT 4 3/4" TYPE S-iil ASPHALT OVERLAY 5 PAVEMENT MARKING 6 MAINTENANCE OF TRAFFIC 7 RELOCATE RESIDENTIAL MAILBOXES Dlv. B DRAINAGE AND EARTHWORK 8 RCP CULVERTS 15" 9 RCP CULVERTS 18" 10 RCP CULVERTS 24" 11 RCP CULVERTS 36" 12 GRATED INLET TYPE "C" 13 GRATED INLET TYPE "D" 14 CONCRETE HEADWALL 36" 15 FILL 16 SOD 17 SILT FENCE 18 REMOVE EXISTING CULVERTS AND STRUCTURES 19 RECONSTRUCT EXISTING DRIVEWAYS 20 RiGHT OF WAY RESTORATION DiV.A DiV. B PRICE STREET TOTAL 1 6 A 3/9/2004 Unit Approx. Unit Extended Quan. Price Price SY 4,873 $ 2.50 $ 12.182.50 SY 3,655 $ 10.00 $ 36.550.00 SY 3,655 $ 3.40 $ 12427.00 SY 9,994 $ 2.50 $ 24.985.00 LS 1 $ 2,000.00 $ 2.000.00 LS 1 $ 8,000.00 $ 8.000.00 LS 1 $ 2,000.00 $ 2.000.00 DIV. A TOTAL= $ 98 144.50 LF 939 $ 14.00 $ 13.146.00 LF 566 $ 18.00 $ 10.188.00 LF 1,187 $ 25.00 $ 29.675.00 LF 59 $ 40.00 $ 2.360.00 EA 26 $ 1,200.00 $ 31 200.00 EA 1 $ 1,500.00 $ 1.500.00 EA 1 $ 1,700.00 $ 1.700.00 CY 600 $ 8.00 $ 4.800.00 SF 6,000 $ 2.70 $ 16.200.00 LF 5,600 $ 2.00 $ 11.200.00 EA 15 $ 1,000.00 $ 15.000.00 EA 7 $ 1,000.00 $ 7.000.00 LS 1 $ 10,000.00 $ 10.000.00 DIV. B TOTAL= $ 153.969.00 AMOUNT $ 98.144.50 $ 153.969.00 $ 252.113.50 1 NOTES: 2 This is an estima1e for budgeting purposes only. 3 All site infrastructure is subject to review and approval by appropriate permitting agencies and subject to change. 4 Unit cost shown are estimates and subject to change. \~ QJ%ll~' 'K:- ;; [ l ~ ,,~r J('~ ~. f_{C l J PRELIMINARY OPINION OF PROBABLE COST Lands End Construction Total Offsite ImDrovements 3/9/2004 .~ .It TOWER ROAD TOTAL BAREFOOT WILLIAMS ROAD TOTAL PRICE STREET TOTAL $ 345.605.10 $ 575.220.40 $ 252.113.50 $ 1.172.939.00 TOTAL OFFSITE IMPROVEMENTS 1 NOTES: 2 This is an estimate for budgeting purposes only. 3 All site infrastructure is subject to review and approval by appropriate permitting agencies and subject to change. 4 Unit cost shown are estimates and subject to change. Irrigation and landscaping is not included. ~/{ f ! 11<::[ 1PLfO ( S- L --------- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP16 A 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the eXI".P.ntion of the Chairman's si2llature, draw a line thrall",l routinR lines #1 through #4, conmlete the checklist, and forward to Sue Filson Wne #5). Route to Addressee(s) Office Initials Date I (List in routino order) 1. Sand r Lt LflL c'DES - Admll1l'oiYot t,'Oh %f1)/l ./ //<,L/ ~ 2. / I / \ 3. \/ 4. / , "" 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office ~: PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached fWn PiAtt-<;vSO(\ F'e\xvto.v' \~ dOb &> 0. h 5 ~(\ c -\1 Oil) ot: U {'(\ Phone Number cpS1-S1d.-\ /lRA (IO) d- fYP /'lA tW 01- f)/LY-- - I: Forms! eountyFormsJ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Agenda Item Number Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a r riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aw e f or deadlines! The document was approved by the BCC on <} / II'? enter date) and all changes made dnring the meeting have been incorporated in the attached document. The Conn Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. Jeffrey A. Klatzkow Assistant County Attorney 3301 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 (239) 774-8400 *** 3786510 OR: 3983 PG: 2849 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/16/2006 at OB:06AK DWIGHT B. BROCK, CLBRK RBC m 10.00 coms 1.00 This instrument prepared by: Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16AIO SA TISF ACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand and Twenty-Seven Dollars and Thirty-Four Cents ($7,027.34), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated February I, 2005, recorded in O.R. Book 3734, Page 0833, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Brandy Phillips and Habitat for Humanity, has been satisfied in full. Lot 60, Independence Phase 1, as recorded in Plat Book 41, Pages 44-46 of the Public Records of Collier County, Florida Also known as 1225 Allegiance Way, Immokalee Florida 34142 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Brandy Phillips and Habitat for Humanity, and consents to this lien being discharged of record. Dated this I Lf-th day of _I=""e brVl 0..1' y ,2006. ATTEST:. .;.:.",:.~: '" DWIGHT' g; BROVk;'{;I'erk .. ",- -.. ,'~-::-. ,. "., ,;;..." ": -, '.... .> ~ty Clerk ~.,test if ~''Chi 11'l1&n ' S '__ijN-,~ 1'1. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '?"> ~~ By:- ~-:l""""/ Frank Halas, Chairman Jeffr Assis App and -.------.-.... ,_.._._,.-.~.-----~,---_.._-,_..._-_..._------_.-.._~--_.,----.----..--..-...--- Jeffrey A. Klatzkow Assistant County Attorney 3301 Tamiami Trail, East Harmon Turner Building, glh Floor Naples, Florida 34112 (239) 774-8400 *** 3786511 OR: 3983 PG: 2850 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/16/2006 at 08:06AN DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 This instrument prepared by: Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 1240 16A10 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand and Seven Hundred and Fifty Dollars and Thirty-Four Cents ($7,750.34), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated November 2, 2004, recorded in O.R. Book 3670, Page 3673, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Esteban Chavez Jr. and Nancy Garcia and Habitat for Humanity, has been satisfied in full. Lot 26, Independence Phase I, as recorded in Plat Book 41, Pages 44-46 of the Public Records of Collier County, Florida Also known as 1204 Allegiance Way, Immokalee Florida 34142 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Esteban Chavez Jr. and Nancy Garcia and Habitat for Humanity, and consents to this lien being discharged of record. Dated this I y-rn day of re 'oru()f~ ,2006. ",,,,,...,, ATTEST: /. " , " . DWIGfirf'{: 'BRCiCK,Cterk ~(-:'i{_-~ '"'-="'\~~"1 By: ,: " ."" ' ;~~'.~.{,'.~S It,.....~ly. """'H'."'" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~..>-2~ /' Frank Halas, Chairman API oved s t form and ga f ienc~;.".,,- 1 ,'-'" ~ 1 .. .... Jeffr A. latzkow Assi nt unty Attorney -,---~,-~,,~~~,,--,~-,-----"-~--->""-'-'--'-~~'*~'-' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 ^ 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO H THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only &fW:: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exceotion of the Chairman's silmature, draw a line thrau,,"! routinlllines #1 throuldl #4, complete the checklist. and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin2 order) 1. SM1JrQ. Le 0- Cf);S - AJfV\lnis+faAlon ,j /.t4~' ///'i/,b 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office h PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive sunnnary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the ace has acted to approve the item. Name of Primary Staff Pat-kvson Phone Number CoSq- Sld.-\ Contact '(YI\{ Agenda Date Item was feb(lAo..Y ILj ;)-OO"=' Agenda Item Number /10 Pi (II A roved b the BCC Type of Document S:t-hStlkctiDYI on Uev> Number of Original J. Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a r nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw e f ur deadlines! The document was approved by the BCC on ,7 i (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. ttP Nf\ 2. 3. 4. 5. 6. 1f"'/ {UlL I: Fonns! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 This instrument prepared by: *** 3786505 OR: 3983 PG: 2816 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/16/1006 at 08:05AM DWIGHT E, BROCK, CLERK RBC FBB 10,00 cams 1.00 Jeffrey A Klatzkow Assistant County Attorney 330 I Tamiami Trail, East Hannon Turner Building, 8th Floor Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EIT 7140 16Al1 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Eight Thousand and Sixty-Nine Dollars and Seventy Cents ($8,069,70), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated August 2, 2005, recorded in O.R. Book 3858, Page 2026, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity, has been satisfied in full. Lot 35, Independence Phase 11, as recorded in Plat Book OR 3827, Page 835 of the Public Records of Collier County, Florida Also known as 1240 Allegiance Way, Immokalee Florida 34142 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Adrian V. Rodriguez and Maribel B. Arriaga and Habitat for Humanity, and consents to this lien being discharged of record. Dated this I~;-" day of FebrLlafY ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~A By: ~-~/ Frank Halas, Chairman Appr ed a to form and I al I ncy: .-~ This instrument prepared by: *** 3786506 OR: 3983 PG: 2817 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/16/2006 at OS:05AK DWIGHT E. EROCK, CLERK REC FEE 10.00 COPIES 1.00 Jeffrey A. Klatzkow Assistant County Attorney 3301 Tamiami Trail, East Harmon Turner Building, 8th Floor Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR BIT 7240 16Al1 SA TISF ACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand and Eight Hundred and Forty-Four Dollars and Thirty-Seven Cents ($7,844.37), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated November 18, 2004, recorded in O.R. Book 3682, Page 4087, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Normilia Exilus and Jean Jacques Docsol and Dorzilia Docsol and Freeman and Freeman, Inc., has been satisfied in full. Commencing at the Southwest comer of the Southeast Y. of the Northeast Y. of the Southwest Y. of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run North 143.12 feet; thence Easterly 30 feet to the Point of Beginning; thence continue Easterly 300.18 feet; thence North 0010'40" East 150 feet; thence Westerly 300.18 feet; thence South 0010'40" West 150 feet to the Point of Beginning. The Easterly 30 feet reserved for roadway purposes. The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Normilia Exilus and Jean Jacques Docsol and Dorzilia Docsol and Freeman and Freeman, Inc., and consents to this lien being discharged of record. Dated this Nt\. day of Fe6(t,utfj ,2006. A TTES1>'., .:::i. '.' ...... DWI9f{K~: B1we'k,:cter.k ::.. ;...,./ .. ,'........' '. f ;': ::, " .o'::'y-S ' . '- . ."::'-, By::": . 'l)::..;.. -> J[ ~" "~'. ,<ill'tv Clerk I ":;' St-l$..'Chi 11'11in . s ..~.;.l . .... J \.j.. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 5.>a~./ By:. t;;- ~ Frank Halas, Chairman ......,.,., Appr ed as to form and I al s f ci ....~ Jeffrey Assista 16814# MEMORANDUM Date: March 16, 2006 To: Brenda Bri1hart Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Addendum #1 to Bid 06-3934 "Pine Ridge 1-75 Interchange Streetscape Beautification Project Contractor: Hannula Landscaping, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16B1), approved by the Board of County Commissioners on Tuesday, February 14, 2006. An original has been retained in the Minutes and Records Department and one has also been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 www.colliergov.net 1681 , ADDENDUM DATE: January 6, 2006 TO: Interested Bidders FROM: @)srenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1 - BID 06-3934 - "Pine Ridge Road 1-75 Interchange Streetscape Beautification Project" CHANGE: Lane usage fees will be paid by the County. The Contractor must notify in writing forty eight (48) hours prior to closure if he has the intention to close a travel lane. If the County is not notified in writing, the contractor will be responsible for the daily lane usage fee. Lane closure is not permitted on 1-75 or lane closure which creates a back-up of traffic on 1-75. REPLACE: . Bid schedule with Revised Pages GC-P-2a and GC-P-2b. . Plan pages LD-4 and LD-25 CLARIFICATION: On page GC-P-10, on the second paragraph, place five percent (5%) of total bid price in the blank in the following sentence: "Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net. cc: Pamela Lulich, Transportation Dept. Encs: 1681 Memorandum DATE: IS MarcJy(2006 o~s- 0 '" :J)~ TO: Sheree Mediavilla, Senior Analyst Risk Management Department ~efi(1a Brilhart, Purchasing Agent FROM: RE: Review oflnsurance for: BID #06-3934 "Pine Ridge Road 1-75 Interchange Streetscape Beautification Project" Contractor: Hannula Landscaping, Inc. This Contract was approved by the BCC on February 14,2006 Agenda 16.B.I Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/774-8446. cc: Pam Lulich ITEM NO.: )-"\l,,)t U\- i rlt 'r\i'I\\\TV ATTORN8 DATE RECErvED: 06- f~c-- 060~~RI15 PMI2:l,8 1681 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE )5 REQUEST FOR LEGAL SERVICES Date: MarcJy( 2006 To: Robert Zachary Assistant County Attorney From: ~renda Brilhart, Purchasing Agent .' Re: Contract #06-3934 "Pine Ridge Road 1-75 Interchange Streetscape Beautification Project" Contractor: Hannula Landscaping, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 14,2006. 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(/) "'10 (ii' ;0 a: 0", g q. fD 0 3 o ii) o c ~ ;-" B I I l .. ,jj' or I o " ", , ,jj' ~ 0' :J <II i> n < .. !Il S' <II 9: ii) a. c: III S" '" z ;.. ~ <;) Z ;0 :I> z o -i 1"'1 Ul IJl -< ~ IT) o r o fTl IJl o ;;a -0 -j o z fTl IJl -j o -j ~ AI :::0 :::0 C) )> -j o z z o -j fTl IJl o o z -j fTl Z -j ;0 ;0 G) )> -I o z z o -I m (J) ;0 ;0 G) )> -I o z r m G) m z o 1681 Pine Ridge Road 1-75 Interchange Streetscape Beautification Project COLLIER COUNTY BID NO. 06-3934 COLLIER COUNTY, FLORIDA Design Professional: McGee & Associates, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 1681 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by McGee & Associates, Inc. and identified as follows: Pine Ridge Road 1-75 Interchange Streetscape Beautification Project as shown on Plan Sheets 1 through 25. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records 1681 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Pine Ridge Road 1-75 Interchange Streetscape Beautification Project COUNTY BID NO. 06-3934 Separate sealed bids for the construction of the landscape installation of the Pine Ridge Road 1-75 Interchange Streetscape Beautification Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 12th day of January 2006, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 11 :00 a.m. LOCAL TIME on the 3rd day of January 2006, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Pine Ridge Road 1-75 Interchange Streetscape Beautification Project, Bid No. 06-3934 and Bid Date of January 12, 2005". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the GC-PN-1 16B1 required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and forty (140) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period oftime which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 9th day of December 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: GC-PN-2 .16B1 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-13 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-I B-1 1681 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. ' Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to' Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 1681 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 1681 } opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material ReQuirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-IB-4 16B1 ., Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee atthe business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-IB-5 Section 13. Sales Tax 1681 " 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified," 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-18-6 1681 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it 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 from the date of being placed on the convicted vendor list." GC-IB-7 1681 ,~ :1\ t.' CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pine Ridge Road 1-75 Interchange Streetscape Beautification Project BID NO. 06-3934 Full Name of Bidder_l4" ~).J\A \ "-' L~.v J. 5C.~ Il\Ja :r:ivc.. Main Business Address ~ ~ \~ \ G,^ e>..i \ ~ tJe':a.t' L o.t-1't... \?>o.v: ~ SfAtJV~ J 1='JV't,I~ ~i1I?>S" Place of Business BON;-\:-'" SfRllI.'QS.. L~"'L. C.:>lA-r..;fy FlM; J", Telephone No. ~~l\-,\qd.'d.d.IO Fax No. a3q~ Lfrrg-bS/8 State Contractor's License # N ) ~ ~o }Jrt~ Co...J:1 L..t.f'~~ NIMtt{,.,..( /;l. ~7 0 '\~I ~Il To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number ) Date Issued \- b-~OO b Contractor's Initials u'FH- Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 1681 BID SCHEDULE Pine Ridge Road 1-75 Interchange Streetscape Beautification Project Bid No. 06-3934 GC-P-2 ...~- 1681 'l'. ., ~COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774-8407 FAX: 239/732-0844 www.colliere:ov.net Date: January 6, 2006 From: Brenda Brilhart, Purchasing Agent Re: ADDENDUM #1 BID 06~934 "Pine Ridge Road 1-75 Interchange Streets cape Beautification Project" To whom it may concern, Attached is Addendum Number 1 for bid number 06-3934 "Pine Ridge Road 1-75 Interchange Streets cape Beautification Project". If we may assist you further please do not hesitate to contact us. ~.t?-- Courtney Grosman Purchasing Technician Collier County Purchasing Department Co urtnevGrosman@colliergov.net p~ THIS MESSAGE BEING SENT IS INTENDED EXCLUSIVELY FOR THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED. THIS COMMUNICATIONS MAY CONTAIN INFORMATION THAT IS PROPRIETARY, PRIVILEGED OR CONFIDENTIAL OR OTHERWISE lEGALLY EXEMPT FROM DISCLOSURE. IF YOU ARE NOT THE NAMED ADDRESSEE, YOU ARE NOT AUTHORIZED TO READ, PRINT, RETAIN, COPY OR DISSEMINATE THIS MESSAGE OR ANY PART OF IT. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DELETE ALL COPIES OF THE MESSAGE. 1681 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUllDING NAPLES, FLORIDA 34112 (239) 774.8407 FAX (239) 530.6697 www.colliergov.net ADDENDUM DATE: January 6, 2006 TO: Interested Bidders FROM:.@1renda Brilhart, Purchasing Agent c. SUBJECT: Addendum # 1 - BID 06-3934 - "Pine Ridge Road 1-75 Interchange Streetscape Beautification Project" CHANGE: Lane usage fees will be paid by the County. The Contractor must notify in writing forty eight (48) hours prior to closure if he has the intention to close a travel lane. If the County is not notified in writing, the contractor will be responsible for the daily lane usage fee. Lane closure is not permitted on 1-75 or lane closure which creates a back-up of traffic on 1-75. REPLACE: · Bid schedule with Revised Pages GC-P-2a and GC-P-2b. · Plan pages LD-4 and LD-25 CLARIFICATION: On page GC-P-10, on the second paragraph, place five percent (5%) of total bid price in the blank in the following sentence: "Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and. void, otherwise to remain in full force and effect. If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net. cc: Pamela Lulich, Transportation Dept. Encs: 1)~ I- o W , o 0::: c.. 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No change will be allowed after submittal of Bid. If substitute material' proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. To~o r\~ol ~v.bbl'MS IOR.D 2. ~l "" \ u~ f'1J~e~ md t?-e::..o f.4te G e.s 3. Tr.le-e~ A-l\I;!, Pdv ims Fl~iJtl\ AJut1-rea,~ c-S 4. So~J.f'Nd t>1o\~~ rO\.r1. M's 5. Dated \-1;;1.- ;LCD b --B rAtJrJwl k. LP.-NJs C.t.\.fl'N8 :rtll(;." cJ~ BY: GC-P-3 1681 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. Cateqory of Work "I..e~i aA-1-,\mJ 2. SO~\l'Vd Subcontractor and Address Ha.I'JNW\."- ~'aNt-1\:)1\) 4=,vc.. .J&~'1' G\..u.j t s N-e~-r )..Clt-1l1"' (3.tltV/~ ~t?t~3 FL. 3.'\ '1 J S' ~fH.I~I\I~ "'- .so J, Lt '> 0 b f(t", ORe $os. Av '(. f\J~p ~s. Flol?iJ.. $'1/ol{ N I2S -r'/"\a.~"- SQ.fe~ n~os d'e~1\J 51.tc'f/1 fl. Hyevt-s, Fj.,/t; J~ '1391:), 3. t'lqi",~~_..~t~ 0 'F -i-R.~i~; ~ , ( 4. 5. Dated 1-/;).. ;}oo6 HCfNNvt)A..- ~~NJ.sGt:lfjNJ ::tiv to - Bidder CJ444-~ BY: GC-P-4 1681 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its- ability to conduct the work as completely and as rapidly as required .under the terms of the Agreement. Project and Location 1. Li\J~~W R.o,.j.~ Nd.'f~~ F\o~I'.l", 2, ~od.\-t*~/P.~ R~~ Ror.t.~: I\)Wf\.a--~ I . r/lY< " J"" 3. 'D^,,;~ e.o",lt:\)A.~ rv""f~ A~;d. 4. \ o~ s.~ I\J~\...~ pt~;~", 5. ?,'l\}'t. R~ ~ 'Ro~~ 1\)Q.\~lt.-~ fIWl"~ 6. A\'Rf\J~-\; -Ro~l tvlNV~ F!!)a-,'J" Dated \ - \d.-- aDo ~ BY: GC-P-5 Reference ',_CoJ/J"ellt. .COI'oNty ~3q- '"77'1- "S'1Ql.f Mt't 0.06 r~~eAJ C~ J/,'m., C"'\A~ ~3'1~ 7711. 'Xtt'1r MQ., '~bb fe ~s61lJ CoJIr~ row,.;~ ~'3'i.nlf.grtj'f /'1s p", m L", /1'(/1, C \t'1 of lJa.p l..-!J. (23'- .;213- 500< Ml4.. Te-~f?Y ~Jel6M r~J1 ,'tlttt l\)1ANtj .l3l1. 77Lf. 8'fCJ'I fII\ tl... 130 ~ Pe .fe;t.S.~N eoJ/.'t-rt D()~ ~3'. JIlt- Srljtl /YJ J<.. B u 6 Pe teJ?s 4f\) J-j fJ,/V/IIV1;/ A. L "IIIJ.r (~p/IV~ 1111 c. Bidder Q~1f ~~ ,!Qi : nMI , JOB NAME. W1P It , DUE .QMg Mldflald Tarmlnal ~ IN PROGRESS Complex 3.11&6 20 Midfield Hurrican Clean 1326 TBD UO " 25 09101/05 Naolaa Promanada &.1308 , 04101106 Navona attha Colony &-1322 . Shopa @ Santa 20 01102106 Barbal'1l Ph..a IV &-1303 15 01/25103 SI. Aan.. . Campua 4-1220 15 1 0120104 SI. John Tha Evanoallst 4.1211 Tha Shopa CiI Val'1lndah &.1213 " 20 TBD 20. TBD Taraat Ramodal &.1212 TBD Taraet #T899 1325 Tuscany Isla 20 Water Feature &.1311 UC TBD Thompson Rasldanea &-1301 20 co 1/1 &/0& Town & River Salata. L204 &.1286 UC TBD US41 N Gulfoort to VBR 1331 20 01/2710& VlntaDa Bay &.1311 20 12101/0& Woodlaka Modal Homa &.1318 GRAND TOTALS NEW PROJECTS nABI ,!Qi ~ JOB NAME. W1P It DUE TBD Ft. Mvers Relocate 1328 Confidential lbtil nMI .!Q.!l DUE Mr& JOB NAME. W1P ! 20 TBD ADostlnos 6-1307 20 09101/05 Mamar 6-1309 20 03107105 Azul'1lllll Bonita Bav 6.1288 20 TBD Audubon Lot #1 Unit #2 6-1294 20 05101105 Back Say Marlna 4.1257 20 10118104 Bay Buch Parcal #10 4.1273 Classic Plantation TBD Hurricane 1327 Colllar county #06.3812 25 07101105 Goodlatta Frank Road 5-1301 Colllar County #04.3716R 25 04/16105 North Watar.Sawar Dlst 6.1296 20 09/16105 Countryslda Commona 6.1317 20 09/16105 CVS Pharmacy 4-1214 23 TBD Dr. Walky OffIca 6.1302 20 TBD E. Napl.. Mlddla School 6-1315 UC 03107/05 Estaro Varda 6-1291 FGCU Student Activitv 20th TBD Center 1329 20th 11/5/2005 Gat.. Roaldanea 6-1282 20 TBD Hollywood Vldao 6-1320 20 08119105 Imparlal ShopplS 6-1305 20 TSD L.murla Coach Homas 4-1278 25 TBD Martin Luthar KinD Blvd. 6-1310 UC 07/27/0& Maxwoll Rosld.neo 4-1266 Confidential ......._~.,..--,-_.._,.... 16 B 1 ~& TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF.SY) Unit (Quantity) Unit Cost Extended Cost 1. b ~c)-r- Lf .;\S ~Soo .00 \0,000. 2. 3. 4. 5. TOTAL $ :;1S00. oD Failure to complete the above may result in the Bid being declared non-responsive. Dated d~~","~ 1:>.~ :;lOOt -.HC\NtJwlD'. L~l.s.c..~'~a :1:('l/C" Bi::A o ~ BY: GC-P-6 1681 HANNULA LANDSCPING INC. HANNULA IRRIGATION INe. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 239-992-2210 239-498-6818 BID NUMBER 06-3934 PINE RIDGE ROAD 1-75 INTERCHANGE STREETS CAPE BEAUTIFICATION PROJECT ATTACHMENT ROCK EXCAVATION ROCK EXCAVATION FOR THE IRRIGATION SYSTEM, LANDSCAPE PLANTINGS, AND OTHER RELATED WORK SHALL BE AT AN ADDITIONAL RATE OF $35.00 PER LINER FOOT FOR EXCA V A TION AND $145.00 PER TON FOR LOADING AND HAULING FROM THE SITE. (J~~ DALE F. HANNULA PRESIDENT 1-12-06 1 , _ 1681 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement fonn attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible. to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasorrable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing. subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of FloR~ d Q, County of L~-(.; D ",,\~"F \-\o.t\.1 ~'^'\~ , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized 'to make them. D~\,,- t==. \-\qI\JN,^,l~ ,also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-7 1681 (a) Corporation The Bidder is a corporation organized and existing F\ O~; ~ 0... ,which operates under }\"I\.H.Jw\D\.. \....-.NJ~C.'\f.tJd I -:rNc... officers are as follows: President '\)c,..t~ r~et't\"k t+4NN&.filA. Secretary Dotle ~~iCtk. H~tJ#vfJ "'"- Treasurer DoVlst ~t~tvk lr\-c ",,^^,d ~ under the laws of the State of the legal name of , and the full names of its Manager l)Mr\CN HI m 1\1 e-l The t>~~~;~.e.,,*. t) ....\c. ~.d.(. ~J\I/W,o[.a is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken C1ec.~~ ~-t\... \ '\ '\ ~ , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: ~/rt I The co-partnership does business under the legal name of: N/f+ I (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is NIP. . DATED -;;r....N\A,~d \^T?\ ~DOb \-\-~N NI.N\ 0.... l..Q.N~~C.""fI~uJ 7N\:. legal entity GC-P-8 1681 \. BY: l)"'k F:: ~DlfVN""l" NaU~~ Signature ?~~~j~ Title STA T-E-OF COUNTY OF FL LEIC The foregoing instrument was acknowledged before me this lL day of 'JAl.J.VA.A.-Y , 2006 by lS",,\e:- F: ~.,,,uLulA. ,as "PU\.IOE;r-.&.-T of j4.6.NNoU lA. L,4.NPSC.AfJl NC- , a F L... corporation, on behalf of the corporation. He/she is personally known to me or has produced 1>1:(1..$0'''-'-1..'-'1 K,..U.""'M ' as identification and did (did not) take an oath. NAME: (Si9~---- AI.JIoJ.t!:lt.:. !0. C~/La.^lLf (Legibly Printed) My Commission Expires: fl. 0 c...-r 0 (.. (AFFIX OFFICIAL SEAL) Notary Public, State of F L Commission No.: Do t 2.. t. '" f .,\.II!~I!IIIIIiI'" :'- ..'\'" .,' C "f,/ ,;\....~,'\\;..t 4,t;> Jf/~.,. .:~~. -\.\:..-' ~*'l(l.."'~II'~]'6;~ "'~" S'.. ..:;:,$ 1t~~~.\;\\S,SfO:Vr~ ~..J~~ ~"" ".z-o' .. .r'\,~' -,..... ....J;o \,} ~ 3: '11., (;;n : It';>' '~_. ',. ~ "- . .:~ tb \-(\. '-;.a.i* .::: ~ ..."~ ,l) '<P .. ~ ~ ~k : ~~.~ ~ ~~~ ~ * ~ - ~ - ". -. ~5 ~a .':1;~DD_!26g68 .: iJ?J ........ ,..\ 0 /,~ _ '_ ~. ~. 0-;.;:::- '~-')?9 ~1J'~;;1//,H}d.-yjl't\<; ,..A~~.. ~..~ ~~.. )",(;w..~}ut,';C,Ci/j~~'c,tJ",~<<....~ . ;/, ,(;1' .'0"..- -C), ~-.... ;IllfllrOZ!C, Sf ;\,S\\\\"v:. 11'IIIHI\\\\\ GC-P-9 ~~ro~i!~~~f~~c~ii~~~~o~i~~rm!~!o"mation :Oltr;~ County Board of County Commissioners Printed on =D-Plus for Windows CERT NBR: 12870 QUALIFIER NBR: 12870 DALE F. HANNULA CLASS CODE: 4235 LANDSCAPING RESTRICTED CONTR. STATE NBR: COUNTY COMP CARD: 3432SC STATE EXP LIAB EXP 1/13/2006 WC EXP 1/1/2006 ORIG ISSD 1/20/1993 RENEWAL DBA: HANNULA LANDSCAPING, INC. WC EXEMPT: N ADDRESS: 28131 QUAILS NEST LANE EXEMPT EXP DATE: CITY: BONITA SPRINGS PHONE:: FAX: FL (23~) 498-6818 34135-6932 (239) 992-2210 J.OtJI 10/4/200 8:41:23AM EXPIRES 9130/2006 OL EXEMPT: Y II ,. ..--..1f6ff1. A I I Dee 14 05 09:44a HANNULA LANDSCAPING 23949868181 0 B 1 p.2 Bond Number: 06-0101 BID BOND KNOW All MEN BY THESE PRESENTS, that we Hannula landscaping, Inc. (herein after called the Principal) and The First Sealord,Suretv, Inc. . (herein called the Surety), a corporation chartered and existing under the laws of the State of PennsYlvania with its principal offices in the city of Rala Cvnwvd and authorized to do business in the State of Permsylvania are held and firmly bound unto the Collier County Board of County <k.mnissioners (hereinafter called the Owner), in the full and just sum of Five Percent Of Thf! An1n1mt Rili Tn Thll;:l'l:''' dollars ($ 5% of Bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all fabor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Pine Ridge Road '-75 Interchange Streetscape Beautification Project Bid No. 06-3934 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful perfonnance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL Shall pay to the OBLIGEE the fixed sum of $ 544.00 a day /'5% noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-10 Dee ,14 05 09: 4Sa HANNULA LANDSCAPING 239498681 i 6 B 1 p.3 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and seared this 12th day of lJanaabyL , 2006. BY Hannula UmdscapinR. Inc. O~iJ~A--- Principal (Seal) The First Sealord Surety, Countersigned Surety (Seal) esident Agent The First Sealord. Surety, me. GC-P-11 - ... _ rd Surety,lnc., a corporation of the Commonwealth of Penn$YJvania,.L )tthese pr~~ents does make, constitute and appoint Dav IC, avi R. Turcios and/or Steven Schumacher all of Tampa, Florida its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a First Sealord Surety, Inc. Power of Attorney powerN~ KNOW ALL MEN BY THESE P "Company") has made, constitut =-__., ~ 0_ _ _ _ _ _ _ _ _ _--_ - _ __ _ _ __._ _ _'-c:i_;Millt~nFPU~Hundred Thousand Donars._......;..-~--_..---------.-($2i~gg,_-:**~*~ .- .....-__. ___ _~ffiiRin9s. ariQ-instrurnents for said purposes, whenBulY eX~91J1edbY tIl~af-<rr ttqmey-ip+F~qf:sh~if-~~ Corporalion a and hthe same extent as if signed by the duly authorized officers of the corp and sealed with its -- corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. ThiSi~pp()intM,~nt .is. mad~ PlJrsuan!@-tneJoILoWing-~y-LaWSWhiCh were duly adopted by the Board of Directors of the saidCorgoratiJ5h all;A:rnendments thereto. andJm~stillin fullJorce and effe<:;t: - - \., _:",:,'!:','ii.,'i,,',i',;,....,,': I "':::. :':"',',!".'" ,:'," -"", -, ':',,,:!,:' ":,,,': i"r': f~~;o _ <~_-:_~-_~ _ ~- :~~:-= __-_":-0> _-_ - _ -_'::_, >_'0- 0 -' _ , ' .'" ___,_ > __ ~ ~~~e:~~:-_-~-:-~__- ~ icIEl"'XII: '. Policies, BOnds, Reoognltfons, Stipulatfons, Consents ofSurety, Underwriting Undertakings, and Instruments Relating The!' n 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, nt~:I~n95)tl:!':'l~ \V~i~!nQ~ r~lati,r:)!jjiD apyw,aytheretp or to any claim or loss thereunder, sh.R-" b~si€l9,~d,in, th~o~me Clng .<;>npel1alf,9f t~Ei!. "'i' 1.1,;.', \ i\ i..... ~ii~n;!:;;,a)~Y'IS~:e Cj~aii;~??<?f.;JfTe~?~~d,.~~~,fre~'9Emfor .~. Vic~Presid~pt, aq,d by the .Se~r~t~ry 9~,<3n A~si,~t~~~,,~~~re~~ry.i,8~,,~);.:9y ~~Attor~~y-'il" ii ,qtt~,!36'2r~dratiop agpolpte'q'Cl(ld al1thonz~d by~he Ch<;llrm<!p of the BOClr~. tM Presldent,or a}(lce F'r~sld!iln~to rp<;1ke ~ych~lgl]~t\!.t$; Qr,p),b,Yi,,;;;/." er officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by h officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument . . poi t ny such appointment and all authority granted thereby may b~ revok\'ld atan:i timeli:>y the Board of Directors or . Ch~IJPOintment ~ .' ..1 '. ....'........., ':1\,:,".;';:,:';: '.'I:!!!!' filii/Iii ..... . . .' irst SeaIQr~l)urety.lnc. has caused these presen~t()?e.du.IYsi~h~a' ~~~it;; ~orp nuary, 2004. '. ". ...... . .'. ". . First Sealord Surety, Inc. A.~t /~g~~ BY-JOO' tt: P~,deot peQ\lsyh/;;l"oia , .'. '~rY:,i!":"li';;I;';";", '. .)'.' '.... '\.'.' ay of JanJ~iY, 2004, before me personally appeared Joel D. C6op~rm~n, Vicef;1reside~t of First'Sealord Surety, Inc., with whom I am ersonally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First ealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said ~ ati wth t~.~,s~.~,!:af1ii~~~:,:~() ,~Cl,id.!,ns~fUrp",'l.t is sucl")"corporat~s~al; thati~ v.(fs~o affix~d by 9rderpfthe B9~r~i9fDir~,8.tc)~~ ofs<\lq. CQf8,?fCl.ti90:' <It.h.ls n~mel,th~retdaslJic~l?resigentof saidCorpQration by I}ke "1uthority." ., ....... . "'. ............. ,!..,II',"!".'I" ..>.1. ...... ::.ea.ll~.yr,:.~~"i "!\'2t.4-7S:~/ '. -No'"'YPobU, _~..:.;~~ ........... ,;.rlt \~t.! ."".' ! . . M~~lOnExpiresAugust5,2006 '.I, ':'i~~!?' ....... . . CERTIFICATE..... . ..... '.' ,. . .'. i~~rribfir,pe~SylvaniaAssociation OfNolaries ~~~'.wr#l.~!", ec~~'t~(YOf First Sealord Surety, In.c. do ~~reby certify thq(the origi?al Pow~r of Att~;'ney of~hich the fore~oing is a full, true and . (,Igopy',IS In full forG~': and effect on the date of thiS Certificate and I do furtQer certify that.the Officer who executed the said Power of Attorney was f the officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord ,Surety, Inc.: ;cc~"Section12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on ... any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." "::"1,"',,0,',1,,,, , , In Witne;,s Whereof. I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents ','," ",,; , t~is 12thdayof January ,20---.?6 This power of attorney is void unless the Bond number it. inserted in this paragraph (insert Bond # here 06-0101 ), the bond number is the same number as on the original bond.; 'J-" - d the bord nur.-nber has been inserted by an officer or employee of the Company or by the agent. . ~ /4 ..- (seal) ~ ,--_L~~ /' Ga~ l.. E;;-agg!"':(ecre!3ry First_Sealord_Surety_POAdoc (Ed. 01120/2004) 16B1 BUSINESS CONTACT INFORMATION \-\ ~ N f\.J\.....A "" L CM'J J ..s" ~ i ~ :J:I\J c... (Firm's Complete legal Name) Main Business Contact Name D", k li Q N Nv4J^- Title ?1tt!.;~e~ ~<:g \ 'S I CXV\c>.\\~ ,\]~~t LG\l\J1{.. (Address) gON~~ <;'f~~~ S F/~ft,'J4 3l1/35 (City, State, ZIP) I Phone No. ;13.'1. "'1.;)' :;l.::U 0 FAX No. .9.3~. L.JctR- &81 ~ Email address: <ih..",w",,/... eo h"NPW/'" ,,,,^,Jsc.,p,.~. c..,." **************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) Contact Name Title Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) Contact Name Title GC-P-12 ~AMe J\-~ I\bo\J-~ (Company Name used as Payee) (Address) (City, State, ZIP) Phone No. FAX No. Email address: S,\!vY\ <.. ~ A b ~ (Address) (City, State, ZIP) Phone No. FAX No. Email Address: 1681 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. .~ Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <:>Bid Number; <:>Project Name; <:>Openrng Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinq date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET. -8 '\ tV "-J "" \ " \... O>.N ~ S Co ~ 'v~ :I;v t Bidder Name n .JJi~..,. Let><->; LIl Signature & Title v DATE: :;;r"'N\A~~ \:;>.~ ~ODh GC-P-13 1681 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Hannual Landscaping, Inc. ("Contractor") of28131 Quails Nest Lane, Bonita Springs, FL 34135, a Pennsylvania incorporated company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Pine Ridge Road 1-75 Interchange Streetscape Beautification Project, Bid No. 06-3934 ("Project"), as said Work is set forth in the Plans and Specifications prepared by McGee & Associates, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: one hundred eighty five thousand four hundred sixteen dollars and eighty three cents ($185,416.83). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise GC-CA-1 1681 acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and twenty (120) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, five hundred and forty four dollars ($544.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor GC-CA-2 1681 fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. GC-CA-3 1681 H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. -- Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by McGee & Associates, Inc. and identified as follows: Pine Ridge Road 1-75 Interchange Streetscape Beautification Project as shown on Plan Sheets 1 through 25. Contractor's List of Key Personnel Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Pamela Lulich/Bob Petersen Project Managers Alternative Transporation Modes 2885 Horseshoe Drive South Naples, Florida 34104 (239) 774-8192 (239) 213-5899 Fax GC-CA-4 1681 " B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Dale Hannula, President Hannula Landscaping, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135 (239)992-2210 (239)498-6818 FAX C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of 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 on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. GC-CA-5 1681 Section 11. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the GC-CA-6 1681 Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **- GC-CA-7 1681 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: By: Hannula Landscaping, Inc. Q~)~~ ~la... f: }-\CIINAJ""'/" PJZ1:\,oJ,nfT Type/Print Name and Title Date: -3-/(o-O~ OWN ER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA ~<-~./ - Frank Halas, Chairman BY: Dwight E. Brock, Clerk BY: ~'~~~~l (}C ' s1anat.... -.Oft1"f..' Approved' As To, Form. and legal Suffici~ncy: ..... ~ prinlNam~ Assistant C unty t ney Item # \LdE2l AgendB ~ Ll.....O I A Date ~'f' ~~d3 -\ to 1)10 o..~~ ~ GC-CA-8 1681 EXHIBIT A PUBLIC PAYMENT BOND Pine Ridge Road 1-75 Interchange Streetscape Beautification Project Bond No. 06-1081 Contract No. 06-3934 KNOW ALL MEN BY THESE PRESENTS: That Harmula Landscaping, Inc. , as Principal, and First Sealord Surety, Inc. , as Surety, located at 33 Rock Hill Road, Bala Cynwyd, PA 19004 (Business Address) are held and firmly bound to Collier Cotmty Board of Cotmty Coomissioners as Obligee in the sum of One Htmdred Eighty Five Thousand Four Hundred Sixteen and 83/100 ($185,416.83 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2006, with Obligee for Pine Ridge Road I-75 Interchange Streetscape Beautification in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2006, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 1681 Signed, sealed and delivered in the presen e of: PRINCIPAL Hatmula Landscaping, Inco BY: O~44-~ NAME: D~l~ r: 1-\t4I1olN",I4. ITS: r~e'i:iJ.e.vt STATE OF r= l O(LI U /lr COUNTY OF L ~(. The foregoing instrument was acknowledged before me this l day of ~AA..(. H 20 of.", by bAlE: F I-IA"-INvIA ,as P(Lcsrt>EI"-r' of --f-t-ANNl) ( A lAN j) SLAP' N Go.. (N C. . , a r:: L corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission EXPire~\~\,"\IItIii1"J,P ;.... ~~ :'\,\t. M. C4I1l'l~ .~ $~~~~~ii,SION;:o.r.;1'~ {----' (;:: '" o' G"" 117 -r,o 0 ~ EfLSONAL.\..'- !is ..",,(J~~<; '.?Cb.~oo ~ :: o~& ",,,,0.::: NAME: t/ =*= ..... :*E f--~OWI" %~~ #00126868 l~i ~0o. -1:. #. o~:::: ~ ~.."~,,, 8Dnded\'<!.~tf.~000.)55~ ~ rA.o.Publicljn~:ooof<.<<'~ (AFFIX OFFICIAL SE~t!~1H,9i:~~h1~~'\~ (Signat re of Notary) A t-lN~ M. ~ IL f1::>p. (L '-/ (Legibly Printed) I Notary Public, State of F L Commission No.: b D 12- ~ bt.. 5 ATTEST: SURETY: First Sealord Surety, Inc 0 (Printed Name) 33 Rock Hi 11 ~ci Bala Cvnwvd. FA 19004 (Business Address (Authorized Signature) - ..-..... -IJc..~--:---- Witnesses to Surety (Printed Name) GC-CA-A-2 16B1 ~~W4 OR ~ ~. ~ . As Attorney in Fact F1.oriOa-ReSident Agent (Attach Power of Attorney) David B. Shick (Printed Name) 7217 Benj amin Rood Tampa. FL 33634 (Business Address) (813) 243-1110 (Telephone Number) STATE OF Florida COUNTY OF Hi11sborough The foregoing instrument was March , 2006, by Attorney-In-Fact Surety, on behalf of Surety. N/A take an oath. acknowledged before me this 1st David B. Shick of First Sealord Surety, mc. He/She is personally known to me OR has produced as identification and who did (did not) day of , as ~ ~ Notary Public State of Florida ~~~ David R Turcios , .: My Com~\ission 00496777 "'OF f\.O~ Expires 02/0912010 ~~ ~ - ~ S' l:J-fe-)------ ~ Name: David R. Turcios (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GC-CA-A-3 1.681 EXHIBIT A PUBUCPERFORMANCEBOND Pine Ridge Road 1-75 Interchange Streetscape Beautification Project 33 Rock Hill Road, Ba1a Cynwyd, PA 19004 (Business Address) are held and firmly bound to Collier r.cnmqr lWlrrl nf rnmry ('rmn;~~;nnpr~ , as Obligee in the sum of One Hundred Eighty Five Thousand Four Hundred Sixteen and 83/100 ($ 185,416.83 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , 2006, with Obligee Pine Ridge Road 1-75 Interchange Streetscape Beautification Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC-CA-A-4 1681 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2006, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL Hannula landscaping, Inc. BY: OM~ NAME: ITS: "Dtl\t~ ~ l1&iNN\4t I" PIta'- ;J-c,..ir STATE OF COUNTY OF rLOIL\i);'\ LEb" The foregoing NIp. ILl:- H CP'-.eSIDENf FL- personally known instrument was acknowledged before me this ~ day of , 2006, by Dp. It F, /-lANNu Lff , as of /-tI-'NNU/.-6r LAI'-/DSCAPlrJ( , a corporation, on behalf of the corporation. He/she is to me OR has produced Pe-LSOr-JACCY I<!Mr:r-W IV as identification and did (di~ not) take an oath. My Commission Expires: ID/,--, I.L ~ =- (Signatu e) r C AP-&4fL j Name: A ~NE--riC 1'1. (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: F L Commission No.: b f::, I L <.. ~ l, Y ,\\\"" III1I/IIII/. ~\\,~\~.~..q~11!,~ i::f- -~., ,"SION1-'. ~J. ~ ;:f ~.' ~"~\,, <:,-1:;''''- "" ~ '<1; .. cS)v, ;s/o\ 17, <'0 ~;" ~ ::: .. ~ &'>.; 'b '<.p e. -::::. ~ :::ea :*: =*: e-". : = ~. 68~8' "'C.::: ~ -;t, '.#DD 12 0 .. ~.::: ~ (? . #- g:~ ~".~ '. %/. 8cndad w:>' "",~.' -$5;:f "',. ':)j... .D~~' PUbHc U\l6:... ~ <<.. ~ '. i~' ....... (..C) ~ 'j I (/81 'C ".,. ':\ '" ...,\"" . II -. ~ It' ",,, '11f 111/ '"1"'\ GC-CA-A-5 1681 ATTEST: SURETY: First Sea10rd Surety, Inc. (Printed Name) 33 Rock Hill Road Ba1a Cynwyd, PA 19004 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) ~~.~ OR " ~ ~. fJ . As Attor ey in Fact and Florida Resident Agent (Attach Power of Attorney) David B. Shick (Printed Name) 7217 Benjamin Road Tampa, FL 33634 (Business Address) (813) 243-1110 (Telephone Number) STATE OF COUNTY OF Hillsborough Florida The foregoing instrument was acknowledged before me this ~ day of March , 2006, by David B. Shick , as Attorney-In-Fact of First Sealord Surety. Inc. , a Surety, on behalf of Surety. He/She is personally known to me OR has produced N/A as identification and who did (did not) take an oath. ---2 r- /-// ~ ~~~~~ ~- ~ Name: David R. Turcios (Legibly Printed) My Commission Expires: ~ ~II~ Notary P'Iblir. Stale of Florida !'~ ': David R furcios '" ~ Z My l;opvniSSlon D04<16777 ~Off"~ Explres02/09/2wn, (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: GC-CA-A-6 C<CT;~fnc.. a corporation of the Commonwealth of Pen these ts does make, constitute and appoint Davl IC, avi . Turcios and/or Steven Schumacher all of Tampa, Florida its true and lawful Attomey-in-Fact, to make, execute arid deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a First Sealord Surety, Inc. Powel'9f Attorney powerNO~ KNOW ALL MEN BY THESE P .Company") has made, .constitut ..... . -. .," -- "'--, - -, -. '-. ,- -. .. - ,- -.- ," -' - - ..-' .. .. - -. .." - -.' --.... -. -.. .'- .. 'I~pn .=-~i J!t.lr!~r~(fthousaQi. D$J~o::";}":i' -t-r.....~.~~ ~ ~]Dstrtiri1erttS;fOr said PUfIJOS6$.~~"dtI1~~~tlted o me same exfent as if signed by the duly authorized 6fffcers corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. ThisappOiritrrent. is .mape. pUr8ua With al! Amenqmen.ts tl'1eret() and . ttie, fo nUln -.--... ........... ...............-...... -- -- '. -.... " ......,' .. .... ~>: .." '..--.' " g;@y-l.l~W$WtliGftwefe<luly adopted by the Eloard of girectol<i of the saidO'Qrpor{l~n orC& and effect ." '. . .... '. . .' ....... .. '..""', ':...:,-::."',',:,:':"",' ""', -,:",' "::-.'--.,",' "A~ide3(J1::I::::'Plicies, Bonds, Recognitions, Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, eeme ''lffi~i~~~ r~''i'tin!;Jipa~YVf~ytl)er~t09r i~oanYBIGlim or.lo~~ ,ther;eunder;, s~,~I.1 b~. :;;i~~ed,.in"t "fflM~ tq!;l;li', , q~al~~,?~!.9f~he!~p~rq!,p1~,~re~lqenf o~ ~,.~.I9E:PresldelJt, G1Qd; b~,the~egr~t~~ ,?rani'~~9re~tt ,1',i"II,' tlCll;l a~~O!D!ea'E!~,~ ay!h<;l.Fi2;~9 bYthlil c;hallTl'1l'lnof the Boar~,thei Pr~sldent,9ra~/ce e~~ro,~~e' ()r such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument e~,i'~~1 9 . oi tmen;",iAnysUC? apPoiq~ment and all authority granted,~h~,r~bY ~~Y9E;l'I~~\(P,,~,~' tim~~r the Bo.Wd ofDina(;tors or~K~.nY ch appOIntment.. "i.'.' .i"l'., A,""i" I,I'!I:'. ,,:,:::.11 ,'...,.:.1;'" '" ")',1:1:.,',.,'," "{,Ii.".: I,',','" 'L .. - ... .. - irst Sea.lordSurety, Inc. ha:;; qaused these prese~.~J9 ~~dJi~~J . seal tOb~he.re~ntQ affi~~dfal1c!'(juIY nuary, 2004. .i. ".i.,',.,.'I'h". ........: First Sealord Surety, Inc, _t /~:~ By J~IEp~';d:", a ,;::,;:\\i::;:;1\{~;'::1 ';~!!,;!,:i:; ';i:"I;I" 'j . .... y of Ja , 2004, before me personally appeared Joel D. Cddpe;;'~'~, vice.~resiCf~ht of First:l~r~lord Surety, Inc., withwhoml.am personally acquainted, who, being by me duly swom, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said , " C;:orpqration; thli]!t th~ se'il:l affi~d ~ l?aid ,in~trUl1i)efJt is ,such cQrporate sjilal; that' it \!fas, S9 affixed by Qrpe~ of t~~ BCl~rq'"Of !:;lirectqr~1 ~f,lli1clJQ,O(lrtlli:'r III,: I "I' apd IHat lI'e's 'cfijls nMn6 l~hefliltcl'$lS ~ld1!l PrFl~iCli!mt Qf sai~ GQrppratlQn by liI~e l;Il,Jt~o~i!Y.' I 'I 'I , 1', 'II, ',Ii" 'II : I """"' I, I " 11II1 I[ 111111 I I ~~I ~Irll III 11\',.111111/1" II I 0]'11 ~Ir II I I III Ifji,'~1Iii. ",I IIIII I I) rill I II ~.i:r~,. I I l'i;"N~ I II............ ~ I II Iii! ~'l!!vta~ 1111 (~~:~l~~l\" u..~ -/ -~~ ....:.Nota'Y~b:;'" \Z"=r~~ ........,. ""'~'" '" ; CERTIFICATE )1,':/ '.' ..'.\, ':'1' I', I' vtvanlaAsSO<:l<ltiQn OfNotanes 'liil.'..':.1 '\::,' - " :-.-. ";".,JI;,,:"', ":,''1':',':'' !,,',,':.II,') .,",1""",..'" "',,','-'," ,II,.'j. cr of First Sealord Surety, Inc. do hereby certify th~I~ fle 9rigit!~1 Pq~r ~.f~fto~ney . .ich the foregoing is a full, true and in full f"". nd effect on the date of this Certificate and I do ftJit!1E;1( ce'rtifyth~tthe~mcer who !e~lfcuted the saId Power of Attorney was one 0 e 0 cers authOrized by the Board of Directors to appoint an Attorney-in-Fact as provided In Section 12-1 of the By-Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord Surety, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Witness YVhereof; I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this_day of ,20_. This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here ). the bond number is the same number as on the original bond, 1d the ~ond number has been inserted by an officer or employee of the. Company or by the agent. (seal) Ga L~~~~ry FirSI_Sealord_Surety_POA.doc (Ed. 01120/2004) From: FAXmaker To: Brenda Brilhart Client#: 33375 Page: 2/6 Date: 2/28/2006 11: 17: OB A HANlA1 ACORDw CERTIFICATE OF LIABILITY INSURANCE TE I\II\IIDDIYYYY) 011 06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUcER GUlfshore Insurance, Inc. .~fJO Goodlette Road N, #1 DO )Ies, FL 34103.3303 239 261-3646 Hannula Landscaping, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135 INSURERS AFFORDING COVERAGE INSURER A: Cincinnati Insurance Company INSURER B: FCCllnsurance Company INSURER c: INSURER D: INSURER E: NAIC# INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POUCY NUI\IBER 'D~TECY':~f.f8~ Pgt.'.pl,i.f~~~N LIMITS A ~NERAL LIABILITY CPP0911688 01/13/06 01/13/07 EACH OCCURRENCE $1.000000 X COMMERCIAL GENERAL UABILITY DAMAGE TO RENTED $100000 I CLAIMS MADE [i] OCCUR MED EXP (AllY Dne person) $5 000 PERSONAL & ADV INJURY $1.000000 t-- f-- GENERAL AGGREGATE $2 000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2.000,000 n POLICY n rrs: n LOC A ~TolICoBILE LIABILITY CPP0911688 01/13/06 01/13/07 COMBINED SINGLE L1Mrr ~ />NY AUTO (Ea acud",,') $500,000 All OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X. HIRED AUTOS BODILY INJURY $ .., X. NON-oWNED AUTOS (Per acadent) - PROPERTY DAMAGE $ (Per acad""t) ~GE L1ABIUTY AUTO ONLY" EA ACCIDENT $ />NY AUTO OTHER TH/>N EA ACC $ AUTO oNLY: AGG $ B EXCESSAlMBRELLA LIABILITY CPP09116B8 01113/06 01/13/07 EACH OCCURRENCE $3.000.000 t!J OCCUR D ClAIMS MADE AGGREGATE $3 000 000 $ 8 DEDUCTIBlE $ X RETENTION sO $ A WORKERS COMPENSATION AND 001WC05A40029 01/01/06 01/01/07 X I WCSTATU-:I IOJ1l" ENPI.OYERS' L1ABIUTY $500 000 />NY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT OFFICERIlIAEMBER EXCLUDED" E .L. DISEASE. EA EMPLOYEE $500,000 IlyllS, describe under E.L. DISEASE - POLICY L1NIT $500 ODD SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEI\IENT I SPECIAL PROVISIONS landscaping & Gardening Certificate Holder is Named as Additional Insured on a primary basis as respects to: General LIability Only as needed by contract, perfonn GA 472 1001.30 Day Cancellation Notice. Umbrella is in excess of all policies (See Attached Descriptions) Collier County Purchasing Department Attn: Brenda Brilhart 3301 East Tamlaml Trail Naples, FL 34112 CANCEL.LATION SHOULD ANY OF THE ABDVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO IIIAlI. -311- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT 0 0 REP SENTATlVE ~Y."'~r CERTIFICATE HOLDER ACORD 25 (2001/08) 1 of 3 #S281738/M278176 CAH El ACORD CORPORATION 1988 From: FAXmaker To: Brenda Brilhart Page: 3/6 Date: 2/28/2006 11: 17:08 AM B1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatIVely or negatively amend, extend or alter the coverage afforded by the poliCies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #S281738~278176 From: FAXmaker To: Brenda Brilhart Page: 4/6 Date: 2/28/2006 11: 1 t:U!:I AM :::~:::::;:~: ;:~: ::~:;:;:::~:;:~:;:~:;:5::~:;:;:;:~:;:~:;:;:::::::;:::~:::!:;:~:::::::~:;:;:::;:;:~:: ::: ::~::.,.::,.:.,.::,. :.::::,.:.,.:-:-::,.:.,.:.:. :.:. :-,. :::-:.:::.:: :-:::.:.: :~:;::-::,-:.,:;:;:::~:::~::-,~:~:::~: ::;:::!:::~:;:,.::~::.,.::~:::~:::;:: :~:;:;::+:-::::;: ::~:: :::;:::;:;: :.:.:.,:;:,:::::; :~:::~:::~:;:;:::;::: ;:;:;:;.' ,.::!:::;: ::. ::~::~:. ~:::~:;:::::~:;:;:; :~: ;:~:::~: ................... ...... ................................. ..................... '''D' E'SCR;" .IRT.IONS..(C.onf..n.u.e.d..ftom..Page..1)............ .......... ..... ............ ........... ............ ...................................................... . ...... . .... .. .. .. . ............... .... ... .... ............... ...................................,...,..................................................................... ," .,'. '...". ....,' ",'. '. .'.. "... ...... -' . ',' .. .', .," ..... ,'......."...................... ....... ..... ,', .. .....,.................................. ',';",':',':",';',':',':',';',':',':',':',';',":;',':',':',':",':',';',':",':",';",':',':',':',':',';',':",';': . ,": - ,';..... .... ;'.. .' '.' .... ':':. :'. '.': .':'. . .';'.':..';'.';...:'.':'.':'.' ':'.':'. .';'. .': :'. .';..': :'.':'.':'.':'.';'.';'.':'..:' .............................................................................................. ............................................ ....... .............. ... .. .................... ............................................................................................. ............................................. ........ .............. ... .. .. .... ............... ....-.......-....-...-....-.-....-...-..........-..-...-.............-.....-.........-....-..........-.......................................-..............-....-....-.............-.......-...-.....-.............--.. -... .... ....-.-....-......-..-... ............................................................................................................................................................................. .... ... ............... shown on this certificate. ,tract #06-3933 - "Golden Gate Boulevard (CR876) Phase II Landscape Install Project" AMS 25.3 (2001/08) 3 of3 #S281738~278176 From: FAXmaker To: Brenda Brilhart Page: 5/6 Date: 2/28/200611:17:09 AM 1681 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION II - WHO IS AN INSURED, 2. is amended to include: e. Any person or organization, hereinafter referred to as ADDITIONAL INSURED: {1} Who or which is not specifically named as an additional insured un- der any other provision of, or cn- dorsement added to, this Coverage Part; and (2) For whom you arc required to add 6:5 an additional insured on this Cover- age Part under: (1) A written contract or agreement; or (2) An oral agreement or contract where a certificate of insurance showing that person or organization as an additional insured has been issued; but only with respect to liability arising out of "your work" performed for that addi- tionallnsured by you or on your behalf. A person or organization's status as an in- sured under this endorsement continues for only the period of time required by -the written contract or agreement, but In no event beyond the expiration date of this Coverage Part. If there Is no written con- tract or agreement, or if no period of time is required by the written contract or agreement, a person or organization's status as an insured under this endorse- ment ends when your operations for that insured are completed. 2. SECTION IV - COMMERCIAL GENERAL ldABILITY CONDITIONS is amended to in- lude: 1. Automatic Additional Insured Provision The written or oral contract or agreement must be currently in effect or become ef. fective during the term of this Coverage Part. The contract or agreement also must be executed prior to the "bodily' in- jury", "property damage" or "personal and advertising injury" to which this endorse- ment pertains. 2. Conformance to Specific Written Con- tract or Agreement If a written contract or agreement be- tween you and the additional insured specifies that coverage for the additional Insured: Be provided by ttle Insurance Serv- ices Office additional insured form number CG 20 10 or CG 20 37 (where edition specified): or Include coverage for completed op- erations; or c. Include coverage for "your work"; and where the limits or coverage pro- vided to the additional insured is more re- strictive than was specifically required In that written contract or agreement, the terms of Paragraphs 3., 4.a.(2) and I or 4.b., or any combination thereof, of this endorsement shall be interpreted as pro- viding the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorsement is attached. If, how- ever, the written contract or agreement specifies the Insurance Services Office additional insured form number CG 20 10 but does not specffy which edition, or specifies an edition that does not exist, Paragraphs 3. and 4.a.(2) of this en- dorsement shall not apply and Paragraph 4.b. of this endorsement shall apply. 3. SECTION III . LIMITS OF INSURANCE is amended to include: a. b. The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of insurance shown in the Declarations. GA472 1001 Includes copyrighted materlal of Insurance Services Office, Inc., with its permission. Page 1 of2 I ~.t\- From: FAXmaker To: Brenda Brilhart 4. The following are added to SECTION I . COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I . COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. ExclusIons: The insurance provided to the additional In- sured does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the: (1) Rendering of, or failure to render, any professional architectural, engi- neering or surveyIng services, In- cluding: (<1) Tho proparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b) Supervisory, inspection, archi. tectural or engineering activities; (2) Sole negligence or willful misconduct of, or for defects in design furnished by, the additional Insured or its "em- ployees". b. "Bodily injury" or "property damage" aris- ing out of "your work" included in the "products-completed operations hazard". Page: 6/6 Date: 2/28/200611:17:09 AM 1681 c. "Bodily Injury" or "property damage" aris- ing out of "your work" for which a consoli- dated (wrap-up) insurance program has been provided by the prime contractor I project manager Dr owner of the con. struction project in which you are in- volved. 5. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance is amended to include: a. Where required by a written contract or agreement, this insurance Is primary and lor noncontributory as respects any other insurance policy issued to the additional insured, and such other imllJr;:mr.e policy shall be excess and I or noncontributing, whichever applies, with this insurance. b. Any insurance provided by this endorse- ment shall be primary to other insurance available to the additional insured except: (1) As otherwise provided in SECTION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance, b. Excess Insurance; or (2) For any other valid and collectible in- surance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is writ. ten on an excess basis. In such case, the coverage provided under this endorsement shall also be .ex- cess. GA4721001 Includes copyrighted material of Insurance Services Office, Inc., with its pennisslon. Page 2 of2 1681 EXHIBIT B INSURANCE REQUIREMENTS (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 Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor 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 Contractor'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) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, .on a timely basis, if requested by Owner. \6) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. 1.Q) Should at any time the Contractor not maintain the insurance coverage's required herein, the mer may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 1681 ~overage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse /liner for such costs within thirty (30) days after demand, Owner has the right to offset these costs .rom any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. 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 Contractor. 11.3. All insurance coverages of Contractor 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 Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. 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. 11.6. All insurance policies to be provided by Contractor 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. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY B.equired by this Agreement? ~ Yes _ No GC-CA-B-2 1681 U) Workers' Compensation and Employers' Liability Insurance shall be maintained by the ntractor during the term of this Agreement for all employees engaged in the work under this J-\greement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee 2L $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. D Applicable C8J Not Applicable {4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable C8J Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 _ General Aggregate $ 500,000 GC-CA-B-3 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage l General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 1681 $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." L1) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such lIerage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement.\ D Applicable !:8JNot Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. D Applicable !:8J Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no g"erson or entity other than the Owner has an insurable interest in the property required to be covered, GC-CA-B-4 16B1 --whichever is earlier. This insurance shall include interests of the Owner, the Contractor, ubcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the ...L)wner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors Id Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? lL Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 ~-x Bodily Injury & Property Damage - $1,000,000 GC-CA-B-5 1681 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 1681 EXHIBIT C RELEASE AND AFFIDAVIT FORM .....0UNTY OF COLLIER ) STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2006 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC-CA-C-1 16B1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ = Less Retainage $ Less previous payment (s) $ % AMOUNT DUE THIS % APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date} $ Retainage @ _% after [insert date} $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION ;NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 I/) w ::::) ...I c( > LL o W ...I ::::) C W :I: o I/) ~ .. .D e " z " 'D .!.~~ ~ II III "-0"- o I- z 2 I- "- - a: u m - W '0 0 .. :> c - c 0 0 -f---- .. 0 e a: !:: .. W z :Em !!! ;; ~:E X " ::l >< e z W "- I-W ZI- WW 0..J a:"- w:E "-0 o ~Qw ...II-wI- e(wo::< I-..JOo 0"-1- I-:ECI)O gill I- m Q..J We( a:~ Ow 1-1- me( :E o W I- W ..J a.. :!; o o ll:: It: o s: o ~~ x 0:: I-W a.. mW zl- 0< _c I-w <0 ~z ..J ILm 11. <w ml- ::l< oc >::> Wa: a::E: 11.1- c w ..Jill ::>::> c..J w< :c> o m 1681 .- :> ..~ <<;'" a~ E '" 0:5 o .~ ~ -;:; '" '" c ;:; 0 r::::;:::; o '" o E .. ~ .r;~ -c c " c c E 02- :;::;0 '" 0 E '" ~- o '" ';::0 - " m~ "'I- ~ .. 0:5 ::.: .~ ~,,- ::s ~ ~ '" ",10 ~ '" Q) .- .r; '" ~o '" '" .- .: .!~ '" '" o~ c " .- ~ ~ I- c Ol '" .r; .r; I- 0 N o 4: () U (9 I'll ..J < I- o I- ..~ "' c Ol :8~ ~o I~ 2 10 '" c(" "' Ol ~ ~'5tV .; ~.s ~ ! n. :J ~ ~ c c Q) 0 .- -O:;:;G) c "'10 " E c "' ~ lU C O.r; E ~ U :J= lU -- .r; OlU_ o Ol o "' 0 ~ ~ .~ - 0 "' Olo" -5 co lU .r; c 2~ ~ c:5c _o_en z-.c ~ :> ~ C"Q~..r:: 100_ " 0 .. w_.r; . c ~ 1681 EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount ..... .... .... .... ........ ............ ........... ........... $ Sum of previous Change Orders Amount....................................... $ This Change Order Amount ...........................................................$ Revised Agreement Amount. .......... ........ ........... ...... .............. ......... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, 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. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator (For use by Owner: Fund Numbe~ ) Cost Center: Object Code: Project GC-CA-E-1 1681 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shalL be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 1681 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2006 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2006 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2006 OWNER By: Type Name and Title GC-CA-F-2 1681 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2006 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this fonn). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) GC-CA-G-1 By Desig n Professional: By Owner: GC-CA-G-2 lool (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 1681 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 1681 those affecting transportation, access. disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 1681 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Sunday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. Lane closures are only permitted between the hours of 9:30 a.m. to 3:30 p.m. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 lOdl 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC-CA-H-4 1681 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC-CA-H-5 1681 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as 'shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC-CA-H-6 1681 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 1 C ..: ... -- ....... 8. CAlLY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC-CA-H-8 1681 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 16B1 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or GC-CA-H-10 1681 sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC-CA-H-11 1681 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC-CA-H-12 1681 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Ag reement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC-CA-H-13 16B1 bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC-CA-H-14 1681 of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC-CA-H-15 1681 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC-CA-H-16 1681 they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct GC-CA-H-17 1681 the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. GC-CA-H-18 16B1 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC-CA-H-19 1681 as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager GC-CA-H-20 1681 shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably GC-CA-H-21 1681 encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: GC-CA-H-22 1681 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such GC-CA-H-23 1681 meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for an contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments. Also is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by GC-CA-H-24 1681 appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. GC-CA-H-25 1681 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: GC-CA-H-26 16B1 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34. 1 . 14 34. 1 .15 34.1.16 34.1.17 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds GC-CA-H-27 .- 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements 16B1 The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC-CA-H-28 1681 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC-CA-I-1 1681 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 EXHIBIT K PERMITS 16B1 GC-CA-K-1 1681 EXHIBIT L STANDARD DETAILS GC-CA-L-1 1681 EXHIBIT M PLANS AND SPECIFICATIONS ,- GC-CA-M-1 1681 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 c c::: o o W c::: o~ 1-<( ffiii: -w J:I- x<( w:i c w c::: o I- UJ 'E o u & '" c; 'i: G) - "' ::E "0 l! o - en 0 1 , i3 I- G)- LU UJ! ~.[:J c '" "' c ii- m w "0 "0 0 II G) 'i: 0 0- G) I ~ D. C) '" .E :c I I- III + <( >- U; "0 OJ ::::J ..! ::l () 0 S E '> '" '- l! c 0 LL D. - -g'g G)'- III .~ ; G)D. u '" G) ._ o::.c I- ~"O '" G) ::::J > - <( 0'- ._ G) > u l! G) D.D:: l I I G) ... <( U G) () ._ .a I o E () > ::::J CD .Ez ... G) ! ::::J en c 0 ~ ... u '" G) 0 G) - "' 0 I I I I I I o 1 or- MEMORANDUM Date: February 15,2006 To: Margaret Ramos Adopt - A -Road Coordinator From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: (1) Adopt-A-Road Agreement: ASAP Signing Agency of Ana Patino Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16B2), as approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please call me at 774-8411 Thank you. Enclosure 1682 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve one (1) Adopt-a-Road Program Agreement at no cost to the County because of already existing signs. OBJECTIVE: To approve for execution by the Board of County Commissioners Agreement signed by the volunteer group of certain adopted roadway under the Collier County Adopt-a- Road Program. CONSIDERATIONS: That the volunteer group so named be recognized as the sponsor of the particular segment of roadway named in the Agreement, to perform litter removal in accordance with instructions contained in the Agreement. FISCAL IMPACT: There is no cost associated with this Agreement because these signs already exist. RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups: ASAP Signing Agency of Ana Patino, Inc. as the sponsor of the listed roadway and that the Board of County Commissioners authorize its Chairman to execute one (1) Agreement on behalf of Collier County. Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Oept. Attachment: Agreement (I) 1682 1682 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions ~ "THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this /</ day of ~ "''] , 200k; by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, ASAP Signing Agency of Ana Patino (hereinafter the "GROUP"), whose address is 261 Golden Gate Blvd, E" Naples Florida 34120 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter- free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as White Boulevard from Collier Blvd to 23rd St SW (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members, Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 1682. safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags oflitter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1682 B. THE COUNTY SHALL: I. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circwnstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold hannless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 1682 E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: . '. DWIGHTE.BROa::. (::lerk ~;"~?:;,':,', c.' ".,'. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: F~~S~/ By: GROUP: ASAP Signing Agency of Ana Patino By: ~k.~~~tfJ-~ ~ame(ptih:~{'\c, ~~',e\().~ck()", Title (print): '\:>'"""'~~'" "'\- Phone # (day): (;):~c\\ 3,,=>d.-- '-\G"'A Phone # (night): I,'d-$\\ 'ed.."'S-b:;'.\?-' Appr e s t form and legal sufficiency: ----- ._~.-- Jeffrey Assis Item# ~ Agenda ~ -I ~ -Db Date 4 MEMORANDUM Date: February 15, 2006 To: Kevin Hendricks Transportation From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Statutory Deed and Sale and Purchase Agreement Collier County and 2150 N. Goodlette Road, Inc. Enclosed please find one (1) original of both documents, as referenced above, (Agenda Item #16B4), approved by the Board of County Commissioners on Tuesday, February 14, 2006. A copy of each document has been retained in the Minutes and Records Department. Please return all oril!inals after cIosinl! for public record. If you should have any questions, please call me at 774-8411. Thank you, Enclosure 1684 -,11":; III.I-.r.., j16.:.;;'.'.'-=ii . .'.. .11I. .'..'.- ',".' .. 1111I--'. II" .. ....,1.. ......... . . I. --...... .--- .. II ...........:.-... . . 11.11I II .....-.. .. , ....... -. .... " ... . · ii. .. ...-.1111..,.,....,...,........ .'.'.' .-. ....:............." I' '.,-..' ..' .' III 'J . III.... 11I..,.'_...... .. . ' .., .' .'11IIII.,.'-1.' :.,.......'....11'I._'.,.....'...'.."..-,...'. . ."'''''.. . .11, . -..1111'11' _..' .'_'" . ~ .' ,': . .... .', .... ."..,-' ~.. III I' ...1......."...'.',............. .... ..,.11I,.. 11I11I ....,11II......' - .. 'III' .". "..' . ..' .' ., '.. .. --.'" .. .. ..... -... ..' '. III., ....- ..... . . .'.,11II 11II. .("_' . .11. ....' II':, . ... .. II' .. ._....... 11IIII III., ". . II' .'~'IIII'. .. _,' ..~ .. '. · .'. . ..... ,'. ' . .""'..' . 11IIII' _', ..."..- -... . --.-.- ' I. ;' '.:-.11... -'~.. .. '.' !!III . .. .-.. . - .. III . 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".'1."" .', , " .' ..... .- '..'11 ",11II, ''''..,' .. .," .', ' 1684 ared b1: ,ESqu\re Prep T Chadwe" ~ttorne1 Ellen' count1 Office of the I_I Trail 3~1 East T~da 34112 118l11.., ~'~ (941) 11 STATUTORY DEED THIS DEED, made this 1k~y of -F€"R.~~Y' ,20~, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantor"), to 2150 N. GOODLETTE ROAD, INC., a Florida corporation, whose mailing address is 2900 SW 28th Terrace, 5th Floor, Miami, Florida 33133 (hereinafter referred to as "Grantee"). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective 'heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: See Exhibit "A" (attached hereto and made a part hereof.) Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: .... DWIGHT E. BRGlG'l<;JClerk ;,:.:' >~ :... ..:...." .:.~;':\ - '" "', BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~>~~-' Frank Halas, Chairman fYD. C Atte~f:i.;.to. .CHlq~riY ,Clerk liilAlture '001:y:" . (OFFICIAL SEAL) Iltltlnt County Attorney Elllft T; thldwlll Ilem# - Agenda :J.. - [ ~ f'/^ Dale -14J I I \\ 1 '\, I , I '\ 24.00' ADDITIONAL RIGHT -OF-WAY PER O.R. BOOK 2053 PAGE 1671 AND OR. BOOK 2053 PAGE 1687 DO (<? ,~ , D J'SO~ , 'j1 ~ l7..:>, ~ ~, --<) 0-., )i'~ ~, '1/_ Jo' ~y ~6' ' )i' }- 'J';' <9., 0 i\ ' ......---c , ~ , 1- I 204.83' 'x... '\ )i'''B-~~ , ~ \\ I \/ \t .. \ \1 \ 1\ \ I \ I i I I : I : I \ I : I : I : I / '\ , , , I") CJl I") L.() N W oCJl L.() CJl I") en o::J Z PART OF LOT 8 NOO'16'50"W pos CJl f- a --! LOT 8 01 o g/ to owl ~I CJl b;1 o::J zl I I I I POC T GOODLETTE-FRANK '\ '\ --------- ROAD (R/W VARIES) REV. 1) REVISED PER COUNTY COMMENTS 1/13/06 FOR: COLlJER COUNTY TRANSPORTATION SERVICES DIVISION SKETCH & DESCRIPTION OF A PORTION OF LOT 8 OF N.I.C.L.F. SECTION 27, TOWNSHIP 49 S., RANGE 25 E., COLLIER COUNTY FLORIDA -- -_ ___PIll GCSOO TIIO DJH IG-181 NOTES 1. BEARINGS ARE BASED ON THE NORTH BOUNDARY LINE OF LOT 8, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, AS BEING N89' 39'59" E 2. THIS PROPERTY IS SUBJECT TO ANY FACTS THAT MAY BE REVEALED WITH A FULL AND ACCURATE TITLE SEARCH. 3. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 4. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. LEGAL DESCRIPTION A PORTION OF LOT 8, NAPLES IMROVEMENT COMPANY'S LITTLE FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF GOODLETTE-FRANK ROAD AND THE NORTH LINE OF LOT 8, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 2, SAID POINT LYING 20 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE N.89' 39'59" E. ALONG SAID NORTH LINE OF LOT 8, A DISTANCE OF 600.00' TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE OF LOT 8 N.89'39'59"E., A DISTANCE OF 253.93 FEET TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF GOLDEN GATE PARKWAY; THENCE S.50' 47'50"W. ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 326.39 FEET; THENCE N.00'16'50"W., A DISTANCE OF 204.83 FEET TO THE POINT OF BEGINNING. CONTAINING 26,005.64 SQUARE FEET OR 0.5970 ACRES, MORE OR LESS. SCAlE, ,. - 100' \ '-- ~ o ,. .~ :loO 100 200 GRAPHIC SCALE LEGEND R!W = RIGHT -OF -WAY ~ = CENTERLINE NICLF = NAPLES IMPROVEMENT COMPANY LITTLE FARMS POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT SURVEYOR'S CER11F1CATE FOR THE EXCLUSIVE USE OF: COLLIER COUNTY TRANSPORTATION DIVISION / /1/ J If DAVID J. I-j AlT, FLA. L1C. tNO. 5 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER J),l eM. (FOR THE FIRM) This Is NOT 8 Survey, WI,..III., -=r.==..M ......................".,."..~....... ~CIMuIMll -"" -..............,...........,... .......~ ...................- -- N8235-008-002 IItIIf I --- IG-181 - aTI Jon 1.3,2006 - 10:44:12 TOSBORNElx:\sUR\NB235\GORDEN RIVER QUALITY PARK\lG-IB1.dwg 1684 SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 14,J.....day of fftRK(/ A12.. Y ,2006, by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Owner"), and 2150 N. GOODlETTE ROAD, INC., a Florida corporation, whose mailing address is 2900 SW 28th Terrace, 5th Floor, Miami, Florida 33133 (hereinafter referred to as "Purchaser"). WHEREAS, Owner owns a fee estate in certain land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a palt of this Agreement, which land is of insufficient size and shape to be issued a building permit for any type of development; and WHEREAS, Owner desires to convey the Property to Purchaser on the terms and conditions set forth herein, and in accordance with Section 125.35(2), Florida Statutes; and WHEREAS, Purchaser owns Iflnd adjacent to the Property and has agreed to compensate Owner for conveyance of the Property based on its potential when combined with Purchaser's adjacent land; and WHEREAS, neither road construction nor utilities installation constitutes development as contemplated by statute, and it is in the best interest of the public to sell the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of: ~465,240.90 (said transaction hereinafter referred to as the "Closing"). Said payment to Owner shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon. 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents"): (a) Warranty Deed; (b) Closing Statement; and (c) Any other document required by the Title Insurance Company issuing title insurance to the Purchaser. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) days from the date of 16 BLi- Sale and Purchase Agreement Page 2 execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall make payment to Owner and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. Purchaser is aware and understands that the "offer" to sell the Property represented by this Agreement is subject to the approval of the Board of County Commissioners of Collier County, Florida. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of a deed to said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the lLR4 o l'~J .~ Sale and Purchase Agreement Page 3 physical condition of the Property or the governmental ordinances or laws governing same. (h) To the best of Owner's knowledge and belief and its investigation, the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. . 8. Owner shall pay all fees to record any curative instruments required to clear title. Purchaser shall pay all fees to record the Warranty Deed. 9. The parties acknowledge that the only adjacent property not owned by Owner belongs to Purchaser, and Purchaser acknowledges that it has received notice of this intended action due to its privity to this agreement, and hereby waives any further notice requirement pursuant to Section 125.35 (2), Florida Statutes. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 12. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 16B~ Sale and Purchase Agreement Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this -<; 14-:..... day of ~2sJ A-a.- y" , 20~. AS TO OWNER: DATED: ;;;'(;4/66 f ATTEST: ", DWIGHT E, 'BROC~>Clerk p"YiLli'{)~" <'"::'~I JJt '"^'J.." ., P Rl:l y Qlerk Attest IS tij'C".f . , , ' '''' !'IIIn s .f...~,PlI1 ,.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~~...... Frank Halas, Chairman AS TO PURCHASER: 2150 N. GOODLETTE ROAD, INC., a Florida corporation DA TFD: t\.//' 0.. 0 . :1 ) ~t t':/(}Jv-. Witness (Signa re) :/ ,() X / Iv f6l..!< L';- r( l'ie_1I Name (Print or Type) /'1 ( ~t.A (tignature) LN,"'d-'l\ Li (. \"'1\1\1~ Name (Print or,Type) 0, t ll"v't f-- Corporate Title Approved as to form and legal sufficiency: ~~~ Ellen T. Chadwell Assistant County Attorney '\ 24.00' ADDITIONAL RIGHT -OF-WAY PER O.R. BOOK 2053 PAGE 1671 AND OR. BOOK 2053 PAGE 1687 '\ '\ '\ '\ 00 <<) '\~ '\ 0 J'SO~ '\ 'Y",..>: 17...> '\ (' s.'\ ..0 0..,\ "1'~ ~ '\ T;,~ J " ~Y' ~6' '\ "1')- 'J:'\ \9.,\ 0 i\ '\ -------" '\ tt- '\'\ ~ I 204.83' '\ '\'\ 1?-('~ \ ~ \\ I \/ \t . \ \1 \ 1\ \ I \ I ; I / \ I \ I \ I : I : I : I / '\ I"') 01 I"') t{) N W "01 t{) 01 I"') m co Z '\ '\ PART OF LOT 8 NOO'16'SO"W POB 01 I- o --.l LOT 8 01 o 81 <.0 "wi ~I 01 ~I co zl I I I I POC T GOODLETTE-FRANK --------- ROAD (R/W VARIES) REV. 1) REVISED PER COUNTY COMMENTS 1/13/06 FOR: COWER COUNTY TRANSPORTATION SERVICES DIVISION SKETCH '" DESCRIPTION OF A PORTION OF LOT 8 OF N.I.C.L.F. SECTION 27, TOWNSHIP 49 S., RANGE 25 E., COLLIER COUNTY FLORIDA _CIllIrI _In _In ClIIIIPILD GCSOO TIIO DJH IG-181 NOTES 1. BEARINGS ARE BASED ON THE NORTH BOUNDARY UNE OF LOT 8, NAPLES IMPROVEMENT COMPANY'S liTTLE FARMS, AS BEING N89' 39'S9" E 2. THIS PROPERTY IS SUBJECT TO ANY FACTS THAT MAY BE REVEALED WITH A FULL AND ACCURATE TITLE SEARCH. 3. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 4. ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED. LEGAl. DESCRIP110N A PORTION OF LOT 8. NAPLES IMROVEMENT COMPANY'S liTTLE FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 2 OF THE PUBliC RECORDS OF COLliER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY liNE OF GOODLETTE -FRANK ROAD AND THE NORTH liNE OF LOT 8, NAPLES IMPROVEMENT COMPANY'S liTTLE FARMS, AS RECORDED IN PLAT BOOK 2, PAGE 2, SAID POINT LYING 20 FEET EAST OF THE WEST liNE OF SAID LOT 8; THENCE N.89' 39'59" E. ALONG SAID NORTH liNE OF LOT 8, A DISTANCE OF 600.00' TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH liNE OF LOT 8 N.89'39'59"E., A DISTANCE OF 253.93 FEET TO THE NORTHWESTERLY RIGHT -OF -WAY liNE OF GOLDEN GATE PARKWAY; THENCE S.50'47'50"W. ALONG SAID RIGHT-OF-WAY liNE, A DISTANCE OF 326.39 FEET; THENCE N.OO'16'50"W, A DISTANCE OF 204.83 FEET TO THE POINT OF BEGINNING. CONTAINING 26,005.64 SQUARE FEET OR 0.5970 ACRES, MORE OR LESS. SCAlE, ,. - '00' \ ..- ---- o 25 50 100 200 GRAPHIC SCALE LEGEND R/W = It = NICLF = POB POC RIGHT -OF -WAY CENTERliNE NAPLES IMPROVEMENT COMPANY liTTLE FARMS = POINT OF BEGINNING POINT OF COMMENCEMENT SURVEYOR'S CERTIFICATE FOR THE EXCLUSIVE USE OF: COLliER COUNTY TRANSPORTATION DIVISION DAVID J. I). ATT .S.M. (FOR THE FIRM) FLA. LiC. NO. 834 NOT VAliD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA liCENSED SURVEYOR AND MAPPER This is NOT a Survey. WI..,.lller -=r.==... ,.,......................".,...,.....~.~~ -... PIDIIIlI' _ N8235-006-002 -..........-. ....,.,........,... ........,.. ............ -.......- Ofl Jon 1 J. 2006 - 10:44: 1 2. TOSBORNEIX:\SUR\N82J5\GORDEN RIVER QUALITY PARK\ 1 G- 181dwg IIlIIl' I --- IG-181 - MEMORANDUM Date: February 16,2006 To: Paul Young Right-of- Way Property Acquisition Specialist From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Drainage and Pond Usage Agreement Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #16(B)5, approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you have any questions, please feel free to contact me at 774-8411. Thank you. Enclosure 1 "',' r- Oo, 1685 PROJECT: 60005 PARCEL No(s): 808 FOLIO No(s): a portion of 13800027005 DRAINAGE AND POND USAGE AGREEMENT THIS DRAINAGE AND POND USAGE AGREEMENT (herejJ:li:jfter referred to as the "Agreement") is made and entered into on this ~ day of \-<-Io~ ' 2006, by and between ROYAL PONCIANA GOLF CLUB, INC., a Florida non- fit corporation , whose mailing address is Post Office Box 7039, Naples, FL 34101 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a Perpetual Non-Exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Easement"); and WHEREAS, the Owner and the County have already entered into an Agreement set forth in Exhibit C, which is attached hereto and made a part hereof and which forms part of the consideration for this Agreement; and WHEREAS, the Drainage Easement and Exhibit A thereto, as well as this Drainage and Pond Usage Agreement and Exhibit B hereto, enabled the County to receive the necessary Environmental Resource Permit issued by the South Florida Water Management District to improve Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road, and thus constitute a part of the consideration for said Easement and said Agreement; and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either 1685 Agreement Page 2 remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easement. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Easement and all uses of the Easement have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Easement to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement, b) any existing or threatened environmental lien against the Easement or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement. Reciprocally, the County represents that any drainage or outfall of roadway storm water discharged onto the Owners property pursuant to either the Easement or this Agreement shall comply with all Federal, State, and Local environmental laws and shall contain no hazardous substances. This provision shall survive Closing and is not deemed satisfied by conveyance of title. This does not include any actions or representations involving Hole-In-Wall. 7. County shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Easement underlying the Easement; provided, however, that any compensation, costs and/or fees required to secure and record releases or satisfactions, shall be the responsibility of the Owner. 8. County shall construct and install, at County's sole expense, ditches, drainage pipes and water control structures (hereinafter referred to as "Facilities") for the outfall of roadway stormwater into the Existing Ponds on Owner's property, as shown in Exhibit "B" which is attached hereto and made part of this Agreement. Maintenance of said Facilities shall be the sole responsibility of Owner. This obligation shall survive closing. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, and specifically including Exhibit "C", shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida 1685 Agreement Page 3 IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. Date Acquisition Approved by BCC: Resolution 2005-223, item 16 (B) 8, June 14, 2005. AS TO COUNTY: DATED: J- \ \,\ \un(.;. ATTEST: DWIGHTS.:BR0Cf,K, Clerk (;~, ~~::'_::''''''''':~'~'--' -. . ," ~;Qi ex ,~,.,.,..,.,.;tl-o..e{) ~Cl 1-"'0" ' '- .. . ' M;test IS.' ~lftr\ jt......twt .." t" ~,......QIt]) <.I,:. 0"1 "~,' . ,c BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~..> 2~/ Frank Halas, Chairman AS TO OWNER: ROYAL POINCIANA GOLF CLUB, INC., a Florida non-profit corporation DATED: if;, tR-Lr~ J~ Signature Name:1"~....... Jl. rA-1lu~ (Print or Type) 12.1*,,-1' C. ;/ (. l ~ Name /'-u ,'j... " Title Approved as to form and legal sufficiency: . J 'J ' Ellen Chadwell Assistant County Item# J to 6~ Agenda 2 -I ~ -r/.tJ Date g:~~ 2..::1 (0 --fk; ,{[ 1685 SECT/ON 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 808 PROPERTY OWNER: ROYAL POINCIANA GOLF CLUB REFERENCE: OR 405. PG. 32 NOJ"22'06"W 5294.69 L1 -\- '(-:,-",,-,\,;-;,,~ @ GOOOLETTE FRANK ROAD -((:1'( _~5J) (J lO'ROW!,. .. .. ... ! i) POS (EAStCRL Y R.O. W. LlNq , , , , , , NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OF GOODLETTE FRANK ROAD AS BEING N 07'22'06" w. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF DESCRIPTION: PARCEL 808 (REVISED) CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION VI I N: @ LINE LI L2 LJ L4 L5 L6 L7 L8 LINE TABLE LENG TH 40.00 125.00 15.00 125.00 70.04 15.01 70.04 40.00 N~PL[S IMPROVEMENT CO'S. i PH. 2, PG. 2 BEARING N01'22'06"W NOO"59'JINE NB9'OQ'J1"E 500"59'31 "w N02<S2'OJ"W N89TJO']j"[ S02.52'03"[ 500'59'29"[ HOLE IN THE WALL GOLF CLUB OR. 63, PC_ 682 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 22. TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORiDA BEING MORE PAR TtCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE INTERSECTION OF THE EASTERL y RIGHT OF WA Y LINE OF GOOOLETTE FRANK ROAD (C.R. 85J) (170' R.O W) AND THE SOUTHERLY LINE OF LOT 33, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS ACCORDING TO THE PLA T THEREON AND AS RECORDED IN PLA T BOOK 2 PAGE 2 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE NORTH 01"22'06 lr\IEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89'00'37" EAST ALONG A LINE 40.00 FEET NORTHERL Y FROM AND PARALLEL WITH THE AFORESAID SOUTHERLY LINE OF LOT 33 A DISTANCE OF 264.42 FEET: THENCE LEAVING SAID LINE NORTH 0"59'29" WEST A DISTANCE OF 125,00 FEET; THENCE NORTH 89"00'31" EAST ALONG A LINE 160.00 FEET NORTHERL Y FROM AND PARALLEL WITH SAID SOUTHERL Y LINE A DISTANCE OF 15.00 FEET; THENCE LEAVING SAID LINE SOUTH 0"59'29" EAST A DISTANCE OF 125.00 FEET; THENCE NORTH 89"00'31" EAST ALONG A LINE 40.00 FEET NORTHERL Y FROM AND PARALLEL WITH SAID SOUTHERL Y LINE A DISTANCE OF 1030.29 FEET; THENCE LEAVING SAID LINE NORTH 2"52'03" WEST A DISTANCE OF 70.04 FEET: THENCE NORTH 89'00'31" EAST ALONG A LINE /10.04 FEET NORTHERL Y FROM AND PARALLEL WITH SAID SOUTHERLY LINE A DISTANCE OF /5.01 FEET: THENCE LEAVING SAID LINE SOUTH 0"59'29" EAST A DISTANCE OF 70.04 FEET; THENCE NORTH 89'00'31" EAST ALONG A LINE 40.00 FEET NORTHERLY FROM AND PARALLEL WITH SAID SOUTHERLY LINE A DISTANCE OF 1295 rEET MORE OR LESS TO THE MEAN HIGH WA TER LINE OF THE GORDON RIVER; THENCE SOUTHERL Y ALONG SAID MEAN HIGH WA TER LINE A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED SOUTHERL Y LINE OF SAID LOT 33,- THENCE SOUTH 89"00'31" WEST ALONG SAID SOUTHERL Y LINE A DISTANCE OF 2575 FEET MORE OR LESS TO THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF GOODLETTE ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREiN DESCRIBED. CONTAINING 2.4 ACRES OF LAND MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. P.O.C. PO.B R.OW. = POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....V\. ::::tlGNOLI .....u :::::UARBER & ......13 ...... ...... RUNDAGE,IHC. lanners, & land surveyors laID! TrIl.lJ.. Nortb; N.p'-, fL 3U08 {23D)687-3111 ndr]' StI'eet., Fort ""'1'lI, rL 33101 (2311)334-H'l3 .L83116..n.dlB3ell. 'u:{2311)66f11-l!2Q.3 REV.06JUL05 REV 22NOV05 REV.10JAN06 I EXHIBIT 'A' @ 40' LITTLE FARMS 2:VJ 0040' "'c :rc< ",0: ",'" .-'" ""':;; C:c- 2:- "'Iii ~a_ " O:c- 00 ::;;.., -'" 2:~ :r '" ~ c- c- o o c- " o c- C co ~ PI STA. I I I 306+ 17.86' z '" N~ "'. ~o .0 ~ . N~ @ fT1" @ L2 L4 STRAP # 09J700 OJJ0004A22 ROYAL POINCIANA GOLF CLUB, INC. OR 405: PC. 32 z '" ~ d o. ~ '" O~ ,,2: o VJ'" "'" 00: ..,'" -'D Oc- 2: "" "-'c- "-'- ~ 2: '" o ~ P N ~ 15' P ARea 808 PROPOSED D.M.E. (2.4 ACRES I) L5 L7 QZ- 'DO 'D "c< 00: "'''' - 'D <:lc- 0"" IN ~. ~c 2: o ". '" "" ClJ~ cVJ ",0 :z:C z::e oS] c<C- "''''' ~;:u 00 ~~ -<: "'c- ~2 '" c=>--z~ L6 JJ 40' lr) (j zl> "'c- ~"l d" o 0-: ".; . II ~G< ;00 ~ 0_ _(!:PPX TOP OF BANK) BY: W. HACKNEY, .S.M. NO. 5606 SCALE: 1" ~ 300' DATE: JUNE 29 2005 DRAWN BY: GWH PROJECT NO.: 8081-GR ACAD NO:9116-SD808 FILE NO:9116 lC. Z__ --" iJ <).~ :'1 --' ('c/-, TION ~)C~ ') 'j / / -- --j TOWNSHIP "19 CC)UN TY, SOU Trl, FiJANGE rLORIOA :;)r _..J EAST CO/Lice PARCEL NO. ~1108-A PROPERTY OWNER. ._~.~.._._--~---,-~-~- Bill AL-P.QJI'!Qi\UIUA1LL.J:;LUl1 I , I ---- -I I FlUD~[NC[: _OR 405,fS; .32 , GOOOLEIIE-FR4.NK IWAO ~~22'06"~~.~--.------?~~il?86~_ -.--.~-----~-.-,- ~ 529469 \._._~-~-_ -(l..-J~i_B~J) {lZO I~ Q V~l j_ ___'____Jj___J.L_ \- SUIIVD BIISUINE: : P. o. c.~ : - i (EASlrl?IY/<OW IINEJ: =r i : : : ~ : : - : (J_~ : r1j@: I (~~) I . 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NOI'2l'Uti 'w SB.:I'ji"5..''w NOS"I-I'27'\V N5j"jO'-I2 'IV N I-J '"-f!'fZ-J 'II' 5ul'Sij'-iti'\V SI2'j.j'21'W 1'-1.'0'5/'27 'IV N5YO--j'-Jj'IV NIT5':!'-J7"IV N2ni::f21"[ NtiO'S--j'-t<]"'r N/-:;'41'51'"[ fIISj'JO'2t5'E 58YJI'-Jc{'C NB921 '5j"[ S/2"4-I'--jj"[ St572!:i'J7''[ N6':J';n'uj"[ N5J"J{/5j"[ N66'09'IU"[ S81"tJJ'JI"t:," 55-1'Jo'--j,('[ Sdd'J'{.IZ"[ 125 L26 1.27 128 1.2~ i .'10 IJI LJ2 UJ LJ'I Uj Uti 1.37 LJj LJ9 l.-IO '" U2 Ln lH Us 1.-16 L-JJ "" 21,9J 127,3J JiO.Bti %,CJ2 7 'I.:! 1 8;iJtJ IJ,90 260-J 2ti,Jj 29,SI .H93 aUl8 !Jlb7 %,76 J.'jJ.98 70:i(j 21.51 13024 57,8,'j 8844 522J <16, Jt! IIB,J5 J7tEI NdB'OJ'J;!"!: N60'--/U'So"[ NSJ"07'Og"[ s/rJ::'IJ't S6TS/'un:: 1'151-15'4<1"[ 58'5"10'.16"[ 531"32'1.3"[ SU2"IO"IO,nv Slj"2U'lS"fV SJ7'ZI'US"W S2~)"O..'12'W ,>87')U"J"I\I SBI'02'IO"W SCJ~rl.I'I'J"W N8:F2U'-IU''f\' N5,'2ij'JO"w NI'.)'JO'.32"W N68DO'I-t"'W S6S'16'J2"IV 558'2/'! rw 572'J2'()J"W S88'2~'jti'W N7tr,52',I7"W '2: TI " c- I 0 0':;: fo "0 ,,):,. 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SOUf/rt'l-?LY LI,.,f uF lor jl NAi-'I[S IW"HuVnIHH COMPANi'S LlIlLf 'AilAlS ACCDrIOIIIG 10 II-1E PI.-11 JII[R[UF '<NO -1S FI[CuIWfO IN Pl, r BOOK 2 /-'AGE 2 PUIJUC RfCOliD5 OF CUIIIU/ COUNl'( i-LOr/IDA iiiili<:f ,.'U,,-'Ii-j UI'l!'uo' \y[SI AlONe; ~..1iIJ RIGHI or- II'..1Y IIIIE A UISIANCl:: or Ita;J~ nEI, I/,[Ner ![41IN':" ::;-1IU WI[ NilHl1I /jCj'jJ"sr [A5f A VIS/ANCl: 0, 15.:1.59 Ft::Er ru AN iNfWSECIION B,/iI-; 00- A L.-1~[ ,liD !liE POII!I Oi-' fi[ellllliNG OF 11-11: p"Ren J-IfRtlN SEING IJf~CI?IB[D, IrJUiU: AlOtl...- 5..110 lOP OF bANK NUll III J7"I/j'21" EASf A Oi;;fAI'IC[ w.- IfJjJ rtEr; lIoUICt COIHI/WING A(O<'IG S-\i[) TOP 0/'- BA"ii; IIUHln t:iO'j~'H- <ASf A UI"f"NCf Dr 2~,J9 HEr; lilHler CO~HINUIIIG ALUile 5410 FOP or BVIK NOUfl-1 79'~I'51- [,-'oS( A [lISf"NCE Uf- JO.11J /-TfT; Il-iENC[ COIIIlIIUINC MOIIC 5-110 TOI" Oi- B,Ni; 1101,1/1 /Jj'JIJ'2o- fASI A DISIAllel: or 95 9j ITEf I/lUKE CONflulilll" ALO,'!G S.-11O 10;-' or fHIIK ~O(jfll /IY.lI'41l- [AST A DISIMlcr OF 127,/1 tT!::T, l1'I[lIe[ CCWllNLlillG AI 01.'''; SAiD)OP 0, 8MlIi 11011111 8~'21'jr [AS]" "- DiSfAN(;t or 51.0J fEfl: lIi[li;:f C'UllfiNlilil"; -1l01'''; SAID lOP Of BANK SOlllll 7:!'.I,'~J. (ASI A OISIMICt or J1,1i7 l[fT [llflk-E CCJill'lilUl,'I"; AI.OIIG SAID lOP Of BANII 50Ufll 67'lQ'Jr fAST A DISf-lNl"f OF IU,9(i Ff['r, IIIUI.T CUNII,'/lIill,~ _~LQII(; SAID lOP OF flANII NORIII 6!/'2n~- fASf A DISIANCf Of j~ J~ FEEl; 7}-Ifl/,'f C"0IlfINlIING -\lOile SAID lOP or flANII NOR III jJ"JiJ'jJ" fASI' A OiSIMJLl 01-- 59]j i-Tff; nlE,liX C(INI!IIliI/l'; ,lOIIC $,10 IUP Of BANh' NORfli 66'O<J"/tJ- (,~5f A DISfANCE Of 15,78 F[n II'['"/L[ CONIINUiN"; ~LO,'!C SAW Wi' or B~IIII SOUIII IJl'OJ'jl- [A~/ A DISfANCf OF 7628 FEfT; TH[iIU. COIIIINUII/G ALONG 541D lOP Of' 841111 SOUff! j-llti"~~- [ASf A DISfAIICE or !/502 FEEl; IIiEIILE CO(IIIIILIII10 AlUNG SAID lOP OF BAliK S01)fll 8S'JI'-jl" EASf A VlSFANCf." or IWI;;O i-'[fl: HI[iIL"f COIIINIUIIIG ALONG $-110 fOP OF BlNII NORffl 5/J1lJ'Jr fAST A DiSfANCE or 219j Ff[l; IfIEn;:f COl/lirWINl,; AtOll'; S-\ID lOP Of BAI!/( NOIIIII 60-,0'56- fASf A Dr5fMIC( OF I2lJI r[fl; IilfllCT CONI/NlIII/'; -1l0NG S'\JD lOP 01'- 8'<1110. 1101'1111 8.Hn'v!.''' [ASr A DISIMlcr O/-- 11086 I EEl: THUICf CUNFlNUIIIC -1LOlle SAID 101" O/-' BAN,,' SOUIII /.I'J2'lI" [ASr A DISJ,\/,Cf Of 961:12 i-L[f; fHOKE CONTINUING AtONG 5-\11J lOP or 8c\llk' SOUIH o7"~I'OJ" fA:;f A DISIANe!::' or /~il l'Etl; IIIE/ICE CONflNUillC AlONG 5-''/0 lOP or BAlI/\ //(Jr.lii 51'1j'-I~" [ASf A DI'jiA/!Cf or fjj 10 FtCI; III[NC[ COIIIIIWJNl~ ALONe 5"-10 lOP or 8.-1111': SOlI/II 8S-leU,," fA51" DI5fANLE UF-ljYOHff; IHUIC[ C010lN1I1IIG A!ONC SolID WP OF 8-1('110.' SOUl/! J7'J.:'u- [A5/ A [JISI.4NCE l)f' 250. I-"l:[f; IiIUICE CQ,'IIINlil,'IG ALOnG S~/I) WI" Dr BANIi: SOUfII OnD'~'l- ~\EST A Vi5IA/j(.'[ OF iij Jj /-EEl,' IJltUCf ~OtIllNUiNc; AtOlle 5-1iD TOP OF BANK 50UTlI 2J'29'2j- IIE5f A ViS/MICE Of- l;Jjl i-HI IIlEN,'[ CUNnl/LiiNG ~LONG SAID luP OF a.-1N~- saUIII J7'll'DS-1I1'Sr A OISf"NC[ or ,j,'')1j i-LLf; fllUAT CO,'iI!lIliINC AlONG S~ID lOP Of' BAm; 50Ufll 29'0~'I2" ~\ESr A DISfANc.'f OF 5788 FrfT, 11i[!ICE CO,'HIt/UI,'IC MONe 5<10 rop Oi-- BMIK SOU I/-I 87'/0'11- IIESI A DISIANce 0, 1JI(il HTI; INfuCf CONII.'IUiI/G AlONG $AIO fOP or BMlii:' SOUTiI 81'02'10" I,EST A 0I51,.1N(;E u/-' ~bi'Jj ,LU, 11i[I/C[ COlllllllllllC A!ON,~ SAID Il)1-' OF i;iANI( SOU1l1 /j9':.!4'19- IltST A DISHllef- 01- 15/,!l1j ffn, IllUICt COUIIIIUIIIG AU)II1: SAID WP Of fJ~IIK NORfll :J9-"0'40- \1E"~r.A OISTANI,'E' LJI'- 7050 h[1 UiUIl.[ C;),JIINUI,IG ~lOUC S,-11O lOP Of BAIiIl NOl-?fil 55'26'JD" lIE-Sf A DiSIAI/CO: or 1151 f[[I, IIro-IIei:' l'l)ll1IrtlJINC "tOil,; SAW Wi-' Of I;lMI~' IIOHIH 7.,]'Jo'Jr WE';f A DISJANC[ Of /JU 21 lEU; IIIGIG' CUHII,~OUIG 4LUIIG $-'010 TO/--' OF BAlIII NOIWI S/J'OO'H" 11[,1 A IlISIMIC/:: or j//Jj n_u; II,DIL'[ COllllilOlllG AtQNG SolID WP Of flA,l11l SOUTH oSi6'j2" II[Sf A OISIANCf Of IlIJ H HEf, fliEiiCE CUIllHllllilG ALONe SAIIl lOP OF HANIi SOU 111 58'21'17" WfSI ,,\ [)Jjl.'1I!Cf or 522J IEtf; ["UICE COnJ'lr'llIII-IG .ILOIIG SAID fIli-' Of BAn~' SUO Iii /2"12\)1" W[Sf A 1Ji51,lNCf L)f -jS,11! f[[I: ni[uCf '~OlillrtLJING ~IOI!G S,-11D TUi-' 01-' HANII Soun-I IJ1l-2~'jii. wnl A DISf'WeE lJ/- IJ8,Jj /-fEt; IIIENL[ CUIiIlN(!IIiC ALUm; SAI/J I(Jp 01 8..1lill NORtH 18'52',7" \I[S( A DISIANef OF JUJY H'U; IlIEiIC[ COUWllIl,'IC ALOUG SAI/J IUP Of BANi"I No/-/nl 65'11'27" 1\/;51 A DISIANLT OF j~Uo FEU, iJ,'Ei;(:[ L'OiHIULJINC ALoue; SAID fOF' or 13.-\111< NCNTII 5,LJO'~:!" \\fSr..1 OI'jrANCE Of 1I:;,J7 FEU; II'L/ILT d-"'olllll'iNC 41.0,"1(; S_-110 lOP O~ BAII/\ NOI,l'ii 1.1"H;':!'I- II(Sf A VlSI'Al-ICt ut J9jj I'LLf; IloEiil;E COU'llo'IIJltlG -1(()IIC 5,-1'0 Wi-' Of-' BANII SOull, oi'5Jj'~ti" \\E::;r.4 [l15fANLE 01'- !.':J,/jO fEU; IIlcl,CE L")iHIiIIII!lC ALlm,; SA,D fOP UF B,-1ii~' SOUIIi 7:!'2'1'11- W[Sf A IJ!SrAlKE UI '1/J,L2 FIT I:, IirEu(:L C,J,IIINUINC 'LOn" .';,"U WI' or BANI>: IIORlJ, <11'51'21' l\cST A DISIMICf 01'- 5~,1!S FEEl; IIr::::UCf COl-illl-lUillC 'lU!le SAiD fOP (Ji- [JAN/': /iUIUi, 5oD-/-_Jj- II<-:;f A DISIA,'o/CE tli- I~ 'I l'fE'l: III[IIC[ COr,-IIUI!IIIL; -1l0ue SA'D lOP w: a_Ii'IK llOHll1 IJ':;!I',~r ~\tSI A OiSIANC[ 01- !l,W ITCI 10 IdE POiNT OF B<CII/NI(,';; OF IIlt- PARCEl IIEtI[111 O[SClll/jLIJ, :2 C'l '" J, C- ,- " o C- -'1 Cl ,- C CO .~ L=-J--~ :z: '---c=--~ L, Cl C1 pac F'OB. IODINT 01- COMMENCMENT POINT OF BEGI~II~ING 1< Ow RIGHT--OF-WAY "I'JO r A SUF,VEYH NOTE BEARINGS A/(E BASED ON THE SURVEY BASELINE OF GOOOLE TiE mANi, ROAD AS BEiNG N 01 '22'06" W [)[Scr,IPTION AND SI<[1 eH SHEEI OF L\,'III"I.'.'lli':" -/,1 --1U,t-S iJF L,NO !.IeNlt- Oil as:;; 5UBifcr F:J tASfl,lHlb AUO 11[511111."1101/5 OF HI~CUim, LEGf\I_ DESCR-IPTION: PARCEL 808~A'---~~-_.' CLlENT:---CC1L1TERCOU-NlYTRNSPORfA TION DIV:SION REIlI-SrDn:---- . TI'lls-TEG,~LDEscf-0PTlor:j-At:,w SI<'E'TcITl'JRE1:)Ar~ED- BY ....n .... .... GNOLI .....U :::::;_~}~HBEH & ......~) ::::::il )HUNVACE,'NC ::;, plullner-:i, & 1t1IlU ::;tu'vt:yun; ou T~oH"UlI 'fUll. Nu,.tL; Nu[>l~o, n a~lU~ .:~ lJellury ~I"'ed. ~'''Jl '"y",'O, H ~a~OI ,'u ~I"., LlJ J~B I ouJ ~[J ~~B~ ;'u: ~-------- BY: P,S,M, NO, 5606 SCAle: ___I" ~ 'DO' DRAWN BY:__QWti PROJECT NO ACAIJ NO 2.111, - SDB08(LAKE) EXHIBIT (2a~):;U.1 -Jill (2:W)aJ,j 1l'IJ (~J~J~uu, ~~UJ DA TE: NOV _22.. 2005 .~ffi FilE NO:9116 ~13' I 1 6 f\ ":' COpy [j' c.c LC ,\j- G...- AGREEMD\T I;ETWIT'" ROYAl POTNCIA1\A 6: COLLIER COlT!'.T\ Th:- PU1"}-,OSE. ofthH agr=:enl~nllS 10 SC11v~ 2 prob]~m thaI rl1a~',' 2-T1Se- in tl1e reconstructioTJ OJ tll:, 1l11ersectioTi 0: CJC1odJette- RDad ilnd Solana1BuI!UDQ. T~-ee- D:;-lVE dunns.: vndeninC'1 0" - -~' -. ~ Goc1dlettt Roac Ro'.'a! FomC1CllCl pr~senl1y has an enlrance'e::il onw GoodJel1e whicl1-has Slg112.11:atlon Th~5 ent:-anc,eltxil 15 located Jllst south OJ BUTI11ng TTe= Drive TillS enlrancE:h:;'~E IS lei be- re]ocalecll,)'lht: Clull by cn:ating 2 n~V\ ~nlTal1CE::I~)jl on10 Burning T TeE ::);cve anc clCJsm~ the ont on Goodlette. The [Tafne lighl pTesenth on Goodlel1t will k moved 10 the Bunlm~ 'Tre:: Dnve entrance/exit. ~he- panie:: ul1d~rsLand tha: the- Clty of Naples will be in charge of conS1TLlcting ofBunuD2 Tree Drive DO:ri GoodleUt Road 10 the Club's neVi enrranceie;:n. Due 10 the d1VisioTI oflh~ cO:lst:uctioTI betv\"een tVJC: governmental el1tities~ Royal pOlDCian2. is cOl1ce:ned that it is possible a situmion may u::-velc}1 v/herebY'the Club's entfal1Ce,ie:;:i: onto Goodlette ,,:vould be dosEd and the Liafiic ~lgh; removed p~or to conclusion of construc.tion ofBuming T fee up w tDe Club's new er;rr3-'Jce. To address this concern the County agrees that it will not close the present entra..Tl::e/e}:it of :t~oyal Poinsla.naJ or remove the existing li~ht and median cut: until the latter p~ of tbeenti:-E Goodlett:: Road project v.'hich 15 no",,' targeted to be July =OJ6. :' Tbe Counly 2-grotE tc cO'lsider within one (1) veal' of lhe dalE of the comp1etioTI of the G08dlene/Sol2.TIa Road ~DterseClion v/hat furrher lanes/tern lanes OD Solmc it deems 2.p~ro~:riate lC im_pr()vt the, u1te::-section. .:1-. Uponremo\.'al of the r.-affic light at the entrance to Royal PoinClana, the Count)'"\viU give the [Tafne lighl and accompanying ~quipme11l1O the City for the Cl1)'10 install at the Club's new entrance on Burning Tree Drive. 5. Royal Poinciana agree, to cooperate with the County in all the above, Cooperation with the County includes graIning by Royal poinciana of an easemeDl on South side of its present entrance parcel for the 112-11dhng of the out fall water in a marmer 10 be approved by the Club anS [he Connty. ROYAL POINCLiLl\'A GOLF CLUB //// '. . / ; . Bv Vce!~ fA /J,-~d Title Pn;:c./c)ent Date: (j ,---'1- b.r,- {i.- t:-.;..;.----- , By: Title Dale: . .~O/LIERWNTY ./ fer/Pi); ;'J:~ :..-- ~. .!/rA"fi.A,'J An,,i1.-1-:J:-iv. / r: / -; ~ , ,";,Jj,;l.(; 05 EXHIBiT I Ie' 1686 MEMORANDUM Date: March 13,2006 To: Brenda Brilhart Purchasing Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract #06-3933 "Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project" Contractor: Hannula Landscaping, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16B6), approved by the Board of County Commissioners on Tuesday, February 14, 2006. An original has been retained in the Minutes and Records Department and one has also been sent to the Finance Department. If you should have any questions, please contact me at 774-8411. Thank you. Enclosures (3) ITEM NO.: DATE RECEIVED: () b - Ftc -oo'('s- 1686 "i; H...:!: I 'r' I~'-L 1-', \..1 lie I,UUNTY ATTORNf:) ZGa6 /'fAR f 0 PH 4: 06 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE TillS LINE REQUEST FOR LEGAL SERVICES Date: March 9, 2006 To: Robert Zachary Assistant County Attorney From~ Brenda Brilhart, Purchasing Agent Re: Contract #06-3933 "Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project" Contractor: Hannula Landscaping, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 14, 2006. Agenda Item: 16.B.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to Bce for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. Cc.- ~ ~ ~ I ~ ~.o(;, 1686 Memorandum ~ March9,2006 ~ /0 Sheree Mediavilla, Senior Analyst A /" \) /' ~ I Risk Management Department l.J '"? u- ! FROM~ Brenda Brilhart, Purchasing Agent DATE: TO: RE: Review of Insurance for: BID #06-3933 'Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project" Contractor: Hannula Landscaping, Inc. This Contract was approved by the BCC on February 14, 2006 Agenda 16.B.6 Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 239/774-8446 cc: Pam Lulich Client#: 33375 HANLA1 ~ , , ACORD", CERTIFICATE OF LIABILITY INSURANCE ,roo ~cJ - PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE , ' Goodlolte Road N, #1 DO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. !\. ,.os, FL 34103.3303 239 261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Insurance Company Hannula Landscaping, Inc. INSURER B: FCCllnsurance Company 28131 Quails Nesl Lane INSURER G: Bonita Springs, FL 34135 INSURER D: INSURER E: From' FAXmaker To' Brenda Brilhart Page' 2/6 Date' 2/28/2006 11'17'08 AM COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERJOO INDICATED, NoTWITHSTANDING ~y 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. LTR r.i's'R TYPE OF INSURANCE POLICY NUMBER PDO}I,i"J~fJ~lVf P~fll~l~,~~~N LIMITS A ~NERAL LIABILITY CPP0911688 01/13/06 01/13/07 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE ~91:~NTED $100 000 I CLAIMS MADE [Xl OCCUR MED EXP (Anyone person) $5 000 f-- PERSONAL & ADV INJURY .1 000 000 f- GENERAL AGGREGATE .2 000 000 GEN'\... AGGREGATE LIMIT APPLIES PER: PRODUCTS - CaMP/OP AGG .2 000 000 h POLICY -h- ~~& . n-lOC A ~TONOBIL.E L.IABILITY CPP0911688 01/13/06 01/13/07 COMBINED SINGLE LIMIT rX- ANY AUTO (Ea accldent) $500,000 - All OWNED AUTOS BODilY INJURY (PllrpNSDn) $ - SCHEDULED AUTOS ~ HIRED AUTOS BODilY INJURY . .!- NON-DWNED AUTOS (Pl:raccidt:f1t) - PROPERTY DAMAGE . (Pl:raccidl:l1t) ~GE LIABIUTY AUTO ONLY. EA ACCIDENT $ ANY AurO OTHER THAN EA ACe $ AUTO ONLY: AGG $ B ~CESSJUM8RELLA LIABILITV CPP0911688 01/13/06 01/13/07 EACH OCCURRENCE .3 000 000 x OCCUR D ClAIMS MADE AGGREGATE .3 000 000 . ~ ,DEDUCTIBLE . X RETENTION ,0 . A WORKERS CDNlPENSATlON AND 001WC05A40029 01/01/06 01/01/07 X I T~ff,r,~TiI~ I IOJlt ENPLOVERS' LlABIUTY $500 ODD AHY PROPRIErORiPAATNERIEXECUTIVE EL EACH ACCIDENT OFFICERIMEMBER EXCLUDED-' E.L. DISEASE. EAEMPLOYEE $500,000 II yes, dascribautlder $500 000 SPECiAl PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHeR DESCRIPTION OF OPERATIONS {LOCATIONS IVEHICLES {EXCLUSIONS ADDED BY ENDORSENENT I SPECIAL PROVISIONS Landscaping & Gardening Certificate Holder is Named as Additionsllnsured on a primary basis as respects 10: General Liability Only as needed by conlract, perform GA 472 10 01. 30 Day Cancellation Notice. Umbrella is in excess of all policies (See Attached Descriplions) CERTIFICATE HOLDER Collier County Purchasing Department Altn: Brenda Brilhart 3301 East Tamlaml Trail Naples, FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENce"vOR TO MAlL ----3.0..- DAYS \'IJRITTEN NOTICE TaTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR lIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES_ AIIT 0 REP SENT ATIVE ~ ~r-:~~r ACORD 25 (2001/06) 1 Df 3 IIS291738/M278176 CAH €l ACORD CORPORATION 1966 From: FAXmaker To: Brenda Brilhart Page: 3/6 Date: 2/28/200611:17:08 AM IMPORTANT If the cert~icate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it attlrmatrve:ly or negatively amend, extend or alter the cDverage attorded by the policies listed thereon. ACORD 25-5 (2001/OB) 2 of 3 #S2B1738nM278176 From: FAXmaker To: Brenda Brilharl Date: 2/28/200611:17:09 AM Page: 4/6 ...-.....-...----..---....-.--.".........".........."',..............,'-.....-...---.---..--.-.__....................:,....,',:,....,'".......:,',:,...,...:,',:,'-" ......................-.-.-,.-.,-..-..-..._.-........,............................."..................."..................-...-..........-.-...-...".-.-.-----_....,. ..... .--.. ..........., ........."....... """""""""""""""""',""D" ."E'. 'S'C"R"'I'P'T" ..' .'0" "N'" "S' ""(. C'," """t.""""d"ff'" ""p" ',',','.' """"""'(,, ') " .__.__..........__..............".............................."................. ".. . ,_.. '.' ..._ - - - ....., .. ""'.' . ... . ,m,"'" .d.........." ".... ............"..".._....".. , .... _ _ .... .. .. ... .-........."".".."....."........."........".. . ... ,. -. - . -.. . - .... .......... ,."".,'.."..,.,.,.".,"..,.,.,.,'..,.,',.'.,..,..,,.,',.'.'., ,.., ,. ',.,'"" ,,'.. ',' ,on.,.,n,u,e ,.,.,0. m.".a,ge,.." '.." .... ..." ....".... .......... ..... .... . . .... ... ... ... -.......................................................-....... ....--,-....---.-.--...--...-....--......... .-..... .... .. ..". ". .."..". .................."...""........"". ...............----......,,--,,----,,----,,-- """" "" .-..............................................................................-.....-....----...-_._---------------.--.----..---.......... shown on this certificate. l .ract #06.3933. "Golden Gate Boulevard (CR876) Phase II Landscape Install Project" AMS 25,3 (2001108J 3 of 3 #S281738nM278176 From: FAXmaker To: Brenda Brilhart Page: 5/6 Date: 2/28/200611:17:09 AM 1686 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insuranoe provided under the following: COMMERCIAL GENERAL LIABilITY COVERAGE PART 1. SECTION". WHO IS AN INSURED, 2. is amended to inolude: e. Any person or organization, hereinafter referred to as ADDITIONALlNSURED: (1) Who or which is not specifioally named as an additional insured un- der any other provision of, or en- dorsement added to, this Coverage Part; and (2) For whom you ore required to add as an additional insured on this Cover- age Part under: (1) A written contraot or agreement; or (2) An oral agreement or contract where a certificate of insurance shDwing that person or organization as an additional insured has been issued; but only with respect to liability arising out of "your work" performed for that addi- tional insured by you or on your behalf. A person or organization's status as an in- sured under this endorsement continues for only the period of time required by the written contract or agreement, but in no event beyond the expiralion date of this Coverage Part If there is no written con- tract or agreement, or if no period of time is required by the written contract or agreement, a person or organization's status as an insured under this endorse- ment ends when your operations for that insured are completed. 2. SECTION IV . COMMERCIAL GENERAL ldABllITY CONDITIONS is amended to in- lude: 1. Automatic Addilionallnsured Provision The written or orai contract or agreement must be currently in effect or become ef. fective during the term of this Coverage Part, The contract or agreement also must be executed prior to the "bodily in- jury", "property damage" or "personal and advertising injury" to which this endorse- menl pertains, 2. Conformance to Specific Written Con- tract or Agreemenl If a written contract or agreement be- tween you and the additional insured specifies that coverage for the additional Insured: a. Be provided by ttle insurance Serv- ices Office additional insured form number CG 20 10 or CG 20 37 (where edition specified); or b. Include coverage for completed op- erations; or c. Inctude coverage for "your work"; and where the iimits or coverage pro- vided to the additional insured is more re- strictive than was specifically required in that written contract or agreement, the terms of Paragraphs 3.. 4.a.(2) and I or 4.b., or any combination thereof, of this endorsement shall be interpreted as pro- viding the limits or coverage required by the terms of the written cDntract or agreement, but only to the extent that such iimits or coverage is included within the terms of the Coverage Part to which this endorsement is attached. If, how- ever, the written contract or agreement specifies the Insurance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 3. and 4.a.(2) of this en- dorsement shall not apply and Paragraph 4.b. of this endorsement shall appiy, 3. SECTION III . LIMITS OF INSURANCE is amended to include; The limits applicable to the additionai insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part, The limits of insurance are in- clusive of and not in addition to the limits of insurance shown in the Deciarations, GA 472 10 01 Includes copyrighted material of Insurance Services Office, ine" with its permission, Page 1 of2 From: FAXmaker To: Brenda Brilhart 4. The following are added to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: The insurance provided to Ihe additionBI in- sured does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising oulofthe: (1) Rendering of, or failure to render, any professional architectural, engi- neerIng or surveying services, in- cluding: (a.) Tho preparing, approving or failing 10 prepare or approve maps. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b) Supervisory, inspection, archi- tectural or engineering activities; (2) Sole negligence or willful misconduct of, or for defects in design furnished by, the additional insured or its "em- ployees" , b. "Bodily injury" or "property damage" aris- ing out of "your work" included in the "products-completed operations hazard", Page: 6/6 Date: 2/28f200611:17:09 AM 1686 c. "Bodily injury" or "property damage" aris- ing out of "your work" for which a consoli- dated (wrap-up) insurance program has been provided by the prime contractor I project manager or owner of the con. struction project in which you are in- vol ved, 5. SECTION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Olher Insurance is amended to include: a. Where required by a written contract or agreement, this insurance is primary and I or noncontributory as respects any olher insurance policy issued to the additional insured. and such other in""r~nr.e policy shall be excess and I or noncontributing. whichever applies, with this insurance, b. Any insurance provided by this endorse- ment shall be primary to other insurance available to the additional insured except: (1) As otherwise provided in SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance, b. Excess Insurance; or (2) For any other valid and coilectible in- surance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is writ. ten on an excess basis, In such case, the coverage provided under this endorsement shall also be ex- cess. GA472 10 01 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 2 of2 1686 EXHIBIT B INSURANCE REQUIREMENTS (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 Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor 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 Contractor'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) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. \~} The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project ' (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the ler may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 1686 coverage's and charge the Contractor for such coverage's purchased, If Contractor fails to reimburse 'ner for such costs within thirty (30) days after demand, Owner has the right to offset these costs ,. Jm any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used, The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents, (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. 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 Contractor. 11.3. All insurance coverages of Contractor 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 Contractor shall not apply to any insurance or self.insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the fonn set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any), 11.5, 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, 11,6, All insurance policies to be provided by Contractor 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, WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes _ No GC-CA-B-2 1686 (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the - -'ntractor during the term of this Agreement for all employees engaged in the work under this ,Jreement in accordance with the laws of the State of Florida, The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee 2L $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. (check one) o Applicable [g] Not Applicable ,I Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) o Applicable [g] Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis, Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations, Coverage, Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 General Aggregate $ 500,000 GC-CA-B-3 1686 " ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 www.colliergov.net ADDENDUM DATE: January 19,2006 TO: Interested Bidders FROM~renda Brilhart, Purchasing Agent SUBJECT: Addendum # 4 - BID 06-3933 - "Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project" The due date is January 23, 2006 by 2:30 p.m. REPLACE: Bid Schedule Pages GC-P-2a, GC-P-2b and GC-P-2c. Section V, Item 4 will be provided by the County. If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or by e"mail at brendabrilhart@colliergov,net. ee: Pamela Lulich, Transportation Dept. Ene: 1 6 B 6 ., ,. ii. w 1;; 1;; 1;; 1;; 0 " a a a a '-' '-' '-' '-' rn rn 0 rn ro 0 0 0 0 0 t- t- o t- t- .,. .,. .,. .,. .,. .,. .,. .,. .,. .,. .. .,. .,. .. .,. .,. .,. .,. .,. .,. 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U C> (0 t-- co 0) 0 1686 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 www.colliergov.net ADDENDUM DATE: January 18, 2006 TO: FROM:~ SUBJECT: Interested Bidders Brenda Brilhart, Purchasing Agent Addendum # 3 - BID 06-3933 - "Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project" CHANGE: The due date is rescheduled for January 23, 2006 by 2:30 p.m. REPLACE: Bid Schedule Pages GC-P-2a, GC-P-2b and GC-P-2c. If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net. cc: Pamela Lulich, Transportation Dept. Enc: 6 8 6 '" '" " " Cl.- 0 "' "' "' "' " 0' 0' 0' 0 0 0 0 0 ro ro 0 ro jii '0 '0 0 '0 0 f- f- 0 f- f- <'> <'> <'> '" <'> <'> <'> <'> <'> <'> '" <'> <'> '" <'> <'> <'> <'> <'> <'> "I "! 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E ~ 0. (0 I' 00 m 0 1686 ";\ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 www.coIliergov.net ADDENDUM DATE: January 13, 2006 TO: Interested Bidders FROM: @Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 2 - BID 06-3933 . "Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project" REPLACE: Bid Schedule Pages GC-P-2a, GC-P-2b and GC-P-2c. DELETE: Page GC-P-2b - Section V. Irrigation Materials: Line 3a. DELETE: Page GC-P-2b - Section V. Irrigation Materials: Line Item 4a. ADD: Page GC-P-2b - Addition to Line Item 7. Irrigation Contractor provides connections to County supplied equipment (field control wires to controller). If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net. ee: Pamela Lulieh, Transportation Dept. 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Q) ,E 1686 " U N n. u Cl ~ '<= u w " w rn ~ 0- W ~ rn '" <= '6 '5 e 0. ~ rn ~ ~ w U w <= " .0 "" '0 <= rn ~ ',! ~ ro .c ~Q)-E u.. w rn w u.. >- Co Co 0 ::I <1l :0 0- <= " (1)::J U II II II u.. u.. >- </l-'O co I'-- 00 0> a 1686 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 www.colliergov.net ADDENDUM DATE: January 11, 2006 TO: ~ Interested Bidders FROM:\!) Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1 - BID 06-3933 - "Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project" CHANGE: Lane usage fees will be paid by the County. The Contractor must notify in writing forty eight (48) hours prior to closure if he has the intention to close a travel lane. If the County is not notified in writing, the contractor will be responsible for the daily lane usage fee. Lane closure is not permitted on 1-75 or lane closure which creates a back-up of traffic on 1-75, REPLACE: . Bid schedule with Revised Pages GC-P-2a, GC-P-2b and GC-P-2c. CLARIFICATION: On page GC-P-10, on the second paragraph, place five percent (5%) of total bid price in the blank in the following sentence: "Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net. cc: Pamela Lulich, Transportation Dept. Enc: 1 6 8 6 ,..., . . " L " 1;5 - 1;5 1;5 0 00 '" 0 8 0 0 () () () :s :s 0 rn rn 0 (? 0 0 0 I- ci l- I- '" '" '" .. 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" ro => cr <f) " u. <f) ~ Q) E " ro u. >- ro U Q) :E C => :.:J 0 II II U. >- --' U ~ " C " " U ~ (9 "2: .S * j 5l ~ E - a; ~ .~ :: :g _ ~ 0 Vl ~ on .':' ~ C " ,~ '~ g .E 13 Q) ~ ~ Q) fJ) :~ ro (j) -g "'C ~ Vi' ro ffii~~ ni ro g a. e a5 c ~ .s :c 8 "I:: o ~ -0 t5 ..... ~l~~~ :='(f)C:C.E ~ ..... g 0 ::::l .3 "E - ~ c u 03 t; 0> ro ~o.o.g-E ~~5~i.E ~ji~~~ Z .9 1: '"0 (J) ~~"S8ffi~ E ro '"0 '"0 c: c: 0. 0.. c: ffi g (;; "sO>o.L..8-;;-g.o g .~*(J).m roa>oo..-g g .c '"0 +:l E ro c(/J">g5.~ 8 .8 Ie on " '" oa.a.-5~E ~~~~.9~~ o8(/JL..~.c0....c ~c:oSc:roEo Q).Qu~~o>.3ti3 ~~~g8-g1l11 ~"E8"~~~~ti3 'N~" _~~.w_,.~",_,~".__..._~__~-.____w___,.__""~~,.____ 1686 Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project COLLIER COUNTY BID NO. 06-3933 COLLIER COUNTY, FLORIDA Design Professional: Outside Productions, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 1686 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C, BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Outside Productions, Inc, and identified as follows: Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project as shown on Plan Sheets L 1-L8, IR1-IR10 EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records EXHIBIT P: Contract Time Line Schedule 1686 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project COUNTY BID NO, 06-3933 Separate sealed bids for the construction of Golden Gate Boulevard Landscape Installation Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 19th day of January 2005, at which time all bids will be publicly opened and read aloud, Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 3:00 p.m. LOCAL TIME on the 5th day of January 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project, Bid No. 06-3933 and Bid Date of January 192005, No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112, Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $40.00 for each set of documents to offset the cost of reproduction, Return of the documents is not required, and the amount paid for the documents is nonrefundable, The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue. Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the .-- GC-PN-1 1686 required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein, The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy oftheir Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications, The Successful Bidder shall be required to finally complete all Work within one hundred and forty (140) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 14th day of December 2005, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: GC-PN-2 168641 PART B -INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives, 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation, 1,5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1,6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents, Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-13 as bound in these Bidding Documents), By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein, The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112, If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 1686 location specified herein after the time specified for bid opening will be retumed to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Cler1<, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award, Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders, All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) wor1<ing days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary, Section 4. Riaht to Reiect Bids 4,1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons, GC-IB-2 __,'_c__.___._~..._ 1686 Section 5. Sianina of Bids 5,1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature, 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5,4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized, Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally, Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration, All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date, Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 1686 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8,2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8,3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b, Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c, Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports, Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2,3 of the General Conditions to the Agreement Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials, When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-IB-4 1686 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only, Payment for unit price items shall be based on the actual number of units installed for the Work, Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price, Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid, Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12,1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid, 12,3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session, Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies, GC-IB-5 1686 41 Section 13. Sales Tax 13,1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures, Section 14. Exclusion of County Permits in Bid Prices 14,1 To ensure compliance with Section 218.80, F,S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s), Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15,1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15,2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means, 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-IB-6 1686 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a, Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b, Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it 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 from the date of being placed on the convicted vendor list." GC-IB-7 1686 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project BID NO. 06-3933 Full Name of Bidder \-\'" N!\.l1A. \ 0., ,",,,tv ~ st."''/' i t-JJ I"H... Main Business Address a~\3\ GlIAc<i \~ Ne~t l.~JVe. e.o.vif", ~f1RI).;l!l~, R.Yf,'J" U '31.\1~S Place of Business Le-e ~O""N-\'f \3.0"':+"- Sf~,')\lJ.1. RO~I'Je.. Telephone No. (i:~q-q"l.1.-g.~\O Fax No. ;l'3I1-YQg-68Ig State Contractor's License # NiP, ('''\\;MC'<l''''''~ L$.~N~<l.NIMM\'evt \~~1$ ,,\;;l.1~\1 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Contractor's Number Initials \ ';JO'AJ.....~<<I11+1o..:loo{, ~F* J/:;)~Jo' ;)... d""'''~1l.:1 \3+1,;Io0{, OFi4 t[,>Yb' 3 d "t''''''~ \'i,.{A., :JOOE, 0 Fit 11~1.Jo{. 4 d ..N.....~ I"I~ ~ob6 D1'=1k I/~V b~ Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 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("') T""" C;; '0 :E ~ III 1ii o U o 0 'c <:) 0 ::> a:i cO tfl-WEf.l-wEf.l.WEfJ- "2 co ro m ell u.. LL u.. :::>WWWW...J--.J-l o '<t ~ "' "' (/J co co Ol W C"1 C"1 ...... CD ...... ...... ...... '" '" m > > > '" '" '" '" '" '" U5 U5 en c c c .Q 0 ,Q ro ~ ro 'E f ~ (ij W W L.U uiSi5i5 N I I :r: ~ ~:cEE Q) x .~ '",9:J '$ (IJ '" & ~ 0::: :aID ~-S-S"S E a::l rn u u u o 0 C 11\ Q) Q) 2~N-20"OO ~.s......~;EE Co '- rn f2 .E2QC"1X~X ~~~B~~~ "' o...E~~a:a:a: ~~; Q)888 ~_'_~ c...ooo nO '~rnl,{)l,{)U1 ..... E "0 :i:...... ...... 't CJ) g, (/J (/) (/) f3 ~Xell-g~~~ I-cO~:20:::0UU ~E~,~_.~~WWW a: .;:::::: (/) 'Vi 0.. D... 0... w .5 ~ (/J ceO 0 0 I- Vl n ..0 3= 3= :r: I I -I Q) :::J :::J 0 0 <(OU)(f)OOfD~N :;; N (") '<t l,{) CD t- o z E ~ Qi ro > ~ o ~ -g 0 'C 13 '" ~ o c c 0 "' U '" (/J ~ E 0 .~ ~ .E 2! ~ .ffi " 0. ~ E 'c ,g III ~ ~ ffi 15 JM c E ,~ ~ ~ Vi ~ 0. '" o E '" I- .2 (ij III '0 C z ii ~ ~ B -5i u '0 ~ ::J 1:5:oJ r: ~ ~ III 0 ~ ~ 0 0 :;; 1686 'C C '" '" c o ~ '" 'u ID 0. '" vi c ro 'is. ~ '" '> ~ ro ID (ij ffi B ~ ~ <.9 .~ ,~ 0 *-o31~"O E ~ ID ~ '- '5 3= ro c ,$ D'"oL: 8 rn ~ a. ~ 3= ~ ro u ~ Qi .~~,g'~~.~ >-"0 Q) 11) L.. ro C 11\ (/) <9 Q) :[ ro w -g ui (/) a.i -0 10' '00 ro c ~ ui ~ffi~j~~~ Qi.~ 0. ro- ffi g 8. ~ "* ijro g-~I1)-g~~JM -gJ=1c!l1)o:gu';::(/):J "'0 .13 11) ID :i: .~ -g t5 ID I1)Q)EL: o.row~~g ]1 g.'S 3= ~ 0. --- U ~ (/}IDo-~"'O~~CJ!!O) ui 11) 0. W ro 11) ~ 0 0 :J C ~~~~~~~~l~~ ~ 6-E 8 3="3-0 EO~ a. E"2.~.~~~ ~ 5.~g2 ~~'o.,}_{55~E~ 8 ~ ~~~ WZ702g-g:{l 0) W C ~ ~ ~ ~ '5 u m :rl c-5:g 0"0 E m-o-g g C ~~!~1'~~83~j ~~~~>~:g~~~.~ E-g ..0 .~ 0 (/J c Vl 'S; ro :::l ~ .g 11) .8 0...8 0 0 0 Vi 0. (ij (/) ~~~;.~~~:~~~~ ~~~ g -{ii .~ c c 15 C L: a..."" ell (f) Q) l.L >- :';:::(/Ja.:::J8 o(/} Q)..ca... mmu 'g.~'c8 C ~ ~ 02 gro E-D:J Q):g 8 a.:J '-~m2",~~~ Q)3G3g:so "0 c~'~3=Cl)""'28-g111ll!1I11 a3 'c ~ "0 T: (/) 'E ~ 'S u 13 (f) rn l.L l.L >- ~~~U_rn u(/)cu.5-1wU)-10 " N c1. ,; Cl N co... m co t- ro m 0 ~ 1686 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufac;turers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed' on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL 1. "IoQ.~i,'i"t''C1\l C'O"""f'DN~"'~ 2. P 'J\'WI\{> ":.-t",,...cto:>~ 3. A1\J~ 'T12~1:.S. S \-<t'" 6!> 4. M,",\~ 5. SoJ~f'IVJ MANUFACTURER ,"iRO, \.\."",+e..e, l. R t.J.. \>ol'ol t\..~c D A M'< 1-< Ie. l'.l;1:. (c N"l"lt~ E....cm...... Mu-tu~ wonb / f?~r(m~.J . FIOlt~~... !\)\A.V!.se...iti ruvte'loiw'1 ae>o"'RC~ \Jv.~"'- ~<>'1.s Dated d cuv'""""tJ :l.:~.....L )006 \1C\l'VIVW\'" L"'AlJS(tlf."'Cl -:JJVc. Bidder ~~~ BY: GC.P.3 1686 ,~ LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage, The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above, 1, CateQorv of Work s,~,~ WORk Subcontractor and Address 3. PtI\y-e,o'<.$. Adk;,,)5. Bclbc<+t S~RVI'(.".s IlV" 6030 L",1-G~..,m,'I';!:l I<~ MoIRo;.,. 1'\.. .1.~".c. Ii~..,...,,,,\,, :tj\~;a"t,i1>~r ::r"'<."-----_ ,;}'6n\ Q",,,,;\:' N-ey" L<\.N'<- l?.,..;.~y.s.R- . · J~IJ!>' r...y~v(. \'tl.O IA",Ii'Mi*eJ. +!VG I\),\ IS \SON'-\.-. e"..~(, ~o,.,J <;....;k;lI~1 [SON;'" S~3>' FL. 3~J3s lAN~t"'-(,"O"'"".!. \AhVt."t~ 1m",,!, ~<. ~I\ rO\'CocUYl{l. p.o. \l.v"7' ,"0 '511 F1-. 11,,""';. P- 3:190<- ~~y...",{f,-~ s~ :b. +'1 . lll{oS 7-", s.tJ1!z&"\ Fl-. M'jMI, FL. 33"11:2. 2, ~;()~...t"'N 4, PiQ~\.:t.'otV"'\ G.>>R~ 5, fY\^;N~""""- o~ -ya"ff.... Dated d~-)_:)s.vL ;1006 \-'\,,/J/J\JJ\p,. \.....N~SGq,.fil\J;) :Lvc. C)::J fh=JL- BY: GC.PA 1686' STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of simil,ar magnitLide completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location 1. \..\\J\"NaS\o-N {(."""~, ~01'~~ H~i~~ 2. c;."o.l\..t\e/f,/II<. ,,;J~ 1<0.....1. N",pln, 'FJoH.;J." 3. D.w;~ gov"Ie\J~ N"f"'~flllll;J\ 4. I ot1-\ $~te t N <vflo ~ A oa.; J" 5, riNt. R; l~ Ro"'~ N~~ fl~)\ 6, f}/ltfDR,t RO'l-J N~~ -f"/oa:J\ Dated ;;(.........., \l. 'la..\ .100 b BY: GC-P-5 Reference (l.,!/ie.e C".......rl7 ,n'j- nLJ. 'if'! ~lf M~ &06 t?e~"N o.!I,.e"r C"..."'t,- ;;J?"1- 17'1- 8'1'111 M\O. ~.6 Pe~eN co/loOK f'~",^,fv ;J.3'-77tt-~lJq!f - Ms P4m L IA Ird, 1.'..;11 offJ'lf14~ bl3'hi2l3- 5DO:l MIt T~P'f N:J~ItM"\ C"Jf;'M c.,...",~ ,n,- 77~. 8'1QI[ rVI'(' ~o (, P.,4e..eN mK. O-'d J A.vt,..,eJ c..JI,'t+1 f'o."..;-ry ),3'1.17'1. gl(q'( il1rl. ,3;. 6 ~ks"'N HGWI\J vi, \"" 1-.",,,,1 Sc"f;l\I1 :r",.... Bidder (J (J~:4!l:~ ~/ IUIlI olllI i I OUt II6II .... . I *-T........ I 20 II PR"""." - 101'111 : Mldftltld Hurric8n CUn I.... ' no u. .,', ;: N................. " 25 0010"" IonN: OWllCe N.vona It tht Cc*NI1 "1$u Ii:':;' ""'PO. - 20 O'.<l2/OO a.rbarlPbaMrt/ "'M> 15 01/25103 ......... ........ 40'120 I:.,' 15 'D12D1D4 St.J....Tho 40'.' 20 no Tho...... V_ ...m .' 20 no rara"lIlMtocW "tIn TBO ,...1 . T.....,1oIo .', 20 w__ ..nit uc TI. ......... ..,... , 20 00111..... Town & 1Uvw....... UN ...... ~ i: : ,~: uc TBO ,,"-', .laVA" I.... 20 0IIZl'1OI YInlo_la. ..un 20 ,......... Woo4lUe..... ..... I-t11' OMMD TOTALS I,:: NEW PROJECTS IUIlI .... olllI OUt II6II . TBO Ft Mvers Rek>cate 1m ..... ConlldtnlJal 1686 " IUIlI ,no .'UD, ~o .!21! .UI II6II ! 20 TOO IAaoatlnoa 5.1307 20 0010'105 A1bmar 5.130' 20 03lO7~5 Azurw ill Bonita SI" '.12aB 20 TOO Audubon L.ot'" Unit M2 5.121<1 20 .....,"" "ok SI" Martna 4.1257 20 1011.... Bay hloh PlflI'l " 0 4.1273 Classic PlantatIon TOO u. .......n- 1327 CoUll' County 106.3112 25 07101105 Goodlett. 'ranJe Road '.1301 Colli., County 1CM-3711R 25 D4I1""" North Water.Sew., Dlat 5.1286 20 ..,,""" Countrvald. CommON 5.1317 20 ..,,""" CVS PhlInnuv +-1214 23 TOO Or.W.IItvOffiol '.1302 20 TOO !. NIDI.. MIddle School 5-1316 UC 03107"" Ea~raV.rd. 1.12" FGCU Student Actlvitv 1329 20th TOO Ir.o;;t., 20th 11/512005 aate. R..ld,nae 5-1212 20 TOO Holl_ood Vldao 5.1320 20 0811_ lmo.rial ShODO" 5.1305 20 TOO Lemurla Couh Homaa ..12715 25 TaD Martin LutMr Klnn Blva. 5.1310 UC 0712710' Maxw.1I R.,la.no, ..1256 Confldentill '; ., 1686 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) 1. 2. 3. 4. 5. c; FOo+ Units of Measure (LF,SY) I..F-t. Unit (Quantity) Unit Cost Extended Cost 10,100 sf '* 5050 ~.. . so<\- TOTAL $ 5050.0b Failure to complete the above may result in the Bid being declared non-responsive. Dated ?......d .:l.'4~ ~D06 BY: ~"'NN""\" Lc;Jse."fitJJ -:rIVe.. Bidder (J~ &f;;-~A----- GC-P-6 HANNULA LANDSCAPING, INC. HANNULA IRRlGA TION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 239-992-2210 239-498-6818 FAX BID NUMBER 06-3933 GOLDEN GA TE BOULEVARD (CR 876) PHASE II LANDSCAPE INSTALLATION PROJECT ATTACHMENT ROCK EXCAVATION ROCK EXCAVATION FOR THE IRRIGATION SYSTEM, LANDSCAPE PLANTINGS, DIRECTIONAL BORE, P AVERS, AND OTHER RELATED WORK SHALL BE AT AN ADDITIONAL RATE OF $35.00 PER LINER FOOT FOR EXCAVATION AND $245.00 PER TON FOR LJi;~DING AND HAULING FROM THE SITE. ()~ ~_ --1 DALE F. HANNULA PRESIDENT 1-19-06 1686 ---"--~_._._'_.._._. -...."-~-_._---,-_........._-~-,-.^~.- 1686 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify, It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date, The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period, ' Respectfully Submitted: State of County of Floa;~c... Le<.. Do,\e.. r. I-\G\""~""\'" , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them, \.:>""\<:- "F'. r\ q N N wI.... , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC.P.7 1686 ,,~ (a) Corporation The Bidder is a corporation organized and F\ORi.\.... , which operates 1-1"",,,,-.\\,,- \."J\I~s'"~,,,,~ :+,0<... officers are as follows: President f.)",\... Ti<.ejM.t~ Hq#fJ'" 1 " Secretary t>t4'Lt. Ft~~~rvk H"~iJ'-\-l '\ Treasurer Doll... fiU~Mid, 14..1'1.....,""1" Manager DlM"'I c,v H-; <>1 1>1 tI The raf\;~f.fr Co. I, f. l'l....,.,.... \", is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken Pm... b.... ,&.joI, 1'I'1:J. , a certified copy of which is hereto attached (strike out this last sentence if not applicable). existing under under the laws of the State of the legal name of , and the full names of its (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A I The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is f\I 1ft and if operating under a trade name, said trade name is I DATED ;)<\.......0 ~'?a1 ~OO(; --1IG\"'tV""IA \.."''''~S<:''''i'frJ() 4NC.. legal entity BY: DOIk F. t\qtJ,""wll\ Name of Bidder ;Tfped) O~~~ Signature ?1<~l.i JON1- Title Witness GC-P-8 1686 STATE OF --=:f(oil&a lfe, COUNTY OF The foregoing instrqment was acknowledged before me this Z3~c!ay of JanvtLrl{ , 2006, b lli.-:. -r: +laYJnul (). , as f('e<;,okYlf- of ,a l1DYid.a corporation, on behalf e 9Ae is personally known to me or has produced as identification and did (did not) take an oath. ~ Gina D. Thomas !'~~ My commission 00308719 ...~ J' Expires April 22, 200B _ ""to,f'>: NAME: ~'7)rrA~ . ~. J Il1fk1t1 (Signa re of Notary) b'ina 1) .~rYlC{.s (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) """"'" Notary Public, State of ~ Commission No.: \)D?,O'l> 11 q "- '- GC-P-9 Q~lifi'er Certifica~~on Information :DP 307 - Qualifier Certification Information :01 ier County Board of County Commissioners Printed on 10/4/200 :D-Plus for Windows 1686 8:41:23AM CERT NBR: 12870 QUALI E'I ER NBR: 12870 DALE F. HANNULA CLASS CODE: 4235 LANDSCAPING RESTRICTED CONTR. COUNTY COMP CARD: 3432SC STATE NBR: STATE EXP LIAB EXP 1/13/2006 WC EXP 1/1/2006 ORIG ISSD 1/20/1993 RENEWAL EXPIRES 9/30/2006 08A: HANNULA LANDSCAPING, INC. WC EXEMPT: N OL EXEMPT: Y ADORESS: 28131 QUAILS NEST LANE EXEMPT EXP DATE: CITY: BONITA SPRINGS ?fiONE: 1<:39) 992-2210 FAX: FL (23~) 498-6818 34135-6932 -~."..._-,~,._,,-~-----,~ .. ...,. 1686 . . Ded 22 05 10:38a HANNULA LANDSCAPING 2394986818 p.3 1686 Bond Number: 06-0285 BID BOND KNOW All MEN BY THESE PRESENTS, that we Hannula Landscaping, Inc. (herein after called the Principal) and First Sealord Surety, Ine. , (herein called the Surety), a corporation chartered and existing under the laws of the State of _, Pennsylvania with its principal offices in the city of Cynwyd, PA and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Boanl of County Comnissioners (hereinafter called the Owner), in the full and just sum of Five Percent Of The Aimunt Bid In ide\,'ddddddeW, dollars ($ 5% of Bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents, Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Golden Gate Boulevard (CR 876) Phase" Landscape Installation Project Bid No. 06-3933 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ '5 % noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. C;C.P.10 Dee 22 05 10:38a HRNNULR LRNDSCRPING 2394986818 p.4 16B6" IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 19th day of January , 2006, BY Hannula landscaping, Inc. o~M--~ Principal ~ First Sealord ~' Inc. David B. ShiCk,'torn:-~n-e Countersigned (Seal) Surety (Seal) lJaV1d B. ,Sh1ck, Florida Resident Agent Local Resident Producing Agent for First Sealord Surety, Inc. GC-P-11 - .' - -- ,..-.c.-....-._ ,ccc ~'.'"., ""'_ :., __ c"" ". ..:_ ::__ '-.-. ... -.' -. ~, '.' ... -..- -". ',,',,',' ',,' .-.... - - --.. .... ..... ..... - ..... -.. -. ~ KNOW ALL Mi:,N BY TH~SE PR~~~NI~:~~$t Fi~$t'S~IqTd Surett;:}nc., a corporation of the Commonwealth of "Company"} has made, constituted ~nP-appoif.tte,d'_Rrid qy,these pre-~ts does make, constitute and appoint , David B. Shick, David R. Turcios andlor Steven Schumacher all of Tampa, Florida its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments ora _,similar:natu,r~ asfollows:_ _'- . _, _" '. '. _ . _ ,___ .... .'. __" _ '... .- .'_ ._. _ '_'. _-" _.~':,_ '. :-,':-- '__ _- > -::,-:- 0*~*\,(ilOi ~o._~<(ee~-J~pMilliQn Five Hun~re(:i-:~bousan~D9{J~_~f)-~~,~~~7,..~~n~~~__~~~;-__~_($~~500~OQo.OO}_--/t~:~:~-l-*"t(.: ...:_:'_:-.-- ~- S__llc~_._r~~:1J.r9-IJ~e~C1li~iesr_~urety qO_lld_~-':l!gd~~akingS and_~Qstrl,lmen~,fpr-said pUrp9~es,. w~~n._ :g\JJy.ex~c!1_~ed ~y th~afores<3icf:l,\ttQtriit:y-iq.,F_a~;,.~"- binding upon'the said Corporation-asfufly and to the same-extent as jf signed by Ihe duly authorized officers ofthe Corporation and sealed- Wittf-f corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. First Sealord Surety, Inc. Power .of Attorney Power No:l.l~r-BJ~i! ;4,~ ,. '...'.' '.'", , .. ":'::.,:'.".'..-....'.,-...'..".,::... ".:::':,'.":" :,::.,.-"::,: -""'"''''--''''' - -........ . ....... "'''. "". ". --. ',,',. ,,:''''.'''' ..::' '" "Artick~,,:XII:PoIiGies, Boncis, Recognitions, StIpulations, Consents of-Surety, Underwriting'Undertakings, and InstrlJments RelatIng T~is'apP9int~entiSnla?f3 p.lJr$uan_qQ-theJolJd~ngBY-Laws-WhiCh we~~ duly ad.Qpted by the Board ofDir~ctors of.th,e with,,:aIlAme'ndments thEheto,and 3restill-fn fuUforce and effect ' /~c~ 8YP-. Gary L. Bragg, Secretary Joel D. Cooperman, Vic;~Presid~nt ;oITlmQ~:.ve~l,ttj~".llf,pe"n~yl~~fIia ,,<,,:::\, ",':'",." "<:"",' "" "," \: ,9?~ntY!~~M~8~PverY>'!:' "i"i ' : ''', ,\'> ".! ":;",,: ''': ~:i6klMld~ht~t;~~f Jam;;~: 2004, before me per~o"ally appeared Joel D, coci~~rih~~,0i~.~i~Sid~~t~f First ~;~Iord Surety, Ine, personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice Sealord Surety, Inc.,.the corporation described in and which executed the foregoing instrUrTIEmt; that he knows the ,':::;',',';t:p~pq[at1p~,i,:"~h4t}h~;',,,s~~r,?ff\~~d,.:t~ ~~id:: i.~~t~vrq,~p~':,'~'~ s,~,~Q:"FOrR.oF.;l,~,~",,~~~I; tha~":",!,t,;:~~~ ,~8: a~~xe,~"',,8Y "',,',<a,", ,d", ~\h""a" t~,'~~, ',,' ne.o~. In. IS n'p.. m. at.h.., ~. r.e.. \0,:'....$.. V. !Y~. ,~fe..,.s.i1.e. ..'.~t.q.f.s~..'C/. ,.rco.fP.o.,a.. .t..I,q~ by Ii~$....g. ,.~.lh.O .. r.,.\y. .....', . ,:,..' . "",' :"(~eal)ff~~~...: ..~-~2L;t~~/ .....-..N:ta~;ub":.. ...... ~~1~r~ """',,:,:,:,,:,, ",'~~t~~~7~;; ":::,' :"'""':"':':,,:,',',,, . CERTIF.ICATE "",:,.'::".',,:', ""."":'., .' "".':"':"":'::"'. ",,,--;,,,,,:::,",' ",~:~~~:::::,,~,~'~,~nia A,%oc~.tion:OfN6tiries 'I" ,:;'tD~ u~,g~;:~1~~~~~ Secret'a,'Ij'of First Sealord Surety, Inc. do hereby certify th~'~Jhe o~tgin<3,l, PO\r~fo(~~6ri1ey of,',,~,~jch the foregoingrs a full, true ,':.... "'''correQ(SOPy,',.is,'1n full for'O~:'and effect on the date of this Certificate and.1 do fu'~:h,~r:,:c:ertify--'th?t(he Q:~,i'cer who e'~'~cuted the sardPowerofAttorr~y 'one of tne O-l'ficers authori'zed by the Board of Directors to appoint an Attorney~in'-Fact as provided iri Section 12~1 of the By-Laws o(First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By~Laws of First Sealord Surety, Inc.: Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases; ':'.' ";",:,.,?,q'~~E!F?e.~:,ts"<:ln~,,?t~~,r .wrj'!.i-~g~:l~,!,~ti~p',i,rJ",,~9y:,'Wav ~,herf(~Q",,?.r N,afly:qr~~8:1. or. los~.,,!theF~l!~9~f: s~~"!.!,,b~,:s,ign~(Li,~:,t,h.e',,~arq~ "~~,d!"qn"",,p~:h,;~,lf ~t"th,l?"",";"'""""":";:,',".i:;','",::;,I:,,",:,..;,',',1,';',1:;'1:,1",;:"",;:";,:,, .."G8r~0~~t!?n;a }~y;t~~ 9bal'1,l.l~~ of. t~eaQ1rq( tbe. RreSI9~ht9'? V,,~ples'de~l, a~d~y,:~e fi~pre!a!\( 9':~" ,&:~S1~!,~n't~e~ret;,!iX;. %b) .~~ a~li'ttojlj~~" Ji:~~~~i"~,::i::~:, . "':"io"fa.sl (bfthe"C;ef0oraben appoIQ!M~~C/', aqIhar,ze? by th~ Cq~i<)1lil~Of Ihe Boa!!,!, lh.~ Pr.e~I,!1ent; ora'Y'~e P[eSlct~ntto m".~eSQcH"~.igm~t41~; qr~l;'!.,,~y~~~:::::!:i,::') s'u'ch other officers or representatives as the 130ard may from time to time determine, The seal of the Corporation shall if appropriate be affixed theretQby any sl,lch officer, Attorney~in-Fact or representative, The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument. . ,<,_: ";"",:",,,'; ev!~;~,~~,!~g t,~:~,~,~;ifRPo,~p.~!:"e9~,:'::::,;,f'.ny s~~apPOiQtment and all authority ~r!3nted ; ~,~~,~,:~,y mCl,~'",~,~"rev~,~,~~',;:,~\ a~~",t~m~i';',8r' the Boarcj. of .oir~ct9(s Qr_~X:,~-'1t.:, '.'~ .., ...~.,., ~r0~~h0~i~~~*~i!8'!}0(~.,~uehapPOl"tme"t," ..... " .8': ... '.... ..,......./> .:::::, i..f't;i'''.'ii):i': .., 'i ,..;:,::~dl:~o. :,: . ".," ":~,..::,,I!i~::VYIl'NlilS~':WHEREOf;:"first Sealord Surety, Ine, has caused theSe prese"til'::\o,PeduIY:~~iQhi:id aM.g'lts eorpor~t~~ seal to be hereunte affi1'edM<fduly ""',,,,,,::, ait,,~!"'~"this"'~ilth day of'~~i\Ug~, 2004, . ."',''''''''.,,:'' ""~'''"::<'''.:~:,, "'~~" . ',:. '.. ,. ..',... .. " r::;........- S"~F'D eZ< ~~"'" i,,~~\~\ --g rJ :~99~j,,'~ (Seall\~~l~<~} Attest: "~/o;;;I,,,,;-,,,.O,,,,,,. ~'~","'l\"'" First Sealord Surety, Inc. -.__. ~ __~ . 'n' ___ , --c'''-'r.,:~-- "Section 12M2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of ttle Secretary or an Assistant Secretaryon any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surely bonds, underwriting undertakings, or other instruments described in sai~ Section 12-1, with like effect as if such seal and such signature had been manually aff,!,~ed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Co'rporation tothese' presents this 19t:l! day of _---J~__.,'~, 20Q.6., This power of attorney is void unless the Bond number' is inserte(! in this paragraph (insert Bond # here 06-0285 ~__J, the bond nUOlber is the same number as on the original bond, d the bond r,umber has been inserted by an officer or employee of the Company or by, the agent. (seal) /L~~ ~_ ,,__ Ga~ L Bt':Jgg, ~tary FiJ.st__Sl'alord_Slln~ty_POA.doc (Ed. 01/20/200-'+) 1686 "." / BUSINESS CONTACT INFORMATION l\"IN/J""\/A Lo.Nl.~t""fil\la "I.., c.. (Firm's Complete Legal Name) Main Business \."",ht"f"- Co",\R..,,+o~ Contact Name t::>...\<. t-L,t-)I-J""II\ Title ?It.~i d. ",i- ;~:&\-:'l Q",,,,ds. "le~t ).."'AI'i: (Address) I?,,,'\,;-to.. c;.yl~INr.~. FIM;J... "3'1/35 (City, State, ZIP) Phone No. a"1"l- 99:,)- ;}.;l,~o FAX No. ..3.'1- "1'1&- b~l& Email address:.!..,"'.....,.." ..,..",,.1, L..~J,""'d:NcI . ('0..., **************************************************************************************************** ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) Contact Name Title Office Servicing Collier County Account [Place OrderslRequest Supplies (REQUIRED ONLY if different from above) Contact Name Title GC-P-12 SOl-Me.. A5. Abo~ (Company Name used as Payee) (Address) (City, State, ZIP) Phone No, FAX No. Email address: S~H... As. Ab"o~ (Address) (City, State, ZIP) Phone No, FAX No. Email Address: 1686 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . Purchasing Deparbnent BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included, 6; Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: (::)Bld Number; (::)project Name; (::)Openlng Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified open/no date and time, (Otherwise Bid cannot be considered,) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET I-\"''''Nwk LO\NJsc""p1NJ :j:",c.. Bidder Name U~~~ PYU~;~~.;J Signature & Title DATE: C1~N'Ad :;J'SaJ. .2006 GC.P.13 1686 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Hannula Landscaping, Inc. ("Contractor") of 28131 Quails Nest Lane, Bonita Springs, FL 34135, a Pennsylvania incorporated company, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project, Bid No. 06-3933 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Outside Productions, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified, Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto, All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work, B, Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting, Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: six hundred twenty two thousand four hundred twenty four dollars and eighty six cents ($622,424,86), GC-CA-1 16 B 6 ~~ Section 4. Bonds. A Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas,Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S, shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated DamaQes. A Time of Performance, Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined, Contractor shall commence the Work within five (5) calendar days from the Commencement Date, No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and twenty (120) calendar days from the Commencement Date (herein "Contract Time"), The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed, As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives, B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC-CA-2 _.________._...n'._.._ ,,___ "_"_"''''''..__~_ -~--'-'-""-''''''--''-'"'''--' ._.- "..... "'-'""~-"-"'~---~----"-----~--"-"'''"-'-'''- 1686 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred and eighty eight ($1,288.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion, The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C, Computation of Time Periods, When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period, If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday, D, Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection, The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion, Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA-3 1686 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties, Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents, Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Exhibit P: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Outside Productions, Inc. and identified as follows: Golden Gate Boulevard (CR 876) Phase 1/ Landscape Instal/ation Project as shown on Plan Sheets L 1-L8, IR1-IR10 Contractor's list of Key Personnel Stored Materials Record Contract Time line Schedule Section 7. Notices A All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: GC-CA-4 . '"'-~"~'-'~._-'--''''''''''''''''~-~-*"'-'--"'----'' _.~-,,_._-- " 1686 Pamela Lulich/Bob Petersen Project Managers Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 (239) 774-8192 (239) 213-5899 Fax B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U,S. Mail, E- mail or Facsimile, addressed to the following: Dale Hannula, President Hannula Landscaping, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135 (239)992-2210 (239)498-6818 FAX C, Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section, Section 8. PUBLIC ENTITY CRIMES. 8,1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of 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 on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s, 287,017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list" Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. GC-CA-5 1686 ~1I Section 10. Successors and Assians. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work perfonned, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. ChanCle Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement GC-CA-6 1686 Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 1686 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below, CONTRACTOR: ~IT SSES: V- INS -ffiN\INr~ x-Nk1w' " Type/Print Name \ "\ ' i , , t, Ie:, S COND ITNESS LiJe' } : \.{(7~e / Type/Print ame By: D...t.. F ttI\NAI^'k~U Type/Print Name and Tit!e ( Date: ~~ .st::J~,,~6tdo ATTESTi"'r . OWNER: , . . DwightcE: BrQck, Cler;k ...' , BY~jj:~~~,or Approved As To Form and Legal~ Sfficienc ' /! Print Name: ~ Assistant County Arney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA ~~~./ Frank Halas, Chairman BY: Item # l (P &'p Agenda ;1 -l tI ,,1- Date 't-tp Date 3 -l3-dp Rec'd , GC-CA-8 1686 EXHIBIT A PUBLIC PAYMENT BOND Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project Bond No. 06-1098 Contract No, 06-3933 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping, Inc. , as Principal, and First Sealord, Surety, Inc. , as Surety, located at 33 Rock Hill Road. Bala Cvnwyd. PA 19004 (Business Address) are held and firmly bound to Collier County Board of Colmty Coomissioners as Obligee in the sum of Six Ihmdred Twenty Two Thousand Four Hundred Twenty Four and 86/100 ($ 622,424.86 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2006, with Obligee for Golden Gate Blvd eCR 876) Phase II Tands~"'P" Tns~~llation in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05( 1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2006, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 Signed, sealed and delivered in the presence of: (latQ V ~~ Witnes es as to Principal STATE OF COUNTY OF FL Lee. 1686 PRINCIPAL Hannula Landscaping, Inc. BY: NAME: ITS: (J~~ D...,~ F. ~~N""~ Pa~~i .it! The foregoing instrument w s acknowledged before me this I day of M ..,,-,.of 20 0'-, by ...ere. 1=". ..........ul.... ,as "P1.e...Qon-I...... of J-\A........vl-" -.O$C."p IN'-, 11'1<.- ,a F- corporation, on behalf of the corporation. He/she is personally known to me OR has produced ?€L$ON." [{~ as identification and did (did not) take an oath. KNa.J r..( My Commission Expires: f 0 I" I Q t..- NAME: \\\\11"1"""1/1 ,~,~\:(\'i;. M. CAI?:"~ ~..._\..v ..........crAf/\~ ~ ~'"'..~v..\SSION ~~..'J;t-~ ~'<:('...CJ(j ~e{17,<,~... ~ (AFFIX OFFICIAL SE1-1 [~cY~o..,,~'b<s,~*~ ~~o~ #D0126868 :~~ ~ ;:>'-.11. *",:g::':: ~-f.; -.% 8ol1d~d\'\\~ ~.. (j~ ~?')- -.7PublicUl\liro>;'.- ~5<V.~ ~ tOt;, ...........0' ~ 'II, 'Bile 51 ~1 <- \~' 1IIIII'fill,,,\lII\' ATTEST: Witnesses to Surety GC-CA-A-2 (Signature of Notary) ~ &1. ~BM.'1 (Legibly Printed) FL Notary Public, State of Commission No.: DI::> I '2..(. at. Es SURETY: First Sea10J:d Surety, Inc. (Printed Name) 33 Rock Hill Road Ba1a Cvnwvd, PA 19004 (Business Address (Authorized Signature) (Printed Name) 1686 . OR ~~Q;v W;IOesC;Z ;j? As Att rney in Fact and Florida Resid<mt Agent (Attach Power of Attorr1ey) David B. Shick (Printed Name) 7217 Benj amin Road Tanpa, FL 33634 (Business Address) (8132. 243-1110 (Telephone Number) STATE OF Florida COUNTYOF Hills~ The foregoing instrument was acknowledged before me this March , 2006, by David B. Shick 1st day of , as of First Sealorrl SlIrPty, Tn,.. He/She is personally known to me OR has produced as identification and who did (did not) Attorney-In-Fact Surety, on behalf of Surety. N/A take an oath. ~z~:~~ Name: David R. Turcios (Legibly Printed) Notary Public, State of: Florida Commission No,: My Commission Expires: ~~ Jtt\. Notary Pllblic State of Florida . .~. David R 'urcios ,,~~ My Commission 00496777 ., ,," Expires 02109/2010 (AFFIX OFFICIAL SEAL) GC-CA-A-3 1686 EXHIBIT A PUBLIC PERFORMANCE BOND Golden Gate Boulevard (CR 876) Phase II Landscape Installation Project Bond No. 06-1098 Contract No. 06-3933 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Hannula Landscaow. Inc. First Sealord Surety. me. Surety, located at 33 Rock Hill Il=nr R:oh ~. PA lQ(1()!, (Business Address) are held and firmly bound to Collier Cotmty Board of County Coomissioners , as Obligee in the sum of Six Hundred Twenty Two Thousand Four Hundred Twentv Four and 86/100 ($622,424.86 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. Obligee day of for WHEREAS, Principal has entered into a contract dated as of the , 2006, with Golden Gate Blvd ern 876) Phase II Landscape Installation in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC-CA-A-4 1686 This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond, In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless bf the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2006, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body, Signed, sealed an in the fl 0 . PRINCIPAL lIannu1a Landscaping, Inc. 04J1f ~.A- BY: NAME: ITS: t)""~ F rNwt.. PtUl:; .\ STATE OF COUNTY OF FL Le:e The foregoing instrument w~ pckno)YledQEjd before me this L day of M~'" 2006, by (.).\~ r. H.~N.oL"lh- , as _'Pu:s ,I> eU-r of ~.".'4V'''' l...",os<Ap,,,, l. , a r-t-.........'" corporation, on behalf the corporation. He/she is personally known to me OR has produced &"'0,,", L{.... My :~~::" E'p;~ ,. ;.~;~::tifi~tiO" '":~; ","II1I1I1'IIIII~ Name: -AN.N.e:'lL€ M. CAlLo!.,u..V >lo\\\S~ M. CARe.~/~ I ~~:.-;~iSsloii~.;;:-:'tA (Legibly Printed) ~ ~.'vC:i ~~(171<a~" ~ t:" (AFFIX OFFI~~.8EtAl-).. ~'3>\*~ Notary Public, State of: L ~~~ #00126866 IfJ~ Commission No.: bi:> 12.l.b'tJ ~o'.If? 4'..'~;:: ~~;.'%f! 6'ond!ld~~~....~~ ~?}-".:Pr.rbljCUll"-'.'~"f" '* ~ 'Ou............o'iS' 'II/ 'SUe ST~\" \\\~ 11"l/lIililll\\\'~ GC-CA-A-5 ATTEST: 1686 SURETY: First Sea10rd Surety, Inc. (Printed Name) 33 Rock Hill Road Balay Cynwyd, FA 19004 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) STATE OF Florida COU NTY OF Hillsborough OR . . As Att rney in Fact and Florida ~sident Agent (Attach Power of Attorney) Dav4.4 B. Shick (Printed Name) 7217 Benjamin Road Tampa, FL 33634 (Business Address) (813) 243-1110 (Telephone Number) was acknowledged before me this ~ day of David B. Shick ,as Attorney-In-Fact , a Surety, on personally known to me OR has produced as identification and who did (did not) take an oath. u/;;;; ~~ ~(S;;::h;;~) , -~~ The foregoing instrument Muxh , 2006, by of First Sea1ord,Xurety, Inc. behalf of Surety. He/She is N/A My Commission Expires: # ~ Notary Po Ihlir C:t:>lp "'! Florida !V~ ~ D<'Il!loR T"f("-' ~~, ~ ~\ :l,1i1'm'.IS.. ,;0496777 ....,.on:\.d" ':Xl.H"lSiI" >,:JIO (AFFIX OFFICIAL SEAL) Name: David R. Turcios (Legibly Printed) Notary Public, State of: Commission No.: Florida GC-CA-A-6 _.._,,--,.~-~-----,_._-~"~-^,~. "~'~-'~-'_.~.~'_."",'._._,_._.--~,-~.__......, KNOW ALL II'IEN BY THESE P "Company") has made, constitut , First Sealord Surety, Inc. Power,of Attorney - 16B6 " Power No: MIA-0467-05-00223 - - .--. ---. ---- - ~~(fSur~tYj:Jnc., a corporation of the Commonwealth of Pen~anla-J- - d~these preti~ts does make, constitute and appoint "% " - D Ie. avid=R. Turcios- .lnd/or Steven Schumacher all of Tampa, Florida - ~ its true and lawful Attorney-in-Fact, to make, execute and deliver cn its behalf insurance policies, surety bonds, undertakings and other instruments of a -__~sllJ1il'ir, folle ~_,_ ._ _ _.--.- .~.~ r~~~~~~;r:il~~s=;: ~~~~~g~r~:.fS~~~~l?~%e_~~~ ~:~~~~~F8Qt~h1lti'~; ~:); " b1l1cf'mg oi1'iliott as fulry and fo Ihe same extent as if signed by fhe duly authorized offlcers of orall6n and s-ealed Wlto its - - corporate seal; and all the acts of said Attorney-In-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. , ",is, ~ppoinl!)lent Is made pursuant jp,lb9 following By-Laws.which were duly adopfed by the Board of Directors of the said CoiporallQn QR APrtll :.'2003 ,::,:~!W'al!~~~~:~~nlsiher:toandaresmtinfultfOrceanaeffect:, ,i, ',~ ~ "~/ ~,' c';: ",I" "1'iJ;t11::\~ !tli:" Policies, Bonds, Recognitions, Stlpulalions, Consenls of Surety, Underwrifing Undertakings. and Instruments Relallng Tnereto, First Sealord Sure!y, loc. r,".'."" Joel D. Cooperman, Vi e President ,"'I:,","":;," ,0,,',',',',',",""" ,"1"":"""""",:"1",,.,, I,,, 'I'", "',:::,::;,'::,","" ii:':.,:..'..'..,...."',.."I:',<:,:,:i}::"" ' y of Ja , 2004, before me perso"naJly appeared Joel D. c~~~e'r~'~n:'''''Vi'c~',':I~'f~si-~~~t of First,',' lord SuretY. Inc., Wlth-wt1orin am \' personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sea10rd Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said , sll<!i,al1iN'<ll!> sai<:j, ,in~\!"Qil~qt is ~"QIa "'lrpo[~te ~eal: thai it W~S,SQ ~fflx~d by g~d01 gf l~<l "1;11 I!:I' G01~q[~ti\:ln,;, n'atne the't~tQI, ji:s ~l~ ~~~'Sld~nt ~f $ai~' Cef~~ra~~on by Itke ijutti~rity)' ',' I, ' "," "1,,,','1'1,' ""II,';' ",:.',:1,',""1' ,I,'i::,',':',',','!"'i;,"'" """"""""""II",I'I"0]'~' "",ll' ,,',,1 'I'"", "".';'.11',1" ',,:,"."';.'.'" 'I, ""'1, II~ 'I" ""', ",,, ""I,ll,"'" , '__ Anthony T, 51 NoIary PlJbiIC ' , Notary PubliC Lower MenooTwp., Montgome!yCOUnty ,"'" M ' ElqJiresAug<<;tS,2006 ',"" ,,',",,'" ""':'1".' """, , ::':"""',\,';,",'"',,,.',,, CERTIFICATE ,:.'<:',':':;:,'::':,', "",,"".".", ::':'.' ::,' ":,",,"1111, .':":";;:,';,;,1:,';';; ,,:,~, nia-ASSQclatiollor'N6tillieso Secr~l;!,,'of First Sealord Surety, Inc, do hereby certify th~\'jhe oQ,glil~' p,,~~r O,f:~tti'Jihey, ch fhe foregoing is a full, true and full fOF~~,;,and effect on the dafe of Ihis Certificate and I do l6i1h,,0"~~rtlli>,(I1~,t:theQ.~cer who . ,,,.cufed the said Power Of AlIorney was o authon~ed by the Board of Directors to appoint an Attorney-in-Fact as provided ifi Section 1.2-1 of the By-Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord Surety.lqc,: Section- 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting, undertakings of the Corporation, and releases, e,~~, ,?lid.',.p~~~r, ~r~~if1~~, r~,I,~t!n9,"b:, "atlY;',~y t~~r~,~",q.r ,~q any ~laim or loss"thereY.l1d~r, s~,~'!' b~, ,~ig,~,~cl."i~.", rt!;e,,'fr\-"~ "o~,: ~eQ~,I~',';?f th~~'lil""I',:"';"I' 1'1:;,',","".''';': ", ""'I''''''",','',I'II''i,''',, ij~ril.:,al~Y,t.~e S~ai~~q:'~I"l~e,.El?,~r~l.m,,"Rre~i~ent9r '! Vi~,~resident, ~~d,,~,\,,~ S~G,~t~1)i I1I'an' .l:~~"!'tet~rj;!;"q~i!"~l,,.a~ aiJ',f'ttdl'1l~~,:...,':.~::,':'i~~:i ", ,r II1~", C9'~~tatlq" a:!,~ol~!ett:,!~d ~OlJiOrjz~q bY \~e CI>airm'!n of the Board, Ih~ Pr""i.qenl, .q1''lYi.ce . ,1!O"I:Ii,,!kil ~.~Ch';~lg~1ll!l1~':'9r!:"'G;),,,!{i'.i~i::,i:.,:;,'!i!I' '_ ",,' _ ~r otflcers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any ~l)ch officer, Attorney-in~Fact or representative. The authority of such Attorney-in~Fact and Agents shall be as prescribed in the instrument oi tme,nt;'",,,Any s~ctl appointment and all authority granfed th~(e"y h)'!~lb~.revq~~q",~t aqy tim~..,"y Ihe .Boaed of Di(eqtprs ""by, ,!ny ERE ",'" 'irsl Sealord Surety, Inc, has caused lhese presen~::l?,b~dul~:~!g~~(j ~~{ilS corp~!~$ seal to behereu.rtto '!ffixed~l:f duly ,th day ot"lJanuary, 2004. ,,, "'" :,III"""" ~ ~ .IJ ~D &(;-.- ~\\ ai"':ld ,_o~o.j Attest: _';'o~l "7 4c'~ ./' Gary L. Bragg, Secretary By: s~~; "siGtiQIl~-12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on -~ --,- any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointlng and authoriZing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other rn~f~!l1ents ?,escribed in sai,9 Section 12~1, with like effect as if such seal and such signature had be;en manually affiJlied and made." I,~':',"~i~;'~'is ~h,e're~f,' I have ~ereunto set my hand and affixed the corporate se~1 of the Corporation to' these p~e's~'~'~ "" ' , this,'~ day of ,20_, This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here ), the bond number is the same number as on the original bond, d the bond number has been insert~d by an officer or employee of the Company or by the agent. (seal) ~~ L. 8ragg~g""ec.retary First_ Sealord _Surety _ POA.doc (Ed. 01/20/2004) ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (I\IMIDDIYYYY) 01/04/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - Yshore Insurance. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ~ . JO Goodlette Road N, #1 00 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Naples, FL 34103 .3303 239 261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cincinnati Insurance Company Hannula Landscaping, Inc. INSURER 8, FCCllnsurance Company 28131 Quails Nesl Lane INSURER G: Bonita Springs, FL 34135 INSURER D: INSURER E: From: FAXmaker Client#: 33( To: Brenda Brilhart Page: 2/6 Date: 2/28/200611:17:08 AM I ANLA1 1686 COVERAGES THE POLiCiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERJoD 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 DEScRJBED HEREIN IS SUBJECT To ALL THE TERMS, EXcLUSIONS AND CONDITIONS of SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAlMS, LTR NSR TYPE OF INSURANCE POLlCYNUI\IBER POUCYEFFE8~ Pgti;lti.~~t~N LIMITS A ~NERAL LIABILITY CPP0911688 01/13/06 01/13/07 EACH OCCURR~CE; $1 000 000 X COMMERCIAL. GENERAL LIABILITY DAMAGE TO RENTED $100 000 I CLAIMS MADE [XJ OCCUR MED EX? (Anyon" person) $5 000 PERSONAl & M:N INJURY .1 000 000 GENERAl AGGREGATE .2 000 000 GEN'L AGGREGATE L1MfT APPLIES PER: PRODUCTS ~ CO~P{OP AGO .2 000 000 ~POLlGYh-~rs= -n-LOC A ~TOMOBILE LIABILITY CPP0911688 01/13/06 01/13/07 COMB.INED SINGLE LIMIT ~ ANY AUTO (Ea llocddenl) $500,000 C- All OWNED AUTOS BODILY INJURY {PBrperson} $ SCHEDULED AUTOS - c- ~ HIRED AUTOS BODILY INJURY (P~r accident) . .!.. NON-o\NNED AUTOS - PROPERlY DAMAGE . (P",raccidcnt) ==rSE L1ABIUTY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG . B :iJCESSlUMBRELLA UABILlTV CPP0911688 01/13/06 01/13/07 EACH OCcURRENCE .3 000 000 x OCCUR D ClAIMS MADE AGGREGATE .3 000 000 . ~ ~EOUCTI8LE . X RETENTIoN sO . A WORKERS CONPENSA.TlON AND 001WC05A40029 01/01/06 01/01/07 X we STATU- IOJ);'" EMPLOYERS'L1ABIUTY $500 000 ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT CX'"FICERt.4EMBER EXClUDED1 E.L. DISEASE. EAEMPLOYEE $500,000 IryllS, describe under E.L. DISEASE - POLICY LIMIT $500 000 SPECIAl PROVISIONS bdow OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Landscaping & Gardening Certificate Holder is Named as Additional Insured on a primary basis as respects 10: General LIability Only as needed by contract, per form GA 472 1001.30 Day CancellatiDn Notice, Umbrella is in excess of all policies (See Attached Descriptions) r-TIFICATE HOLDER Colli or County Purchasing Department Attn: Brenda Brilhart 3301 Easl Tamlaml Trail Naples, FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANcELLED BEFORE THE EXPIRATION DATE rnEREOF, THE IS:;;UING INSURER WILL ENDEAVOR TO MAIL ---30.... DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUT FAILURE TO DO so :;;HALL IMPOSE NO OBLIGATION OR LlABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR _>. A .........~~ ..I:' '.............'nl:l\ ~ .II!." ..........n~...~.. ,..",...noll-rr _..CAlL a Ai:nRQ Co!:lPORATloN i9SB From: FAXmaker I To: Brenda Brilhart Page: 3/6 Date: 2/2812006 11 :17:08 AM ( I. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policYOes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this fonn does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does iI alflnnatlVely or negatrvely amend. extend or alter the coverage attorded by the policIes listed thereon. 1686 - _. .. .-- -- - .-......- From: FAXmaker To: Brenda Brilhart Page: 4/6 I Date: 21;28/2006 11 :17:09 AM ( ............................ .n ............ . ................. ........................ " ,," .i...i.i.m.i.m.m.'.'i.:i:..i.i...m.....DESCi!lIPTIONS..tC~hthlUedifforrti.Page:1) .......... ;...,.:.,.:.,.::,:x::,:;:,::=...........................................................................:,:.:,:;:,:::,:::,:::;:::,:::;::::"::;:::;:::;:::!:::,:::,.....................................;:::,:::;:::;:::;:;:,:::;::.!:::,:::;:::;:::;:::,::.:...;:::,:::;::..... ~ 'wn on this certificate. Contract #06-3933 . "Golden Gate Boulevard (CR876) Phase II Landscape Install Project" 3 of 3 ,_" #S281738fM27817L..,__..,"'_,~_.. ....................... ....................... ................................... ......................- ....................... ....................... .................................. .. ................... .............. 1686 From: FAXmaker To: Brenda Brilhart Page: 5/6 1686 Date: 2/28/200611:17:09 AM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION II . WHO IS AN INSURED, 2. is amended to include: e. Any person or organization, hereinafter referred to as ADDITIONALlNSURED: (1) Who or which is not specifically named as an additional insured un- der any other provision of, or en- dorsement added to, this Coverage Part; and (2) For whom you oro roquired to add as an additional Insured on this Cover- age Part under: (1) A written contract or agreement; or (2) An oral agreement or contract where a certificate of insurance shDwing that person Dr organization as an additional insured has been issued; but only with respect to liability arising out of "your work" performed for that addi- tionallnsured by you or on your behalf. A person or organization's status as an In- sured under this endorsemenl continues for only the period of time required by the written contract or agreement, but in no event beyond the expiration date of this CDverage Part If there is no written con- tract or agreement, Dr if no period of time is required by the written contract or agreemenl, a person or organization's status as an insured under this endorse- ment ends when YDur operations for that insured are completed. 2. SECTION IV . COMMERCIAL GENERAL ldABILlTY CONDITIONS is amended to in- lude: 1. Automatic Additional Insured Provision The written or oral contract or agreement must be currently in effect or become ef- fective during the term of this Coverage Part. The contract or agreemenl also must be executed prior to the "bodily' in- jury", "property damage" or "personal and advertising injury" to which this endorse- menl pertains. 2. Conformance to Specific Written Con- tracl or Agreement If a written contract or agreement be- tween you and the additional insured specifies that coverage for the additional Insured: a. Ba provided by !tie Insurance Serv- ices Office additional insured form number CG 20 10 or CG 20 37 (where edition specified): or b. Include coverage for completed op- erations; or c. Include coverage for "your work"; and where the limits or coverage pro- vided to the additional insured is more re- strictive than was specifically required in that written contract or agreement, the terms of Paragraphs 3" 4.a.(2) and I or 4.b., or any combination thereof. of this endorsement shall be interpreted as pro- viding the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Par! to which this endorsement Is attached. If, how- ever, the written contract or agreement specifies the tnsurance Services Office additional Insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 3. and 4.a.(2) of this en- dorsement shall not apply and Paragraph 4.b. of this endorsemenl shall apply. 3. SECTION III - LIMITS OF INSURANCE is amended to inciude: The limits applicable to the additional insured are those specified In Ihe written contract or agreement or in the Declarations of this Cov- erage Part, whichever are less. If no limits are specified in the written contract or agreement. or if there is no written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The Iimi1s of insurance are in- clusive of and not in addition to the limits of insurance shown in the Declarations. GA 472 10 01 Includes copyrighted material of Insurance Services Office, Ino" with its permission. Page 1 of2 From: FAXmaker To: Brenda Brilhart 4. The following are added to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: The insurance provided to the additional in. sured does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the; (1) Rendering of, or failure to render, any prDfessional architectural, engi. neerlng or surveyIng services I in- cluding; (::1) Tho proparing, approvIng or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b) Supervisory, inspection, archi- tectural or engineering activities; (2) Sole negligence or willful misconduct of, or for defects in design furnished by, the additlDnallnsured or Its "em- ployees". b. "BQdily injury" or "property damage" aris- ing out of "your work" included in the "products-completed operatlons hazard", Page: 6/6 1686 Date: 2128/200611:17:09 AM c. "Bodily Injury" or "property damage" aris- ing out of "your work" for which a consoli- dated (wrap-up) insurance program has been provided by the prime contractor I project manager or owner of the con. struction project in which you are In- volved, 5. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance is amended to inciude: a. Where required by a written contract or agreement, this insurance is primary and I or noncontributory as respects any other insurance policy issued to tha additional insured. and such other inRlJmnr.e policy shall be excess and / or noncontributing, whichever applies, with this insurance. b. Any Insurance provided by this endorse- ment shall be primary to other insurance available to the additional insured except: (1) As otherwise provided in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5, Olher Insurance, b. Excess Insurance; or (2) For any other valid and collectible in- surance available to the additional insured as an additlonal insured by attachment of an endorsement to another insurance policy that Is writ. ten on an excess basis. In such casa, the CQverage provided under this endorsement shall also be ,ex- cess. GA4721001 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 2 of2 1686. EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following mlnrmum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor 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 Contractor'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) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. I-I The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice, In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy, (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. ' (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (ill Should at any time the Contractor not maintain the insurance coverage's required herein, the ner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 1686 coverage's and charge the Contractor for such coverage's purchased, If Contractor fails to reimburse ,- 'ner for such costs within thirty (30) days after demand, Owner has the right to offset these costs ,. Jm any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florid? as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. 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 Contractor. 11,3. All insurance coverages of Contractor 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 Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. 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, 11.6. All insurance policies to be provided by Contractor 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, WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY R~quired by this Agreement? X Yes _ No GC-CA-B-2 1686 (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the -'ntractor during the term of this Agreement for all employees engaged in the work under this .;jreement in accordance with the laws of the State of Florida, The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b, Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 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, (check one) o Applicable [gJ Not Applicable . I Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) o Applicable [gJ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage, Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 General Aggregate $ 500,000 GC-CA-B-3 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage ~ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage 1686 $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." @ The Owner shall be named as an Additional Insured and the policy shall be endorsed that such lerage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement (check one) o Applicable [gJNot Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement (check one) o Applicable [gJ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles, Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, GC-CA-B-4 1686 whichever is earlier. This insurance shall include interests of the Owner, the Contractor, - 'bcontractors, Sub-subcontractors and Material Suppliers in the Work, (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents, The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents, (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance, The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Qwner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors j Sub-subcontractors in the Work. (6) Waivers of Subrogation, The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? lL Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 ..lL- Bodily Injury & Property Damage - $1,000,000 GC-CA-B-5 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY 1686 (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 1686 JNTY OF COLLIER S fATE OF FLORIDA) EXHIBIT C RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of Ihe Agreement between Contractor and Owner dated , 2006 for the period from to , excluding all retainage withheld and any pending claims Dr disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges fiied or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit (4) This Reiease and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No, CONTRACTOR BY: ITS: President Witnesses DATE: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006, by ,as ~ ,a corporation, on behalf of the corporation, Helshe is personally known to me or has produced as identification and did (did nol) lake an oath, My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No,: GC-CA-C-1 1686. EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No, Project No, Application Date FROM: (Contractor's Representative) Payment Application No, (ConlractDr's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ = Less Retainage $ Less previous payment (s) $ % AMOUNT DUE THIS % APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION ~TRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments lcceived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were Issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has nol included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work, By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to Ihe CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 1686 , ,- ...w ~.'! z... - . w w ...~ (J~ - ,," E . w" 0= "0 0 (J ,Ul ~ ~CW ;:; . . c ...II-III... b 0 o(wD::o( 1::::::: I-...JOO 0 . 0..... 0 E 1-::111)0 . 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'i' Cl <i: () o (!) 1686 EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No,: Change Order Description FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ,.."......,............,......,...................,..."..$ Sum of previous Change Orders Amount ....,..,......,......,....,........,..,$ This Change Order Amount ....,................,....,...................,........,...$ Revised Agreement Amount .........'.......'........,..,..,....,....,........,..,.... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance, The adjustments, 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, Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator (For use by Owner: Fund Number: ) Cost Center: Object Code: Project GC-CA-E-1 1686 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, PROJECT: Design Professional's Project No, CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to wh ich this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be compleled or corrected by CONTRACTOR within days of the above date of Substantial Completion, GC-CA-F-1 1686 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on ,2006 Design Professional By: Type Name and Title CONTRACTOR accepls this Certificate of Substantial Completion on ,2006 CONTRACTOR By: Type Name and Tille OWNER accepls this Certificate of Substantial Completion on ,2006 OWNER By: Type Name and Title GC-CA-F-2 1686 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No,: Contractor: Project No,: Date: ,2006 The following items have been secured by the for Ihe Project known as and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Complelion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days, Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days, YES NO 1, All Punch list items completed on 2, Warranties and Guarantees assigned to Owner (attach to this form), 3, Effective date of General one year warranty from Contractor is: 4, 2 copies of Operation and Maintenance manuals for equipment and system submitted (iist manuals in attachment to this form), 5, As-Built drawings obtained and dated: 6, Owner personnel trained on system and equipment operation. 7, Certificate of Occupancy No,: issued on (attach 10 this form), 8, Certificate of Substantial Completion issued on 9, Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11, Operating Department personnel notified Project is in operating phase, 12, All Spare Parts or Special Tools provided to Owner: 13, Finished Floor Elevation Certificate provided to Owner: 14, Other: If any of the above is not applicable, indicate by N/A If NO is checked for any of the above, attach explanation, Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) GC-CA-G-1 By Design Professional: By Owner: GC-CA-G-2 1686 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 1686" EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein, 1,2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work, 1,3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings, Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 1686 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation, 2,2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents), 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions, Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons, Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice, If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties, GC-CA-H-2 1686 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3,2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3,3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Sunday, No work shall be performed outside the specified hours without the prior approval of the Project Manager. Lane closures are only permitted between the hours of 9:00 a.m. and 3:30 p.m, 4. PROGRESS PAYMENTS. 4,1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date, Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds, GC-CA-H-3 1686 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218,735 F.S" the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218,735, F.S, and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively, In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved, 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless othelWise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC-CA-H-4 1686 4,7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4,8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time, No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule, 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable, 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents, The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC-CA-H-5 1686 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20,1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection, 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples, Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7,2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required, Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named, Requests for review of GC-CA-H-6 1686 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7,3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty, All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute, The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents, The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing, The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute, The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 16 B 6 -. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8,1.2 8,1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8,1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1,7 Any unusual or special occurrences at the Project site; 8.1,8 Materials received at the Project site; 8.1,9 A list of all visitors to the Project 8.1,10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services, All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e,g, interior or exterior wall GC-CA-H-8 1686 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9,1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2, herein, 9,2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension, 9,3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 1686 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (Ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall prornptly perforrn changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustrnent determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or GC-CA-H-10 1686 sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC-CA-H-11 1686 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty.to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC-CA-H-12 1686 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC-CA-H-13 1686 bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC-CA-H-14 1686 of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC-CA-H-15 1686 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC-CA-H-16 1686 they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct GC-CA-H-17 1686 the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. GC-CA-H-18 1686 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC-CA-H-19 1686 as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager GC-CA-H-20 1686 shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably GC-CA-H-21 1686 encumber the Project site with construction equipment or other material or equipment Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: GC-CA-H-22 1686 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such GC-CA-H-23 1686 meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by GC-CA-H-24 1686 appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. GC-CA-H-25 1686 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: GC-CA-H-26 1686 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds GC-CA-H-27 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 1686 Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC-CA-H-28 1686 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC-CA-I-1 1686 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 1686 TECHNICAL SPECIFICATIONS 1686 SECTION I . TRAFFIC CONTROL PLAN I F.D.O.T. INDEXES PART 1 GENERAL Contractor shall maintain within the work areas maintenance of traffic (MOT) measures as per the Collier County requirements as listed in Exhibit H-2, General Terms and Conditions, and per F.D.O.T. Index 600 series and associated Indexes of the F.D.O.T. "Roadway and Traffic Design Standards", current edition. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, Index 600 Series, latest edition. U.S.D.T. Manual on Uniform Traffic Control Device, latest edition. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. E. Collier County MOT policy and/or requirements current edition. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the (MOT) maintenance of traffic during construction and while performing extended maintenance services.. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest Collier County MOT Policy, M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F .D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1686 SECTION II - DIRECTIONAL BORING (FDOT REV. 5-24-02)(FA 7. 24-02) (1-03) 1 DESCRIPTION 1.1 SCOPE OF WORK: The work specified in this Section documents the approved construction methods, procedures and material for Directional Boring, also commonly called Horizontal Directional Drilling (HOD). 1.2 GENERAL: HOD is a trenchless method for installing a product that serves as a conduit for liquids, gasses, or as a duct for pipe, cable, or wire line products. It is a multi-stage process consisting of site preparation and restoration, equipment setup, and drilling a pilot bore along a predetermined path and then pulling the product back through the drilled space. When necessary, enlargement of the pilot bore hole may be necessary to accommodate a product larger than the pilot bore hole size. This process is referred to as back reaming and is done at the same time the product is being pulled back through the pilot borehole. 1.3 Accomplish alignment of the bore by proper orientation of the drill bit head as it is being pushed into the ground by a hydraulic jack. Determine orientation and tracking of the drill bit by an above ground radio detection device which picks up a radio signal generated from a transmitter located within the drill bit head. Then electronically translate the radio signal into depth and alignment. In order to minimize friction and prevent collapse of the borehole, introduce a soil-stabilizing agent (drilling fluid) into the annular bore space from the trailing end of the drill bit. The rotation of the bit in the soil wetted by the drilling fluid creates a slurry. The slurry acts to stabilize the surrounding soil and prevent collapse of the borehole as well as provides lubrication. 1.4 Select or design drilling fluids for the site-specific soil and ground water conditions. Confine free flowing (escaping) slurry or drilling fluids at the ground surface during pull back or drilling. Accomplish this by creating sump areas or vacuum operations to prevent damage or hazardous conditions in surrounding areas. Remove all residual slurry from the surface and restore the site to preconstruction conditions. 2 MATERIALS 1686 2.1 GENERAL: Materials are defined as pipe or conduit that becomes the installed product. Incidental materials that mayor may not be used to install the product depending on field requirements are not paid for separately and will be included in the cost of the installed product. 2.2 MATERIAL TYPE: The following material standards are to be interpreted as the minimum in place standards. Use materials that are appropriate for the stresses generated by the selected equipment and field conditions. It is not intended to portray that the use of materials with these minimum material standards will retain their required properties if the stress limits are exceeded for which they were designed during installation. Ensure that the appropriate material is used to retain compliance. Material Standards for HDD Installation Material Type Non-Pressure Pressure Polyethylene (PE) ASTM D 2447 ASTM 2513 ASTM D 2447 High Density ASTM D 2447 ASTM D 2447 Polyethylene (HDPE) ASTM D 3350 ASTM D 3350 ASTM F714 ASTM F714 ASTM 2513 Polyvinyl-Chloride ASTM F 789 N/A (PVC) Steel ASTM A139 Grade AWWA C200 8(1) API 28(2) \1) No hydrostatic test required (2) Dimensional tolerances only 3 CONSTRUCTION SITE REQUIREMENTS 3.1 LEGAL PROVISIONS: Comply with the following site condition provisions: a. Chapter 556, FS for Sunshine State One Call. Use methods for marking utilities that minimize the impact on other construction or maintenance activities, including mowing operations, which may be conducted throughout the project on a cyclic basis. Limit marking to painting unless approved by the Engineer. When and where flagging of existing utilities is required, limit flagging to an area for which construction can be accomplished in no more than 14 consecutive days, unless approved by the Engineer. 1686 b. The Americans with Disabilities Act. When and where product lines are temporarily allowed to be exposed through the sidewalk areas for periods exceeding two consecutive work days, ensure that an alternate route is provided that meets ADA requirements. 3.2 SITE CONDITIONS: a. Carry out excavation for entry, exit, recovery pits, slurry sump pits, or any other excavation as specified in Section 120. Sump pits are required to contain drilling fluids if vacuum devices are not operated throughout the drilling operation, unless approved by the Engineer. b. Within 48 hours of completing installation of the boring product, clean the work site of all excess slurry or spoils. Take responsibility for the removal and final disposition of excess slurry or spoils. Ensure that the work site is restored to pre-construction conditions or as identified on the plans. c. Provide MOT in accordance with the Florida Department of Transportation Design Standards and the MUTeD when and where the former is silent. d. Exposure of product shall be limited to 3 feet (1 m) and 14 consecutive days unless approved by the Engineer. 3.3 DAMAGE RESTORATION: Take responsibility for restoration for any damage caused by heaving, settlement, separation of pavement, escaping drilling fluid (frac-out), or the directional drilling operations, at no cost to the Department. 3.3.1 REMEDIATION PLANS: When required by the Engineer, provide detailed plans which show how damage to any roadway facility will be remedied. These details will become part of the As-Built Plans package. Remediation Plans must follow the same guidelines for development and presentation of the As-Built Plans. When remediation plans are required, they must be approved by the Engineer before any work proceeds. 4 QUALITY CONTROL 4.1 GENERAL: Take control of the operation at all times. Have a representative who is thoroughly knowledgeable of the equipment, boring and Departmental procedures, present at the job site during the entire installation and available to address immediate concerns and emergency operations. 1686 Notify the Engineer 48 hours in advance of starting work. Do not begin installation until the Engineer is present at the jobsite and agrees that proper preparations have been made. 4.1.1 PRODUCT TESTING: Where there is any indication that the installed product has sustained damage and may leak, stop all work, notify the Engineer and investigate damage. The Engineer may require a pressure test and reserves the right to be present during the test. Perform pressure test within 24 hours unless otherwise approved by the Engineer. Furnish a copy of the test results to the Engineer for review and approval. The Engineer is allowed up to 72 hours to approve or determine if the product installation is not in compliance with the specifications. The Engineer may require non- compliant installations to be filled with excavatable flowable fill. 4.1.2 TESTING METHODS: Testing may consist of one of the following methods and must always meet or exceed the Department's testing requirements: a. Follow the product manufacturer's pressure testing recommendations. b. Ensure that product carrier pipes installed without a casing meet the pressure requirements set by the owner. If the owner does not require pressure testing, the Engineer may require at least one test. c. A water tight pipe and joint configuration where the product is installed beneath any pavement (including sidewalk) and front shoulders is required. The Engineer will determine when and where water tight joint requirements will be applied to the ultimate roadway section for future widening. When a product is located elsewhere, the pipe and joint configuration must meet or exceed soil tight joint requirements. Conduct tests for joint integrity for one hour. The test for soil tight joint allows up to 0.1 gallon (0.4 liter) of water leakage at a sustained pressure of 2 PSI (13.79kPa). The watertight joint criteria allow no leakage at all for a sustained pressure of 5 PSI (34.47kPa). 4.1.3 FAILED BORE PATH: If conditions warrant removal of any materials installed in a failed bore path, as determined by the Engineer, it will be at no cost to the Department. Promptly fill all voids by injecting all taken out of service products that have any annular space with excavatable flowable fill. 1686 4.2 PRODUCT LOCATING AND TRACKING: The method of locating and tracking the drill head during the pilot bore will be shown in the plans. The Department recognizes walkover, wire line, and wire line with surface grid verification, or any other system as approved by the Engineer, as the accepted methods of tracking directional bores. Use a locating and tracking system capable of ensuring that the proposed installation is installed as intended. IF an area of radio signal interference is expected to exceed 5 feet (1.5 m), the Engineer may specify the use of a suitable tracking system. The locating and tracking system must provide information on: a. Clock and pitch information b. Depth c. Transmitter temperature d. Battery status e. Position (x, y) f. Azimuth, where direct overhead readings (walkover) are not possible (i.e. subaqueous or limited access transportation facility) g. Ensure proper calibration of all equipment before commencing directional drilling operation. h. Take and record alignment readings or plot points such that elevations on top of and offset dimensions from the center of the product to a permanent fixed feature are provided. Such permanent fixed features must have prior approval of the Engineer. Provide elevations and dimensions at al bore alignment corrections (vertical and horizontal) with a minimum distance between points of 100 feet (30m). Provide a sufficient number of elevations and offset distances to accurately plot the vertical and horizontal alignment of the installed product. A minimum of three elevation and plot points are required. Install all facilities such that their locations can be readily determined by electronic designation after installation. For non-conductive installations, attach a minimum of two separate and continuous conductive tracking (tone wire) materials, either externally, internally or integral with the product. Use either a continuous green-sheathed solid conductor copper wire line (minimum #12 AWG for external placement or minimum #14 AWG for internal placement in conduit/casing) or a coated conductive tape. Conductors must be located on opposite sides when installed externally. Connect any break in the conductor line before construction with an electrical clamp, or solder, and coat the connection with a rubber or plastic insulator to maintain the integrity of 1686 the connection from corrosion. Clamp connections must be made of brass or copper and of the butt end type with wires secured by compression. Soldered connections must be made by tight spiral winding of each wire around the other with a finished length minimum of 3 inches (76 mm) overlap. Tracking conductors must extend 2 feet (610 mm) beyond the bore termini. Test conductors for continuity. Each conductor that passes must be identified as such by removing the last 6 inches (152 mm) of the sheath. No deductions are allowed for failed tracking conductors. Failed conductor ends must be wound into a small coil and left attached for future use. 4.3 PRODUCT BORE HOLE DIAMETER: Minimize potential damage from soil displacement/settlement by limiting the ratio of the bore hole to the product size. The size of the back reamer bit or pilot bit, if no back reaming is required, will be limited relative to the product diameter to be installed as follows: Maximum Pilot or Back-Reamer Bit Diameter When Rotated 360 dearees Nominal Inside Pipe Diameter Bit Diameter Inches [mm] Inches [mm] 2 [50] 4 [100 3 [75] 6 [150 4 [100] 8 [200] 6 f150] 10 [250] 8 [200 12 f300J 10 [250 14 [350] 12 [300] and greater Maximum Product OD plus 6 [150] 4.4 DRILLING FLUIDS: Use a mixture of bentonite clay or the other approved stabilizing agent mixed with potable water with a minimum ph of 6.0 to create the drilling fluid for lubrication and soil stabilization. Vary the fluid viscosity to best fit the soil conditions encountered. Do not use any other chemicals or polymer surfactants in the drilling fluid without written consent from the Engineer. Certify to the Engineer in writing that any chemicals to be added are environmentally safe and not harmful or corrosive to the facility. Identify the source of water for mixing the drilling fluid. Approvals and permits are required for obtaining water from such sources as streams, rivers, ponds or fire hydrants. Any water source used other than a potable water may require a pH test. 1686 4.5 EQUIPMENT REQUIREMENTS: Ensure that appropriate equipment is provided to facilitate the installation as follows: HDO Eauipment System Pipe (1) Bore Length Torque Ft- Trust/Pullback Description Diameter Feet [m] Lbs [nm] Lbs [kN] Inches fmml Maxi-HOD 18 [450] and >1,000 [305] >10,000 >70,000 areater [13,558] [311.3751 Midi-HOD Up to 16 Up to 1,000 1,900 to 20,001 to [400] [305] 9,999 [2,576 69,999 [88.969 to 13,557] to 311.374] Mini-HOD Upto 6 [150] Up to 600 Up to 1,899 Up to 20,000 r1801 Up to 2,575 Up to 88.9641 (1) For the above, multiple pipe or conduit installation must not exceed the total outside pipe diameters stated above. Match equipment to the size of pipe being installed. Obtain the Engineer's approval for installations differing from the above chart. Ensure that the drill road can meet the bend radius required for the proposed installation. 4.6 THRUST/PULLBACK REQUIREMENTS: Unless approved by the Engineer, limit use of HDD equipment to installing the following product sizes and lengths based on the following product size, force and length relationships. HDD Bore EauTDment Thrust/Pullback Caoacitv Lbs 5,000 to 7,001 to 12,001 16,001 25,001 >40,000 7,000 12,000 to to to 16,000 25,000 40,000 kN 22.241 31.139 53.380 71.173 111.207 >177.929 to to to to to 31.138 53.379 71.172 111.206 177.929 Product Size (1) Maximum Pullback Distance In Feet [m] Inches rmml 4 [100] 400 or < [122] or < 6 [150] 600 or < [183] or < 8 [200] 800 or < [244] or < 1686 10 [250] 1,000 or < [305] or < 12 [300] 2,000 or < [610] or < > 12 Engineer's [300] Discretion II) for the above, where a single pull of multiple conduits is to be attempted, the applicable product size must be determined by the diameter of a circle that will circumscribe the individual conduits as a I group. 5 DRILLING OPERATIONS: 5.1 INSTALLATION PROCESS: Ensure adequate removal of soil cuttings and stability of the bore hole by monitoring the drilling fluids such as the pumping rate, pressures, viscosity and density during the pilot bore, back reaming and pipe installation. Relief holes can be used as necessary to relieve excess pressure down hole. Obtain the Engineer's approval of the location and all conditions necessary to construct relief holes to ensure the proper disposition of drilling fluids is maintained and unnecessary inconvenience is minimized to other facility users. To minimize heaving during pull back, the pull back rate is determined in order to maximize the removal of soil cuttings without building excess down hole pressure. Contain excess drilling fluids at entry and exit points until they are recycled or removed form the site of vacuumed during drilling operations. Ensure that entry and exit pits are of sufficient size to contain the expected return of drilling fluids and soil cuttings. Ensure that all drilling fluids are disposed of or recycled in a manner acceptable to the appropriate local, state, or federal regulatory agencies. When drilling in suspected contaminated ground, test the drilling fluid for contamination and appropriately dispose of it. Remove any excess material upon completion of the bore. IF in the drilling process it becomes evident that the soil is contaminated, contact the Engineer immediately. Do not continue drilling without the Engineer's approval. 1686 The timing of all boring processes is critical. I nstall a product into a bore hole within the same day that the pre-bore is completed to ensure necessary support exists. 5.2 BORING FAILURE: If an obstruction is encountered during boring which prevents completion of the installation in accordance with the design location and specifications, the pipe may be taken out of service and left in place at the discretion of the Engineer. Immediately fill the product left in place with excavatable flowable fill. Submit a new installation procedure and revised plans to the Engineer for approval before resuming work at another location. If, during construction, damage is observed to the FDOT/County facility, cease of all work until resolution to minimize further damage and a plan of action for restoration is obtained and approved by the Engineer. 6 DOCUMENTATION REQUIREMENTS: 6.1 BORING PATH REPORT: Furnish a bore Path Report to the Engineer within seven days of the completion of each bore path. Include the following in the report: a. Location of project and financial project number including the Permit Number when assigned. b. Name of person collecting data, including title, position and company name. c. Investigation site location (Contact plans station number or references to a permanent structure within the project right- of-way) d. Identification of the detection method used. e. Elevations and offset dimensions as required in Section 4.3. 6.2 AS.BUIL T PLANS: Provide the Engineer a complete set of As- Built Plans showing all bores (successful and failed) within 30 calendar days of completing the work. Ensure that the plans are dimensionally correct copies of the Contract plans and include roadway plans and profile, cross-section, boring location and subsurface conditions as directed by the Engineer. The plans must show appropriate elevations and be referenced to a Department Bench Mark when associated with a Department project, otherwise use USGS grid system and datum, or a specific location on top of an existing Department headwall. Plans must be in the same scale in black ink on white paper, of the same size and weight as the contract plans. Submittal of electronic plans date in lieu of hard copy 1686 plans is preferred any may be approved by the Engineer if compatible with the Department software. Specific plans content requirements include but may not be limited to the following: a. The Contract plan view shows the centerline location of each facility installed, or installed and placed out of service, to and accuracy of 1 inch (25 mm) at the ends and other points physically observed in accordance with the bore path report. b. As directed by the Engineer, provide either a profile plan for each bore path, or a cross-section of the roadway at a station specified by the Engineer, or a roadway centerline profile. Show the ground or pavement surface and crown elevation of each facility installed, or installed and placed out of service, to an accuracy within 1 inch 925 mm) at the ends and other exposed locations. On profile plans for bore paths crossing the roadway show stationing of the crossing on the Contract plans. On the profile plans for the bore paths paralleling the roadway, show the Contract plans stationing. If the profile plan for the bore path is not made on a copy of one of the Contract profile or cross-section sheets, use a 10 to 1 vertical exaggeration. c. If, during boring, an obstruction is encountered which prevents completion of the installation in accordance with the design location and specification, and the product is left in place and taken out of service, show the failed bore path along with the final bore path on the plans. Note the failed bore path as "Failed Bore Path - Taken Out of Service". Also show the name of the Utility owner, location and length of the drill head and any drill stems not removed from the bore path. d. Show the top elevation, diameter and material type of all utilities encountered and physically observed during the subsoil investigation. For all other obstructions encountered during a subsoil investigation or the installation, show the type of material, horizontal and vertical location, top and lowest elevation observed, and note if the obstruction continues below the lowest point observed. e. Include bore notes on each plan stating the final bore path diameter, product diameter, drilling fluid composition, composition of any other materials used to fill the annular void between the bore path and the product, or facility placed out of service. Note if the product is a casing as well as the size and type of carrier pipe placed within the casing as part of the Contract work. 1686 7 METHOD OF MEASUREMENT: The method of measurement will be based on the length of product measured in place along the surface of the ground, complete and accepted. No additions or deductions will be made for sweeps in either the vertical or horizontal direction to complete the installation. 8 BASIS OF PAYMENT: Payment will be full compensation for all work specified in this Section, including all installations, from plan point of beginning to plan point of ending (i.e. pull box) at plan depth, product, tracking conductor, removal of excavated materials and spoils, removal and disposal of drilling fluids, backfilling, and complete restoration of the site. Bundled product in a single bore will be paid for as a single bore based on the required drill bit head or reamer head size. Separate payment shall not be made for individual products in a bundle. The installation and attachment of tracking conductors (wire or tape) will be included in the cost of the bore and will not be paid for separately. No payment will be made for failed bore paths, injection of flowable fill, products taken out of service or incomplete installations. No payment will be made for directional boring until a Bore Path Report has been delivered to the Engineer. After the Engineer's acceptance of the Bore Path Report, payment will be made in the amount of 70% of the unit price bid, for Directional Boring. The remaining 30% of the unit price bid will be made after submittal of As-Built Plans, in accordance with Section 6.2. Payment will be made under: Item NO.1 Directional Bore - per foot of bore diameter Item No. Directional Bore - per meter of bore diameter OVERSIZE DIRECTIONAL BORING REVIEW PROCEDURE The following rule applies in accordance with provisions contained in the Utility Accommodation Manual. 1686 All bores larger than 6 inches total (for example 2-4 inch, 7 inch, 3-3 inch) must be approved by the STATE UTILITY ENGINEER, unless the District Maintenance or Construction Office can establish compliance based on the following conditions: 1. The Utility bore depth will equal or exceed 10 times the bore size when the utility will be installed under FDOT pavement, OR 2. When installations are outside of the pavement area, the offset parallel to the pavement must be at least 3.5 times the bore size, OR 3. The soils blow count is at least 30 blows per foot based on standard penetration tests in the area of installation. 4. New bore installations must maintain at least 3.5 times the bore size clearance from vitrified clay pipe sanitary and any gas lines. 5. Permit must demonstrate the location (vertically and horizontally) and type of all utilities within at least 3.5 times the bore size in the immediate vicinity of the proposed work by the Permittee. If the Permittee can comply with the above, there is no need for the State Utility Engineer to review the Permit. If compliance cannot be achieved, before a review can be conducted, information regarding the soils in the area of the installation must be acquired. This must include blow counts at least through a depth of 10 times the bore or 2 feet into a strata providing a blow count of 30 or more. If a blow count of 30 is reached at a depth of 4 feet then the soils data need only proceed to a depth of 6 feet. As an option to acquiring Geotech Services, the Permittee may use FDOT soils data from old FDOT plans when available. It is the Permittee's responsibility to acquire this information, and not the FDOT to do the research. When the permits engineer gets the required data, he or she should call to explain the situation. Do not send any permits to the State Utility Engineer to sign off on. 1686 SECTION III - UNDERGROUND ELECTRIC SERVICE FEED PART 1 GENERAL Contractor shall install electric underground service feed assembly to meet the requirements of all local and national electric codes, as well as to the requirements of Florida Power & Light Co. installation requirements. Installation shall meet the above mentioned requirements and at a minimum be in accordance to the F.D.O.T. standard Detail B, Underground Feed, service Point Details, Index 17504 as shown below. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, January 2000, Index 17505 C. Project Reference. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an underground electric feed assembly. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right-of-way Permit shall be provided by the Owner. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. 1686 "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 QUALITY ASSURANCE A. Installer Qualifications: A firm specializing in electrical work, with not less than five (5) years of experience in installing systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 1.04 GENERAL SERVICE SPECIFICATIONS A. The enclosure shall be NEMA 3R, pole mounted, rain-tight. B. The enclosure door shall be lockable by padlock and four keys provided at the maintaining agency. The door shall have a minimum of three hinges and be latchable. No screws to be used to attach door. C. 480 V minimum rating bolt-in type breakers shall be used. D. Busbar to be copper coated and have a minimum rating of 100 amps. When main breaker exceeds 100 amps busbar to match breaker amperage. E. Locate contactor, transformer, and H.O.A. switch inside of enclosure, The enclosure to be sized to accommodate as many breakers as called for and all other service equipment. F. The enclosure to be rigidly attached to prefabricated concrete pole face. G. A 600 V lighting protector shall be wired inside the enclosure. H. A main breaker is required in all service panels with 2 or more feeder breakers. 1686 I. All service equipment shall be U.L. approved. 1686 SECTION IV . GRADING PART 1_ GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.OW. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items". B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I B. Section V C. Section V D. Section VII E. Section VIII Traffic Control Plan I F.D.O.T. Indexes Planting Soil Preparation Irrigation Plant Material and Installation Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his 1686 own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 EXISTING GRADES A. The existing grades if shown on the drawings are approximate only, and the contractor is responsible for grading to meet proposed and/or existing grades as required. B. The existing grade for all median work shall be based upon the top of existing curbing. C. Grading and drainage modifications shall be accomplished as per the plans and notes. The contours and/or grades established under contract will be the finished grades shown. The contractor under this contract shall perform the Work for construction using the existing finished grades previously established and modified in designated areas making whatever corrections and/or repairs to grades to make them consistent with the requirements of the drawings and specifications. D. Established finished grades shall be approved by the Owner's Representative/Landscape Architect for all project landscape areas prior to initiating landscape planting. 1.06 UTILITIES A. In accordance to State of Florida law before starting site operations, call for utility locations from the appropriate agency and verify that the earlier Contractors have disconnected all temporary utilities which might interfere with the grading work. B. Locate all existing active utility lines traversing the site, and determine the requirements for their protection. Preserve in operating condition all active utilities adjacent to, or transversing the site that are designated to remain, or are installed by this project. C. Observe rules and regulations governing respective utilities in working under requirements of this section. Adequately protect utilities from damage, remove or relocate as indicated, specified or required. Remove, plug or cap inactive or abandoned utilities encountered in excavation. Record location of active utilities. 1686 D. Utilities shall include those areas of jurisdiction of the South Florida Water Management and South West Florida Water Management Districts. Location of these areas within the Projects Limits, and the coordination of work within these areas, is the responsibility of the contractor under this contract. 1.07 QUALITY ASSURANCE A. Requirements of all applicable building codes and other public agencies having jurisdiction upon the work. B. Primary emphasis should be given to the aesthetic appearance and functioning of the road right of way and median landscape grading, as directed by the Landscape Architect, or Owner's Representative. The Contractor shall employ skilled personnel and any necessary equipment to insure that finish grading is smooth, aesthetically pleasing, drains well with positive overland drainage, and is ideal for receiving sod and plant materials. The contractor will coordinate the aesthetic fine grading of the landscape areas with the roadway projects grades and profiles. PART 2 MATERIALS 2.01 EXISTING SOIL A. The Contractor shall, after rotor tilling and grading generally the top four to 6 inches (4-6") of existing soil per the plans and details, insure that all remaining existing soil has sufficient percolation and drainage to support plant material, and that extreme compaction does not exist. Remove all existing road rock from these areas B. In all areas to receive paving the existing soils shall be removed to a sufficient depth to allow for installation of pavers and base materials. C. In all areas or locations to receive shrubs, groundcovers, trees or palms, after existing soil have been removed and the proposed topsoil installed planting soil mixes as outlined in Section V "Planting Soil Preparation", and per the drawings and details shall be installed. PART 3 EXECUTON 3.01 JOB CONDITIONS A. Dust Control ~-'----,,--.,-- 1686 Use all means necessary to prevent dust from construction operations from being a nuisance to adjacent property owners, and from damaging finish surfaces on adjacent buildings, paving, etc. Methods used for dust control are subject to approval by the Landscape Architect or Owner's Representative. B. Stockpilina Soil Materials Within median limit of sight areas stockpiled soil materials shall not be permitted and in no place shall the stockpiled materials be higher than three feet. C. Protection Use all means necessary to protect curbs, gutters, retaining walls, sprinklers, utilities and vegetation designated to remain, and, in the event of damage; immediately make all repairs, replacements and dressings to damaged plants necessary to the approval of the Landscape Architect. Contractor shall incur all costs for the replacement of damaged objects and vegetation. Damage of existing Trees and Palms by the contractor will require replacement in kind within seven (7) days of the damage. 3.02 SCHEDULING A. Schedule all work in a careful manner with all necessary consideration for heavy traffic periods, adjoining property owners, land parcels, and the public in general. B. Coordinate schedule with the Program Manager and other Contractors to avoid conflicts with their work. 3.03 EXCAVATION A. Rotor till and excavate existing median soil and turf grass vegetation to obtain desired grade profiles per the attached details and notes. . 1. Spray existing vegetation with contact herbicide for 100% kill. Two or more applications may be required for kill. 2. Install irrigation mainline and stub-up 12" below grade to allow for unobstructed rotor tilling (Mark locations at curb with paint) 3. Cut, rough grade median soil 24" from back of curb to 4" below top of curb adjacent to bed areas and to 3" below top of curb adjacent to turf areas. 1686 Cut soil shall be rolled inward toward the center of the median to create a mounded cross profile. 4. Rotor till soil within medians to a 6" depth to within 18" off the back of curbing (Include 6 passes). 5. Once the rotor tilling is complete the medians shall be fine graded to create a uniform center mounded cross profile of the soil within the median. Fine grading shall include removal of rocks, stones, and roots greater than 1" in diameter for the top 4" of soil. 6. Project to be weed free during construction and at final completion. (Include 2 contact herbicide applications to be applied as needed) 7. Excavate all median areas to receive paving to a sufficient depth to allow for the paving installation materials. B. Materials to be excavated are unclassified. C. Remove entirely any existing obstructions after approval by the Landscape Architect, and Owner. D. Remove from site and dispose of debris and excavated material not required by the job the same day it is excavated. E. Remove all rocks or stones greater than one inch in diameter within the top four inches of soil in turf areas and to an 8 inch depth in planting beds. 3.04 FINISHED GRADING A. The Contractor shall establish finished grades as shown on the grading plans, and as directed by the Landscape Architect and/or Owner; including areas where the existing grade has been disturbed by other work. B. Finished grading shall be smooth, aesthetically pleasing, well drained, and ready to receive sod and other plant material to the full satisfaction of Landscape Architect and Owner. C. The Contractor shall use and employ the services of a registered land surveyor in the State of Florida, to both establish project grades for fine grading operations, and also to provide certified as-built grading plans if required. D. Finished grade tolerances for the aesthetic grading of the landscape areas of the project shall be Yo inch vertically and 12 inches horizontally from the 1686 grades shown on the plans, unless otherwise required by the related documents or roadway grading and profiles. 3.05 COMPACTION A. Compact each layer of fill in designated areas with approved equipment to achieve a maximum density at optimum moisture, AASHTO T 180 -latest edition. 1. Under buildings, roadways, curbs, walks and other paved areas: Compaction shall be to a minimum of 95% of maximum density. 2. Under landscaped area: Compaction shall not exceed 90% of maximum density, and not to be less than 85% of maximum density. B. No backfill shall be placed against any masonry or other exposed building surface until permission has been given by the Owner, and in no case until the masonry has been in place seven days. C. Compaction in limited areas shall be obtained by the use of mechanical tampers or approved hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than four (4") inches thick. The hand tampers used shall be suitable for this purpose and shall have a face area of not more than 100 square inches. Special precautions shall be taken to prevent any wedging action against masonry, or other exposed building surfaces. Density testing to be per County and F.D.O.T. standards. 3.06 CORRECTION OF GRADE A. Bring to required grade level areas where settlement, erosion or other grade changes outside those shown in the drawings occur. Adjust grades as required to carry drainage away from buildings, and to prevent ponding around the buildings pavements, and planting areas. B. Remove all rocks, 1" in diameter or greater ,or objectionable material to depth as specified prior to commencing landscaping. C. Contractor shall be responsible for stabilizing grades by approved methods prior to landscaping, and shall be responsible for correction of grades as mentioned above, and cleanup of any wash outs or erosion. END OF SECTION IV SECTION V - PLANTING SOIL PREPARATION 1686 PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance. C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated in the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items". B. Including, but not limited to: 1. Topsoil placement 2. Soil Conditioners 3. Prepared Planting Soil Mixes 4. Prepared top dressing soil mixes. C. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I B. Section IV C. Section VI D. Section VII E. Section VIII Traffic Control Plan I F.D.O.T. Indexes Grading Irrigation Plant Material and Installation Sodding 1686 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 QUALITY ASSURANCE A. Testing Agency: Independent testing laboratory as approved by F.D.O.T. and Collier County. B. Requirements, Reference Standards and Regulatory Agencies: Conform to requirements of all City, County and State agencies having jurisdiction. 1.06 SUBMITTALS A. Test Reports Test reports shall consist of pH range, major and minor element analysis, soluble salt concentrations, sand fraction analysis and testing laboratory recommendations as to suitability of soil for planting and drainage. Reports shall be identified by project name, date, and soil mix type. The following reports are required: 1. Results of topsoil analysis. 2. Results of planting soil mix analysis: One test required per each type of soil mix with and without specified fertilizer (note: pH ranges for plant type) 3. Results of Sand Analysis: One sand fraction analysis required. 4. Results of imported topsoil analysis. 5. Percolation test for medians. 6. Subsoil evaluation or core analysis. The Owner's representative or Landscape Architect may require additional test reporting based on field and project conditions at their discretion. B. Certificates 1. Manufacturer's certification and/or testing laboratory certification that content of soil conditioners meet specification requirements. 1686 2. Manufacturer's certificate of fertilizer's chemical composition including, but not limited to, percentage and derivation of nitrogen, phosphorus, potassium, and micro-nutrients. 3. Submit all certification to the Landscape Architect a minimum of one week prior to installation of any materials. C. Soil Samples 1. Submit a one-pound sample of each soil mix specified. Soil samples with required test reports must be submitted by the Contractor to the Landscape Architect a minimum of one week prior to installation beginning. Each sample must be clearly labeled as to contents. 2. Submit one-pound sample of each soil conditioner required to mix each prepared planting soil mix. 3. Schedule soil sample with Landscape Architect to verify location, time, conditions, etc. of samples. 1.07 JOB CONDITIONS A. Contractor shall become familiar with the site and the required work to complete this section in accordance with the drawings and what is specified herein. B. Contractor shall be responsible for bringing all areas to finished grade as shown on drawings. Any changes, modifications, or disturbances to the fine grading shall be corrected by the responsible contractor. C. Protection: Protect and avoid any damage whatsoever to existing walks, pavement, curbs, utilities, plant material, and any other work. D. Contractor shall be responsible for stabilizing all slopes and planting soil by approved methods. PART 2 - PRODUCTS 2.01 TOPSOIL A. Topsoil source for planting shall be provided by the Contractor from off site sources. B. Topsoil shall be suitable for ornamental plant growth and free from hard clods, stiff clay, hardpan, gravel, Subsoil, brush, large roots, refuse, or other deleterious material, and of reasonable uniform quality. Existing topsoil prior grading shall be treated with post-emergent herbicide and 1686 after placement treated with post and pre-emergent herbicides to remove weeds. C. Mechanical Analysis: Topsoil and soil mixture(s) shall meet these specifications and the following mechanical analysis: Percentage Passing By Sieve Size Dry Weight Sieve Size Percentaae 1 inch 99-100 y. inch 97- 99 No. 200 less than 7% Materials larger than one inch shall be disposed of off the site. Existing leaf litter and plant material shall be removed from topsoil and soil mix. D. Maximum Soluble Salts: 300 ppm. E. Contractor shall assure existing soils are free of any visible weeds. F. In the event topsoil on site does not meet the above requirements, topsoil meeting the requirements may be imported from off-site sources after approval by Landscape Architect and Owner's Representative. Minimum Off-Site Topsoil Reauirements: Topsoil shall be friable, fertile soil with representative characteristics of local soils. It shall be free of heavy clay, marl, stone, extraneous lime, plant roots, refuse, sticks, brush, litter, and any harmful materials. There shall be no exotic or noxious weeds or weed seeds (i.e. nut grass, Bermuda grass, sedges and the like). In no case shall there be more than five percent (5%) by volume of stones, coarse sand, gravel or clay lumps larger than one inch (1") in diameter. The soil shall test in the pH range of 5.5 to 7.5 and shall contain no substance, which will impede plant growth. Adjustment of the pH shall only be allowed for increasing the pH level by adding dolomitic limestone. The topsoil shall be sampled and laboratory tested for certification and approval prior to installation. Topsoil shall conform to the following composition ranges: Components Volume Measure Particle Size Organic matter .5 % to 4 % Silt 3 % to 40 % Sand 60 % to 85 % .05 - .002mm .20 - .050mm 1686 Clay 3 % to 10 % .002 mm &below 2.02 SOIL CONDITIONERS A. Dolomitic Limestone: Approved product, designated for agriculture use. B. Ammonium Sulfate: Manufacturer's standard commercial grade. C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous plant growth, and specifically pulverized for agricultural use. Florida peat shall be free of deleterious materials that would be harmful to plant growth, shall be free of nematodes, shall be of uniform quality, and shall have a pH value between 5.5 and 6.5 (as determined in accordance with ASTM E70). Florida peat shall be sterilized to make free of all viable nut grass and other undesirable weeds prior to delivery to the project site, and shall be delivered with certification of sterilization. D. Pesticides: As recommended by applicable Agricultural Public Agencies. E. Herbicides: As recommended by applicable Agricultural Public Agencies. F. Soil Fumiaants: As recommended by applicable Agricultural Public Agencies. G. Fertilizer: 1. Commercial grade fertilizer to comply with State of Florida Fertilizer laws. Chemical designation shall be as specified with at least 50% of the nitrogen derived from a non- water soluble organic source, and all potash to be derived from triple super sulfate forms for all plantings (i.e. submit suppliers analysis affirming the above). The following minor elements shall be included: Zn, Cu, Mg, Fe, Mn, 8 a. Contractor shall adjust specified analysis of fertilizer with required minor elements as required depending upon test results of existing soils, planting soil(s) and testing laboratories recommendations at no additional cost to Owner. b. Federal Specifications 0-F-241 Type 1, Grade A or 8. c. The chemical designation for granular fertilizer for all plantings shall be 8-10-10 unless otherwise recommended by testing laboratory. 1686 d. Contractor shall submit adjusted fertilizer analysis for plant type as may be required (i.e. soil, shrubs/groundcovers, trees, and palms). 2. Note Section III, Trees, Plants and Groundcovers for additional fertilizer requirements. H. Water: Free of substances harmful to growth of plants. Water shall also be free of staining agents as well as elements causing odors. Potable water will be used on the project. However, reclaimed water will be used, as available, for irrigation purposes. I. Soil Sterilizers: As recommended by State and Local Agriculture agencies. Pre-emergent herbicide "Surflan" or equal and Post-emergent herbicide "Roundup" or approved equal, handled and applied per manufacturers label and instructions, as well as per all regulatory agencies requirements and regulations. J. Sand: Clean, white, coarse-grained (0.5 mm or greater) builders sand, free of substances harmful to growth of plants. Beach sand and Mason's sand shall not be used. K. Gravel: Clean (washed), and free from substances harmful to growth of plants. Gravel shall consist of y," minimum diameter to 1" maximum diameter stones with 50% of the stones no greater than 1" diameter. L. Supply complete information on all analysis/test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect or Owner's Representative prior to placement of soil conditioners. Landscape Contractor shall make all modifications and improvements to soil and soil mixes deemed necessary by Landscape Architect and Owner's Representative to meet requirements herein, and to ensure proper growing medium for all plant material without additional cost to Owner, prior to planting. 2.03 PLANTING SOIL MIXES A. Planting soil mixtures(s) shall be suitable for plant growth and free from hard clods, stiff clay, hardpan, gravel, brush, large roots, nematodes, weeds, refuse, or other deleterious material, and of reasonably uniform quality. B. Planting soil mixtures shall be placed per the plans, details and notes in all planting beds and as backfill around the root balls of all trees as follows: 1. General Palm Soil Mix: 1686 of backfill. 100% Topsoil Roots Inc., "M-roots" formula 25 Ibs. per palm on top 2. Roval Palm Soil Mix: 50% Approved topsoil/Florida Peat mixture 50% Clean course builders sand 1 cubic yard of mix per palm Ph range 5.5.- 6.5 Roots Inc., "M-roots" formula 25 Ibs. per palm on top of backfill. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. C. Trees/Shrubs and Groundcovers: Planting soil mixture shall be placed to a 4" depth over all plant areas then tilled into the topsoil and existing sub-grade to a depth of eight (8) inches. Planting soil mixture shall also be used to mix 50/50 with existing soil and used as backfill around the root balls of all trees, which consist of a mixture as follows: Blend at a 50% existing or imported topsoil and 50% planting soil mix PlantinQ Soil Mix: 40% Florida fibrous peat 20% Compost 20% Wood chips 20% Sand (.05 - .002 mm particle size) Roots Inc., "M-roots" formula on top of backfill. 1 gal. - .25 lb. per plant, 3 gal. -.50 lb., 10 gal. - 1 Ibs., 1.5" cal. dia. - 2 Ibs., 2" dia. - 3 Ibs. 2.5" dia. - 5 Ibs., 3" dia. - 7 Ibs., 4" dia. - 12 Ibs., 5" dia. -16 Ibs., 6" dia. Plus - 25 Ibs. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. D. St. Auaustine Floratam Sod: Existing soil to be tilled to a minimum 4" depth below all sod areas. Additive to existing soil in turf areas Roots Inc., "M-roots" formula 10 Ibs. per 1000 sq. ft. with rotary spreader. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. 1686 E. Annual Beds: Preparation and amendment of all annual beds shall be as follows if shown on plans: Excavated existing soil into the center of the bed for elevation and drainage. Spread the following soil amendments evenly over the bed area. 1/3 Florida peat 1/3 Pine bark 1/3 Clean builders sand 4 to 6 month Osmocote 1 tablespoon per plant F. Provide certification that all planting soil mixtures are 99% free of all viable nut grass, and other undesirable weed seeds. G. All planting soil mixes shall be thoroughly blended to form a uniform planting medium suitable for exceptional plant growth. H. Test pH of prepared topsoil and planting soil mixtures by method acceptable to current industry standards. If pH is not between 5.5 and 6.5, add approved soil conditioner/additive to bring pH within that range. Imported local topsoil shall have a Ph range of 5.5 to 7.5. I. Supply complete information on all analysis/test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect prior to placement of soil mixtures. In addition, provide Landscape Architect with thoroughly mixed sample of all soil mixes for approval prior to placement (note pH ranges). Landscape Contractor shall make all modifications and improvements to soil mixes deemed necessary by Landscape Architect to meet requirements herein, and to ensure proper growing medium for all plant material without cost to Owner, prior to planting. PART 3.- EXECUTION 3.01 INSPECTION A. Examine areas to receive soil preparation to assure work of other trades has been completed. Whole contiguous areas are to be prepared at the same time without patchwork or checkerboard work areas. B. Verify that plants to remain undisturbed have been clearly identified and protected from injury during construction. If not, identify and protect plants to remain according to procedures set forth in Section III, "Trees, Plants, and Groundcovers". 1686 C. Remove all construction materials and debris from all areas to be landscaped, without additional expense to Owner, prior to subsoil preparation. D. Verify that all areas have been properly graded, and that all planting areas have adequate surface drainage prior to planting. E. Do not proceed with soil preparation or soil top dressings until all unsatisfactory conditions are corrected. F. Verity representative soil percolation test for planting pits in each project area to ensure proper soil drainage prior to planting. Schedule percolation test with Landscape Architect to verify compliance. 3.02 SITE PREPARATION A. General: Within the entire contiguous area to be landscaped, sodded or seeded, as shown on the drawings, the contractor shall complete the following site preparation. Initiate site preparation as stated herein, and coordinate all work with the existing underground sprinkler system and electrical lines. B. Gradina: Upon completion of the excavation of the existing soil topsoil as described within and deemed acceptable by the Owner's Representative, the contractor shall grade and place soil mixes in all areas to the proposed grades. Proposed grades shall be as shown or notes on the plans. All areas shall be maintained in a true and even condition. All areas shall be positively drained to existing drainage structure where existing and properly compacted to prevent the formation of depressions where water will stand. All undulations and irregularities in the surface shall be leveled prior to initiating landscape planting. C. Post-Emeraence Herbicide: Apply "Roundup" or equal as manufactured by Monsanto Corp. according to manufacturers recommended rate and specification within the limits of all areas specified on the plans to be landscaped as needed to control weeds. Protect existing plants from overspray. Contractor shall ensure total eradication of all existing weed and/or natural groundcover of all areas to be landscaped within the project area prior to proceeding with plant installation. D. Pre-Emeraence Herbicide: Apply "Surflan" or approved equal to all areas to be landscaped according to the manufacturers recommended rate and specification. Contractor shall be responsible to re-apply appropriate herbicide to eradicate all remaining weeds, and maintain a weed-free condition in all areas throughout all landscape planting areas. 1686 E. All herbicide and soil fumigant applications shall be completed by experienced personnel only; in strict accordance with applicable codes and regulations, and contained with the limits of areas to be landscaped. The contractor shall be responsible to replace all existing landscape material present on site with equal sized material that may be damaged while applying herbicide; including overspray or improper application of herbicide, at his own expense. F. Acceptance: Upon completion of all site topsoil preparation, the contractor shall request acceptance from the Owners's Representative prior to initiating landscape planting as specified. 3.03 PERFORMANCE A. Subsoil: Remove all construction debris, Iimerock, gravel, rocks and other deleterious material over 2" in diameter, within 18" of surface in areas to receive planting and topsoil mixtures, from the project site. Fine grade subsoil to assure finish grades are achieved by adding the specified depth of topsoil and/or planting mixture. B. Soil Mixtures 1. Prior to installing planting soil, test tree pits and planting areas for percolation. If areas do not drain; it is the contractor's responsibility to assure percolation by approved means (i.e. addition of gravel or excavate deeper to break through hardpan soil, etc). 2. Remove rocks and other objects over one inch (1") in diameter. 3. Grade soil mixtures to four inches (4") below top of surrounding paving, wherever planting beds abut paved surfaces. 4. Do not compact planting soil mixture; but do wet/soak planting areas to assure proper settlement. Replace topsoil/planting soil mixture to specified grade after watering, where necessary. 5. Grade topsoil to finished grade in areas to be sodded. Remove plant material not indicated as existing, or to be relocated, in order to adhere to sod lines. 6. Remove Iimerock or soil cement, and/or any other materials deleterious to plant growth and survivability, in median islands or construction areas to a full 18 inch soil depth in planting beds or turf areas. Do not damage sub-base material for paved surfaces or curbing. Assure percolation, and then backfill with approved planting soil mix. 1686 7. Excavate annual beds and replace soil with approved planting soil mix as indicated above. 3.04 CLEAN-UP A. Immediately clean up spills, soil and conditioners on paved and finished surface areas. B. Remove debris and excess materials from project site daily. END OF SECTION V SECTION VI- CONVENTIONAL POP-UP IRRIGATION SYSTEM PART 1 GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an automatic irrigation system as specified herein, and as shown on the drawings, and any incidental work not shown or specified which can reasonably be determined to be part of the work, and necessary to provide a complete and functional system. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and 1686 unforeseeable at the time of construction. The Owner shall provide Collier County right-of-way permit and F.D.O.T. permits. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide "Maintenance of Traffic" plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" indexes and the F.D.O.T. "Florida Pedestrian Safety Plan" latest editions. 1.03 RELATED WORK A. Section I - Traffic Control Plan / F.D.O.T. Indexes B. Section III - Underground Electric Service Feed C. Section IV Grading D. Section V - Planting Soil Preparation E. Section VII -Plant Material and Installation F. Section VIII Sodding 1.04 QUALITY ASSURANCE A. Installer Qualifications: A firm specializing in irrigation work, with not less than five (5) years of experience in installing irrigation systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Inspection of Site: The contractor shall acquaint himself with all site conditions, including underground utilities before construction is to begin. Contractor shall coordinate placement of underground materials with contractors previously working underground in the vicinity, or those scheduled to do underground work in the vicinity. Contractor is responsible for minor adjustments in the layout of the work to accommodate existing facilities. D. Protection of Existina Facilities. Sianaae. Veaetation and General Site Conditions: The Contractor shall take necessary precautions to protect existing vegetation in preservation areas. Contact Landscape Architect if minor adjustments are not sufficient to protect existing site 1686 conditions, All existing grades shall be maintained and restored to their previously existing condition immediately following installation and testing. E. Protection of Work and Property: The Contractor shall be liable for, and shall take the following actions as required with regard to damage to any of the Owner's property. (1) Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping or structure of any kind (including without limitation, damage from leaks in the piping system being installed, or having been installed by Contractor) damaged by the Contractor, or by his agents, employees, or subcontractors, during the course of his work; whether through negligence or otherwise, shall be replaced or repaired by Contractor at his own expense in a manner satisfactory to Owner, which repair or replacement shall be a condition precedent to Owner's obligation to make final payment under the Contract. (2) Contractor shall also be responsible for damage to any work covered by these specifications before final acceptance of the work. He shall securely cover all openings into the systems and cover all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions on the pipes, and the breakage, misuse or disfigurement of the apparatus, eqUipment or appliance. F. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits except as noted within, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. G. The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner, or Owner's Representative. H. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. I. The Owner's Landscape Architect, Irrigation consultant, or designated individual, herein referred to as the Owner's Representative, shall have full 1686 authority to approve or reject work performed by the Contractor. The Owner's Authorized Representative shall also have full authority to make field changes that are deemed necessary. J. In all cases where observation of the irrigation system work is required, and/or where portions of the work specified to be performed under the direction of the Owner's Representative, the Contractor shall notify same, at least 48 hours prior to the time such observation or direction is required. K. Any necessary re-excavation or changes to the system needed, because of failure of the Contractor to have the required observations, shall be performed at the Contractor's expense. 1.05 SUBMITTALS A. Refer to General Requirements, Operation and Maintenance Date (when applicable to this contract). B. All material shall be those specified and/or approved by the Landscape Architect. c. Product Data: After the award of the contract, and prior to beginning work, the Contractor shall submit for approval by the Owner's Irrigation Consultant and Landscape Architect, two copies of the complete list of materials, manufacturer's technical data, and installation instructions which he proposes to install. For all proposed element substitutions, the contractor shall submit performance technical data approved by the Center of Irrigation Technology. D. Commence no work before approval of material list and descriptive material by the Irrigation Consultant and Landscape Architect. E. Record Drawings: The Owner shall furnish the Contractor with one set of reprodUCible vellums or mylar sepias showing all work required under this contract for the purpose of having the Contractor record on these reproducibles all changes that may be made during actual installation of the system. Location shall include dimensions from two (2) permanent points of reference (building corner, street corner, fence line, etc.). (1) Immediately upon installation of any piping, valves, wiring, tubing, etc., in locations other that shown on the original drawings, or of sizes other than indicated, the Contractor shall clearly indicate such changes on a set of blueline prints. Records shall be made on a daily basis. All records shall be neat and subject to the approval of the Owner. 1686 (2) The Contractor shall also indicate on the record prints the location of all wire splices, original, or due to repair, that are installed underground in a location other than the controller pedestal, remote control valve box, or power source. (3) These drawings shall also serve as work progress sheets. The Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for review, and shall be kept in a location designated by the Owner's Representative. (4) Each month when Contractor submits his progress payment request to the Owner, it shall include the up to date record drawing information for all material installed to that date. (5) Progress payment request and record drawing information must be approved by the Landscape Architect before payment is made. (6) If, in the opinion of the Owner or his representative, the record drawing information is not being properly or promptly recorded, construction payment may be stopped until the proper information has been recorded and submitted. (7) Before the date of the final site observation and approval, the Contractor shall deliver one set (copies) of the record drawing plan and notes to the Landscape Architect. The Contractor shall deliver the original marked reproducibles to the Owner. The Landscape Architect and Owner shall approve record drawing information prior to final payments, including retention's. PART 2 PRODUCTS All products shall be as specified on the plans and herein these specifications. 2.01 MATERIALS A. The materials chosen for the design of the irrigation system have been specifically referred to by the manufacturer, so as to enable the Irrigation Consultant or Landscape Architect to establish the level of quality and performance required by the system design. Equipment by other manufacturers may be used only if submittal of manufacturer's technical data and installation instructions are reviewed and approved by the Landscape Architect and Owner's Representative. Approval may be granted only if substitution is equal to the specified equipment. Performance technical data provided and approved by the Center of 1686 Irrigation Technology must be submitted for all proposed product substitutions. B. StoraQe and HandlinQ: Use care in handling, loading, storing and assembling components to avoid damage. Store plastic pipe and fittings under cover and protect from sunlight before using. Discolored plastic pipe and fittings shall be rejected. C. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same care used for plastic components. Metallic components shall be stored in an enclosure to prevent rusting and general deterioration. D. PolyVinvl Chloride Pipe (PVC): (1) All PVC pipe shall be homogeneous throughout, free from visible cracks, holes, and foreign materials. The pipe shall be free from blisters, dents, ripples, extrusion die and heat marks. (2) All PVC pipe shall be continuously and permanently marked with the manufacturer's name or trademark, kind and size (IPS) of pipe, material, and manufacturer's lot number, schedule, class or type, and the NSF seal of approval. (3) Pipe tensile strength shall be in accordance with ASTM-D 638. (4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type - Pipe 3" and larger shall be used, or irrigation main line and any other line under constant pressure, and shall be: a. PVC 1120/1220 Class 200, SDR-26 Bell End Gasket Type in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM-D 1784 ASTM-D 2241 ASTM-D Department of Commerce, PS 22-7 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type - Pipe 2 Y, inches and smaller shall be used for lateral piping, and any piping not under constant pressure, and shall be: 1696 a. PVC 1120/1220 Class 160, SDR-21 solvent weld joint, in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM-D 1784 ASTM-D 2241 Department of Commerce, PS 22-70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (6) All piping including main lines and laterals for reuse water source projects shall be color coded (Pantone purple 522C) for reuse water per County ordinances and State statues. E. PVC Pipe Fittinas: (1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1/11 in accordance with ASTM-D2466. Sockets shall be tapered, conforming to the outside diameter of the pipe, as recommended by the pipe manufacturer. All fittings must conform to the twenty (20) minute acetone test as for pipe, and shall be a approved. (2) Molded threaded fittings shall be PVC Schedule 80 in accordance with ASTM-2464. All fittings shall withstand the twenty (20) minute acetone test, and be approved. (3) All molded fittings shall be marked with manufacturer's name and/or trademark, type PVC, schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw materials, and meet ASTM standards. Supplier shall provide certification on extruded couplings when requested. (4) Schedule 80 threaded male/female adapters shall be used in connecting to threaded joints. (5) All changes in depth of mainline pipe shall be made using 45 degree fittings. (6) All threaded PVC to metallic connections shall be made in accordance with the PVC fittina manufacturers recommendations. Any sealant used shall be of the non-hardening, non-petroleum base type, and shall not adversely affect PVC pipe or fittings. F. PVC Solvent Cement: 1686 PVC solvent cement and primer/cleaner shall be compatible with the specific size and type of PVC pipe and fittings, and of proper consistency in accordance with the pipe manufacturer recommendations. G. Rubber Rinas and Gasket Joint Lubricant: Rubber rings shall conform to ASTM-D 1869 and F 477. Contractor shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, non-toxic, an inhibitor to bacterial growth, and shall be non-detrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco (RR), petroleum products, cooking oil, grease, etc.) shall not be used. H. Automatic Field Controller: The irrigation controller shall be as specified on the plans. All field controllers shall be equipped with all available electrical surge/lightning protection devices for all circuits. Protection shall be factory supplied and installed whenever possible. Protection devices not supplied by the manufacturer shall be as recommended by manufacturer to provide a maximum degree of protection. I. Low Voltaae Valve Control Wire (24 Volt): All 24 volt control wire shall be #10 AWG or as specified on plans, UL listed single conductor solid copper, type UF, 600 volt test for direct burial installation. (1) Provide one (1) red activation, (1) white common, (1) blue expansion and (1) green spare 24 volt valve control wire, between the field controller terminal strip station lug and the farthest control valve solenoid lead; to all control valves. (2) Valve common wire shall be white in color. Individual valve control wires shall be color-coded or identified by an approved tagging method. (3) All wire shall be furnished in minimum 2,500 feet rolls and spliced only at the valve and the controller. J. Control Valves The remote control valves shall be as specified on the plans, and shall perform to the manufacturer's specifications. 1686 K. Gate Valves: Gate valves one inch (1") through four inch (4") shall be specified on the plans and shall perform to the manufacture's specifications. L. Quick Couplina Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to the manufacturer's specifications within jumbo valve boxes. M. Control Valve Boxes: All control valve, gate valve, and quick coupling valve boxes shall be jumbo twenty-four inch (24") Ametek Boxes, or approved equal, with identification covers reading, i.e." Control Valve" or Irrigation Controls". Where possible, gate valves shall be installed with control valves. Jumbo size boxes with cover shall be used for all two valve in one box installations. Gravel and non-woven soil fabric shall be installed at the bottom of the boxes as shown in the details. (1) Locking lids shall be mauve in color; boxes and extensions shall be black or green, and constructed of high strength, light weight thermoplastic. N. Tubina to Connections: All interconnecting tubing sections shall be connected with connections recommended by the tubing manufacturer. (1) Any threaded connection using Teflon tapes as an anti-seize device shall avoid excessive use of Teflon tape. Apply Teflon tape only in accordance with fittings and/or component manufacturers recommendations. O. Back Flow Prevention Device: The back flow prevention device shall be as specified on the plans, and shall be installed and perform to the manufacturers specifications. If back flow prevention device is required by local or state laws or ordinances it shall be supplied by Collier County. P. Conventionallrriaation System General Lavout and Installation: System zones shall have all components as shown on the plans and as recommended by the manufacturer. 1686 (1) The Irrigation Contractor shall coordinate with the Landscape Contractor for the layout of the landscape designated areas. The Irrigation Contractor shall make all adjustments necessary to assure that water is provided in a consistent and uniform fashion to the plant material. Any significant layout changes shall be brought to the attention of the Project Manager and Landscape Architect for approval. The Irrigation Contractor shall have the layout approval of the Project Manager and Landscape Architect prior to covering the layout changes. Upon the complete installation of the system or sections and being fully operational the system shall be run for two continuous days to hydrate the soil. (2) Thoroughly flush all pipelines for a period of no less than five minutes prior to installing nozzles. (3) Review of each zone for layout and coverage approval is required by the Owner's representative. (4) The soils at the planting areas shall be thoroughly hydrated two days prior to the installation of plant material. The Landscape Contractor shall coordinate with the Irrigation Contractor for the location of large plant materials. Any damaged lines shall be repaired or replaced by the party responsible for the damage. In the event of repairs or replacements, the section shall be thoroughly flushed. All expenses incurred as a result of the damaged shall be bared by the responsible party. P. Sorinkler Heads and Nozzles: The sprinkler heads and nozzles shall be as specified on the plans, and shall perform to the manufacturer's specifications. PART 3 EXECUTION 3.01 SYSTEM DESIGN A. Desian Pressures: Main line pressure at the source location shall be as required to operate the irrigation system at the design pressures as specified on the plans. Pressure shall meet manufacturer's specifications. B. Location of Irriaation Comoonents: 16B6 Irrigation plants are diagrammatic and approximate. All piping wires, field controllers, etc., shall be installed within the project boundaries. Final location of piping and wiring shall be done following Contractor ascertaining location of existing underground utilities. C. Sprinkler Head Spacina: Head spacing shall be as shown on the plans. Do not exceed spacing shown or noted on the plans. Spacing may be adjusted to accommodate changes in terrain, proposed planting locations, and existing site conditions, only if approved prior to installation by the Irrigation Consultant and/or Landscape Architect. D. Minimum Water Coveraae: Minimum water coverage shall be for all proposed plants and turf areas. Layout may be modified if necessary, and approved by the Irrigation Consultant and/or Landscape Architect, to obtain coverage. E. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits (excluding permits listed within and provided by the Owner), arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 3.02 EXCAVATION AND TRENCHING A. Perform all excavations as required for the installation of the work as defined and described on the installation plans, in accordance with the contract documents, and under this section of specifications. B. All construction shall be done in a neat and workmanlike manner in strict accordance with manufacturer's recommendations. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. C. Main and Lateral Line Trenchina: Mainlines shall be installed in accordance with the installation details, and by cutting and removing sod if necessary; trenching, laying pipe, backfilling, compacting soil, restoring grades, and replacing sod, if required. 1686 (1) Mainline trenches shall be of the necessary width for the proper laying of pipe, fittings, wire and conduits, and the banks shall be as vertical as possible. Trenches shall be great enough to allow six inches between parallel pipelines. Trench with shall not be greater than is necessary to permit satisfactory jointing and other installation procedures. (2) Mainline trench depths shall be as noted in the specifications and on the installation plans and details. Use 45-degree fittings for all changes in depth of mainline pipe. (3) Trench bottoms shall be sufficiently graded to provide uniform bearing and support for each section of pipe at every point along its entire length. Trench bottom shall be free of rocks, gravel and other extraneous debris. D. Safety: Maintain all warning signs, shoring, barricades flares and red lantems as required by the Safety Orders of the Industrial Safety, and any applicable Federal, State and local ordinances. E. Trench Depth: Trenches shall be made wide enough to allow a minimum of six inches between parallel pipe lines. Trenches for pipelines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: Minimum cover over main line sleeves under paved surfaces to be 36" or per FDOT requirements. 36" minimum cover over main lines under paved surfaces. 24" minimum cover over main lines within medians, if installed along back of curbing. 48" minimum cover over main lines within medians, if installed down center of median. 12" minimum cover over lateral lines to heads. (1) Metalized identification tape shall be buried approXimately six (6) inches above irrigation main line. Tape width shall be three inch (3") minimum. Tape colors and imprints shall be as follows: Imprint "Reclaimed Water" Caution - Non-Potable Irrigation Water Line Buried Color Pantone Purple 522C 1686 F. All irrigation pipe, three inches and larger, shall be thrust blocked as shown on the details on accompanying plans. 3.03 BACKFILL AND COMPACTING A. After testing of system has occurred, and observations have been made, backfill excavations and trenches with clean soil, free of stones, sticks, construction debris and rubbish. B. Contractor shall not backfill over fittings, valves or couplings until pressure tests have been successfully completed. C. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 90% density. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process shall be used when necessary in those areas. D. Dress off all areas to finish grades, and restore to condition previous to irrigation installation. E. Clean.UD: Remove from the site all debris resulting from work of this section. Cleanup shall be conducted continuously throughout the installation process to keep extraneous materials off the work site. 3.04 INSTALLATION A. Remote control Valves: Install remote control valves where shown and group together where practical; place no closer than 12 inches to walk edges, buildings, and walls. B. Valve Boxes: Install all valve boxes to avoid direct contact with PVC irrigation piping. During valve box installation, place gravel and filter fabric as specified in the plan details. All valve boxes to be jumbo size. Install in planting beds where possible. C. PVC PiDe and Fittin~s: Plastic pipe and fittings shall be solvent welded using solvents and methods as recommended by manufacturer of the pipe; and as indicated elsewhere in these specifications, except where screwed connections are 1686 required. Pipe and fittings shall be thoroughly cleaned or dirt, dust and moisture before applying solvent with a non-synthetic bristle brush. All screwed connections shall b thoroughly cleaned and wrapped with Teflon tape, as specified in these specifications. (1) The pipe manufacturer's installation manual shall be followed for the installation practices. (2) Use only a color-tinted cleaner/primer to prepare the outside diameter of the pipe and the inside diameter of the fitting socket. Cleaner/primer and solvent cement shall be compatible with the specific sizes and types of PVC pipe and fittings being used. (3) Use only those applicator devices approved or recommended by the pipe and fitting manufacturer to apply the cleaner/primer and the solvent cement. Applications shall also be approved by the manufacturer of the cleaner/primer and solvent cement. (4) Make all joints immediately after applying the solvent cement. Check all fittings for correct position. Hold joint steady so that pipe does not push out from fitting. Use a clean rag to remove any excess solvent from completed joint area. (4) All joints shall remain completely undisturbed for at least 15 minutes prior to any movement. D. Above Ground Pipina: All pipe and fittings permanently resistant PVC Schedule 80 pipe. approved by the Owner. installed above ground shall be UV Piping shall be painted a color as (1) All pipefittings intended for temporary use, and installed above ground, shall be UV resistant PVC Schedule 80. E. Pipe Sizes: All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. Contractor shall minimally size pipe so to maintain a minimum 45 - 50 PSI operating pressure. F. Manual Gate Valves: Make all connections between PVC pipe and metal valves or steel pipe with threaded fittings using PVC male adapters. All threads shall be 1686 thoroughly cleaned of dirt, dust, and moisture before wrapping with Teflon tape. G. Automatic Field Controllers: The on-site location of the automatic controllers shall be approved by the Irrigation Consultant and/or the Landscape Architect following stake-out in the field by the Contractor. Contractor shall be responsible for monitoring the integrity of the flag markings. (1) Controllers shall be installed in accordance with the plan details and manufacturer's instruction. (2) Contractor shall provide controller grounding in accordance with the manufacturer's requirements and/or recommendations. If specified ground resistance cannot be obtained, consult manufacturer for prescribed methods. (3) Connect remote control valve to controller in the sequence shown on the plans. If plan is not labeled, then connect remote control valves to controller in a clockwise sequence to correspond with station setting, beginning with Stations 1, 2, 3, etc. 3.05 CLOSING OF PIPE AND FLUSHING LINES A. Cap Openinas: Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. (1) Thoroughly flush out all irrigation lines before installing valves, heads and other hydrants. (2) Test in accordance with paragraph on Hydrostatic Tests. B. Testina: Request the presence of the Irrigation Consultant and/or Landscape Architect in writing, or by phone, at least 48 hours in advance of testing. All testing is to be accomplished at the expense of the Contractor, and in the presence of the Irrigation Consultant and the Landscape Architect. C. Hvdrostatic Test: 1686 Center load piping with small amount of backfill to prevent arching or slipping under pressure. A continuous and static water pressure of 120 PSI or as directed by Owner's representative shall be applied for a period of not less than two (2) hours. Repair all leaks resulting from pressure test. Expel air from system after testing, and flush all lines. (1) Tests shall be made between valves and, as far as is practicable, in sections of approximately one thousand (1000) feet, as long as approved by the Irrigation Consultant and/or the Landscape Architect. Potable water from an existing water distribution system shall be used, if available. The test pressure shall be 120 PSI, or as directed by Owners Representative and the pressure shall be maintained for a period of not less than two (2) hours. Pressure shall not vary more than two pounds from the above during the two hour testing period. Allowable leakage shall be computed on the basis of table 3, Section 13.7 AWWA Standard C600-64, on the applicable formula for other than 18 foot lengths. (2) All leaks evident at the surface shall be uncovered and repaired, regardless of the total leakage, as indicated by the test. All pipes, valves, fittings and other material found defective under the test shall be removed and replaced at the Contractor's expense. Tests shall be repeated until leakage has been corrected. D. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position. E. Demonstration: Demonstrate to the Irrigation Consultant and/or the Landscape Architect that the system meets coverage requirements, and that automatic controls function properly. Coverage requirements are based on operation of one circuit at a time. F. Upon completion of the testing, the Contractor shall complete assembly, balance and adjust components for proper distribution, as indicated elsewhere in these specifications. 3.06 ELECTRICAL A. Irrigation Contractor shall be responsible for the placement of the 110-volt AC service necessary for the operation of electric controller as specified on the plans, and in accordance with the manufacturer's specifications. 1686 B. Electric control lines (24 Volt) from controller to automatic valves shall be direct burial wire of a different color than the 110 Volt service to controllers. The 24 Volt common ground shall be of one continual color, and of a different color than the other 24 Volt lines and the 110 Volt service. All 110 Volt AC wiring shall be installed in accordance with Federal, State, and local electric requirements. C. All 24 Volt wire shall be placed in 1.25" dia. sch. 40 pvc piping along the main line from valve or splice box to valve or splice box and from the main line to the controller location if the controller is not located next to the main line. A valve box shall be installed at all locations where the wiring leaves to main line. D. Provide an expansion curl within three (3) feet of each wire connection, and at each change of direction. Each expansion curl shall be formed by wrapping at least six (6) turns of wire around a 2-inch diameter pipe, then removing the pipe. E. All 24 Volt wire shall be installed in accordance with the latest provisions of the National Electrical Code, and all prevailing local codes. F. All above ground low voltage wiring shall be installed in UL listed plastic conduit and connectors, in accordance with prevailing local codes. G. Install all 24 Volt valve control wires and common wire under the irrigation main to one side of mainline trench. Installation depth shall conform to the depth of the mainline as indicated elsewhere in these specifications. H. Install all 24 Volt wires in mainline trench, except for distance between controller and the mainline pipe location. I. All field repair splices shall be made using Scotch-Lok No. 3500 or DBY connector sealing packs, or approved equivalent. Each individual wire splice requires one connector sealing pack. J. All in-the-field low voltage wire splices shall be made in a valve box as described within these specifications, or in the pedestal of the field controller. K. When more than one wire is placed in the same open trench, wires shall be bundled and taped together using black electrical tape., L. Provide an expansion coil of eight to ten feet of wire or cable at each change in direction along the wire routing where wire is directly buried in a trench. Provide an expansion coil of four to six feet of wire every 1000 1686 feet of straight wire run. Coil diameter to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. M. Provide an expansion coil of eight to ten feet of wire or cable at each side of a road crossing. Coil diameters to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. N. All wire passing under existing or future paving, or construction, shall be encased in plastic conduit extending at least 24 inches beyond edges of paving or construction, as indicated on the irrigation plans, or elsewhere in these specifications. O. The 24 VAC low voltage wiring system between field controller (FC) and remote control valves shall be properly grounded per manufacturer's instructions. 3.07 PROVISIONAL ACCEPTANCE A. The Contractor shall complete all construction, and shall repair or replace all defective work before provisional observation by the Landscape Architect. On completion, and upon request of the Contractor, the Landscape Architect shall inspect all irrigation for provisional acceptance. The request shall be received from the Contractor at least two days before the anticipated provisional observation. 3.08 FINAL ACCEPTANCE A. Final acceptance shall be done in accordance with General Requirements. Contract close-out (when applicable to this contract). B. "Record" Irrigation Drawings: Record drawings shall be delivered to the Owner, Irrigation Consultant and/or the Landscape Architect before final acceptance of work. 3.09 WARRANTY A. Warranty: The Contractor shall furnish a written warranty, stating that all work included under this contract shall be warranted against all defects and malfunction of workmanship and materials for a period of one (1) year from date of completion and final acceptance of this project, unless County provides warranty to be executed. 1686 (1)The Contractor further agrees that he will, at his own expense, repair and/or replace all such defective work and materials, and all other work damaged thereby, and which becomes defective during the term of the guarantee/warranty, in an expedient manner. (2) The Owner retains the right to make emergency repairs without relieving the Contractor's guarantee obligation. In the event the Contractor does not respond to the Owner's request for repair work under their guarantee/warranty within a period of forty-eight (48) hours, the Owner may make such repairs, as he deems necessary, at the full expense of the Contractor. (3) Any settling of backfilled trenches, which may occur during the guaranty/warranty period, shall be repaired by the Contractor at no additional expense to the Owner, including the complete restoration of all damaged planting, sod, paving or other improvement of any kind. B. Instruction: After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system, END OF SECTION VI 1686 SECTION VII- PLANT MATERIAL AND INSTALLATION PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O. W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK E. Section I A. Section IV B. Section V D. Section VI C. Section VIII Traffic Control Plan I F.D.O.T. Indexes Grading Planting Soil Preparation Irrigation Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his 1686 own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 QUALITY ASSURANCE A. Inspection 1. Furnish nursery grown plant materials inspected by State Department of Agriculture at the growing site and tagged or otherwise approved for delivery by Landscape Architect. 2. Inspection at growing site does not preclude right of rejection at project site. B. Furnish plant materials certified by State Department of Agriculture to be free from harmful insects or apparent disease. Submit verification that all plant material is free of harmful insects and disease. C. All plant material shall meet or exceed the minimum grade of Florida No.1 in accordance with "Grades and Standards for Nursery Plants" Parts I & II, latest volumes published by the State of Florida Department of Agriculture and Consumer Services. D. Plant Material shall be shade or sun grown, and/or acclimatized depending on planting location in the plans. E. All landscape construction work shall be installed by qualified personnel or a qualified landscape construction subcontracting company that has experience in landscape construction of similar size and scope, as is indicated for this project. The Contractor shall submit for the Owner's review and approval resumes of all superintendents and foremen designated to perform the work, and a list of five (5) projects with references with which he or she was involved. Those projects must be of similar size and scope of work as this project. If the Contractor elects to use a subcontractor for this portion of the work, the subcontractor shall have been in operation for a minimum offive (5) years, licensed to work in the State of Florida, and supply to the Owner all the above stated criteria. The Owner reserves the right to accept or reject the proposed subcontractor or its designated personnel, in whole or in part, based on the information provided above, and in accordance with the terms and conditions of the Contract Documents. 1.06 SUBMITTALS A. Certificate of inspection of plant material by State Authorities. 1686 B. Test Reports: Analysis of samples from planting soil supply areas (Le., signed original copy by testing laboratory only). If Contractor elects to divide the project area into incremental substantial completion areas, soil samples and test reports shall be required for each increment 14 days prior to beginning each increment. C. Maintenance Instruction: Prior to the end of the maintenance period, furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of installed plants throughout their full growing season. D. Grower's Certification: Requirements for root pruning and holding B&B stock at the nursery. E. Plant Samples: Three plants of each shrub, ground cover, or vine 7 gallon or less, as specified for approval by the Landscape Architect, and to be used as representative size, specification, and plant type for all plant materials to be installed. Any plant material that does not conform to the plans, specifications, or approved plant samples, shall be rejected. F. Plant PhotoQraphs: Contractor shall provide representative photographs of all plant material specified over 7 gallon in size, with a measuring rod included in photograph. At contractor's option, contractor may elect to coordinate with Owner's Representative and Landscape Architect one tagging trip to cover all larger plant materials at contractor's cost. G. Proiect Schedule: Provide five (5) copies of a comprehensive project schedule, indicating contractors proposed work and installation schedule. Schedule shall include breakdown for site preparation and grading, irrigation, trees/palms, shrubs, ground covers, sod/seed, and final clean up. Contractor shall also include project "milestones" for designated project areas within the total project area as required, including substantial completion dates. H. All certificates, reports, and samples shall be submitted by the Contractor to the Landscape Architect a minimum of one week prior to the installation of any of the materials. Contractor shall not begin work until all submittals have been verified by the Landscape Architect. Submittals required, but not limited to the following: 1. Existing soil analysis and sample. 2. Prepared soil analysis and sample. 3. Mulch sample (Eucalyptus mulch, Grade AL..-shredded required). 4. Erosion control fabric sample as reqUired. 1686 5. Pre-and post-emergent herbicide. 6. Weed eradication treatment for lawn grass. 7. Foliage spray fertilizer(s). 8. Sod certification(s). 9. Plant samples and/or photographs. 10. Drainage gravel sample. 11. List of personnel, qualifications, and schedule. 12. Guying methodologies. 13. Leaf antidessicent spray. 14. Maintenance manual. 15. Soil Separator sample and product sheet. 16. Sand fraction analysis. 17. Fertilizer(s). 18. Plant supplier certifications. 1.07 DELIVERY, STORAGE AND HANDLING A. Inventorv: Verify that plant species, quantity, and quality of plants in Owner's nursery and/or holding area matches that on plant list and drawings. B. Preparation for deliverv: 1. Prune head and/or roots of all trees only under direction of Landscape Architect, and as required to assure safe loading, shipment and handling without damaging the natural form and health of the plant. 2. Balled and Bur/aped (B&B) plants a. Dig and prepare for shipment in manner that will not damage roots, branches, shape, and future development after replanting. b. Ball with firm, natural balls of soil, per "Florida Grades and Standards for Nursery Plants" . c. Wrap ball firmly with burlap or strong cloth and tie: ANSI 260.1. C. Deliverv 1. Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Store in designated areas only. 1686 2. Deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed mix, name, and conformance to State law. Store in designated areas only. 3. Deliver plants with legible identification labels. a. Label trees, evergreens, containers of like shrubs, or groundcover plants. b. State correct plant name and size indicated on Plant List. c. Use durable waterproof labels with water-resistant ink, which will remain legible for at least 60 days. 4. Protect all plant materials during transport/delivery with shade cloth or other acceptable means to prevent wind burn. 5. Protect all plant material during delivery to prevent damage or desiccation to root ball or desiccation of crown and leaves. 6. Mist periodically each day all tree/palms root balls and crowns/tops during delivery, handling, and storing on site to ensure against drying. 7. Notify Landscape Architect and Owner of delivery schedule in advance so plant material may be inspected upon arrival at job site. 8. Remove unacceptable plant material immediately from job site. E. Storaae 1. Balled and burlaped plant stock: Deliver from nursery and shall be dug with a firm, natural ball of soil of sufficient size to encompass the fibrous and feeding roots of the plant. No plants moved with a ball shall be planted if the ball is cracked or broken. 2. Bare root plant material: Deliver direct from supplier. 3. Protect roots of all plant material from drying or other possible injury with shade-cloths, tarps, or other means. Keep plant root ball and crown moist at all times. 4. Store plants in shade and protect from weather. Heel in trees in a vertical position as required. Irrigate all stored plants as reqUired. 5. Maintain and protect plant material not to be planted within four hours. Plant palms upon delivery. 1686 D. Handlina 1. Do not drop plants. 2. Do not pick up container or balled plants by stems or trunks. 3. Do not use chains or cables on any trees or palms. Handle using nylon straps, 2" width minimum. 1.08 JOB CONDITIONS A. Plantinq Season: Perform actual planting only when weather and soil conditions are suitable, in accordance with locally accepted practice. B. Locate all underground utilities and other non-readily visible structures prior to digging. Landscape Contractor shall repair all damage to underground utilities, and/or construction caused by utility damage, at no cost to the Owner. C. Verify that all existing trees to remain are properly identified and barricaded to prevent damage under this and future construction. Landscape Contractor shall be responsible for maintaining adequate identification and barricading of all existing plant material to remain throughout the installation and required maintenance period. 1.09 GUARANTEE A. Guarantee all shrub and groundcover, trees, and palms plant material for a period of 12 months after date of Final Completion. replacement plants under this guarantee shall be replaced within (2) two weeks of rejection, and guaranteed for (12) twelve months from date of installation. B. Repair damage to other plants, lawn or construction work during plant replacement at no cost to the Owner (this includes, but is not limited to, damage to curbs, walks, roads, fences, site furnishings, etc.). 1.10 SCHEDULING A. Coordinate work and installation as required with other contractors within the project area that may be in progress as required. B. Install trees, shrubs, and ground cover before lawns are installed. C. Notify Landscape Architect of anticipated installation date at least (2) two weeks in advance. 1686 PART 2 - PRODUCTS 2.01 PLANT MATERIAL A. Well-formed and shaped, true to type, and free from disease, insects, and defects such as knots, sun-scald, windburn, injuries, abrasion or disfigurement. B. True to botanical and common name and variety: American Joint Committee on Horticultural Nomenclature, Standardized Plant Names, latest edition. C. Minimum grade of Florida NO.1 in accordance with "Grades and Standards for Nursery Plants" latest Volumes, published by the State of Florida Department of Agriculture. All plants not listed in "Grades and Standards for Nursery Plants", published by the Division of Plant Industry, shall conform to a minimum grade of Florida NO.1 as to: 1. Health and vitality 2. Condition of foliage 3. Root system 4. Freedom from pests or mechanical damage 5. Heavily branched and densely foliated according to the accepted normal shape 6. Freedom of low and/or tight "V" shaped crotches. D. Nursery Grown: ANSI 260.1-1969 1. Grown under climatic conditions similar to those in locality of project. 2. Container grown stock: a. Growing in container for minimum 30 days before delivery, with sufficient root system for container size. b. Not root-bound or with root systems hardened off. 3. Use only ground cover plants well-established in removable containers, integral containers, or formed homogenous soil sections. 4. Trees shall be nursery/tree farm grown. Collected and Grow Bag trees will not be accepted unless previously done in writing from the project Landscape Architect. E. Minimum root ball sizes for all palms shall be as delineated within "Grades and Standards for Nursery Plants, Part II, Palms and Trees", latest volumes, published by the State of Florida Department of Agriculture. 1686 F. Materials should be installed at their specified size and heights. 2.02 PLANTING SOIL A. Planting soil mixture for backfill around trees, palms, shrubs, and groundcover shall be as specified in Section V - Planting Soil Preparation. 2.03 SOIL CONDITIONERS A. Soil conditioners shall be as specified in Section V - Planting Soil Preparation. 1. Apply foliage sprays with a wetting agent. B. It shall be the responsibility of the contractor to supply and transport water to all landscape areas during construction until the irrigation system is installed. 2.04 MULCH A. Eucalyptus mulch, Grade A. shredded, loose, substantially free of mineral waste materials, and sterilized. B. Processed specifically for use as mulch around plant beds. 2.05 GUYING AND STAKING MATERIAL A. Stakes for Palm tree support: 1. Construction grade lumber, pressure treated pine. 2. Vertical Stakes: Nominal 2" x 4" x 8' long pressure treated pine and pointed at one end. 3. Braces for Palm Trees: Nominal 2" x 4" x 8'long pressure treated pine. 4. See detail sheets for staking requirements for palms. B. Guving Wires: Annealed, galvanized iron or galvanized steel 10 gauge wire. Wire shall be flagged with white surveyor tape minimum 2 per guy wire, (one flag near ground level, and one flag near the middle of the length of wire, above turnbuckle, if used), or approved equal. C. Hose 16 86 .~ 1. Type: New y," diameter 2-ply reinforced black rubber or plastic hose. 2. Minimum length: 6 inches. D. Turnbuckles 1. Turnbuckles are required. Landscape Contractor shall be responsible for keeping taut all guyed plant material, and for keeping flagging in place. One turnbuckle per guy wire is required. 2. Guying to be tightened as needed, but always within one day of when found necessary. 2.06 SLOPE STABILIZATION A. Landscape contractor shall be responsible to stabilize grades by approved methods where necessary. B. Contractor shall stabilize all sloped areas grater than 2.5 to 1 and areas found to be required to reduce surface erosion by the Owner's Representative with erosion control fabric. Contractor shall install erosion control fabric according to the manufacturer's instructions. 2~07 SOIL SEPERATOR A. Soil separator material or drainage cloth shall be used where specified within the plans or details. B. The soil separator in landscape shall consist of a sheet of structure composed entirely of preferentially oriented isotactic polypropylene continuous filaments thermally bounded mostly at the crossover points and weighing 4.0 + 0.3 oz./yd. 1. "Typar" style 3341, by Dupont or approved equal. Available through Reemay, Inc. (Phone 1-800-321-6271), and sold through Exxon, Inc. (Phone 1-800- 543-9966). 2. Technical Date Weight 4.0 oz./yd. ASTM D1910-64 (1975) Thickness 15 mils ASTM D1777-64 (1975) Grab Tensile 135 Ibs. ASTM D1682-64 (1975) Elongation to Bcab 62% ASTM D1682-64 (1976) Trapezoidal Tear 741bs. ASTM D2263-68 Puncture Strength 50 Ibs. ASTM D751-73 1686 Mullen Burst 200 psi ASTM 0774-46 Abrasion resistance 42 Ibs. ASTM 01175-71 Specific Gravity .95 Equivalent Opening 70 to 100 U.S. Corps of Eng. ASTM size (EOS) std. Sieve D422-63 (1972) Flux 230 gal./ft/min. EURM-100 Coefficient of H 0 2x10 cm/sec. EURM-100 3. Soil separator installation a. Roll, size and overlap as required as indicated, and complete installation as per manufacturers standard printed specifications, inspections and recommendations. b. Contractor shall be responsible for securing top edges of soil separator by an approved method. 2.08 DRAINAGE GRAVEL A. Gravel shall be River gravel and shall be of graduated sizes. B. River gravel shall be no smaller than three quarter inch (3/4"), nor larger than one and one half (1 W') in any direction. C. Gravel shall be installed as shown on drawings, or to a minimum of 4" depth. D. Gravel shall be washed clean and contain no chemical elements harmful to plant growth. E. Drainage gravel shall be provided and installed in the bottom of tree/palm planting pits where percolation may not be adequate (see Part 3.03 "Preparation" within this section). PART 3 - EXECUTION 3.01 INSPECTION A. Verify that final grades and drainage have been established prior to the beginning of the planting operation. B. Inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and shrubs for improper pruning. 1686 C. Do not begin planting of trees until deficiencies are corrected, or plants replaced. 3.02 LOCATION/STAKING A. Stake out locations for plants and outline of planting beds on ground. B. Do not begin excavation until stake out of plant locations and plant beds are acceptable to the Landscape Architect. C. The location of all plant materials shall be field staked prior to installation for Landscape Architect's approval. 3.03 PREPARATION A. Plant Pits 1. Shape a. Vertical sides and flat bottom. Tree/palm pits shall have mounded bottoms to improve drainage as detailed. b. Plant pits to be square or circular. 2. Size a. Trees and Palms (1) Depth: Minimum 2 ft. from finish grade and increased as necessary to accommodate planting ball or drainage. (2) Width or diameter: 2 ft. greater than diameter of planting ball (unless otherwise approved by Landscape Architect for special planting areas). b. For Shrubs and Groundcovers (1) Depth: (a) 2 and 3-gallon plant material shall receive a minimum of 2" of planting soil mixture beneath the root ball. (b) Plant materials sized 1 gallon or less, and/or materials planted 24" O.C. or less shall receive a full 8" of amended planting soil mix tilled to a minimum depth of 12", Note: All annual beds shall receive a full 8" of amended planting soil mix. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative. (c) For plants not requiring soil mix, the entire bed shall be tilled by mechanical means to a depth of 12". (2) Width or Diameter (a) All 2 or 3-gallon material shall be placed within a minimum 18"dia. planting hole, and backfilled with the specified planting mix. 1686 (b) All plant material sized 1 gallon or less, or material planted 24" O.C. or less shall receive complete bed amending,. That isexcavation of existing soil to a minimum of 8 inches (Note: 8" for all annual beds) below finished soil elevation, backfilling with specified planting soil mix, and then tilling with all required amendments to a depth of not less than 12 inches. All areas to be amended in such a manner shall be highlighted on contractor's record drawings. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative (3) Bring all beds and pits to smooth, even surface conforming to established grades after full settlement has occurred. NOTE: Amending of, and quantities of planting soil mixes as outlined above contingent with existing soil conditions. B. Disposal of Excess Soil: 1. Use acceptable excess excavated topsoil to form watering berms around the plants. 2. Dispose of additional excess soil at direction of Owner's Representative. 3. Dispose of unacceptable or unused excess soil in designated staging area as directed by the Owner's Representative. 4. All spoilage shall be deposited, spread and fine graded to a maximum 2" layer as directed by the Owner's Representative. C. Plantina Beds: 1. For planting beds backfill with 8" of specified and amended planting soil mixture to meet required finished grade. 2. Bring all beds to smooth, even surface conforming to established grades after full settlement has occurred. D. Test fill all tree pits with water before planting to assure that proper drainage and percolation is available. Pits which are not adequately draining shall be excavated to a depth sufficient for additional drainage and backfilling with gravel., No allowances will be made for lost plants due to improper drainage. Landscape Contractor shall replace with same species size and specification at no cost to Owner. 3.04 PLANTING A. General 1686 1. Center plant in pit. 2. Face for best effect, or as directed by Landscape Architect. 3. Set plant plumb and hold rigidly in position until soil has been tamped firmly around planting ball. 4. Use only planting soil backfill as specified in Section V. 5. Place sufficient planting soil under plant to bring top of planting ball to finish grade (top of tree/palm root balls shall not be set below finished grade). 6. Backfill pit or trench with planting soil in 9-inch layers. Water each layer thoroughly to settle soil and work soil completely around roots and planting ball. 7. After soil settles, fill pit with planting soil and water. Leave pit surface even with finish grade. B. Plant all shrubs and ground covers per specifications and details and maintain a 36" offset from back of curb, walks, and/or paving. 9. Topsoil berm: a. Construct a topsoil berm 6 inches above finish grade, forming a watering saucer with a level bottom around each palm or tree. b. Size: 2 feet greater diameter than the diameter of root ball. Maintain 4 foot diameter mulch circle or to the outside of the water saucer around all trees in sod areas. C. Leave saucer for 3 months, or as directed by Owner's Representative. At the end of 90-day warranty maintenance period, re-grade area and re-mulch planting circle (or planting bed) for all plantings. Remove excess from basin and clean area. Replace any damaged plant material or sod at no cost to Owner. B. Balled plants (B&B) 1. Place in pit on planting soil backfill material/drainage gravel that has been hand-tamped prior to placing plant. 2. Place with burlap intact, so location of ground line at top of ball is same as at nursery where grown. 3. Remove binding at top % of planting ball and lay top of burlap back 6 inches. For wire balled trees, remove wire from the top 1/3 of the ball (12" minimum) after the tree has been stabilized by partially backfilling the planting pit. 4. Do not pull wrapping from under the planting ball. 1686 5. Do not plant if planting ball is cracked, broken, or showing evidence of voids before or during planting process. Replace with plant of same species, size, and specification at no cost to Owner. C. Container-arown plants 1. Container removal a. Do not injure planting ball. b. Do not cut cans with spade or ax. c. Do not cut sides on knockout cans. d. Carefully remove plants without injury or damage to planting ball. e After removing plant, superficially cut edge roots with knife on three sides. Note: Root-bound plants shall not be accepted. 2. Dig and prepare planting beds according to drawings and as specified herein. 3. Hand place plants which are in containers less than one gallon in size. 4. Hand backfill and hand tamp, leaving slight depression around bases of plants. 5. Do not cover top of root ball set plants Y:z inch above adjacent finished grade. 6. Thoroughly each plant for settlement and replace required planting soil. 3.05 FERTILIZER APPLICATIONS A. Apply granular fertilizer at time of planting and repeat three months from first application. Schedule time of fertilization with Owner or Landscape Architect to verify compliance of fertilization of plant materials. B. Apply granular fertilizer at following rates to planting bed and saucer areas around each tree, palm and shrub. 1. Trees: a. Caliper 4 inch and larger: 1 pounds per inch of caliper (i.e. 4" caliper equals 4 Ibs. of fertilizer). b. Caliper 4 inch and less: 1 pounds per inch of caliper (i.e. 2" caliper equals 2 Ibs. of fertilizer. 2. Shrubs: 7 gallon or greater 1 lb. per 3' ht. of plant 5 gallon to 3-gallon Y:z Ib per plant 1 gallon or less Y. lb. per plant 3. Ground Cover Plants: 1 gallon or less Y. lb. per plant 4. Palms: 1 pound per inch of caliper. 1686 C. Broadcast under foliage canopy and incorporate into soil. D. Water immediately until root structure of plant is wet. Assure protection from fertilizer burn. E. Apply foliage nutrient spray to all Palm species at time of planting and repeat three (3) months from first application. Do not apply foliage sprays in summer months (i.e. June through August). Schedule fertilization with Landscape Architect. Drench palm leaves with foliage nutrient spray at the manufacturer's recommended rate to all palm species. F. Trees, Palms, Shrubs and Ground Covers shall also be fertilized with 21 gram Agriform tables per manufacturer's application rates. 3.06 WEED AND INSECT CONTROL A. Seven days prior to planting apply post-emergent herbicide, "Roundup" or equal as manufactured by Monsanto Corp. or approved equal, per manufacturer's rate and method of application to all landscape bed areas as necessary. B. Provide viable application of pre-emergent herbicide "Surflan" in accordance with manufacturers recommendations before mulching, and again as necessary throughout required maintenance period to prevent weed seed germination. 1. Contractor shall schedule application with Owner or Owner's Representative to verify compliance with specifications. C. The Landscape Contractor shall verify that the herbicide and application technique will not damage plant material prior to application, and shall replace, and/or repair damage to any plant injured by herbicide application at no cost to the Owner. D. Provide written certification that all plant materials including palms have been specifically treated for insect control. 3.07 MULCHING A. Top mulch planting pits, trenches, and areas within two days after planting. B. Cover watering basin or bed evenly with 4 inches uncompacted depth of mulch material. 1686 c. Water thoroughly immediately after mulching. D. Match mulch elevation at plant bed/sod line. E. Hose down planting area with fine spray to wash leaves of plants twice a week, or as required. F. Exclude mulch from annual beds. 3.08 GUYING AND STAKING OF TREES A. Guy trees as shown on the drawings, except where they are planted in special locations where guying is not feasible. 1. Stake installation a. Install stakes perpendicularly, 2 feet into ground at edge of root ball. Do not install stake through soil separator or drainage gravel if present. Do not install stakes through root ball. Install stakes or guying within the tree or palm mulch area. b. Number of stakes as shown. B. Stake palm trees as shown. Contractor shall not deepen the burial of any palms for stabilization in lieu of staking. The clear trunk height shall be required as specified on plans after installation. The Contractor shall be responsible for and guarantee the installation against toppling, and be responsible for any and all damage incurred by toppling over of palms. C. Contractor shall leave all guying and staking in place and maintain in good repair. Ensure no guys or stakes occur in grassed areas. 3.09 PRUNING A. Prune minimum necessary to remove injured twigs and branches, deadwood, and suckers. Pruning shall be done with regard to natural form of plant material, or as directed by the Landscape Architect. 1. Prune trees and shrubs prior to delivery to site only under direction of Landscape Architect. (Note: Pruning is required for collected palms and trees per "Grades and Standards for Nursery Plants Part II, Palms and Trees, latest volumes. 1686 B. Pruning cuts shall be monitored to ensure proper healing and to prevent insect/disease infestation. C. Landscape Contractor shall perform all specialized shearing and/or pruning as directed by the Landscape Architect, as shown on the drawings, at no additional cost to the Owner. 3.10 MAINTENANCE A. Begin daily maintenance immediately after each item is planted. Continue until the final completion. The Owner's responsibility for landscape maintenance shall commence on the date each designated portion of the project is turned over to the Owner by acceptance. B. Maintain a healthy growing condition by pruning, watering, cultivating, weeding, mowing, mulching, tightening and repairing of guys, resetting plants to proper grades or upright position, restoration of plant saucer, and furnishing and applying such sprays as necessary to keep planting free of insects and diseases. C. The root system of plants shall be watered by the Contractor as often as conditions require at such intervals as will keep the surrounding soil in best condition for promotion of root growth and plant life. Supplemental hand watering, above the irrigation system watering, is the responsibility of the Contractor until all plant materials are well established. D. Keep planting saucers and beds free of weeds, grass, and other undesired vegetation growth. All areas must be 98% weed free upon final acceptance by Owner. E. Protect planting areas and plants against trespassing and damage of any kind for the duration of the maintenance period. F. Inspect plants at least once a week and perform maintenance promptly. Replace impaired or dead plants promptly. Do not wait until near the end of the guarantee period to make replacements of plants, which have become unacceptable. G. Remove soil ridges from around watering basins as directed by the Landscape Architect/Owner's Representative. H. Water when soil moisture is below optimum level for best plant growth. Coordinate and adjust timing of irrigation system with 1686 irrigation contractor as plant materials establish. Contractor shall note that the irrigation system is not designed to accommodate establishment of trees and palms. It is the Contractor's responsibility to provide additional water as may be required above what is supplied by the irrigation system until all trees and palms are well established. I. Contractor shall be responsible to protect all cold sensitive approved plant materials stored or planted on-site by approved methods from cold or freeze damage as may be required. Contractor shall use approved horticultural practices typical for the South Florida area, and shall submit intended methods, schedules and plans of protection with required submittals for review and approval. In the event the Owner or Landscape Architect verifies that the materials protected by the Contractor are damaged during a cold period or freeze, the damaged materials shall be replaced (or not) by the Owner, or at additional cost to the Owner. The Contractor shall use reasonable measures to protect all cold sensitive plant materials. 3.11 CLEANING A. Fill all pits/depressions in holding area, and rough grade to meet surrounding elevations. Remove any organic or other debris resulting from the plant relocation process. B. Sweep and wash all paved surfaces. C. Remove planting debris from project site and holding area. D. Remove soil conditioners, soil mixes, gravel, etc. from project site and holding area. 3.12 SUBSTANTIAL COMPLETION. OBSERVATION AND ACCEPTANCE A. Observation of the entire project, or designated portions thereof, shall be made upon written request of the Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by the Landscape Architect at least five (5) days before anticipated date of observation. 1686 C. Plants that have died or are in unhealthy or badly impaired condition on observation shall be treated or replaced immediately at no additional cost to Owner. D. Replace rejected plants within two (2) weeks of observation or as indicated in the project time line schedule. E. Final completion acceptance of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall be in according to the conditions of the contract. Substantial completion will be given by the Landscape Architect and the Owner's Representative, provided the Contractor has supplied the Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.06 of this section. A complete maintenance manual shall contain information in sections of the following: 1. Weed Control a. Shrub areas b. Turf 2. Pest/Insect Control a. Trees b. Palm c. Shrubs d. Turf 3. Fertilization a. Schedules b. Trees c. Palms d. Shrubs e. Products/amounts or application rates f. Soil Testing g. Turf 4. Mulchina Reauirements 5. Trees. palms. and Shrubs a. Pruning/Trimming b. Watering Requirements c. Soil Testing d. Specifics for each type specified 1686 - SODDING PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.OW. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the sodding work, as indicated on the drawings, as specified herein, or both, including the replacement of any sod damaged from and adjacent to construction work, with sod of identical genus, species, and variety. B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project. Submit plans to the roadway agencies having jurisdiction for approval, prior to beginning work, using the latest MUTCD, F.D.O.T. Roadway and Traffic Design Standards, and the F.D.O.T. Florida Pedestrian Safety Plan. 1.03 RELATED WORK A. Section I B. Section IV C. Section V D. Section VI E. Section VII Traffic Control Plan / F.D.O.T. Indexes Grading Planting Soil Preparation Irrigation Plant Material and Installation 1.04 QUALITY ASSURANCE A. Standards 1686 1. Florida Turf Producers Association, all sod shall be Florida Standard Grade. 2. Federal Specifications (FS) 0-F-241 c (1), Fertilizers, Mixes, Commercial. B. Testing Agencv: Independent Testing Laboratory. C. Reauirements of Regulatory Agencies: Conform to the requirements of the State Department of Agriculture. 1.05 SUBMITTALS A. Certificates and Guarantee 1. Growers Certification and Guarantee a. All sod shall be Florida Standard Grade sod as defined by the "Florida Turf Producers Association" which is true to botanical variety and 98% free of weeds and foreign grasses. b. Florida Standard Grade may have no visible broad leaf weeds when viewed from a standing position, and the turf shall be visibly consistent with no obvious patches of foreign grasses. In no case may the total amount of foreign grasses or weeds exceed 2% of the total canopy. The sod shall be neatly mowed and be mature enough that when grasped at one end, it can be picked up and handled without damage. c. Grass species and variety, with date and location of field from which sod is cut. d. One certificate per truckload is required. e. Compliance with state and federal quarantine restrictions, if applicable. 2. Manufacturer's certification of fertilizer and herbicide composition. 3. Contractor shall submit all certifications, reports, etc., to the Landscape Architect a minimum of one week prior to installation. B. Maintenance Instruction: Prior to the end of the maintenance period; furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of all sodding throughout the full growing season. 1.06 DELIVERY. STORAGE AND HANDLING 1686 A. Deliver sod on pallets. B. Protect root system from exposure to wind or sun., C. Protect sod against dehydration, contamination, and heating during transportation and delivery. D. Do not deliver more sod than can be installed within 24 hours. E. Keep stored sod moist and under shade, or covered with moistened burlap. F. Do not pile sod more than 2 feet deep. G. Do not tear, stretch, or drop sod. 1.07 JOB CONDITIONS A. Begin installation of sod after preceding related work is accepted. B. Environmental Reauirements: 1. Install sod during months acceptable to the Landscape Architect or Owner's Representative. 2. Do not install sod on saturated soil. C. Protection: Erect signs and barriers against vehicular traffic. 1.08 GUARANTEE A. Guarantee sod for period of twelve (12) months after date of Final Completion. B. Replacement sod under this guarantee shall be guaranteed for twelve (12) months from the date of installation. C. Repair damage to other plants during sod replacement at no cost to the Owner. PART 2 - PRODUCTS 2.01 SOD A. Grass Species 1686 1. Stenotaphrum secundatum "Floratam", St. Augustine "Floratam" Grass - 50% sand grown. 2. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved. Field grown sod is not acceptable. 3. Florida Turf Producers Association: Florida Standard Grade 4. Bahia Sod, Paspalum notatum may be used in temporary, non-irrigated construction areas and along rights-of-way grass strips. B. All St. Augustine sod shall conform to the following requirements: 1. Furnish in pads that are not stretched, broken, or torn. 2. Size: Sod pads shall be 18x24 inches in size (plus or minus 5%) with a 1 IS inch thickness (excluding top growth and thatch). 3. Sod shall be uniformly 2" in height. 4. Thatch: Maximum IS inch uncompressed. 5. Inspected and found free of diseases, nematodes, pests, fire ants, and pest larvae by entomologist of State Department of Agriculture. 6. Weeds: Free of horse grass, nut grass, or other objectionable weeds or weed seeds. 7. Uniform in color, leaf texture, and density. 2.02 WATER A. Potable water free of substances harmful to plant growth, objectionable odor, or staining agents. 2.03 FERTILIZER A. FS 0-F-241 c (1), Grade A or B. B. The Chemical designation for granular fertilizer shall be 15-5-15, with at least 50 percent (50%) of the nitrogen from a non-water soluble organic source for all plantings. C. Apply and distribute by methods and rates as recommended by manufacturer. 2.04 HERBICIDES A. As recommended by the State Department of Agriculture. 1686 2.05 STAKES A. Softwood, % inch diameter, 8 inch length as required. PART 3 - EXECUTION 3.01 INSPECTION A. 3.02 A. J. Disk, till, and/or scarify existing soil to depth of four inches (4") in all areas to be sodded, to produce a loose, friable soil conducive to exceptional sod growth. B. Water dry soil to depth of 6 inches, 48 hours before sodding. INSTALLATION Transplant sod within 48 hours after harvesting. B. Repair all existing lawn areas disturbed by installation of irrigation and/or plantings which will not be sodded with new sod. C. Begin sodding at bottom of slopes. D. Lay first row of sod in straight line with long dimension of pads parallel to slope contours. E. Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to patch and/or top dress to eliminate gaps. Top dress all joints with sand only where gaps occur and can not be set with tight butt joints. F. Stagger end joints in adjacent rows. G. Do not stretch or overlap rows. H. Peg sod on slopes greater than 1 in 3 with minimum of two stakes per square yard. I. Water sod immediately after transplanting. (See 3.03) Roll sod, except on pegged areas, with roller weighing no more than 150 Ibs. per foot of roller width. Schedule rolling of sod to ensure observation by Owner and/or Landscape Architect. K. Water sod and soil to depth of 6 inches within four hours after rolling. 3.03 3.04 A. 1686 TURF ESTABLISHMENT A. Waterina 1. Keep sod moist during first week after planting watering twice daily. 2. After first week, supplement rainfall to produce a total of 2 inches per week. 3. It is the contractors' responsibility to water all turf areas. B. Mowina 1. Maintain St. Augustine grass as required until final acceptance between 3 inches and 3.5 inches in height. When grass reaches 4 inches in height, mow to 3 inches in height. 2. Do not cut off more than 50% of grass leaf in single mowing. 3. Mow with mulching type mowers. C. Resod spots larger than 1/2 square foot not having uniform stand of grass. D. Weed Eradication: If required between second and third mowing, apply herbicide specifically Recommended for grass type uniformly at manufacturer's recommended rate. E. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate 14 days after sodding and at three-month intervals thereafter. Thoroughly water in to avoid "burning" or damaging grass. F. The contractor shall maintain the sod areas for 90 days after installation, and prior to final completion, insuring the watering for lawn establishment and the mowing procedures as noted above are maintained during this period. Establishment period and maintenance of sod areas shall extend until final acceptance by the Owner according to the conditions of the Contract. CLEANING Immediately clean spills from paved and finished surface areas. B. Remove debris and excess materials from project site. 1686 C. Dispose of protective barricades and warning signs at termination of turf establishment. 3.05 SUBSTANTIAL COMPLETION. INSPECTION AND ACCEPTANCE A. Inspection of the entire project, or designated portion thereof. shall be made upon written request of Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by Landscape Architect at least five (5) days before anticipated date of inspection. C. Sod that has died, or is in unhealthy or badly impaired condition on inspection, shall be treated or replaced within 14 days at no additional cost to Owner. D. Replace or repair rejected sod within two weeks of inspection. E. Final completion of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall terminate on date the entire project, or designated portion thereof, is declared to be substantially complete by the Landscape Architect according to the conditions of the Contract; provided Contractor has supplied Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.05 of this section. END OF SECTION VIII 1686 SECTION IX MAINTENANCE DURING CONSTRUCTION PART 1 GENERAL These specifications are intended to provide the information by which the contractor may understand the minimum requirements of Collier County relative furnishing and delivering Grounds Maintenance for the road rights- of-way and medians within the project areas. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, latest edition, Index 600 Series. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the Current Edition of F.D.O.T. "Standard Specifications for Road and Bridge Construction" . B. The contractor shall maintain two-lane operation after working hours. All hazards will be removed as per applicable F.D.O.T. Indexes No. 600 - 660 before daily operations are complete. C. On-site work hours will be restricted to daylight hours and lane closures are restricted between the hours of 9:30 a.m. and 3:30 p.m. weekdays. D. This plan is a guide for the contractor. Coordination with the Naples F.D.O.T. District Maintenance Engineer is required. E. Emergency and unforeseen conditions may require the District Engineer to restrict or remove lane closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. 1.02 RELATED DOCUMENTS A. Construction Contract Milestone Schedule 1686 B. Section I C. Section VI D. Section VII E. Section VIII Traffic Control Plan / F.D.O.T. Indexes Irrigation Plant Material and Installation Sodding 2.0 SCOPE OF WORK The work covered by this Contract requires a weekly servicing of the Work Areas per all specifications and services as described in the specifications. This requires the furnishing of all labor, equipment, materials and services necessary to satisfactorily perform grounds maintenance, as determined by the Contract Documents, Project Manager or the designated Owner's Representative as follows: 2.01 LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below. The rights-of-way and median work areas of the said project. 3.0 CONTRACT STANDARDS The following are general contract standards required by Collier County for providing Grounds Maintenance during construction. 3.01 TRAFFIC CONTROL At all times while performing work required by this Contract, the Contractor shall provide and erect Traffic Control Devices and use procedures conforming with the "F.D.O.T. Roadwav and Traffic Desion Standards" Current Edition, and to other applicable Manuals or Indexes. The Contractor will be responsible for obtaining a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility; approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. An arrow board will be required under this Contract that meets F.D.O.T. traffic control requirements. Lane closure for median maintenance shall be limited. Upon proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager or his designee. (Hereinafter whenever the "Project 1686 Manager" is referenced in this bid document, it shall include by reference "or his designee"). 3.02. CONTRACTOR'S EMPLOYEES Employees of the Contractor shall be properly uniformed and provide a neat appearance. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees and Collier County requires the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the County. 3.03 ACCIDENTS OR THEFTS The Contractor shall be responsible each week to contact the Project Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should assistance of law enforcement, emergency personnel or others be requested, any costs incurred shall be included in the Contract unless otherwise approved by the Project Manager. 3.04 RESPONSE TIMES On a twenty-four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Contract Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shall be no additional charge for these responses. 3.06 GENERAL MAINTENANCE REPORTING The Contractor shall report maintenance work and observations as part of the weekly Contractor's Meeting Report. The Contractor will also be required to conduct on-site observations with the Project Manager or Owner's Representative on a weekly basis to verify satisfactory completion of Contract requirements. 4.0 BASIC MAINTENANCE FUNCTIONS A. MOWING AND EDGING 1686 Mowing and edging shall only include the medians that contain turf or any immediate turf areas surrounding or within a work area that is tied up for more than seven (7) days, along the rights-of-way involved in the contracted work. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 Y:,"). The frequency of cutting will be weekly. The number of mowings may be modified by the Contract Manager or by seasonal weather conditions at the Contract Manager's discretion. The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +1-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. IRRIGATION SYSTEMS The sprinkler systems shall be checked and repaired as necessary. Quick coupling valves shall be reviewed weekly and operated to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, and valves to insure proper coverage, review of filters and backflow preventers, replacement of heads and nozzles, installation or replacement of risers, repair of minor breaks or restricted sprinkler lines, 1686 replacement of damaged valve boxes/lids and adjustment of controllers and rain shutoff switches for settings and operation. Labor costs for these services shall be included in the Contract Proposal. Faulty or non-accident related materials or parts required for repairs shall be under warranty and at no additional charge. Major accident damage repairs to the sprinkler system including repair of valves, mainlines, time-clocks, damage by vehicles or electrical wiring problems not caused by the Contractor or their sub- Contractors will be considered as additional expenses to the Contract. These additional expenses shall be charged as a time and material billing. All additional expenses must be approved by the Project Manager prior to proceeding with the work. MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Contractor shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Contractor's responsibility to notify the Project Manager of any irrigation problems or additional irrigation maintenance needs. 3. The Contractor shall maintain on-site, where required, the County supplied reclaimed water irrigation signage. Cost to install replacement signs shall be considered additional services and be billed on a time and material basis. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon by the Contractor and the Project Manager prior to performing additional services. The irrigation service personnel shall have on-site two-way hand-held communications during all services and/or inspections. C. WEEDING Weeding of plant beds, sidewalks, guardrail bases, tree grates, curb and paving joints and other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. D. GENERAL SITE PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes 1686 E. TRASH REMOVAL With each service, all site work areas shall be cleaned by removing all trash or debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-up shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Proposal Price. F. STREET CLEANING Street Cleanino A four-foot (4') wide area measured from the face of the curb and gutters including turn lanes and medians shall be cleaned with each site service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. G. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES 1. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees or a Subcontractor as determined by the Project Manager, they shall be replaced at the Contractor's expense under the warranty. 2. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. 3. It shall be the Contractor's responsibility to notify the Project Manager of any maintenance problems or additional maintenance needs. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Project Manager prior to performing additional services. 5. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. 1686 6. The Contractor shall have radio, cellular phone and/or beeper equipment for on-site and off-site communication in order to communicate with the Project Manager. SECTION III. SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes. B. FERTILIZATION The following fertilization schedule is provided as a monthly guideline for the fertilization of the plant materials during the contract until project completion. The Contractor is responsible for providing fertilization of the newly installed plant materials until project completion. The Project Manager reserves the right to change the fertilization schedule and formulation as needed to meet special turf or plant needs or other unforeseen conditions which may develop. Prior to fertilization application, notification to the Project Manager is required to allow for inspection of all bags. Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve-inch (12") radius ring around the base of the plants. Trees and palms shall be fertilized by hand in a thirty-six inch (36") radius ring around the base. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcover shall receive one-half (Yo) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. St. AUQustine "Floratam" Grass Granular fertilization of St. Augustine "Floratam" grass shall be applied by rotary spreader at the recommended rates seven (7) times per year as set forth in the following schedule. Months Formulation Application Rates December 21-0-0 4.5 Ibs. /1,000 sq. ft. 1686 February 15-5-15 (SR) 6.5 Ibs. 11,000 sq. ft. April 0-0 22 So-Po-Mg 10.0 Ibs. 11,000 sq. ft. May 15-5-15 (SR) 6.5 Ibs. 11,000 sq. ft. July 13-3-13 (SR) 7.0 Ibs. - 1,000 sq. ft. September 0-0 22 So-Po-Mg 10.0 Ibs. 11,000 sq. ft. October 15-5-15 (SR) 6.5 Ibs. 11,000 sq. ft. Shrubs, Groundcovers, Palms and Trees Trees with tree grates shall have the fertilizer applied along the house side of the tree grate and poured into the tree grate slot openings. Months Formulation Application Rates October 9-11-11 12.5 Ibs. 11,000 sq. ft. February 9-11-11 12.5 Ibs. 11,000 sq. ft. April 0-0 22 So-Po-Mg 10.0 Ibs. 11,000 sq. ft. May 9-11-11 12.5 Ibs. 11,000 sq. ft. July 9-11-11 12.5 Ibs. - 1,000 sq. ft. September 0-0 22 So-Po-Mg 10.0 Ibs. 11,000 sq. ft. Applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon should be applied during the months of March, June, September and December. The application is to be a drench, at the root zone of any plants subject to iron deficiencies as determined by the Project Manager. Applications of 20-20-20 at ten (10) pounds of materials per one hundred (100) gallons of water with Ferrmec AC 13-0-0 plus 6% iron at 1/3 gallon of material per one hundred (100) gallons of water. C. ORNAMENTAL AND TURF SPRAYING Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas is included in the Contract. 1686 1. It is required that the Pest Control Firm performing these services shall possess and provide the following to the Contract Manager: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience approved by the Owner. c. Current Contractor's Occupational License for Pest Control Service. 2. The Pest Control Firm shall provide an overall written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. 3. The Pest Control Firm shall make on-site inspections and provide written reports to the Contract Manager once per month. 4. Methods of Application: One hundred percent (100%) coverage and penetration shall be provided. Insecticides and Fungicides shall be applied at the proper pressure to provide maximum coverage. Chinch bug treatments shall be applied at a minimum rate of ten (10) gallons of spray mix per 1000 square feet of treatment area. a. Insecticides should be alternated from organophosphates to pryrethroids like to prevent an insect immunity to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Herbicides shall not be applied when the temperature exceeds eighty-five (85) degrees. 1686 d. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. e. Spray applications shall be applied during times of "No-Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3000) pounds will be allowed within or on the median areas. g. At time of application, provide and place, traffic control meeting Florida Department of Transportation, M.U.T.C.D and Indexes. h. All spray application shall contain a wetting agent within the mix when recommended by the label or Projectt Manager. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacture's labels. 6. Materials List: All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Manager for review and approval. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on-site inspection reports. a. Turf Areas: Insecticides & Fungicides - Applications on an as needed basis. Herbicides - Applications, to include Pre-emergent in February and September, Post- emergent in November, January and March or on an as needed basis until project completion. b. Groundcovers, Shrubs and Trees: 1686 Insecticides & Fungicides - Applications on an as needed basis. c. Bed Areas: Herbicides - Applications, Pre-emergent in February and September, Post-emergent in November, January and March or on an as needed basis. 8. Additional Requirements: When it becomes necessary for the Contractor to return for additional spraying as directed by the Contract Manager due to non-performance of a required application, such additional spraying shall be performed at no cost to the Owner. D. MULCHING Oroanic Mulch Mulch shall be maintained to the plan specified coverage and depths. Non-Orqanic Mulch Mulch shall be maintained to the plan specific coverage and depth. F. IRRIGATION SYSTEMS This site may have both subsurface irrigation and conventional pop-up sprinkler systems. Subsurface Irrioation Svstem 1. A visual inspection of the subsurface irrigation system shall be done weekly to determine if there are cuts, leaks or other line damages or problems. 2. All non-accident related cuts, leaks or other line damages found during weekly servicing of the work area shall be repaired immediately and at no extra cost to the Owner. All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Project Manager for review and approval. 3. No excavation or mechanical edging shall be done within these areas without prior notification to the Project Manager. 4. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 1686 5. Check the controllers and rain sensing devices for proper operation and settings. Conventional Pop-uP Sprinkler Svstems Week Iv Service Requirements: 1. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair of blown-off heads, broken lines or leaks around heads or valves. 3. Check the controllers and rain sensing devices for proper operation and settings. 4. The Contractor shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. The Contractor shall review the plants within irrigated Work Area, for dry conditions and if found, correct the problem immediately and advise the Project Manager. Monthlv Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and emitter lines as necessary to ensure for proper coverage and that no sprinklers heads/nozzles are spraying directly into the roadway. General Service Requirements: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all controllers set to the mandated hours of operation set by the District. 2. Replace defective piping, emitter piping, heads, nozzles and risers, and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Contractor. 4. Inspect, clean and replace, if necessary, screens/filters within the sprinkler heads. 1686 5. Use only County approved replacement parts, and use only matched precipitation head replacements. Replacement sprinkler heads shall be supplied by Collier County. 6. Keep grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished mulch level. Inside of all valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100%) accessible. 7. One hundred percent (100%) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. 8. Notification to the Project Manager is required when acts of vandalism or accidents have occurred to the irrigation system, G. DECORATIVE PAVERS AND PAVING All decorative paving areas shall be reviewed with each weekly service to determine if damage or problems exist. Upon finding damage or problems to the paving, an immediate notification to the Project Manager, or his authorized representative is required. Upon finding damaged areas, the Contractor shall clean-up debris if present, and/or flag off the areas with protective barriers and/or high visibility hazard tape. The Contractor shall submit a proposal as soon as possible for repair or replacement of the damaged brick curbing or paving areas. Repairs to the paving not related to the Contractor or their sub-Contractor's will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and material billing with the bricks being provided to the County. All additional expenses must be pre-approved by the Project Manager. END OF MAINTENANCE DURING CONSTRUCTION SECTION 1686 EXHIBIT K PERMITS GC-CA-K-1 168 Application Number: 041102-10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS A..."';IA ')nnJ: e. .", SOUTH FWRIDA WATER MANAGEMENT DISTRICT . 330l Gun OubRoad. West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS ]-8OIJ..432~2045 . TOO (561) 697-2574 Mailing Address: P. o. Box 24680. West Palm Beach- FL 33416-4680 . www.sfwmd.sov CON 24-06 Application No.: 041102-10 General Permit No.: 11-D2014-W April 4, 2005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 EAST TAMIAMI TRAIL NAPLES, FL 341404 R f. (': ~;., '" :"'r "..,......-.."'!tfC:.."'. A':,':!.: c, ., T.E & C .. D ..... apt Dear Permittee: SUBJECT: General Water Use Permit No.: 11-02014-W Project: GOLPEN GATE BLVD 4 LANE IMPROVEMENTS location: COLLIER COUNTY, S1,2,11,121T49SJR26E S3-1O/T49SJR27E Permittee: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS This letter is 10 notify you of lI1e District's agency action concemlng your Notica of Intent to Use Water. This action is taken pursuant to Chapter 40E-20, Florida Administrative Code (FAC.). Based on the information provided, District rules have been adhered to and a General Water Use Permit is in effect for this project subject to: 1. Not receiving a filed request for Chapter 120, Florida Statutes, administrative hearing and 2. The attached Limiting Conditions. The purpose of 1I11s application is to obtain a Water Use Permit for lI1e iandscape irrigation of 13 acres of turf using a sprinkler irrigation system. Withdrawals are from the Lower Tamiami Aquifer via five proposed withdrawal facilities. Prior to drilling the proposed weils, n wiil be necessary for you to obtain well construction permits from Coilier County Customer Services. GOVERNING BOARD EXECUTIVE OFFICE Kevin McCarty, Chair Irela M. Dague, Viu-Ch4ir Pamela Brooks-Thomas Alice J. Carlson Michael CoUins NicolAs). Gutil!rrn, }r.. Esq. Lennart E. Lindahl. P,E. Harkley R. Thornton MalcolmS. Wade,}r. Henry Dean, E.ucuJivr Director ... 1686 Application Number: 041102-10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS April 4, 2005 Page 3 Should you object to the limiting Conditions, please rafer to the attached Notice of Rights which addresses tha procedures to be followed if you desire a public heering or other review of the proposed agency action. Please contact this office if you have Questions concerning this matter. If we do not hear from you prior to the time frame specified In the Notice of Rights, we will assume that you concur with the District's recommendations. fML Certificate Of Service I HEREBY CERTIFY that a Notice of Rights has been mailed to the addressee not later than 5:00 p.m. this 4th day of April, 2005, In accordance with Section 120.60(3), Florida Statutes. Sin::, O~ 2ry O. Bengtsson P .G. Sr Hydrogeologlst Water Use Regulallon Division TOB Ijh Certified Mail No.: 70032260000719136113 Enclosure c: Audubon of Florida Board Of County Commissioners Collier County Compliance Services Collier County Transportation Div of Recreation and Park - District 8 Florida Fish & Wildlife Conservation Commission Leonore Reich S.w.F.R.P.C. 1686 Application Number: 041102-10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS April 4, 2005 Page 4 Limiting Conditions 1. This permit shall expire on April 4, 2025. 2. Application for a permit modiflcation may be made at any time. 3. Water use classification: Landscape Irrigation 4. Source classifocation is: Ground Water from: Lower Tamiami Aquifer 5. Total annual allocation is 18.3121 MG. Total maximum monthly allocation is 2.2391 MG. These allocations represent the amount of water required to meet the water demands as a result of rainfall deficit during a drought with the probability of recurring one year in ten. The Permittee shall not exceed these allocations in hydrologic conditions less than a 1 in 10 year drought event. If the rainfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable-beneficial demands under such conditions, provided no harm to the water resources occur and: (a) AU other conditions of the permit are met; and (b) The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter 40E-21, FAC. 6. Pursuant to Rule 40E-1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E-1.6107, FAC. Pursuant to Rule 40E-1.6107 (4), until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: Collier County Board of Commisioners 3301 East Tamiami Trail Naples, FI. 34104 1686 Application Number: 041102-10 COLLIER COUNlY BOARD OF COUNTY COMMISSIONERS April 4, 2005 Page 5 LlmiUng Conditions 7. Withdrawal Facilities: Ground Water - Proposed: 5 - 6" X 100' X 80 GPM Wells Cased To 70 Feet 8. Permittee shall mftigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic condftions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to wfthdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off-site land uses caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permft or other govemmental authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction, mining, drainage canal, etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (3) Land collapse or subsidence caused by reduction in water levels associated wllh consumptive use. 1686 Application Number: 041102-10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AprU 4, 2005 Page 6 limiting Conditions 10. Permmee shall mlllgate harm to the natural resources caused by the permmee's withdrawals, as determined through reference to the condllions for permll issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results In harmful lateral movement of the fresh waterlsall water interface, (2) Reduction in water levels that harm the hydroperiod of weUands, (3) Significant reduction In water levels or hydroperlod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants in violation of state water quallly standards, or (5) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit Is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. 12. Authorized representatives of the District shall be permitted to enter, Inspect, and observe the permitted system to determine compliance with special conditions. 13. The Permmee is advised that this permll does not relieve any person from the requirement to obtain all necessary federal, state, local and special distrlcl authorizations. 14. The permit does not convey any property right to the Permmee, nor any rights and privileges other than those specified in the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permmee shall submit all data as required by the implementation schedule for each of the limiting conditions to: S.F.W.M.D., Supervising Hydrogeologlst - Post-Permit Compliance, Water Use Regulation Dept. (4320), P.O. Box 24680, West Palm Beach, FL 33416-4680. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District In accordance with the Water Shorlage Plan, Chapter 40E-21, F.A.C. The Permmee Is advised that during a water shortage, pumpage reports shall be submmed as required by Chapter 40E-21, F.A.C. 1686 Application Number: 041102-10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS April 4, 2005 Page 7 Limiting Conditions 17. The pennillee shall comply with Mandatory Vear-Round Landscape Irrigation Measures for Lee, Collier and Charlotte Counties, as established by Chapter 40E-24, F AC. Landscape Irrigation is prohibited daily between 10:00 a.m. and 4:00 p.m.; and, landscape Irrigation of nonathletic play fields (golf courses, ball fields, tennis courts, etc.) with even addresses may irrigate Tuesday, and/or Thursday and/or Sunday, and odd addresses or locations without an address may irrigate Monday, and/or Wednesday and/or Saturday. Exceptions to the nondaytime and three-day per week schedule are described below. a. Landscape irrigation systems may be operated during restricted days and/or times for cleaning and maintenance purposes no more than once per week for no more than 10 minutes per test. b. Landscape irrigation for the purpose of watering in Insecticides, fungiCides and herbicides, when required by the manufacturer or by federal, state or local law, shall be allowed providing that the watering-in shall be limited to one application in the absence of specific alternative instructions, and the watering-in shall be accomplished during nonnally allowable watering days and times unless a professional licensed applicator has posted a sign listing the dates of application and necessary watering-in activity. c. Any plant material may be watered using low-volume hand watering methods without regard to the watering days or times allowed pursuant to this measure. 1686 NOTICE OF RIGHTS Section 120.569(1), Fla. Stat (1997), requires that "each Donee shall infonn the mcipient of any administrative hearing or judicial review that is available under this section. s, 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial mriew, and shall stale the time limils which apply," Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed bektw may be an applicable or appropriate remedy. You may wish to consuh an attorney f'esarding your legal rilhu. PETITION FOR ADMINISTRATIVE PROCEEDINGS 1. A pmon whose substantial interests arc affected by the South F10rida Water Management District's (SFWMD) action bas the rigbt to request an administrative hearing 00 that action. The affected penon may request either a formal or an infonnaJ hearing. as set forth below. A point of entry into adminisbative proceedings is govc:med by Rules 28-106.111 and 4OE.l,S 11. Fla. Admin. Code, (also published as an exception to the Unifonn Rules of Procedure as Rule 4OE-O.l 09), IS set forth below. Petitions are dccmcd filed upon rccciPI of1hc original documents by the SFWMD Clerk. a. Fmmal Administrative Hearin2: If a genuine issue(s) of material fact is in dispute. the affocted person scc1dng a fannal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1). Fla. Stat. or for mediation pwsuant to Section 120.573. Aa. Stat within 21 days. except as provided in subscc:tions c. and d. below. of either written notice through rrail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28.106.201 (2). Fla. Admin. Code,. a copy oftbe which is attacbed to this Notice of IQghts. b. Informal AdministJative Hearin2: If there are no issues of JT1l1eria1 filet in dispute. the affected person seeldng an informal hearing on a SFWMD decision which does or may determine their sub_rial interests shall file a petition for hearing pursuant 10 Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573. Fla. Stat within 21 days. except as provided in subsections c. and d. below. of either written notice throu,gh mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of IQghts. C. AdministrativeCOITJ)!ain1 and Order: If a Respondent(s) objects to a SFWMD Administranve COJl1llaint and Order. pursuant to Section 373.119. Fla. Stat. (1997), the person narmd in the Administrative C~1aint and Order JTIl)' file a petitim for a hearing no later than 14 days after the date such order is served. Petitioos must substantially comply with the rcquirc:rncnb of either subsection a. or b. above. d. State l.m1ds Environmental FP-VlIII'CC Pmnit: Pummnt to Section 373.427, Fla. Stat, and Rule 40&1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rnles of Procedure as Rule 408- O.l09(1Xc)). a petition objecting to the SFWMD's agmcy action IqaJding consolidated applications for Environmental Resource Perml1s and Use of Sovereign Submerged I.Jmds (SLERPs),l1Nst be filed witbin 14 days of the notice ofconsolidatcd intent to grantor dmy the SLERP. Petitions tnlst substantially comply with the requirem:nts of either subsection a. or b. above. e. Ememencv Authnri7J11ion and Order. A pason whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569. 120S1(llt and 120$1(2). Fla. Slat, as provided in subscctioos a. and b. above. However, the person, or the agenl of the person respmsible for causing or contributing to the emergency conditions sbaJllake whatever action necessary to cause immediate coft1)1iancc with the terms of the Emergency Authorization and Order. f. Order for Emcr2cncv Action' A person. whose subsbmtial interests an: affected by a SFWMD Order for Emergency Acnoo has a righl to file apetition pursuant to Rules 28-107.005 and 408-1.611. Fla. Admin. Code, copies of which are attached to dDs Notice of Rights. and Scctim 373.119(3), FIa. StaL. for a hearing on the Order. Any subseqUalt agency am or proposed agency actim to initiate a formal revocation proceeding shall be separately nwced pursuant to section g. below. g. Permit ~l~sinn Revocation Annu1mr:nt. and Withdrawal' lfthe SFWMD issues an administrative complaint to suspend. :revoke,. annul, or withdnlw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, AI. Sial, within 21 days ofeitha written nooce through mail or posting or publication ofnotice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements ofRuIc 28-107 .004(3lt Fla. Admin. Code, a copy of the which is attached to this Notice ofRigh1S. 2. Because the administrative hearing process is designed to formulate final agency action, the filinS of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 4OE-l.51 1(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 4OE-Q.I09(2Xc))' an additional 21 days tTom the date ofreccipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.5 I 1(4). Fla. Admin. Code. substantially affected persons entitled to a hearing pursuant to Section 120.57(1). Fla. Stat. may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat, which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3). Fla. Admin. Code, persons may file with the SFWMD a request for extension of time fOT filing a petition. The SFWMD, for good cause shown. may grant the extension. The request for extension must contain a cenificate that the petitioner has consulted with all other parties, ifany, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stal, any substantiany affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just cOJl1>CDsation fI'1I,y seek judicial review of the action in circuit court by tiling a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., IIIlY citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws ofOlaptcr 373. Fla. Stat, and Title 4OE, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the corf1)Jaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of m::eipt, the complaining party may then file a civiJ suit for injunctive relief in the I SV' Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat, a private citizen ofFtoridl may file suit in circuit court to require the abatement of any stormwater management syslml, darn, impoundment, reservoir. appurtenant work or works that violate dle provisions ofChaptcT 373. Fla. Stat 16B6 DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68. FJs. Stal, a party who is adversely affi:ctc:d by final SFWMD action mil)' scckjudieial review of the SFWMD's fmaI decision by'Iilinga _ofappelll punu1lIlI 10 FIoridll Role of Appell'" Proccdun:9.110 in the Fourth Dislrict Coort of AppeoI or in tIleappell'" dislricI where 1 porty n:sides and Iiling 1 _ copy of the noli.. with the SFWMD CIaIt within 30 doys of=dering of the fina1 SFWMD oction. LAND AND WATER ADJlJDICATORY COMMISSION 9. A porty 10 a ''proceeding below" I1l8l' _ rrnew by the Land and W_ Adjudica10ry Commission (LAW AC) of SFWMD's tinal ogcn<y l<Iioo 10 dclelmine ifsuoh action is COIlSi.... will1l11. provisions and purposes ofO>aptor 373, FIa SIal. I'u1suanIIo Scc:Iion 373.1 14, FIa SlII., and Rules 42-2013 and 42-2.0132, FIL Admin. Code, a !<quest for miew of (I) an order or rule of the SFWMD must be filed with LA WAC will1in 20 doys after rendition of the order or adopIioo of the rule !Ought to be lOViewed; (b) an order ofll1. DqNoanent ofEnvironmenlal_on (DEP) _irinS .....idr,_ or repeal of 0 SFWMD rul. must be fiIcd with LAW AC will1in 30 days ofrendition of1he DEP's order, and (c) a SFWMD orderenleled punu1lIlI to 1 formal administJoli.. hearing under SeClion 120.57(1), AL SlII.. must be filed no later than 20 d8)'5 after rendition of the SFWMD's final order. SimulbmcOuS with filins. a copy oflbe I"Cqlat for n:vicw must be served on the DEP SemtIry, any person named in the SFWMD or DEP final order, and all parties to Ihc PrD(:ClCdinl below. A copy of Rule 42.2.013, FIe. Admin. Code is an.:hed to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECI10N ACI' 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use oCtile real property, or a vested right to 8 specific use ofthc real property, may file a claim in thc cirwit COOIt where the real property is located within I year of the SFWMD action pursuant to the procedures set fbrdt in Subsection 70.001(4)(0~ AL Stat LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION II. A properly owner who 11I1_ that 0 SFWMD development order (asll1l1l term is defined in SeClion 70.5 I (2)(0), AL Sllll to include permits) or SFWMD enforoemcnt action is UIR8SOI1ab1e, or unfairly burdens the use of the n:al property, mil)' file a request: for relief with the SFWMO within 30 days of receipt of the SFWMD's onler or notice of agency oction pursuant to 1I1. proccdun:s'" fudh in Su_ons 70.51 (4) and (6), AL S.... MEDIATION 12. A person whose substantial intcn:sIs are. or may be, affr:ctcd by the SFWMD's action may r;hoose mcdildion as.. alternative remedy under Scdion 120.573, Ao. S.... Pursuant 10 Role 28-106.1 II (2~ F\a. Admin. CocIc, 1he petition for mediation shall be filed willliD 21 doys of .ither wrillr:rl noti.. t1wou@lt mail or posting or publtcation of notice that the SFWMD has or interuk to take final agmc:y ac:tion. OIoosing mediation will not adversely affect the right to 111 administrative bearing if mediabon does DOl result in settlement Pumulnt to Role 28-106.402, AL Admin. Code, the __ of the petition fur medilllion shall conlain the following infOJJJUllion: (I ) the name, address, and tdephone number of the person requestinS medialion and 1I111l person's tcpn:sCIItlIIiv if any; (2) a statement of tile preliminary agency action; (3) an explanation of how the person's substantial interests wHl be affected by the agcnc:y determimlion; and (4) a statement of relief sought. As provided in Section 120.573, Ao. Sllll (1997), the timely agreement of 11I1 the parties to medi... will toIll11. time: limillllions impoo<d by SeClions 120.569 and 120.51, PIa. Stat, for requesting and holding an administrative hearing. Unless otherwise agreed by the partics, the mediation must be oonduded within 60 days or1he execution of the agreement lfmediation results in seu1ement of tile dispute, the SFWMD must enter 8 fmal order inoorponding the agreement of the parties. Persons whose substantial interest will be affected by such a modified agenr;y decision have a right to petition for hearing within 21 days of ret:eipt of the final order in acc:ordancc with Ihc requimnents ofSeClions 120.569 and 120.57, AL SlBl, and SFWMD RoI. 2S-106201(2~ AL Admin. Code. If mediation termin.... without _ of1he dispute. the SFWMD shall notify all parties in writing that the administralivc hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the di_ and 1I1. notice will specify 1I1. deadlines lI1allhen will "",Iy for challenging the agency action. VARIANCES AND W AlYERS 13. A pcBOO who is subject to regularion pwsuant to a SFWMD rule 8l1d believes the application of that rule will cmdc a substantial hardship or will viol.atc principles offaimess (as those terms a:re defined in Subsection 120.542(2), Fla. Stat) and can dcmonsb'Blc tha1 the purpose ofthc: lDIdc:rJying stalUtc will be or has been achieved by other means, may file a petition with the SFWMD CICJk requesting a vanBnCC from ex waiver of Ihe SFWMD tuJe. Applying for a variMK:c or WIlivcr does not substitute or extend the time for filing a petition for 11I1 administndive hearing or exercising any other right that a person may have ronccming the SFWMO's action. Pursuant to Rule 28-104.002(2). Fla Admin. Code, the petition must include the fbJlowing infonnation: (0) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone nwnberand any facsimile nwnber ofthc petitioner; (c) The nllllC, address telephone number and any facsimile number oftbe Ittomcy or qualified representative of the petitioner,; (d) the applicable rule or portion oCtile rule; (e) the citation to the statue the rule is implementing; (I) 1I1. type of action requesred; (g) the spccifir; facts that demonstrak: 8 substantial hardship or violation of principals of fairness that would justifY a waiver or variance for the petitioner; (h) the reason why the variance Dr the waiver requested would serve the purposes of the UDlkrlying statute; and (i) a statement ofwhethcr the variance or waiver is permanent or temporary, lfthe variance or waiver is lCmponuy, the pr;rition shall include the dales indicating the dunllion of the requested variance (I' waiver. A person requesting an emergency variance from or waiver ofa SFWMD rule must clearly so state in the caption of the petition. In addition to the ~quirements of Section 120.542(5), Flo. S.... pursuant to RuI. 2S-I04.004(2), Flo. Admin. Cod., 1I1. petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show thai the petitioner will suffer immediate adverse effect unless the varilUlce or waiver is issued by the SFWMD more expeditiously than the applicable timc:frames set forth in Section 120.542, Fla. StIt. WAIVER OF RIGHTS 14. FailUfC to observe the relevant time frames presmbed above will constitute a waiver of such right 28-106.20] INITIATION OFPROCEEDJNGS (INVOLVING DJ.SPt1I'EI) ISSUES Of" MATERIAL 'ACT) (2) AU petitiom filed wtder these rules shall contain: (8) The name and address of each agency affected md ca<:h agency's file or kJentification nwnber, iCknown:; (b) The n.me, """"" ond tclephm. numb.. oflh. petitimor; 1110....... ""'- ",d tclcph....n_ of 1110 petitioner'. _..tive, 1.6 B which sh8I1 be the address for servicc purposcs durinatheCOW1C of1heproceeding. and In explanation oChow thcpetitioncr's substantial interests wUl be affected by the agency detcnninatioo. A sl8tcmml of when and how the petiticmc received notice of'the agency dccisioo; A stalen1mtohll disputed issucsofmltmaJ fact. lfthcre IIRnone, the-petition must so indicate; A concise stalemml of the ultimate tacts aUqed. as ~n as thero1es and staluta which entitle the petitioner to relief; and A demand for mid (c) (d) (.) (f) 18-106.301.1 INITIATION OJl'PROCEEDJNGS (HOT rNVOLVING DlSP11lBD ISSlIESOFMATERIAL FACT) (2) An pdjtions filed underth12 rules shall cootain: <a) The name and address of each agalC)' IIffccted and each _seney', file or idmtification nUlMer. ifknown: (b) The name, address. and tclcpJxne number of !he pc:tjtioner; the name, address, and teJcphooe number of the petitioner's represc:ntadve. if any, which shall be the addmss for service purpa>es durinl the toUJJc of the proceeding,.and an explanation of how the pcti1ioncr', substantiBl inCm$ts will be a1fected by Ihe agency detmninatioo; (e) A stBtcmcnl ofwhcn and how the petitioner received notice of the aseney decision; (d) A concise 5Wemen1 oflhe ultimate:l3cfs alleged,as well as the ruJes and statutes which entitle the pedtjonc:r to relief; IUXI (e) Ademandforrelicf. 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, OR wmtDRA WAL (3) Requf.$l5 for hearing filed in acconlance with this rule shall include: (a) The name and addmal of the party making the request, for puJpOSCS of service~ (b) A statement that the pIl1ty is requc:stmg a hearing involving disputed issues ofmateriaJ fact., or a hearing not involving disputed issues ofmateriaJ fact;and (c) A reference to the notice, order to show cause, administrative complaint, or other cormMIicatioo that the p8J1.y has reccMd from the agency. 41-1.013 (l) (2) REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.117 In any proceeding arising under- Chapter 373, F,S., review by the Aorida Land and Water Adjudicatory Commission may be initiated by the Depll7tment or a party by filing a request for such review with the Secrcwy of the Commission and serving a copy on any person named in the rule oronlct, Illld on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of servicc llll rcquirt;d by this subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. FaHure to file the request with the Commission within the time period provided in Rulc 42-2.0132 shall T'C$uh in dismissal of the reqUesl for review. The request for review shall identify thc rule or order requesled to be reviewed, the proceeding in which the rule or order was enlCrCd and the nature of the role oronler. A copy ofthcrole or order sought to bcreviewed shall be:attachc:d. The requC'St forrevjew shall slate with particularity: (a) How the order orrute conflicts with the requirements, provisions and purJ)05ClI ofChapt&:r 373, F.S., or rules duly adopted thereunder; (b) How the rule oronier sought to be: reviewed affects the interests of Ute party seeking review: (c) The on1l or written statement, sworn or unsworn, which was subnitted to the agency concerning the matter to be reviewed and the date and location of the statement., if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chllpler 120. F.s., on the Older for which review is sought; (d) If review of an ortler is being sought, whctha' and how the activity authorized by the order would substantially aft'cct natural resources of statewide orrcgiona] significance. or whether the order raises issues ofpo1icy, statutory inlr:rpJtUition. or rule interpretation that have regional or statewide significance from a standpoint of agency precedent., and aJlthe factual bases in the record which the petitioner claims suPPOrt such detemrination(s); and (e) The action requested to be taken by the Conunission as a result of the review, whether to rescind or modify the order, or remand the proceeding 10 the water management di9trict for further action, or to require the water management district to initiate rulemaldng to adopt., amend or repeal a rule. 18-107.D05 EMERGENCY ACTION (I) If the agency fmds that immediate serious danger to the public health. safety, or welfare requires emergency action, the agency shall summarily suspend, limit,orreslrictalicense. (2) The 14~aynotice requirement of Section 120.569(2)(b). F. S., does nOl apply and shall not be construed to prevel'll a heming at the earliest time practicable upon mjuestofan aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (I) of this rule, the agency shall initiate a formal suspension or ~ocariOll proceeding in compliance with Sections 120.569. 120.57. and 120.60, F.S. 40J;.1.611 EMERGENCY ACTION (I) An emergency cxists when immediate actioo is nccessary to protect public health, safety or welfare; tbe health of animals. fish or aquatic lifc; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued. after the: expiration of the tl:quisite time for compliance: withthatordcf , I I L.. .,!i ~.~., . "r:'!it" .... . ..4.,.;:.' Permit Expiration Basins I Exhibit 1 ~, \.. -~,,- I ,.\ J c I/.........r,. -~......,., I \,~" ''''',''--~~'---r----- ____..".._i \t:1~j \", I ~~ > I ,;/ .'- 1 ';-'-----"1--..--.( ! 3 ~'-'! I \..~ i ~~--- ---- ---- - _J -'- ~ I i~ I I i t j----'"'-- ,- -.. J 1_" , rf--,-,---..---, l ~,;. I on '1, i( ~'" j! ":0''\.', i 'v! .::., ~ ,;fro" I \ -,,?,j l "\ I '~' .~ \.." ) I ~~L'. (" ,,,.-> II 'v'> t:'~ t .J ~~. t .Jt--,.-..-.----."'---"--+-------.--H--~r-.- ~~.:t~f.....,.,€,:'~' ~~t:\_~)_ ... "~~~:,<~t?J SOUTH FLORIDA WATER MANAGEMENT DISTRICT , , I i I /- _ Okeechobee Service Area o 10 20 30 40 50 MIl.. , . 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"" -.... . +. - + --t -t-- . +-_+_ +- -t - j.- . ,- -+ .+-t . /0 -.y'++- /. 0 . + - I. -+ - ~ - -t_ -~.-t - + - +-+- ~.~-;. , _......--t- .... l2 -+--+--t-+-+- .+.+ --t.-t-+-. .+_+_-+ _+.-t_ _..._-t_+. .j.--t- _-t_+_-t_-t_+_ -;-;-;'+-:- -+--t-+--+-+- -+. +-+.+.+- , , , , , _;_~ _+_-t_+. -+-....+--+-+- - +-+-+.+-.... I, , , .+- +-+--t-+- " , , . -;-:...-+-+. --t-+- -t -+---t_ --t_-t_+_+_+_ _-t_+ +.+ .-t- -+--t-+--t-+- -+--t .+--t -+- --t-+ .+_-+_-t. -1"- -t.+---t.-t. _-t_-t_+_-t_ --t--t -+ -.j.- _+_-t_-t_+. --t--+ - +_+.-t_ --t.... --t" +. -t. --+-+-+-.j..+ - _+_ + --t--+.-+- -; - ~ . + - ~ - ~- -;-:-+-~-+- _-+_ + --t-';'_ +_ -~- t-':'-t-~- - -~ - + - . --+ - +.-t. + , --+--t.-t . ,. z~ 1686 i2 i2 .-t. -+ .-t. -t_-+_ -+-.:.--+.+....- , , ' 1/' --+... +--",,-+- , ';," --t-+-. --t .-+. _ +_-!-_ --t- t. .+ _+. -+--t- .-t --t.-t-+-+-- . -+--t.-t.-t.-t- -+.-t.+ .-t--t. 00 -;- ;-;--t .:. _-t.+_+ .-t.+. .+ -+. +-+--+- _+ .+_+_+.-t_ -+- -t- -+-+- - +.+ -+-+-+- _-t.+ -t--t--t- --t.-t -+ -+ -+- -+ --+ -t-...--t- - -t--+ -~ - -t- +- -;-+-;.-+-+- .;' ;';-+. +-- -...--t-+--t--t- , , , , , .;-;--;-;--+- -...--t--t--t.-t- .+..;.-.;.- +-+- -+ -.. ..~ . + . -+- .,. .,. .-+.+-+. -;-' -+-+-+- +-+-1".-t. --t--t -+-+.+-. -....-t--t-.;.-+- -t--t_-t.+ . -t--t-+--+-- -;~+.+~+.... . -t.....+ --t- . -t-.... -t--t- -;-+.+-+.+- -;- --t-;.-t--:-. - t-; -; - -:--;- --t--t-..-+--+ _-t.+_ -t-...--t- -; -+.....-t ';' --t.-t....-..- .-t.-t -t- Exhibit 2 ~ .., Ii! ~ .... Ii! <:> Ii! ... Ii! ~ , , 1686 Map for Permit Renewal 26 25 "'" ..-..-. . - .. .. .. ~ - .. - - - - .. ..; - - ~ - - - - - - - - ~ - - - - - -~ - .-.. .- .. .. .- - .- .. .- -. - -' .- - ~-- ........... 33 35 38 31 32 ToWDSbip49 - Range26 . . I ToWDSbip49 - Range2?1 \ 5 4 2 1 6 1 2 3 4 5 . . . nn...._.~_ . . GOLDEN GATE BLVD W 11 12 7 8 9 - - - - - - ~ - - - ~ - - -. ~ . - . - . - . . - . - - - ... nuno_.. ........~........ ...... n.... ........ __ h~' ..;. . ~.pt"~.1._ ~1T.1'J:;~ 14 13 18 17 16 , , I , __..._._..__..__..., . , : --;;;,--'~'--:C;I' I" T1/\! 'l \ : :....-..............-.............:" 0 0 0' i~'3!f~~l!?l~ o0u8)L...:.~.. i' _; _. _ \APPLlCATlON NUMB'R L .. N~'~ U 2 2or:~. on j \ ! 04 11 0 2 1 0 L\\'C :':-LPV'CE Cci'i:U; J A .... -----.--..-- ~ N Pennit Boundary Ai s8Ctioo-.N Road IV Canal @ Well I!l Pump + Culvert Project: GOLDEN GATE BOULEVARD 4-I.ANE IMPROVEMENTS Permit Number 11-Q2014-W o 0.5 1 Mileo Exhibit 3 Page 1 Calculations Of Irrlaation Requirements 1686 APPUCATION NUMBER: 041102-10 RAINFALL STATION: Naples :;ROP: Turf IRRIGATION SYSTEM Sprinkler SOIL TYPE: 0.4 PARCEL ACREAGE: 13 PARCEL NAME: LAND USE: Landscape IRR. MUL TIPUER 1.3 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL MEAN RAINFALL 1.88 1.93 0.96 2.05 4.42 8.17 8.36 8.18 8.69 4.09 1.56 1.32 51.61 EVAPOTRANSPIRATION 1.93 2.21 3.76 5.09 6.66 7.44 7.88 7.51 6.47 5.00 3.22 2.26 59.43 AVG. EFFECTIVE RAIN 0.77 0.80 0.45 0.99 2.14 3.78 3.95 3.80 3.77 1.82 0.70 0.56 23.53 DROUGHT RAINFAL 0.64 0.66 0.37 0.82 1.78 3.14 3.28 3.15 3.13 1.51 0.58 0.46 19.52 AVERAGE IRRIGATION 1.16 1.41 3.31 4.10 4.52 3.66 3.93 3.71 2.70 3.18 2.52 1.70 35.90 DROUGHT IRRIGATION 1.29 1.55 3.39 4.27 4.88 4.30 4.60 4.36 3.34 3.49 2.64 1.80 39.91 ANNUAL SUPPLEMENTAL CROP REQUIREMENT: 39.91 INCHES ANNUAL SUPPLEMENTAL CROP WATER USE: 39.91 IN X 13 AC X 1.3 X 0.02715 MG/AC-IN = MAXIMUM MONTHLY SUPPLEMENTAL CROP REQUIREMENT: MAXIMUM MONTHLY SUPPLEMENTAL CROP WATER USE: 4.88 IN X 13 AC X 1.3 X 0.02715 MG/AC-IN = 18.31 MG 4.88 INCHES TOTAL ANNUAL DEMAND: TOTAL MAXIMUM MONTHLY DEMAND: 2.24 MG 18.31MG 2.24MG Page 1 of 1 Exhibit No: 5 1686 EXHIBIT L STANDARD DETAILS GC-CA-L-1 1686 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 1686 c a:: o o W a:: 0(1) -I 1-< alii: -W ::1:1- x< W::ii c W a:: o I- (I) '2 8 .. II:: .. 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Cl 06-3933 Project Tracking Schedule CONSTRUCTION AND CONTRACT TIME UNE SCHEDULE BID # 06-3933 Golden Gote Boulevard (CR 876) Phase II Landscape Installation Project LANDSCAPE IMPROVEMENT CONSTRUCTION EXHIBIT P 1686 DATE CERTAIN DATE: DATE: CONTRACT AND/OR CONSTRUCTION ACTIVITIES CONTRACT AWARD NOTICE TO PROCEED DATE: ~~IRRIGATION SYSTEM SUBSTANTIAL COMPLETION DATE: DATE: DATE: DATE: 1~1{~~it\l;~1:~.~ PROJECT SUBSTANTIAL COMPLETION OBSERVATION CREATE OBSERVATION PUNCH LIST FOR ENTIRE PROJECT ~~.il.~~r.1il DAYS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS DATE: DATE: DATE: DATE: 'l)J':;~<ti!j~;".l'iil'\!l~"ll):;i;;',il FINAL COMPLETION OBSERVATION ,~"{.;,~,,,.!i'EBib~ ~_~,Il~.._ l COLLIER COUNTY DESIGN PROFESSIONAL DATE: DATE: ~Bt_~FINAL ACCEPTANCE NOTIFICATION :m~~~~~.~ANNUAL WARRANTY OBSERVATION DATE: DATE: ~~_<l~WARRANTY CORRECTIONS & NOTIFICATIONS WARRANTY ACCEPTANCE NOTIFICATION COLLIER COUNTY DESIGN PROFESSIONAL APPROVED BY: DATE: DESIGN PROFESSIONAl PATE: COLLIER COUNTY TRANSPORTATION DEPARTMENT DATE: CONTRACTOR "n hB9 1. \,.. MEMORANDUM Date: February 16, 2006 To: Jerry Kurtz Principal Property Manager From: Teresa L. Dillard, Deputy Clerk Minutes and Records Re: South Florida Water Management District Agreement #OT060483 Enclosed please find two (2) original documents as referenced above, (Agenda Item #16B9) approved by the Board of County Commissioners on Tuesday, February 14,2006. Kindly forward same to the appropriate individual(s) for the required signature(s) and return one fully executed original to Minutes and Records. If you should have any questions, please call me at 732-2646 ext 7240. Thank you. Enclosure( s) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B <1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu2h routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routi~ order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Jerry Kurtz Phone Number 213-5860 Contact Agenda Date Item was February 14,2006 Agenda Item Number 16 B 9 ~proved 1:>y the BCC Type of Document Executive Summary & SFWMD Agreement Number of Original 4 Attached (2) Originals, Budget Amendment Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) ~icable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed 6-1L by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's blL Office and all other parties exc!'Jll the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the GfL document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's G/I. signature and initials are required, 5. In most cases (some contracts are an exception), the original document and this routing slip ;./ 1/2() should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 6/L Item # I Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! Aaenda ,., tf-o~ 6. The document was approved by the BCC on 02/14/06 and all changes made during Date the meeting have been incorporated in the attached document. The County Attorney's G:,jL- :J- Office has reviewed the chan2es, if applicable. Dale ~ ~' Deputy lerk ' ~. INSTRUCTIONS & CHECKLIST t: . . ORIGINAL 8 SOUTH FLORIDA WATER MANAGEMENT DlSTRIC:r b B q ;' AGREEMENT 1. THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred tn as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY Address: 2885 Horseshoe Drive South Naples, FL 33104 Project Manager: Jerry Kurtz, PE Telephone No: 239-239-213-5860 Fax No: 239-659-5790 Hereinafter referred to as: COUNTY This number must appear on all Invoices and Correspondence OT060483 MBE PARTICIPATION: 0 % COST SHARING INFORMATION Total Project Cost: $ 1,400,000.00 COUNTY Contribntion: $1,000,000.00 PROJECT TITLE: LEI. Y STORMW ATER IMPROVEMENT PROJECT (LASIP) The following Exhibits are attached hereto and made a part of this AGREEMENT: J:\' WIT\ESS WHEREOF, the authorized representative hereby executes this Contract on this date, and accepts all Terms and Conditions under I.\hleh 11 is issued, COLLIER COUNTY Boar~ty commiSSione~~' i.-- rmK?orida .\cccpled By': ~__ Signature of Authorized Representative Exhibit "A" Not Applicable Exhibit "8" General Terms & Conditions ExhibIt "C" Statement of Work Exhibit "D" Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "I''' - Not Applicable Ex,ubit "G" - Not A licable TOTAL DISTRICT CONSIDERATION: $ 400,000 Multi-Year Funding (If Applicable) FY . 211()() $400,000.00' *Subjcct to District Governing Board Annual Budget Approval TERM: Two 2 Years District Project Manager: Elizabeth Abbott Telephone No: 239-338-2929 Xl' 7730 F,u :\0. 239-338-2936 SlB'"T I"IVOICES AND NOTICES TO THE DISTRICT AT: South Flonda Water Management District JJ()I Cun Club Road \Vl'~l P,dl11 Beach, Florida 33406 ol!!l'ntlnll: Procurement Department rlliL' Frank Halas, Chairman DalC ;Z-17~O(P ADD roved as to form and Ie al sufficienc b~1t PL-L See: L t R. Teach .\s,S:...,"; [.:"int County Attorney Exhibit "H" Not Applicable Exhibit "I" Not Applicable Exhibit "J" Not Applicable Exhibit "K" Not Applicable Exhibit "L" Not Applicable Exhibit "M" Not Applicable Exhibit "N" Not A licable AGREEMENT TYPE: Not-to-Exceed EFFECTIVE DA TE: Last Date of Execution b the Parties District Contract Specialist: Patrick Wiener 561-682-6220 Fax No.: 561-681-6275 SUBMIT NOTICES TO THE COUNTY AT: Collier County 2885 Horseshoe Drive South Naples, FL 33104 Attention: County Manager SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: Date: Frank Hayden, Procurement Director PPROVED Date: ;. Dated: ATTEST: D~I~~~.~. ~ ,l~t~.... ..,. e SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT ilB" '~ 6.c.. B 9 GENERAL TERMS AND CONDITIONS 1. ,_ ARTICLE I - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes, The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event COUNTY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment I, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual perfonning such on-site work to execute the Attachment I form. It is the COUNTY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The COUNTY shall determine the method, details and means of performing the selVices, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to COUNTY's employees or hired workers where necessary or appropriate as determined by the DISTRICT ARTICLE 2 - COMPENSATIONI CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on the cover/signature page of this AGREEMENT. Funding for each applicable fIScal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fIScal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the fmal DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within Page 1 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT B C EXHIBIT "B" 16 7 GENERAL TERMS AND CONDITIONS one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "0" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not-to-exceed budget, including but not limIted to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed III accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper Invoice and acceptance of services and/or dcliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the COUNTY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The COUNTY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by fmal written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENTI NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties tUlder this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written Page 2 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT . Q EXHIBIT "B" b '0 7 GENERAL TERMS AND CONDITIONS \ notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance. covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to inderrmify, and pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATIONIREMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the tenus and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defmed as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the tenus and conditions of the AGREEMENT. If the COUNTY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide wrinen notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The COUNTY shall have thirty (30) days to cure the breach. If the COUNTY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the COUNTY that it has materially breached its contract with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the COUNTY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7, Part II, F.A.C. in making a determination as to whether a COUNTY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior wrinen notice to the COUNTY. The performance of work under this AGREEMENT may be tenninated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such tennination is in the best interest of the DISTRICT. Any such tennination shall be effected by delivery to the COUNTY of a Notice of Termination specifYing the extent to which perfonnance of work under the AGREEMENT is tenninated, and the date upon which Page 3 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 f) SOUTH FLORIDA WATER MANAGEMENT DISTRICT f! '0 q EXHIBIT "B" ~ h, \J l' .,.1 ......'. GENERAL TERMS AND CONDITIONS.:!,' such termination becomes effective. In the event of tennination for convenience, the DISTRICT shall compensate the COUNTY for ail authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of irrnnediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such COUNTY matching funding andlor in- kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to tenninate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTIONI OWNERSHIP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows; A. Maintenance of Records; The COUNTY shall maintain all financial and non- fmancial records and reports directly or indirectly related to the negotiation or perfonnance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing perfonnance and receiving fmal payment under this AGREEMENT. B. Examination of Records; The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards ail records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Le2al Disoutes; In the event that the DISTRICT should become involved in a legal dispute with a third party arising from perfonnance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the fmal disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. :.J 'Rl_ BIf;TmeT !Ihdl n~_ l!Juhln" _ Cl:L, l~r:"';I3~~ !lAd Jtfi~-}l-u)i ''J.~~' ":g;iHi ''11 ~1] 8th itilN. ~It. ,llrIO' Page 4 of 10, Exhibit "B" Contract File;\County.doc 12/19/05 S1!~ I )JJ./&1. S71.1 J / J)./P6 e SOUTH FLORIDA WATER MANAGEMENT DISTRICT .f'j n EXHIBIT"B" 1 b D ~ GENERAL TERMS AND CONDITIONS inf"'lllrl.....g hn+ .......... l~......;+~A +.... nll A...."'.._.......~, '+~_1. :--J T~nrt<." ......."".........1-. ........+...., ""':,?_t-:r.,,, ,1"+..., "'....-r....-- p........g'"<:It'"nC' ;.........I..A.....B +1-.... aR'J.fg9 nail el;.jii' Mub, ",J..;,..J... ....."" r1"'.,..T....p"',.l, .....~.....+..A...... ....+t....~u~.... .......:S~..............A. L~.__..d!l B:, tfta G9Ul"TTY, iHi md!88HHutil (i), """;8"('-}, "B'JR+{u) nRliihn 81109BBB8'(0) Ill] Ufitliui B) tl1.:.. K.LLt "0", St..l_~u....~t .....['..T,r.....J.. (Lt." ..".'.T.....J....). tJ. f'('\n<,;r1o..,.,t~n.... ........ +1..... nTcTDT(,T 1Rt"'~Rg ill", tkilil- } {:REEIUEI>TT, aR8 8tftor gSBEi slul . Ollll"li E!8I1oillDl!.ti8fi1. "fis 8tlfi4sisHS} 8.Hti uuipt in ~ll1 rrf "'kiuh in lure8} aelEfl8..1sagea Is) th.:. h'9WJTY. tL_ C9UNTY lWl_B) B.oElibRD, knuofslD, .!18th All gtR':'P";1JU gra.,"- "g ..1..l1I)I~TIU{,T --:' __A ",11 -:aRtJ ;+ ~~'H l....... r:- -...:' l......1' :~ ..l.1 nr j_1. (..l.~ "r:!-~-"")r "Fll~~ C__fl1 !I1l8.11 BO Golf 8J!18fl1k".g 'lfD- -:-i'~~"+;~- h:' tRG ,HntiofJ }lJr~t1J', 1U""i'~'-:-T ..l.-:- "'rUTNTV "'89'00" +,-, PYP("l1tA 03..,.-:1 rlol~~,o9' +,-, +ho nT~TDTrT ....-r .j;._l.~_ !:lc"ig..,.......o...+" n9' ,-,+l.o.. ._..+0-..........0...+" ......,..o.......~' +.t 'j',,;..-l~_~~ ..l.~ n.."....+, "'~+hn..+ +l.o p...y......."'..,+ nf' .......)" "'-:1..-l;"i~-nl ':"DRUia'i1ratioR r)' thn IUi:1'T'H(''T' ~~ {'gTT]>iT'U RilEl~ Rat ~iuG1uoo, r~, l:~"'_n~ ~_ "oil ...""':" "",_I. ..-lo.,...l....p~..-l, ~.~...+~...I> ~i ~..l.o~.,;...~ ~-;B;-~..~~. R~r~..1g~- "j ~....:' ..1..;.....1 P"'~' ",1-."+..no.,,,,.. 'M,i, p'lr.,g......p1-. ..l.."Il ..,.....';.'0 +l.", +"'...........,;.......+;n_ ro.. "'....pi......+;,,"'" E1f1hio I.1;:JaEEl'1IKuTf. 'Fll! ~9U]>JTY fli!IU880R18 n-tJ "'~_~_"n ..1....... pnr-io"~-:' OjfPU~M, i~ ^"':', +~ l.~ pM..~...Il'>rl +,.., +l...,. nl~TDI""'T u:' "1::)1] "'OTTlVTV l.."'..on.......I"'.. """ cp JUil4onll:' j.:l1'-"iH^-;! ~~ Cul.~l.;+ "("" Q+...+~........"...+ n.f;. 1(7..:..1. nlLall Iu 0 e08R do' nlt/Fa...l ~~I...lr hr ~9' ~n9' +l..a C'n.lr~T'T'V, ~-1.......sc1l': QOI} linti "1'l~ T ltM_ ~.sc ~ n tN.ir..-l r[lf~:, :A~l'I..-l;~S ..l.~ rtgl... ...... .....hl,;"o......'" ..."....1-. 38ft DB. 'Fha {'gTT~TY olulll iR6I"(ij-:- 'J~F:-;Sl... r:T prnpr;~+....--:., 1...31'>......:1... ;~ ..1-.-:- "'r:,rt"'1TD ~_...:I ..._ ..l.1'> t~t..~1 qf t~'? ~1'..-l;'I- "':'']'...:1 "j ....f1-...mit tR~ n~,r........._... 'M,,, C81':'JT'; Jl.1lI ';~_llt lu ll.! RIf;Tm~T a f!!fJl!L_I, R"~ tr1R"flr1h1-:-, rt~... ..."-:-1"...;..... -:81.+ t,.., ",,'" ..l.~ ;g)1ti+.],..I U""fP-"llM .,';tA.~..t "~ .......:1...:1;..;-:-_"1 f'M 'TI..... 9]f;:TRI~T Ulmfl IBdgiD tRllt litb tj ..1.~ nJ,r......^_~ ;gj~ti+'':''a iR. :Hr:kiIJit ll(''' ORElIl fU'iniR "itA. VllJ Lie':llJ~l. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termmotion or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defmed as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $1,000.00 and with a normal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such OCCllrrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribote or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The Page 5 of 10, Exhibit "B" Contract File:\County.doc 12119/05 ED SOUTH FLORIDA WATER MANAGEMENT DISTRICT Q EXHIBIT "B" h t) -; GENERAL TERMS AND CONDITIONS \ ' .. COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Iudicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable ill federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the COUNTY or any affIliate of the COUNTY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate tennination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such tennination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is included on the list of Specially Designated Nationals and Blocked Persons (SDN List) which is administered by the U.S. Department of Treasury, Office of Foreign Assets Control. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate tennination by the DISTRICT, in the event there is any misrepresentation. The DISTRICT, in the event of such tennination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.6 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.7 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.8 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.8.1 Pursuant to Sections 119.07(3)(0), and 1004.32 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defmed in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same Page 6 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT n EXHIBIT "B" \)-J GENERAL TERMS AND CONDITIONS \ b . upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.9 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.10 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.11 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, the COUNTY assures the DISTRICT that the COUNTY, its employees. subcontractors and assigns wIll refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the COUNTY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the COUNTY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the COUNTY's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the COUNTY's staff shall be exclusively provided by the COUNTY or by the COUNTY's employee. The COUNTY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and COUNTY employees and shall indemnify and hold the DISTRICT harm1ess from any failure by the COUNTY to comply with such laws. The COUNTY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Ac~ 29 U.S.c. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job perfonnance, except those functions that are unique to the DISTRICT, in which Page 7 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 E) SOUTH FLORIDA WATER MANAGEMENT DISTRICT L. h n EXHIBIT "B" \ u U '"1 GENERAL TERMS AND CONDITIONS . event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The COUNTY shal1 not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any <\GREEMENT, deb~ obligation, judgemen~ lien, or any torm of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT perfonnance. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program. laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE II - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shal1 not be held liable for any failure or delay in the perfonnance of this AGREEMENT that arises from fITes, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Govemmen~ riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that perfonnance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) al1 other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition) or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perfonning any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other Page 8 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 0 0 EXHIBIT "B" 1 b 0 7 GENERAL TERMS AND CONDITIONS _ term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 TIris AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 TIris AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. TIris AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and Sllccessors in interest. ARTICLE 12 - SAFETY REQIDREMENTS 12.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 12.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 12.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The COUNTY shall erect and maintain, as required by existing conditions and perfonnance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 12.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The COUNTY shall provide first aid services and medical care to its employees. 12.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. Page 9 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT { rt.,. n EXHIBIT "B" \ ~-~'.l "I GENERAL TERMS AND CONDITIONS 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the COUNTY, COUNTY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public andlor DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 10 of 10, Exhibit "B" Contract File:\County.doc 12/19/05 \b~g EXHIBIT "C" STATEMENT OF WORK LASIP Phase 1 Lely Branch Canal (U.S. 41 to Kings Lake) 1. INTRODUCTION For Fiscal Year 2006, the District received funding from the Florida State Legislature for implementation of watershed restoration projects in Southwest Florida called the Naples Bay Initiative via SAI717 A of the General Appropriations Act. Under this Initiative are several projects addressing important water restoration and management issues in Collier County. The goals of the Initiative are to: . Construct stormwater treatment structures/facilities that improve polluted runoff and . Improve the hydrology (quantity, timing and distribution) associated with freshwater discharges to the estuaries. One of the locations in Collier County that would greatly benefit from improved stormwater management is the Lely Area. The Lely Area is approximately bounded by Radio Road to the north, Rookery Bay National Estuarine Research Reserve to the south, Airport-Pulling Road and a theoretical southward extension of the same to the west and CR 951 to the east. The Lely Area Stormwater Improvement Project (LASIP) area is shown below. The LASIP system will provide a comprehensive stormwater outfall system for this area of East Naples formerly known as Water Management District #6 which has experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres and consists of two sub-basins known as the Lely Canal Basin (LCB) system and the Lely Manor Basin (LMB) system. The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued development of the area has impacted flood levels as well as water quality. Available data indicates that water quality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area is developed. This agreement provides funding to Collier County to construct stormwater management system improvements to mitigate flooding and provide surface water quality improvements associated with a portion of LASIP Phase I. That portion is the Lely Branch Canal from U.S. 41 north to Kings Lake. 2. OBJECTIVES The purpose of these stormwater management system improvements is to mitigate flooding by providing enhanced conveyance capabilities while improving water quality through the addition of a spreader lake to be constructed in cooperation with the Sabal Bay Community associated with the Lely Main Canal portion of LASIP (not included in this agreement). The implementation of these projects will result in tangible improvements to flood mitigation and stormwater quality in the East Naples/Lely Area. Exhibit "C". Agreement No. OT060483 Page I of 3 ! ~~ ~,~' , { I I !' j' ~l\ rL'" '\ "1 ," '-',,\,! -" \\J \. . -_........'(---'- \~~ \0 \';~ ''(--:::-, + 0 0.5 1 I I 1 MilAS; 3. SCOPE OF WORK 16B9 , ~! ~I ca; ;>1 ClJI (t! I , I , ~ i .. I mi' I ~ ~ ~~;. j"\ ,% i f.El ~-~-+~~It-. .;F";> -, 0",; +'-r"t tt--"---"l! " + ,.."....,. 1 '*1< "'€a'! . l1llI'., r , i .K , ~ <:' (t, Cljk' :>-1 '-.Ac ~T 25 04" i'$ I d,;' ..__E:!~~&!!.!:E~g!2!3E--~.~ '~ I I I k ) Legend (I ! I{' CJ Project Boundary Phases if "10-, \~{r<) 'Vi. '\, I Y f ~. : "\'~ J ~" \~~ '." '"4,"" I' ~ """.- I I Phase_No, StarCDate Phase I, 2006 Phase II, 2007 2008 2009 2010 Phase 11I1 , ,_.,~ Phase IV, "--'- Phase V, -"'.~-- The first portion of the LASIP Phase 1 construction is currently scheduled to begin in 2006 within the Lely Canal Basin. The scope of work for this cooperative agreement is to construct the Lely Branch Canal from U.S. 41 north to Kings Lake portion of LA SIP Phase 1. This project consists of reconstructing and enlarging an existing canal to the required cross section. This portion includes approximately 1,500 feet of the Lely Main Canal from U.S. 41 north to 300 feet Exhibit "C", Agreement No. OT060483 Page 2 of 3 1689 south of Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of Rattlesnake Hammock Road north to the south boundary of the Kings Lake Community. The flow capacity of both canal segments will be increased. The canals will be reconstructed within County drainage easements. All necessary SFWMD and USCOE permits have been issued for this portion of the project. Improvements to the Main Canal south of U.S. 41, downstream from this subject location, will be completed as a separate project through cooperation with construction of the Sabal Bay Community. This work will include reconstruction of the existing canal and construction of a spreader lake with an approximately 1,100 foot long control berm at elevation of 2.5 NGVD to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge. This portion of LA SIP is not included in the scope of this agreement. As part of its cost share, Collier County developed the design and obtained the necessary permits for this project. This agreement provides funding support for the construction and construction management of the stormwater management system improvements associated with LASIP Phase I, Lely Branch Canal from U.S. 41 north to Kings Lake. 4. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed to assist the County during construction. The County shall be responsible for project management, budget management and quality control and public outreach. The County shall be responsible for reviewing and approving deliverables from its construction cODtractor(s) to ensure that the project objectives are met. 4.1 Task 1: Construction of Lely Brauch Caual (U.S. 41 to Kings Lake) The County shall be responsible for the reconstructing and enlarging portions of the existing Lely Branch Canal and Lely Main Canal to the required cross section in accordance with approved plans and permits which shall include, but not be limited to, construction, project management, and engineering oversight of all construction. These portions include approximately 1,500 feet of the Lely Main Canal from U.S. 41 north to 300 feet south of Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of Rattlesnake Hammock Road north to the south boundary of the Kings Lake Community. Task 1 Deliverables: One copy of the Notice to Proceed, one copy of the 50% Completion Certification and one copy of the Construction Substantial Completion Certification Exhibit "C", Agreement No. OT060483 Page 3 of 3 EXHIBIT "D" PAYMENT AND DELIVERABLES SCHEDULE 1..689 i · A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. · All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. . Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "C" Statement of Work requirements. . Total payment by the District for all activities hereunder shall not exceed the amount of $400,000. The District's cost share amount shall not exceed 50% of the combined total project cost. Task Notice to Proceed DueDate~ . . ... (From .contract exeCution 3 months 8 months Task I: Construction of Lely Branch Canal (U.S. 41 to Kings Lake)** 50% Completion Certification Construction Substantial Completion Certification 16 months $350,000 n/a NOT-TO-EXCEED PROJECT TOTAL $400,000 * All dates are referenced from the date of execution of this agreement and are estimated. ** Progress payment invoices for construction activities may be submitted on a quarterly basis Exhibit "D" Agreement No. OT060483 Page 1 of 1 16B9 BUDGET AMENDMENT REQUEST For BudgctIFinancc Use Only BAP .............. JE# BAR#. ............... AP.H. Date Fund '-iumber 325 Fund Description County Water Mgmt Slormwater Date Prepared: 1/27/06 Approved by BCC on: 2/14/06 Attach Executive Summary Item No.: 16 B Fund Center Title: WBS Element Title: Expense Budget Detail Stonn Water Capital Lelv Canal W/Spreader & Structure Fd Ctr No.: 172940 WBS No.: 511011 (Provide the Fund Center or was clement information: it is not ~uircd t2...Qrovidc both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description . (Decrease) Budget Buclget 1729411 511011 763100 1 mprovements Gen 400,000.00 0 400,000.00 Net Change to Budget 400,000.00 Fund Center Title: WBS Element Title: (Pn 1(.1 II r d (' twas J Expense Budget Detail ,v l: 1C ."n en cr or c cmcnl informatIOn: It IS not r~qUlrc to--.Erovl C ot . Fund WBS Commit Commitment Item Increase Current Revised Ccnter Element Item Description (Decrease) Budget Budget d Fd Ctr No.: WBS No.: d b h) Net Change to Budget Fund Center Title: WBS Element Title: Expense Budget Detail I PrO\'idc the Fund Center or WBS clement information: it is nOI r~ircd t~ovidc both.l Fund WBS Commit Commitment Item Increase Current Revised Ccnter Element Item Description (Decrease) BUdget Budget I Fd Ctr No.: WBS No.: Net Change to Budget 1.("B9 Fund Center Title: WBS Element Title: (P 0 -d lh F d C WBS J Expense Budget Detail r VI C C "n enter or cement In orma JOn: It IS not r~!cllfC O....E!PVI Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bui!Ket Budget t dt Fd Ctr No.: WBS No.: de both) Net Change to Budget Fund Center Title: WBS Element Title: (P d th F de WBS I Expense Budget Detail roVI C C "n enter or c cmcm In ormation: It IS not require to provl C ot . Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget ~ d Fd Ctr No.: WBS No.: d b h) Net Change to Budget Fund Center Title: WBS Element Title: Expense Budget Detail (Provide the Fund Center or WBS clement information: it is not r~uircd t~D\'idc both.l Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Bullget Fd Ctr No.: WBS No.: Net Change to Budget 1689 Revenue Budget Detail Fund Center Title: Storm Water Capital WBS Element Title: Lely Canal (P d h F d C was I, d.d b h I Fd Ctr No.: 172940 WBS No.: 511011 roVI C I c "n enter or cement In ormation: 1t ]s not require to provl C ot . Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 172940 51 ]01] 334492 Gmm Proceeds 400,UOO.00 0 400.000.00 Net Change to Budget 400,000.00 EXPLANA nON Why are funds needed? Funds are needed for the eOllstruetion of Lcly Area Stormwater Management Project Phase I. Where are funds available? Funds are availahle from South Florida Water Management District Agreement "0. OT060483. REVIEW PROCESS DATE J Cost Center Director: Division Administrator: Bui!get Department: Agencv Man~r: Finance Department: Clerk of Board Admin.: I'!.I!...ut bv: B.A. No.: 16810 MEMORANDUM Date: February 16,2006 To: Donald L. Scott, Director Transportation Services From: Heidi R. Rockhold, Deputy Clerk Minutes and Records Re: County Incentive Grant Program Agreement Memorandum of Agreement Resolution 2006-25 Enclosed please find one (1) original document ofthe County Incentive Agreement and Memorandum of Agreement and one (1) certified copy of Resolution 2006-25 as referenced above, (Agenda Item #16B10), approved by the Board of County Commissioners on Tuesday, February 14, 2006. Kindly forward same to the appropriate individual( s) for the required signature(s) and return one fully executed original to Minutes and Records. If you should have any questions, please call me at 8411. Thank you. Enclosure( s) ~ Florida Department of Transportation 16810 JEB BUSH GOVERNOR DENVER J. STUTLER, JR. SECRETARY March 13, 2006 Ms. Kay Luongo, Grants Coordinator Collier County 2885 South Horseshoe Drive Naples, Florida 34104 Re: Executed Locally funded agreement (LF A) and Memorandum of agreement (MOA) for SR 82 from Hendry county line to SR 29 PD&E study (FM# 419950 2 22 01) Dear Ms. Luongo: Enclosed are one (1) fully executed Locally funded agreement (LF A) and Memorandum of Agreement (MOA) originals for your record on above referenced project. Please forward deposit in the amount of $500,000.00 as referenced in paragraph 2. I'm also requesting a copy of check and cover letter for my records. If you have any questions, please feel free to contact me at (239) 461-4300. Sincerely, aren A. Miracola istrict LF A/JP A Coordinator Enclosure Cc: Donald Scott, Collier County Transportation Planning Richard L. Combs, Deputy Director of Transportation Development, MS 1-40 David Hutchinson, Community Liaison, MS 1-98 District One, Southwest Area Office 2295 Victoria Avenue * Post Office Box 1030 * Fort Myers, FL 33902-1030 (239) 461-4300 * (239) 338-2353 (Fax) * MS 1-98 www.dot.state.fl.us * RECYCLED PAPER 16810 Catalog of State Financial Assistance No. 55.008 Financial Project No.:_ 4] 9950 2 22 0] COUNTY: COLLIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT (FDOT Letting) This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 419950 2 22 01 for SR 82 from Hendry County Line to SR 29 PD&E Study, hereinafter referred to as the PROJECT, in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY by Resolution No. 2006- ~ dated the 14th day of February, 2006, a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promIses, and representations contained herein, the parties agree as follows: 1. The PROJECT consists of SR 82 from Hendry County Line to SR 29 PD&E Study. 2. The COUNTY agrees to participate in the PROJECT in the amount of FIVE HUNDREDTHOUSAND DOLLARS AND NO/I00 DOLLARS ($500,000.00). This amount to be deposited by the COUNTY, within thirty (30) days of the execution ofthis Agreement, in an escrow account in the name of the Florida Department of Transportation with the Department of Financial Services, Division of Treasury and in accordance with the terms and conditions of the Memorandum of Agreement executed by the DEPARTMENT, the COUNTY and the Department of Financial Services and by this reference made a part of this Agreement as though fully set forth herein. Interest 16810 from the account is to be left in the account to cover future deficiencies. All deposits shall be made to the Department of Financial Services, Revenue Processing and mailed to the Florida Department of Transportation for processing as follows: Florida Department of Transportation Office of the Comptroller 605 Suwannee Street Mail Station 42 B Tallahassee, FL 32399 Attention: LF A Section Failure of the COUNTY to deposit said amount within the time frame specified above shall be grounds for termination of this Agreement. 3. The DEPARTMENT, after receiving the funds from the COUNTY, in accordance with paragraph 1, hereinabove, will advertise the PROJECT for bid. 4. a) If the accepted bid amount plus allowances is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the DEP AR TMENT or prior to posting ofthe accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. If the COUNTY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. b) If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the COUNTY in writing. c) Should PROJECT modifications occur that increase the COUNTY's share of total PROJECT costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COUNTY agrees to provide, without delay, in advance of the additional work being preformed, adequate funds to insure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure ofthe DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. d) Upon final payment to the Contractor, the DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of that final payment. All PROJECT cost records and accounts 16810 shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out ofthe PROJECT. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms ofthis agreement is less than the total deposits to date, a refund of the excess will be made by the DEP AR TMENT to the COUNTY. e) In the event said final accounting of total PROJECT costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S. on any invoice not paid within forty (40) calendar days until the invoice is paid. 5. The DEPARTMENT agrees to provide project schedule progress reports to the COUNTY in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEP AR TMENT and of the details thereof. Either party to the Agreement may request and be granted a conference. 6. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEP ARTMENT without restriction or limitation on their use. 7. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEP ARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 9. Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. All notices under this Agreement shall be directed to the following: 3 16810 TO DEPARTMENT: Dick Combs Deputy Director of Transportation Development Florida Department of Transportation P.O. Box 1249 Bartow, Florida 33831-1249 TO COUNTY: Donald Scott Collier County Transportation Planning Collier County 2885 S. Horseshoe Drive Naples, Florida 34104 11. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 12. To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the D EP AR TMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsultants or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsultants. Neither COUNTY nor any of its officers, agents, employees, contractors/subcontractors, consultants/subconsultants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. 13. The term of this Agreement commences upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted, final costs are known and all payments from the COUNTY are made to the DEPARTMENT. 14. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 4 16810 IN WITNESS WHEREOF the COUNTY has caused this Joint Project Agreement to be executed in its behalf this 14th day of February, 2006, by the Chairperson of the Board of Commissioners, authorized to enter into and execute same by Resolution Number 2006-~ofthe Board on the 14th day of February, 2006, and the DEPARTMENT has executed this Joint Project Agreement through its District Secretary for District One, Florida Department of Transportation, this .,)'/ day of f'C~(JAtt;j ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~?-~q/ Frank Halas, Chairman '0-.. ~, ATTEST: l)l.01 CLE By: Scott Teach, Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION k ATTEST: (Seal) Legal Review: 2-270,,", . . Glrwarr 5 16810 - \ j '....1 MEMORANDUM OF AGREEME~,\f'j SJ.i~ ~LC\~:CA 06 HAR -6 f\~UI: 45 THIS AGREEMENT, made and entered into this (P-rtt , day of MAllC"'" , 2006, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and Collier County, hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Financial Project Number:419950 2 22 01 County:Collier hereinafter referred to as the "Project". WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated f ~P~('(Al.i dY ..llO' , wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS NOll 00 DOLLARS) will be made by the Participant into an interest bearing escrow account established by the FDOT for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf ofthe FDOT upon receipt ofthis Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 605 Suwanee Street Mail Station 42B Tallahassee, Florida 32399 A TTN: LF A Section 16810 ;~ j O;-\rL)A A copy of this Agreement should accompany any deposits. 06 rlAR -6 AM II: 45 4. The FDOT's Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LF A. 6. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 7. FDOT. The Department of Financial Services further agrees to provide periodic reports to the C;l~~~R~~,t- b DEPARTMENT OF TRANSPORTATION COMPTROLLER R . fficiency: \( W .JG- STATE OF FL~A DEPARTMENT OF FINANCIAL SERVICES DIVISION OF TREASURY PAR~~~ By: Scott Teach, ASSIstant County Attorney Frank Halas, Chairman PARTICIPANT NAME & TITLE ATTEST: ... .... . . DWIG.HTE mr.OCK,C~fRK 3301 E Tamiami Trail, Naples, FL 34112 PARTICIPANT ADDRESS 59-6000558 FEDERAL EMPLOYER J.D. NUMBER ,!)l Deputy Clerk t~~. .~ to C~tr..n's S1tA1ttri:.Of)h. . 16810 RESOLUTION NO. 2006-~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A COUNTY INCENTIVE GRANT PROGRAM (CIGP) AGREEMENT AND A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FACILLITATE FUNDING THE PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDY FOR SR 82 FROM THE LEE COUNTY LINE TO SR 29. WHEREAS, Collier County along with Lee County submitted applications for County Incentive Grant funds with the State of Florida Department of Transportation (the "State") to help offset the total cost of the SR 82 PD&E study from 1-75 to SR 29, which was estimated to cost $3,000,000; and WHEREAS, the State approved the application for grant funds submitted by Collier and Lee County and awarded half of the funding needed for the SR 82 PD&E study from 1-75 to SR 29 for a total amount of $1,500,000; and WHEREAS, as a result of such funding, Lee County is advancing $1,000,000 as its portion of the PD&E study, which leaves Collier's funding portion for the study at the amount of $500,000; and WHEREAS, the Board finds that it is in the public interest for the County to enter into the County Incentive Grant Program Agreement and the Memorandum of Agreement for the above reasons and pursuant to the terms and conditions contained in those Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the County Incentive Grant Program Agreement and the Memorandum of Agreement and authorizes its chairman, Frank Halas, to execute both Agreements. A copy of this Resolution will be forwarded to FDOT along with the executed Agreements. 16Rl0 This Resolution adopted after motion, second and majority vote favoring same, this 14th day of February, 2006. . /)C -'. . .... ..' 'eputy Clerk ~testJ~\;~Cha 1l'114n . S "811_-:,'OnlJ. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~>-;:J<?/ FRANK HALAS, Chairman Approved as to form and Ie al sufficienc ,,{~L- cott R. Teach, Assistant County Attorney Item # lLo.b.ill Agenda J. -1~-4 Date Dat~ "'..:::\(O...{)G Reed 01 2 16B11 MEMORANDUM Date: April 28, 2006 To: Brenda Brilhart Purchasing Department From: Ann Jennjohn, Deputy Clerk Minutes & Records Department Re: Contract No. 06-3935: "U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project" Contractor: Vila & Son, Corp. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, February 14, 2006. An original has been retained in the Minutes and Records Department and one has also been sent to the Finance Department. If you should have any questions, please contact me at 774-8406 Thank you. Enclosures (3) o~ - fife - OO'fi:l, 16811 -:-iU: Ur I,it \ ;(J(JNTY ATTORf\J[v DATE RECEIVED: . ?COfi AF'i~ 24 fii tj; '5 DO NOT WRITE ABOVE TIDS LINE Date: April!7,2006 ReB8rt ZaElhary (}~ II~ Gu:~ f"I Assistant County Attorney ~renda Brilhart V;urchasing Agent \olJJ v\\~I~ fD.~' a 0 \"'" rjo# . v 0" l'. r(\ t) ~ \i L1---------- ~-.-....--....--. C [o$K- -......-..- ." 0 ~ - p (S . CfY/ &- Contract #06-3935 "U.S. 41 North (SR 45) Tamiami Trail North Phase IV v/ Streetscape Beautification Project" Contractor: Vila & Son Corp. REQUEST FOR LEGAL SERVICES To: From: Re: BACK ROUND OF REQUEST: his contract was approved by the BCe on February 14,2006. genda Item: 16.B.11 his item has not been previously submitted. ACTIO REQUESTED: ontract review and approval. OTHE COMMENTS: lease forward to BCC for signature after approval. If there are any questions oncerning the document, please contact me. Purchasing would appreciate otification when the documents exit your office. Thank you. ."--- ~lsCkQL!L ~a.d-- 6-C~ CPr 1 - lki<; j<;li. .f"e, fup nDf (ju 0 . ~ (m ~1Ll VY\~ fby ~ (NJ-f1iJff^-- f s. {:(Jf\-.J SlI()''\ C~ttM. ~lLA -s U ) &, J c(p U.s. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project COLLIER COUNTY BID NO. 06-3935 COLLIER COUNTY, FLORIDA Design Professional: McGee & Associates, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16811 16811 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) 8. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by McGee & Associates, Inc. and identified as follows: U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project as shown on Plan Sheets 1 through 49. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records EXHIBIT P: Project Tracking Schedule 16811 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA u.s. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project COUNTY BID NO. 06-3935 Separate sealed bids for the construction of the landscape installation of the U.S. 41 North (SR 45) Tamiami Trail North Streetscape Beautification Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 19th day of January 2006, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 1 :00 p.m. LOCAL TIME on the 5th day of January 2006, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project, Bid No. 06-3935 and Bid Date of January 19, 2006. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $30.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the GC-PN-1 16811 required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and forty (140) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 14th day of December, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: GC-PN-2 16811 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-13 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-I B-1 16811 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance. all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand. forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be retumed to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest. qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 16811 Section 5. Sianina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-I B-3 16B11 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-IB-4 16811 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreasE;!d quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect( s) or provision( s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-IB.-5 16811 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-18-6 16811 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: itA 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 from the date of being placed on the convicted vendor list." GC-IB-7 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 16811 ADDENDUM DATE: January 18, 2006 TO: Interested Bidders FROM: @ Brenda Blilharl, Purchasing Agen! SUBJECT: Addendum # 2 - BID 06-3935 - "U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project" CHANGE: The due date is rescheduled for January 23, 2006 by 2:30 p.m. REPLACE: · Bid schedule with Revised Pages GC-P-2a through GC-P-2f. -Section II, 1.b., Quantity changed. -County Supplied materials listed on page GC-P-2f. If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net. cc: Pamela Lulich, Transportation Dept. Enc: N 'It ::2: ::J o Z LU o o <{ - III o U (i; - o I- I- U W .., o ~ e.. Z o W~ 5~ c!: WI- J:::> u< enW enm ...JW 1I)<(e.. 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Q) Q) ~,.. ,. ~= a;.O.' tn"'Q) ~ ",oe ,.... :E'C::O~ ......,0. w.'-:,,:,'Ju'5 :5:..' . !:: 8)~ '5 () g 1-'_' O~ C~. o C:,'~ c 00 W Q) C 0 .:;::;CO . m. 0 () CO .0 ..,=.'" . 00.....- 0C\l. ~ <5 '" o:::.cO't'-~..c: a..:t::'f"Q)N:t:: C: :s:8~~ .::. w' Q);~C '0. ~ ::j."Q) a>:8 (; 2 a..'oE'cp"o'o.. Q) a.. ....!:2~(J) E :;:) 2~,: c~ Q) en.' COo. 0 00..... '::: Q)(,> .... CO . it. a>:.W 8 -@.. :: z~ "0 .:;~..5Q :;:)'Q)' C'I:.. I .0 oo::'::J .Q)N CO o _ '" e 00.0 "0 0::: in e> .2 . E _0- w.;-:~t5Q)in ::r ;. c:...5Q~ .;-: c5 .::>woo..!. o '<""",Net>;,q. LO ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 530-6697 16811 ADDENDUM DATE: January 11, 2006 TO: . Interested Bidders FRO~ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1 - BID 06-3935 - "U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project" CHANGE: Lane usage fees will be paid by the County. The Contractor must notify in writing forty eight (48) hours prior to closure if he has the intention to close a travel lane. If the County is not notified in writing, the contractor will be responsible for the daily lane usage fee. Lane closure is not permitted on 1-75 or lane closure which creates a back-up of traffic on 1-75. DELETE: " II. Base Bid Site Demolition, Preparation and Disposal; 3. Lane Usage Fee, 1 LS" from base bid. The Lane Usage Fee will be paid for "BY COUNTY" The Contractor must notify the County Project Manager in writing 48 hours prior to requested lane closure. If the County Project Manager is not notified and the lanes are closed; the Contractor will be responsible for the fees." REPLACE: . Bid schedule with Revised Pages GC-P-2a through GC-P-2f. CLARIFICATION: On page GC-P-10, on the second paragraph, place five percent (5%) of total bid price in the blank in the following sentence: "OWner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. If you require additional information please call Pam Lulich, Transportation Department at 239/774-8192 or me at 239/774-8446 or bye-mail atbrendabrilhart@colliergov.net. cc: Pamela Lulich, Transportation Dept. Enc: ..- 'l:t: :;E :::J o Z W o o <( .... III o () iii .... o I- Ef) Ef) Ef) I- U W -, o Ct: D.. Z o W~ 5~ c!:!: WI- :I::::::>> 0<( C/)W C/)lXl ..JW ll)<(D.. 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II) w ::I: I- 0::: o Z c:...1 :8~ 0.1- -.:: - u:!: :g~ C:!: -< EI- 2m -'l:t "C . .- 0::: a:1 . _en c:- 0.... :;:;'l:t ~cn en::i ro . w&] "C in Q) - III c: ... Q) - <{ < en.NIO~ :!:Q) ,0'::'0- W .!: 0 .... c: ". _ .... Q) 0 :> t::~~'5o.g I- ,- 0 .::. c: .l<:: o~.::.c:ot) wQ) c: 0:;:::; ell ..., _Cf) 0 0 ~ -? ONO....cnN o:::~o.E"""~ Q.~'+-Q)N~ c~Q)Q)Cf)~ t) '+- 0 W .... .- c: .- Cf) _$~oe-Q) ...IQ)Q):;:::;o..... Q.ECJ)t)t)Q) Q.....t)~cnE :::> Q) .;:: c: ell .... enrouoo$ >~~t)oell l-Q)wQ)o~ Z Cf) "'0 .~ :2 Q) :::>~c:~ ,:0 o 0:: 6 CJ)Q) ON ~ 0-.... 0 0::: ~ e>.g E =0- !!!"';"~u$1.r.! ...1'- c:~~.- ...I :::>wcn I o .- o :;:-r-N<V>'oc:::t1.{) E:R- E:R- en w ~ Z 0::: w I- ei! ::I: I- 3: c a:1 ...I ~ o I- 16811 ~ , 0.. o CD 16811 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project BID NO. 06-3935 Full Name of Bidder \J: \ c., ~ Main Business Address a 0 '-\ S \ Sc::...... \....(). '" ol Sc..a.. ~~ '-"0- La r,? . ~.w. 8.\to Stv-u.A- NY. a.",,', 'rL. ~~\I.C I Place of Business \,U,VQ-. ~......-n=.\\ c......-;~-- -;>o..v~-""::''''''-^J M..,.,,""....... \.....c.'L..... "'\:L.._ -2.:..~9\3 \ I Telephone No. ~~) ;>-(.,,-qc~'-{ Fax No. <?-~ '-t~\ -i\ ~q / State Contractor's License # C G c.. 0 (0 D 1"""1 3 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number -*'1 *'2/ Date Issued ,I +J. '!l<!bb Contractor's Initial? ..-:- . t ~ f-" Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages_ GC-P-1 BID SCHEDULE. U.S. 41 North (SR 45) Tamiami Trail'North Phase IV Streetscape Beautification Project Bid No. 06-3935 GC-P-2 16B11 N =l:t: ~ => o Z W o o <C - III o u iii - o I- 000 ~oo I!) ci . 1'-00 o_o:e Cf) "",- - Ul o U Y7 Y7 Y7 000 000 u:i ci . 1'-00 00 I!) Cf)"",1'- I- U w .. o 0:: D.. Z o W~ ...JU :J- c!:!: wI- ~:J u< enW enm ...JW 1t)<D.. 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II) W :::c ~ o Z ...J ~~ 0.1- "t: - o:!: lfi~ o:!: -<C EI- 2 it) -"Ot "'C . .- 0::: m . _en c:- 0.... :;::;"Ot ~cri en:::> 16811 '+- N , 0... , o (9 LLJ .. = o ' o:::..c: a.,~ .' 0.....,. WQ) _.:,..,~ ...JQ) a. E e/) > Q)e/) a. ..... 0, ':J Q) 'C' c'(U.... enrou602 >-3:Q)oo(U l-Q)wQ)_3: u 0 Z en -a ,- :2 Q) :Ja5cC: ,]5 00::: 6 Q)Njg 0- ....e/)O 0 0::: It:! ~ ,g E =0- ~~~t52~ ...J..- C~~..- ...J ,:::l We/) I o .... o C'\l('t)"Otl.O 16811 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. C~f"J LofLe--11'e.L (0vYw\ CoC<>C/l.V1-- fU(1M c; V1;l..t\1 OV> 5~rvfo) C~tJ\.6 )C ~> ~vc-- Ou.. ~5 ~l~o V\t~ ~ S~ f\>~ ? <A.V~ 2. 3. 4. 5. BY: Co".-? . Dated \ - "2..0 -c <..... GC-P-3 16811 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of /' the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. CateQorv of Work J:)l t e.vf- f cM.O\.. r .p e ore ~ Subcontractor and Address ~ 'Bell ~ _ b\"~ll\~ ?"v. ~D,c "'210S"-- ~1?e I {e I ,yt ' SS <r "'35" , 2. 3. 4. 5. BY: Dated \- ~o - 0 L, GC-P-4 16811 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the tenTIS of the Agreement. Project and Location Reference 1. <Se ""- .....~" C'~~ P cJ.. 2. 3. 4. 5. 6. Dated \ - "'2..0 -0 (P c..cr ~ . GC-P-5 CONTRACT AMOUNT:, COMPLETED: c' 1 6 Q 1 1 \wlJOR PROJEC~ COM~{~~ NE 191 Street Improvements Aventura, FI. City of Aventura Mr, Antonio Tomei (305)466-9900 $655,178.00 1999 VILA AND SON LANDSCAPINL....:;ORP. NAME OF PROJECT: , LOCATION: OWNER: CONTACT PERSON: '.--- NAME QF PROJECT: Yacht Club @ Portofino LOCATION: Miami-Dade County OWNER .The Related Group GENERAL CONTRACT08: Chase Construction CONTACT PERSON: Roberto Rocha 305-460-9900 CONTRACT AMOUNT: $226,355.00 COMPLETED: 2000 l\IAME OF PROJE;:CT: St. Andreus at the Springs LOCATION: Palm Beach County Springs OWNER: The Related Group CONTACT PERSON: Roberto Rocha 305-460-9900 GENERAL CONTRACTOR: Fortune Construction CONTRACT AMOUNT: $662,475.00 COMPLETED: 2000 NAME OF F'ROJECT: City Place LOCATION: Palm Beach Co. OWNER: Palladium Group CONTACT PERSON: Frank Zaremba 561-832-4995 GENERAL CONTRACTOR: Whiting-turner CONTRACT AMOUNT: $1,330,000.00 COMPLETED: 2000 NAME OF PROJECT: Pinetree Park LOCATION: Miami Beach, FL OWNER: City of Miami Beach CONTACT PERSON: John De Pazos ( 407)939-0938 CONTRACT )\MOUNT: $226,850.00 COMPLETED: 2000 NAME OF PROJECT: Biscayne 4 LOCATION: North Miami Beach OWNER: City of North Miami Beach CONTACT PERSON: Mr. Carlos Rivero 305-948-2980 CONTRACT AMOUNT: $386,255.00 COMPLETED: 2000 ( Page 2 VILA AND SON LANDSCAP1N.. ~ORP. \~AJOR PRo.JJJ~lllJ NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: 41 Street Miami Beach City of Miami Beach City of Miami Beach John De Pazoz 305-673-7490 Vila and Son Landscaping Corp. $932,030.00 2000 GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: Lummus Park Miami Beach City of Miami Beach Vila and Son Landscaping Kevin Smith (305)673-7730 $453,360.00 2000 f\IAME OF PROJECT: Sunrise Blvd, SR7 LOCATION: Broward Co. OWNER; FOOT GENERAL CONTRACTOR: L.G, DeFelice Construction CONTACT PERSON: Kevin Flynn 954-975-4855 CONTRACT AMOUNT: 438,325.00 COMPLETED: . 2000 NAME OF PROJECT: Pinetree Park LOCATION: North Miami Beach OWNER: City of Miami Beach GENERAL CONTRACTOR: CONTACT PERSON: John De Pazos 407 -939-0938 CONTRACT AMOUNT: 226,850.00 COMPLETED: 2000 NAME OF PROJECT: Griffin Rd-SR818 LOCATION: Broward Co. OWNER: F.D.O.T. GENERAL CONTRACTOR: Triple R Paving CONTACT PERSON: Roger Hawkins 954-792-4205 CONTRACT AMOUNT: 124,635.00 COMPLETED: 200'\ NAME OF PROJECT:SR821 Heft LOCATION: Dade Co. OWNER: F.D.O.T. GENERAL CONTRACTOR, The Demoya Group CONTACT PERSON: The Demoya Group . 305-255-5713 CONTRACT AMOUNT: 133,755,00 COMPLETED: 2001 Page 3 VILA AND SON LANDSCAPINL-~...;ORP. ,'0" ' 16811 '<)v(AJOR PRO,JECTS COMPLETED (,. NAME OF PROJECT: The Enclave @ Naples LOCATION: Naples, FL -OWNER: The Related Group GENERAL CONTRACTOR: Current Builders CONTACT PERSON: Roberto Rocha 305-460-9900 CONTRACT AMOUNT: 869,035.00 COMPLETED: 2001 NAME OF PROJECT: pt. St. Lucie Blvd. LOCATION: Palm Beach Co. OWNER: FOOT GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTACT PERSON: CONTRACT AMOUNT: 495,625.00 COMPLETED: 20D'I NAME OF PROJECT: pt. St. Lucie Blvd. LOCATION: Palm Beach OWNER: FOOT GENERAL CONTRACTOR: Vila and Son Landscaping Corp, CONTRAcT AMOUNT: $495,625.00 COMPLETED: 2001 ( \ ,~-_.... NAME OF PROJECT: Cleveland Clinic LOCATION: Weston, FL GENERAL CONTRACTOR: Centex Rodgers lnc, CONTACT PERSON: Larry Hawthorne (305)932-6022 CONTRACT AMOUNT: $612,630.00 COMPLETED: 2001 NAME OF PROJECr Holiday Park LOCATION: Broward Co. GENERAL CONTRACTOR: Zurgui Construction , CONTACT PERSON: Eduardo Gonzalez 305-221-6100 CONTRACT AMOUNT: $707,760,00 COMPLETED: 2001 NAME OF PROJECT: Weston Road LOCATION: Weston, FL GENERAL CONTRACTOR: Triple R Paving CONTACT PERSON: Roger Hawkes (305)944-4205 CONTRACT AMOUNT: $312,270,00 COMPLETED: 2001 't_ Page 4 VILA AND SON LANDSCAPINL ORP. IJJOR PRot9s ~llED NAME OF PROJECT: So. County Neighborhood LOCATION: Broward Co, OWNER: Broward Co. CONTACT PERSON: Jim Allen (954 )384-4440 GENERAL CONTRACTOR: Smith and Company, Inc, CONTRACT AMOUNT: $173,430.00 COMPLETED: 200'1 NAME OF PROJECT: 9keechobee Interchange LOCATION: Palm Beach Co. OWNER: Florida Department of Transportation GENERAL CONTRACTOR: The DeMoya Group 'CONTACT PERSON: Demoya 305..255-5713 CONTRACT AMOUNT: $689,545.00 COMPLETED: 2002 NAME OF PROJECT: Village of Merriek Park- LOCATION: Goral gables, FL OWNER: CONTACT PERSON: Mr. Ray Benjamin 419-893-7000 GENERAL CONTRACTOR: Turner/ Lathrop CONTRACT AMOUNT: 1,800,000.00 COMPLETED: 2002 NAME OF PROJECT: Pines Island Road LOCATION: Broward County CONTACT PERSON: Broward County 954-7924205 GENERAL CONTRACTOR: Triple R Paving CONTRACT AMOUNT: 143,725.00 COMPLETED: 2002 NAME OF PROJECT: FOOT S.R. 5 LOCATION: Broward County OWNER: F,O,O,T CONTACT PERSON: Roger Hawkins 954-7924205 GENERAL CONTRACTOR: Triple R Paving CONTRACT AMOUNT: 586,600.00 COMPLETED: 2002 I I. Page 5 ... VILA AND SON LANDSCAPINL., ORP. 16'811 }..,.,AJOR PROJECTS COMPLETED \ '-'--- NAME OF PROJECT: Ocean Three LOCATION: City Of Sunny Isles. OWNER: John Moriarty and Associates CONTACT PERSON: Mr, John Leete 954-964-6110 GENERAL CONTRACTOR: CONTRACT AMOUNT: 501,415.00 COMPLETED: 2003 . NAME OF PROJECT: Morton Towers! Grand FlamigoResorts LOCATION: Miami Beach, FL OWNER: GENERAL CONTRACTOR: Turner Construction CONTACT PERSON: Mr. Ron Poliseo 786-276-8259 CONTRACT AMOUNT: $1,53\245.00 COMPLETED: 2003 NAME OF PROJECT: FOOT Ol<eechobee Ph 1 & 2 LOCATION: Miami-clade County OWNER: Florida Deparment of Trasportation CONTACT PERSON: Mr. Joe De Moya 305-255-5713 GENERAL CONTRACTOR: The Moya Group CONTRACT AMOUNT: 894,370.00 COMPLETED: 2003 NAME OF PROJECT: GTl Central Collection Plaza LOCATION: Miami-Dade County ~ OWNER: Miami-Dade Airport Authority CONTACT PERSON: Mr. Gus Fernandez 786-268-8049 GENERAL CONTRACTOR: MCM Construction CONTRACT AMOUNT: 298,300.00 COMPLETED: 2003 NAME OF PROJECT: SR ALA Key Largo LOCATION: Key Largo OWNER: Florida Department of Trasportation CONTACT PERSON: Mr. Alfred L. Majucoski 305-289-2356 GENERAL CONTRACTOR: 1,026,8l5.00 CONTRACT AMOUNT: Vila& Son Lanscaping Corp, COMPLETED: 2003 NAME OF PROJECT: The Preserve @ Miramar LOCATION: Broward County OWNER: The Related Group CONTACT PERSON: Roberto Rocha 30[j-460-9900 GENERAL CONTRACTOR: Curreryt Builders CONTRACT AMOUNT: 67'1,720.00 COMPLETED: 2003 Page 6 1~6B 11- VILA AND SON LANDSCAPI~.iL..,";ORP. \ j .. ,vi'AJOR PRO.IECTS COMPLETED \ NAME OF PROJECT: Aventura Town PI~za LOCATION: City of Aventura OWNER: Aida Construction Inc. CONTACT PERSON: Mr. Jorge Linkewer 305-933-1066 GENERAL CONTRACTOR: Aida Construction Inc. CONTRACT AMOUNT: 232,645.00 COMPLETED: 2003 NAME OF PROJECT: Bonaventure Phase 2&} LOCATION: Broward County OWNER: City of Weston CONTACT PERSON: Mr. Mort Myrick 305-863-9007 GENERAL CONTRACTOR: Pan American Constractors Inc. . CONTRACT AMOUNT: 359,820.00 COMPLETED: 2003 NAME OF PROJECT: Palm Avenue Road Improvement LOCATION: Key West OWNER: Monroe County CONTACT PERSON: Mr. Ron Armstrong 305-;296-5606 GENERAL CONTRACTOR: Toppino's Inc. CONTRACT AMOUNT: 158,300,00 COMPLETED: 2003 "'-" l'lAME OF PROJECT: Middle School LL LOCATION: Broward County Schools Public OWNER: School PPP CONTACT PERSON: Mr. Ray Betancourt 305-598-2932 GENERAL CONTRACTOR: BCA Contractors CONTRACT AMOUNT: 498,600.00 COMPLETED: 2003 NAME OF PROJECT: Marathon Airport Service Road LOCATION: Marathon, FL OWNER: CONTACT PERSON: Ron Armstrong 305-296-5606 GENERAL CONTRACTOR: Toppino's Inc. CONTRACT AMOUNT: 310,200.00 COMPLETED: 2003 NAME OF PROJECT: 1-95 ITS Control Center LOCATION: Miami-Dade County OWNER: Florida Deparment of Traspotation CONTACT PERSON: Mr, Arnie Fernandez 305-499-2482 GENERAL CONTRACTOR: CONTRACT AMOUNT: 186,615.00 COMPLETED: 20m Page 7 VILA AND SON LANDSCAPIN..,,;ORP. , 16811 <.""AJOR PROJECTS COMPLETED ? ( NAME OF PROJECT: Bonaventure Phase 4 LOCATION: Broward County OWNER: City of Weston CONTACT PERSON: Mr. Miguel Ocana 305-461-0603 GENERAL CONTRACTOR: CONTRACT AMOUNT: 747,865.00 COMPLETED: 2003 NAME OF PROJECT: High School GGG LOCATION: Broward County OWNER: Broward County Schopl Board CONTACT PERSON: Mr. Bill Oakman 954..797-0410 GENERAL CONTRACTOR: James B, Pirtle Construction Co. Inc CONTRACT AMOUNT: 571.920.00 COMPLETED: 2003 NAME OF PROJECT: Cypress Pointe LOCATION: Coral Springs, FL OWNER: Griffin CONTACT PERSON: Mr, Bryon Sharp 954-267 -9973 GENERAL CONTRACTOR: CONTRACT AMOUNT: 1,039,700.00 COMPLETED: 2003 ( NAME OF PROJECT: Neo River Lofts LOCATION: Miami-Dade County OWNER: Neo Development. CONTACT PERSON: Ms. Lissette Calderon' 305-285-1418 GENERAL CONTRACTOR: CONTRACT AMOUNT: 161,445.00 COMPLETED: 2004 NAME OF PROJECT: Galleria Mall LOCATION: Brov.'/ard County OWNER: Frank Pinello CONTACT PERSON: Whiing Tuner 954-776-0800 GENERAL CONTRACTOR: CONTRACT AMOUNT: 420,000.00 COMPLETED: 2004 NAME OF PROJECT: School PPP LOCATION: Miami-Dade FL OWNER: Miami-Dade Public Schools CONTACT PERSON: Mr, Ray Bertancourt 305-598-2932 GENERAL CONTRACTOR: SCA Contractors CONTRACT AMOUNT: 609,170.00 COMPLETED: 2004 '--- Page 8 VILA AND SON LANDSCAPINI...._....ORP. . . 16 B 11. ",,,,,lJOR PROJECTS COMPLETED NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: One Aragon Coral Gables. FL GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: Mr, Malcom Macinnes 954-964-6110 John Moriarty and Associates 148,170.00 2004 NAME OF PROJECT; LOCATION: OWNER: CONTACT PERSON: Seminole Hard Rock Hotel&Casino Broward Co. Semnolelndians Mr. david Bober 954-583-1000 Peri/Suitt $2.672,700,00 2004 GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: Murano Grande LOCATION': Miami Beach, FL OWNER: The Related Group. GENERAL CONTRACTOR: John Moriardy & Associates CONTACT PERSON: Mr. .John Leete 954-964-6110 CONTRACT AMOUNT: 509,730.00 COMPLETED: 2004 NAME OF PROJECT: City of Sunny Isles Improvement LOCATION: City of Sunny Isles, FL OWNER: City of Sunny Isles, CONTACT PERSON: Mr, Cristopher Pusso 305-947 -0606 GENERAL CONTRACTOR: Vila & Son landscaping Corp, CONTRACT AMOUNT: 1,428,175,00 COMPLETED: 2004 NAME OF PROJECT: Monarch Lakes Buffer. LOCATION; City of Miramar OWNER: City of Miramar GENERAL CONTRACTOR: Vila and Son CONTACT PERSON: Mr, Hector Vasquez 954-962-1516 CONTRACT AMOUNT: 273.675.00 COMPLETED: 2004 ........- Page 9 16811 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) 1. IV/A 2. 3. 4. 5. Units of Measure (LF, SY) Unit (Quantity) Unit Cost Extended Cost TOTAL $ - 0- Failure to complete the above may result in the Bid being declared non-responsive. Dated I -'l..C --0 lo BY: eo.... ~ . GC-P-6 16811 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, SUbsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of \='") 0""": d G.... County of c..o\\', ~...... Y"'-. \ ~ r \~: ~-e c...'A. :J.-. , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Y "-'. \ ~? \~r. 'o~ ~V\ 1.. , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-7 16811 (a) Corporation The Bidder is a corporation organized and existing ~\'Cl-' ~OL which operates under V~\~ ~s.o"" h.o..hcl<;.cc..'~~"'"l6 C'O....y>. officers are as follows: under the laws of the State of the legal name of , and the full names of its President ::\VU::'h (. -V: \0...... Secretary ~ 0... ",-do.l \ ~ D Treasurer ~c...VlA ~ \ ~ 0 , V. \ 0-... v', \ "'- Manager ~ """' ~ \ ... ~ ~ '"'- __ ~ ~.... ""- x The ~ \..-', \:.. \' )~, h-e..Cl..-~ ':k. is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: AJIA- The co-partnership does business under the legal name of: (c) Individual }.J \ "A The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED \ -?- u -0 II \j : \ ~ *- S OV\ "-..4 h d 5 C<t r\\~ Co...... t' legal entity GC-P-8 16811 of- BY: C '€' v-. -f' "'w \ Title rY\n V\AC\-P v- I STATE OF 't=\ c r" cl 0....- COUNTY OF L e €- The foregoing instrument was acknowledged before me this ~ day of 3o............c:..r ~ ' 2006, by \>""; \~p \'v-.."\-.-QD..V\ 'j. ,as C-l'''''-e.-....., v'Y\a.v-.AC,-!.V'" of V:\e.. \- s.o"," \....c.......d~c.c.{?~""~e..o./~., a ~\...Cl~..{'.lO\. corporation', on behalf of the corporation. He/she per onally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: A-'""'-,\",-I',,'\'- d.-2., ~o9 \Y\ CN..~ ~~ (Signature of Notary) ~~v~ MARIE SHERIDAN !;.: ~"'~'\;;. MY COMMISSION # DD 466249 ~'~$ EXPIRES: Augusl28. 2009 1r,.~r. .'t\-.~", Bonded Thru Nola'Y Public lJndeIwrtlets NAME: f'f\o,v~e.... 5,",~......~<:lQlr\ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of \='\ c......\ J, 0.- Commission No.: \)\:) y L.:> ~ "d-'\ q GC-P-9 16811 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Vila & Son Landscaping Corp. (herein after called the Principal) and Westfield Insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of Ohio with its principal offices in the city of Westfield Center and authorized to do business in the State of FLORIDA are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner, in the full and just sum of ---- Five Percent of the Amount Bid ------------- dollars ($ -----5%----- ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project Bid No. 06-3935 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the ,required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% of bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-10 16811 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 19th day of Januarv,2006. BY Principal (Seal) SUiety (Seal) Countersigned April L. Lively, Florida Licensed Resident Agent Local Resident Producing Agent for Westfield Insurance Company Inquiries: (407) 834-0022 GC-P-11 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME PqWt2R # AND ISSUED PRIOR TO 05/11/03, FOR ANY PERSON OR PERSONS NAMED BELOW. polo. fl1612 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio General Power of Attorney CERTIFIED COPY Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a ~Company~ and collectively as ~Companies/ duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JACK W. GUIGNARD, BRYCE R, GUIGNARD, M. GARY FRANCIS, PAUL J. CIAMBR/ELLO, APRIL L. LIVELY, JENNIFER L. MCCARTA, KATIE N, BIRD, MARGIE LYNN MORRIS, BRETT A, RAGLAND, JOINTLY OR SEVERALLY of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary,~ "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached," (Each adopted at a meeting held on February 8, 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of MAY A,D., 2003 . " . .......~U'HI..". \"""1'"",, . .,....,..111"" Corporate ...4"'~'ltUJI..(~ ""'" ,.<,\ONAI.! "". ........ ,"SUR;~"'", Seals /.. ~ 't{ ...........C"'..,~ .... "'"\';...........~<5'c>. ...~ ......_.~~ Affixed J ~~.,.. -.. ..... ()... :0 '0 .' '. 1:>';. /~...., _ .....~~ !i4:fSEAL\~1' f~'/ .\~()\ i~lt\\lRTERti\g\ ' t-, ::"\1 SEAL - : : : II: = ~...~ :~ Of-: :m: ;~~ ::D; ~.........=......./~~ \~.\....................:~/ \!;....~.~~~~...~~J '#. I ~~ ""'" ........... State of Ohio ~~ ""'1",.,':1111\'''\'\\ ''''.''ilu....~,...~ County of Medina ss,: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Richard L. Kinnaird, Jr., Senior Executive On this 11th day of MAY A.D., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. ~ Notarial .,............~ I A~~~d t,~~~. ,.A~ii.~i~\ (.".. ~~ti..~.-.u.~_o~) William J. Kahelin, A mey at Law, Notary Public State of Ohio ":" "J .,'" , My Commission Does Not Expire (Sec. 147,03 Ohio Revised Code) County of Medina ss.: .... ~ . -.l' .,' ...... .,.. E: 0 r" ~...... ............,1',...., I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force C1'1rJ effect. In Witness Whor3of, i have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 19T&Jay of JANU.<\.RY A.D.. 2006 .........u.__,~ .J>4'.,. ,UR..( .,..... " '^ ,~..".... qcA',,, ". _ ~ .... .......:v - '\ J,;;';' ~ ".()"" .-: \Q' ~~f SEAL }~Ji \ ~~. l~ \ 1i" ...... ~ /''r i ..., ............ /" .....'....................... ,,,'UlI',,, ,,""'\~\ONAl.. ;"11" .' .".1''..........1\1<5' ". :0"'0 .... ....~." ~-.../..." \ -p ~ "u. 'z- fi2;' SEAL :()~ -f-' 'm- ~ ({J~ .: ~ ~ ~'" ...-8/ .......~... ........................ ................ '"'''J'''J'':III,,~\I\.\\''' . .~t""~''''I,- ~~..... ,"SUR;':',,,,, ..' ........~''''' .~~.... - ..........~ t~/t'd,.".TERtD\g' :0: :~: ..~. ..aiii;- ~~'.. 1848 ':~g ~~.. ...lI('"~ ";;,~,. .....~..... ................ "'~/, ".i ,,. ,U.l" ,It. ...... ~T//~ John T. H. Batchelder, Secretary BPOAC2 (combined) (06.02) 16811 BUSINESS CONTACT INFORMATION v: \ ~ 4. ~o" La..,..,r:\.. <;;cc..,~:,,~ ('or'{> (Firm's Complete Legal Name) Main Business Contact Name Title ;;l c 1..\ "S \ "S, <-....) :;:,. , lD S\-,-..., a.-~ (Address) rf\~C\ """" . '\="L.. (City, State, ZIP) "'3,~\LD Phone No. C-?>o~) ~ SS' - q..,... o~ FAX No. C~O" ) ':>'35'" - 0, CH:>'\ Email address: *****-*********-******************************************-******************************** ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) Contact Name v'r-,~ \ ~ P ,,,,,", 'o~G.""" v... Title C 'l!-V\ e...."" \ C'"Y'\c..-o.. co. e.."'" 1 Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) Contact Name y\,', I: p \",-, 'Ioet...v...1-- Title C ~",-~...", \ l"Y\..O'..........)2....... 1 GC-P.12 v : \ ~ 4.- SO,,", L~ ""' c.\ sc.c..~;- r- ~ C.OV-?- (Company Name used s P ee) ~'D. ~c,j,. \~S- (Address) € So \-e..... 0 \==-L. ~ ~'\ ~ e (City, State, ztp) Phone No. (::;)"~"') :;l~.- "\<:.:,\.{ FAX No. (:;;)1>C\) l..(~\ -"l\ l..q, Email address: \l'-tt.:. ~ b.."" ~ \\ G.-;:.~ ~(J.';\:. v:;>..."\ (Address) ~~ ro""'........ \...-.c, It.. Q-$, "\;-L, 3 ~ '=\ \ -==::, (City, State, ZIP) ) Phone No. (~e.9 ') ..:><..., - qc ~ "-i FAX No. 03<1.) ~ 'a\- 1\ l.:. 9 Email Address: 16811 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <:>Bid Number; <:>Project Name; <:>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) All COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET o.....~ . GC-P-13 16811 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Vila & Son Landscaping, Corp. ("Contractor") of 20454 S.W. 216 Street, Miami, FL 33170, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project, Bid No. 06-3935 ("Project"), as said Work is set forth in the Plans and Specifications prepared by McGee & Associates, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting, Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: three hundred forty seven thousand four hundred thirty seven dollars and seventy six cents ($347,437.76). GC-CA-1 16811 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred and twenty (120) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC-CA-2 16811 - such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, six hundred and thirty four ($634.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. GC-CA-3 16811 The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Exhibit P: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by McGee & Associates, Inc. and identified as follows: U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project as shown on Plan Sheets 1 through 49. Contractor's List of Key Personnel Stored Materials Record Project Tracking Schedule Section 7. Notices A. AU notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: GC-CA-4 16811 Pamela Lulich/Bob Petersen Project Managers Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 (239) 774-8192 (239) 213-5899 Fax B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Vila & Son Landscaping, Corp. 20451 S.W. 216 Street Miami, FL 33170 239-267 -9034 239-481-7169 FAX C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of 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 on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-CA-5 16B11 Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in GC-CA-6 16B11 a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. -- GC-CA-7 16B11. "1 ,...'.'!." IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: ~~ S~~ FIRS\CWITNESS fY\a;, L5~e,..:. ol4n . Type/Print Name SE~NESS ~. -. ~ 0.. VV'I ~ ro l a -r r e. S. Type/Print Name By' c... G-e.V\e~" \ ype/Print Name and Title cth'V\ .e.,V Date: 3-~\-bLP OWNER: ATTEST: Dwight E. B~~~k/Clerk BY: CW-u- ~l' Kl1u;. Attest "to', " 't~ I} , ,iQ,.ltureOA 111I Approved As To Form and Legal Sufficiency: O.G.. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA ~~/ Frank Halas, Chairman BY: Print Name: ~111~ Assistant County Attorney --- Item# lu, B l\ Agenda "\ -llL 1\1 Date ~U\O GC-CA-8 16B11 EXHIBIT A PUBLIC PAYMENT BOND Executed in 5 Counterparts U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project Bond No. 0024472 Contract No. 06-3935 KNOW ALL MEN BY THESE PRESENTS: That 216 Street, Miami, FL 33170 (239) 267-9034 and Westfield Insurance Company Surety, located at POBox 5001. Westfield Center. OH, 44251-5001 (800) 430-1386 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida as Obligee in the sum of THREE HUNDRED FORTY SEVEN THOUSAND FOUR HUNDRED THIRTY SEVEN & 76/1 OOTHS ($ 347.437.76 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. Vila & Son Landscaping Corp., 20451 SW , as Principal, , as WHEREAS, Principal has entered into a contract dated as of the /7- day of A 0,.. . { 2006 'th Obi' f Contract No. 06-3935; U,S, 41 North (SR 45) Tamiami Trail North Phase IV ~ ( , WI Igee or StreetscaDe Beautification Proiect in () (Ii tAr (()C/ h accordance with drawings and specifications, which contract is incorpor ted by reference and made a part hereof, and is referred to herein as the Contract. rlE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this /2- day of ---'1f''-' 2006, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Owner's Address: 3301 E. Tamiami Trail Naples, FL 34112 (239) 774-8407 GC-CA-A-1 Signed, sealed and delivered in the presence of: 16811 PRINCIPAL BY: NAME: ITS: b ~.)C. ftr ~ .1-J ~ Witnesses as to Principal STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this 20~, by . ill. ' , as Vila & Son landsca in Cor . , a Florida corporation. He/she is personally known to me OR has produced identification and did (did not) take an oath. /}- Y4 day of 4!-YI/ ~ trrrA f fl1t:M1 cJ.-7 I--1r of corporation I on behalf of the as My Commission Expires: q - d '6 - d-oo'1 ~~~ (Signa ure of Notary) "UI., '1o.>>')llI~. MARIE SHERIDAN f:'( ':-1 MY COMMISSION 1/ DD 466249 ~;;.. . EXPIRES: Augus128, 2009 ''1'. Bonded Thnl NOlIIy Public ~ NAME: ----f('\ () ,f -. e S~ e. v'! J. C\ L---. (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of \='\ D ......-;cl c........... Commission No.: ~ ~ '-\I....z~ d.~q ATTEST: SURETY: Westfield Insurance Company (Printed Name) POBox 5001 Westfield Center. OH. 44251-5001 (Business Address (Auth ' ure) urety (Printed Name) GC-CA-A-2 OR 16811 KCUlful\l C~r~ Witnesses April L. Lively (Printed Name) Inquiries: (407) 834-0022 POBox 5001 Westfield Center. OH. 44251-5001 (Business Address) (800) 430-1386 (Telephone Number) STATE OF Florida -COUNTY OF Seminole The foregoing instrument was acknowledged March ,2006, by Attornev in Fact Surety, on behalf of Surety. He~ is Personallv Known before me this April L. Lively of Westfield Insurance Comoany personally known to me OR has produced as identification and who €HQ (did not) 27th day of as take an oath. My Commission Expires: KA THL-ttN t\. CLAVIjSO~j Notary Public, State of Florida My comm. expo Aug. 30, 2008 Comm. No. DO 351092 M~a ~J~ -(Signature) Name: Kathleen A. Clawson (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No,: DO 351092 GC-CA-A-3 16811 EXHIBIT A PUBLIC PERFORMANCE BOND Executed in 5 Counterparts U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project Bond No. 0024472 Contract No. 06-3935 KNOW ALL MEN BY THESE PRESENTS: That Vila & Son Landscaping Corp., 20451 SW 216 Street, Miami, FL 33170 (239) 267-9034 , as Principal, and Westfield Insurance Company , as Surety, located at POBox 5001, Westfield Center, OH 44251-5001 (800) 430-1386 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, Florida , as Obligee in the sum of THREE HUNDRED FORTY SEVEN THOUSAND FOUR HUNDRED THIRTY SEVEN & 76/100THS ($ 347.437.76 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 2006, with Obligee for Contract No. 06-3935; U.S. 41 North (SR 45) Tamiami Trail North Phase IV Streetscape Beautification Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. HE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Owner's Address: 3301 E, Tamiami Trail Naples, FL 34112-3969 (239) 774-8407 GC-CA-A-4 This instrument shall be construed in all respects expressly understood that the time provisions and -255.05, Florida Statutes, shall not apply to this bond. as a common law bOJ. 6 ij 11 statute of limitations under Section In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this \-z...~ day of A ?.r~ \ , 2006, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence PRINCIPAL ('A.....-......3~ NAME: ITS: STATE OF Florida _COUNTY OF L e -e.. rhe foregoing instrument was acknowledged before me this ~~v.', \ , 2006, by V \.-.~ t\ ~ -c "'-.', ~"-~ c... e.",,-e ""'" \. ("(\0. "'" ......c; '" ___ of Vila & Son Landscaping Corp. Florida lcorporation, on behalf of the corporation. personally known to me OR has produced as identification and did (did not) take an oath. ~'~J~ ~e)l Name: J'f\,..:,.p SI". Q-' de, "'- (Legib Printed) l L-Y.... day He/she - of as a is - My Commission Expires: fi.-,-"-,\",,;,, ~t, ~a-~ ......~........ MARIE SHERIDAN tri)~~ MY COMMISSION # DD 466249 ~. .:~! EXPIRES: August 28, 2009 ".:r.iif.,~ . . Bonded Tllru NOlII'y Public Underwriters (AFFIX OFFICIAL SEAL) Notary Public, State of: ~\ 6 r', ot c....... Commission No.: \)'\J 4Lo G> ~~~ GC-CA-A-5 ATTEST: SURETY: J 6811 Westfield Insurance Company (Printed Name) POBox 5001 Westfield Center, OH, 44251-5001 (Business Address) ~ (Authnri7eGl 8i~I'dlure) Witnesses as to Surety t:~ ~cuu ~ Witnesses April L. Lively (Printed Name) Inquiries: (407) 834-0022 POBox 5001 Westfield Center, OH, 44251-5001 (Business Address) (800) 430-1386 (Telephone Number) STATE OF Florida COUNTY OF Seminole The foregoing instrument was acknowledged before me this 27th day of March , 2006, by April L. Lively ,as Attornev in Fact of Westfield Insurance Company , a Ohio Surety, on behalf of Surety. He~ is personally known to me OR has produced Personallv Known as identification and who €MQ (did not) take an oath. My Commission Expires: ~~.-..J a ~f ~ KATHLEEN A. CLAWSO~ ( ignature) Notary Public, State of Florida My comm. expo Aug. 30, 2008 Comm. No. DO 351092 Name: Kathleen A. Clawson (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No,: DD 351092 GC-CA-A-6 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWE!'~ # AND ISSUED PRIOR TO 05/11103, FOR ANY PERSON OR PERSONS NAMED BELOW. po16.Eilsl Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio General Power _ of Attorney CERTIFIED COPY Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a wCompanyw and collectively as hCompanies,w duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JACK W. GUIGNARD, BRYCE R, GUIGNARD, M, GARY FRANCIS, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. MCCARTA, KATIE N. BIRD, MARGIE LYNN MORRIS, BRETT A. RAGLAND, JOINTLY OR SEVERALLY of LONGWOOD and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: WBe It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.w "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.w (Each adopted at a meeting held on February 8, 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 11th day of _MAY A.D"2003 , . ................. ""UI-,jt." Corporate /'-:=~"R.(~""', ,,"'~\()NAI. /"'" Seal s '- ~ ,~,'M""",('4' '\ ,,' ~\'-...........;'V<5'C> AffixedJi)'/" - '\\Ct\ .l'Q..... .....1"\ litfgr1Xt ~;.) Eiif! ".~<. t ~\ l:.t.M.Lt l~ ~ Ef SEAL 1~ ~ \~. I~ ~~\ fog \t~.......~_......"c''' 0:...-;..... .....O} ""' '''''''' ............... \\.......... State of Ohio """"'I~H""\'" County of Medina. ss,: - ............~"u,1. ..~.... \ISU';~'"'' f .......~~'.... ~~ .. - ...it' '" I ~/t;A"'TE'tD\g\ =0: :~= \~.. 1848 .~1 \, . ......:':........ :! ""II "....... ',~.,'.t.....,",... WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Richard L. Kinnaird, Jr., Senior Executive ;Pz. On this 11th day of MAY A.D" 2003 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order, ;aL Notarial ..-'-..... dA . Seal ,....~\ li.l '.... ". Affixed h~;~\ii.lit?;). ( ~E . William J. Kahelin, A rney at Law, Notary Public Stole of OhIo , :=,...~: My Comm',,'oo Do" Not Exp' ,e (Soc, f 47.03 Ohio Re,"ed Code) County of Medina ss,; \.).~ - ~"":-' ..... .,. ~ 0 f' 0 ."., ...,.,..4.ft'I'.......,,' I, John T. H. Batchelder, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., ...............,."", ", "" R.( ...... "-~ ~...M....~('i.\ J';:/ - '\et "'\ ii:;:SEXl \Q} q~! P..L i~ \ ~\. 1.Ji. \ "J...... ~ .....~J ...~ . ............ _/'" .....,............... """\1.,111",, ,""'\~\ONAl. / ",, ,." ~1';...........:y<5' "', ::Q " ..0il~ ;;"'-...J;. ....y~ : '<I~ '.'2.:' :i:L' SEAL '0" ~f-: :m~ ~~\. 10;; \-;.... /0; ............ .'. '.. -...- ,.' ,-- ~..."''''..... 11",J..IIH~'I'.,'\'\\\\ .........11',,,,, ,.~..... \"SILt ;'~"'" .... .....:.~.."..";o"ll. l~."" - ....:-it'-~ f~fty."'TERtIJ\g , :0' :Ks :.-!\ .z: \l5\ 1848 ':~5 -;<Io#.. .....::--........ ......f' "'1, ............... "'1"...."...,..... ~T#~ John T. H. Batchelder, Secretary BPOAC2 (combined) (06-02) 04/24/2005 14=37 2392679034 \iILA A~I SON 16"B71 ---. ~,. CE RTI FICA TE OF LIASIUTY INSURANCE P*9'l 1 of 2 041:t'fa006 "'7-tU...13? L~~...aM!M"~ "IWIb'"W - ......_,t 0." o.n.t: ~YI' T! DOlI BY ~ U'fSID = 1I!U1U...... ....., X-. 2. QflIlt1lI)" a1.... .. c>. ... 305191 ~11., ~ 3'7230.51" .... Yu. .... ... tlr~'~l1... ~ 10411 .. in.. ___ ~,I'I. U1'JO 1N8U.... AJIIIIORDIN.G COVERAG! llE JIICIUCISS OF INSl.IIWCE LJSn!D -.ow HA~.... IIIlJED TO 'IHlltol8l.lflaD NiWI!O AIlOVE FOFl nee PQ"fCY PERICP INClCATED. NO'TWITMSrANDlNG N<< A!QUIA&M&Nr. TERM OR CClNDmON ~ N<If 00NnU,CT OR OTHeR ClOCUMIlNT WITH PlE8fIECT TO ~ THS C!OJmlllCA11E MAY IE ISSUED OR 'MY PEl'ft'1ltM. tHI ft8UlWICE APfIORDED IW THI PoucIQ OIlICAIlED I'EftIlN 1& SlBJECTTO ALllliE TEAIIofS, EXCLU8ICINS AND CONDfllONll OF SIJCH 1IOUCl&8. AOOIIII!!GATI LIMlT8BHOWW~Y HAVE IlUMfllrmucE.D.....'AIO CUIMS. T't'No; ~u.u.n'f' Cl;M,\EIIllIAL~ I.WWlY CIJdlI8 ~ [i] OOCUII ~IU331n036 t.lEbfXl> P~A N1l/11WRV GENeIW.~n: PROClUCTs-a:-IC/I'MG ~ .a&7Z'UJIJ'7380tG 4/1/2006 .4/1/200'7 ' COMllNED~LlUn' '$ 1,000,000 [&........., I IIDDI. V 1NJUA'r' !"WPlI'IlJI'II 1IOCl1l v N.lI,IRY $ (Pw""*"'"O -I. PROI'B'l'TV OIlJI(AQE (.... acldInll i~'nf"'" o\lJ1'QCNI. v: "/1/100' ./1/2007 I tw:H CICClJIW!HCE AowGAU ~/1/aOOf ./1/2007 . _680100.1 tlCUlmIll.E ~ . c: "'-~ncM'-' ....... LIUIUn' wt~ERElIecU'nVE 0flIIICIiRJI'III 'lefll1IllCLWSit . ..... GnIIR 'r1C&'UJ37l18015 - CIlPfllllHFIlII'Dll~Jd..~ _1ICll.....,...-........ .1IIlIDo\l.'llOJIIlanl IPnjeat:.: tid, 0'"-"'5 tI,$. C1 IIoftb (SR 45) ~ 'l'rall Ik:orth I>~ IV ~~ ~.u!t:&t.:l.ca ~~~. Co1~ c:o.o~y ~ U M:t:8by u.d .. aQ adcU.UODal :EalN1*! u z:.apHlt. a.a.r.l L!.abill1t;v, brlit. .o.lal' in ~ ~o woU. -iaO pe~o"" .... OE' ca beba1f of the -......cs InhQd., :1'E HOI..DER tA --.0"'" 01' 1'IlI MOIf!~ POUCII!lI. ~ .. -.oIIETIlI!.......TlClIl 1M'" nIIfIfOf, 1fti..... .... WILL --VOlt \'0 lMII. ~ DAYS WMmI IIllmtIIlO TNIt ~'I1lllOl.llllttl.MlRl TO..... ....,., IIIf f'1oIWIIt: lO 00 ~_L ~ 110 ~TIDlII OIIII.IAIIILIT'I' OF Nf'f alii _ 1M!! ~, "" AGENnI 011 CD1..Uer CMmtlJ' ~J:J" .. 3301 .. ~ hIlU bp-l..., no 3UU ACOAD 15(1C101/01) 0 ACORD ~'T1aN 1988 16811 ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE 03/24/2006 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE WilUs IIIorth ~rica, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. o. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# ~1lED Vila and Bon Landscaping Corp INSURER A: Wausau Unct.rvriters Insurance CaalEIanv 26042-001 20451 SIt 216 street INSURER B: St. Paul Fire and Marine Insurance ComDan 24767-004 Miami, FL 33170 INSURER C: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Y VE I Y TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE [i] OCCUR POLICY NUM8ER 4/1/2005 4/1/2006 A x TBJZ91433738035 PERSONAL & ADV INJURY GENERAL AGGREGATE 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 000 POUCY P LOC A AUTOMOBILE UABIUlY ASJZ91433738025 4/1/2005 4/1/2006 COMBINED SINGLE LIMIT (Ea occident) $ 1,000,000 X ANY AUTO ALL OWNED AUTOS 800IL Y INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE (Per occident) GARAGE LIABILITY i AUTOONL Y ,EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: B EXCESS LIABILITY QI(06801003 4/1/2005 4/1/2006 EACH OCCURRENCE X OCCUR D CLAIMS MADE AGGREGATE WAJZ91433738015 4/1/2005 4/1/2006 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE, POLICY LIMIT $ A DEDUCTIBLE RETENTION $ WORKERSCClIIPEMSATION AND E...LOYERS' LIABILITY ANY PROPRIETORIPARTNERiEXECUTIVE I OFACEMAEMBER EXCLUDED? . ~re"dl~~~oos below OTHER DESCRIPTlOIIOF OPERATIONSILOCAnONB/VEHlCLESlEXCLUSION8ADOED BY ENOORSEMENT/SPEClAL PROYIBlONS Project: Bid' 06-3935 U.S. 41 North (Sa 45) Tamiami Trail North Phase rv Streetscape Beautification Project. Collier County Goverment is hereby named as an Additional Insured as respect General Liabililty, but soley in regards to work being performed by or on behalf of the Named Insured. Collier County Government 3301 B. Tamiami Trail Naple., rL 34112 CANCELLATION SHOULD ANY OF lME ABOVE DESCRIBED POLICIES BE CANCIiLLED BEFORE lME EXPIRATION DATE THEREOF, THE I8SUING INSURER WILL ENDEAYOR TO MAlL ~ DAYS WRI1TEN NOnCE TO THE CERTlFICATE HOLDER NAMED TO lME LEFT, BUT FAIWRE TO DO so SHALL IMPOSE NO OBLIGAnON OR LIABILITY OF ANY KIND UPON THE ~RER, ITS AGENTS OR REPRESENTATIVES, A REPRESENTA CERTIFICATE HOLDER ACORD 25 (2001108) Coll:1579325 Tpl:358240 Cert:7049468 C ACORD CORPORA110N 1988 16811 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Coll:1579325 Tpl:358240 Cert:7049468 16B11 EXHIBIT B INSURANCE REQUIREMENTS (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 Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor 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 Contractor'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) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, _. ")n a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. -'9) Should at any time the Contractor not maintain the insurance coverage's required herein, the .Jwner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 16811 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse .)wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. 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 Contractor. 11.3. All insurance coverages of Contractor 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 Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. 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. 11.6. All insurance policies to be provided by Contractor 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. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY - qequired by this Agreement? ~ Yes _ No GC-CA-B-2 16811 ,._, (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the ":;ontractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee tL $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. (check one) D Applicable C8:I Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) D Applicable C8:I Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 General Aggregate $ 500,000 GC-CA-B-3 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage l General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Prod ucts/Completed Operations Agg regate Personal and Advertising Injury Each Occurrence Fire Damage 16811 $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." ''3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such ~overage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) D Applicable [ZlNot Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) D Applicable rg] Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no -"'erson or entity other than the Owner has an insurable interest in the property required to be covered, GC-CA-B-4 16811 -- whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the - Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? lL Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 .. 1L- Bodily Injury & Property Damage - $1,000,000 GC-CA-B-5 16B11 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 16811 COUNTY OF COLLIER ) STATE OF FLORIDA) EXHIBIT C RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for Itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2006 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC-CA-C-1 _._""_""__""'..";w-"^".".,,....,.,,_~.."'"___~_,'_""'.~_._..__.,~"~"""'.'_"'M_"" .16811 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ = Less Retainage $ Less previous payment (s) $ % AMOUNT DUE THIS % APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work, By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 "'''--''''-_,__-"",,,,,,,",,-_.,""~.,.._,..., ""_.._....._.~"..._~n"_"".."_...'-...._.____.___._,,~___."" en w ~ ..J <I( > IL. o W ..J ~ Q W :t: o en '" .. ... e ::J 0 Z .... .. ." ~..!! f . ~ ILOD. '0 .. :s ~ c o (,) ;;; e- ~ !:: ~ lD :J: >< W .. .. e- lL ....w z'" ww (,)..J II::IL w::li !LO o ~eW ..J",WI- <wll::<( .....JOe o ILl- ...::EmO 8..1- UI Q..J w< 1I::ii: Ow ...... /h< ::Ii e w I- W ...J /1. == o (,) :.: II:: o ~ e mO i~ I-W II. /hw z'" 0< -0 "'w <0 ~z ..J - D./h D. <w /h... :;:1< QO >:;:1 WII:: 1I:::r IL... o W ..JW :;:1:;:1 0..J w< :r> o /h z o j: 2: II:: o /h W o It ::Ii::: ~::Ii -:;:I z 16811 :::I .- .,2 - '" ~'" c_ E '" 0:5 (,) '" .~ ~ u'" '" c: ':::0 c::+: 0'" (,) E ., '" .e~ - c - C :::I C c E o :::I :;::0 <<II 0 E ll> '"- o '" :;=0 ~ "'.e "1- ~ ., 10 :5 = c ;='" :::I ., o , !> <<II '; 0 .. '" ll> ,- .e., ;= c '" '" ,- c m ...J < I- o ... .!!~ '" ., Cl .. C :::I ,- ~I~ I-c Q) '" .e.e 1-0 ;,,;# c ., :8:5 "'- o 0 ~2 c '" <'" co ., ~ ~ = ~ '; .E -= ~c!'! o..:J~ .. c C cu 0 .- "0:;:;4) c ""0: ::JEc co .. '" cO.e E';;: U j = CD .e 0'" _ o .., 0'" 0 :: ~ .~ - c ., "e", :S co CD .. .e C ~.~ ~ c:5 " -:8~~ ~I":' :: "''''.e 10j"Q _ >< 0 '" UJ_.e . c;= N o <l: u I <.) (!) 16811 EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: Change Order Description FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount........... ........... ..... .......... ......................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ..,....."........,...... .............................. .... $ Revised Agreement Amount................. .......................................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, 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. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator (For use by Owner: Fund Numbe~ ) Cost Center: Object Code: Project GC-CA-E-1 16811 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, PROJECT: Design Professional's Project No, CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 16811 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2006 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2006 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2006 OWNER By: Type Name and Title GC-CA-F-2 v'V"':'" '_'_''''_'___''''''''''~''''__'''''_''";C''''_''''''.'''"_~~'''~'''''' .',...,.'_.,_....,"._,_......~._,.,._~,_""...,......."__<.."".~.._~'__"'_~_~.._____~____. 16B11 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2006 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1, All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation, 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase, 12, All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) GC-CA-G-1 By Design Professional: By Owner: GC-CA-G-2 Ill" _..,. .. 16811 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16811 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 16811 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 16811 3. SCHEDULE. . 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Sunday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. Lane closures are only permitted between 9:00 a.m. and 3:30 p.m. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 16811 4,3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work, GC-CA-H-4 ~"'__'__'_'m_'''_'_'~._''_'-'''-'',""",'_''_~''",_,_",~,_""_,_..,..., :,' "" 16811 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C. acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC-CA-H-5 16811 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a proper'y executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7 . SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC-CA-H-6 ...dI.........__..., r..~.. nl 16811 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shan make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 16811 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC-CA-H-8 16811 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Cpntractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 ___""_<'_'_"''''''''"'''~'~''''''~'P''~__H'~'_'''''''_'',,,,_~__,,__ 16B11 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or GC-CA-H-10 16811 sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC-CA-H-11 16811 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC-CA-H-12 16B11 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC-CA-H-13 16811 bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC-CA-H-14 16811 of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC-CA-H-15 16811 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC-CA-H-16 16811 they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct GC-CA-H-17 16811 the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. GC-CA-H-18 16811 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC-CA-H-19 16811 as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager GC-CA-H-20 16811 shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5. B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably GC-CA-H-21 16811 encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: GC-CA-H-22 16811 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such GC-CA-H-23 1.6811 meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completionltermination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales. consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as setforth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by GC-CA-H-24 16B11 appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. GC-CA-H-25 .............. --- 16811 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: GC-CA-H-26 16811 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, aU Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1 .1 5 34.1.16 34.1.17 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds GC-CA-H-27 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 16811 Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC-CA-H-28 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC-CA-I-1 16811 16811 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 16B11 EXHIBIT K PERMITS GC-CA-K-1 16811 EXHIBIT L STANDARD DETAILS GC-CA-L-1 16811 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 16B11 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 C Ir: a o W Ir: at/) ..J I-c( iiiii: -w J:I- ><c( w::E c w Ir: a l- t/) T {!. Q)- wu'! C <<4 ,!!C ftJ- ID - W 't:S II ~ ~ oo-Q) , so. () ~ _fa , -.c to- CD- + <( ~ .. <<4 't:S ro = .!! :::J () 0- E -s: .; o ! C u.. 0.- - 'E o u ~ ..!! ftJ 'C .s ftJ :i 't:S ! .s en 't:S'g Q) -- > .. CD .- Q) Q)o.. u en ~:c I- - ~'t:S ! Q) <( o'~ -- Q) I ~ i "0:: 0. 1 I Q) .. I~ .8 o E > = .5z - .. Q) ~ = en - C o ~ .. u l<< c I I I 1 I T ~I I IITTI~ 16811 I I I I I T t==l . -f--.~ l-- - I.- - f--.I-- - I I 1 -~- ~ I , 0 I <( () - I () (9 - --- -- -1--1 I I I I I I I I --- J --- 1-LlllL _, I I I -1 1 I I I I I -L-- S ftJ c 1----1 J I I I . .<1!' _____~N~_._..' 16BIll 06-3935 Project Tracking Schedule CONSTRUCTION AND CONTRACT TIME LINE SCHEDULE BID # 06-3935 U.S. 41 North Tamiami Trail North Phase IV Streetscape Beautification Project LANDSCAPE IMPROVEMENT CONSTRUCTION ;~~::~~~~4i;~~~~~~~;!~{~~i~~i~iif~Vt.~€t1r:{t~~~12~~ DATE CERTAIN DATE: DATE: CONTRACT AND/OR CONSTRUCTION ACTIVITIES CONTRACT AWARD NOTICE TO PROCEED DATE: DATE: DATE: :~f~~JI.f{4~J.J] IRRIGATION SYSTEM SUBSTANTIAL COMPLETION itF.A!{4I!fi~JmDAYS TO MAKE SUBSTANTiAl COMPLETE OBSERVATIONS CREATE OBSERVATION PUNCH LIST FOR IRRIGATION SYSTEM ONLY DATE: DATE: DATE: DATE: t&~.jn.1I~tl~~ PROJECT SUBSTANTIAL COMPLETION OBSERVATION CREATE OBSERVATION PUNCH LIST FOR ENTIRE PROJECT t~!~~~~Wtt~:l~~~DAYS TO MAKE OBSERVATION PUNCH LIST CORRECTIONS DATE: DATE: ~~~~IY~~~~~'1i FINAL COMPLETION OBSERVATION COLLIER COUN1Y, DESIGN PROFESSIONAL ~~~~.;]1i"filil(d~T,i{~ FINAL ACCEPTANCE NOTIFICATION DATE: DATE: DATE: ~h1aB~~:!lANNUAL WARRANTY OBSERVATION DATE: 1'~_~~~WARRAN1Y CORRECTIONS & NOTIFICATIONS WARRANTY ACCEPTANCE NOTIFICATION COLLIER COUNTY, DESIGN PROFESSIONAL APPROVED BY: DATE: DATE: DATE: DESIGN PROFESSIONAL COLLIER COUNTY TRANSPORTATION DEPARTMENT CONTRACTOR MEMORANDUM Date: March 2, 2006 To: Gianfranco Nicolaci Trans/Stormwater Management From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Work Order #PBS-FT-3371-06-01 Contract # 02-3371 Contractor: PBS&J Enclosed please find one (I) copy of the document, as referenced above, (Agenda Item #16BI2) approved by the Board of County Commissioners on Tuesday, February 14,2006. An original is being retained in the Minutes and Records Department and a copy is being sent to the Finance Department. If you should have any questions, please. contact me at 774-8411. Thank you. Enclosure 16812 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIi 6 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the exception of the Chairman's silffiature, draw a line throUl2:h routiO!! lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Ust in routing order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the horder of the original document pending Bee approval. Normally the plimary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signalure an: to be delivered 10 the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Gianfranco Nicolaci Phone Number 213-5859 Contact Agenda Date Item was February 14,2006 Agenda Item Number 16B 12 Aooroved bv the BCC Type of Document Executive Summary, Budget Amendment, Number of Original 6 Attached Work Order, Scooe of Service & Map Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Aoolicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages horn ordinances, raN resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and oossiblv State Omcials.) 2. All handwritten strike-through and revlsions have been initialed by the County Attorney's 6,;0 Office and all other parties exceot the Be:: Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of Bce approval of the GAJ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's GI\J signature and initials are reqUIred. 5. In most cases (some contracts are an exception), the original document and this routing slip shouIclJ>e provided to Sue Filson in the Bee office within 24 hours of Bee approval. 6N Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Bl: aware of your deadlines! 6. The document was approved by the BeC on 02/14/06 and all changes made during GN the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan!!es, if aDolicable. 16812 EXECUTIVE SUMMARY Recommendation to approve a Work Order in the amount of $152,486 to PBS&J for design of the North Road Ditch Improvements Project (Project No. 511381), in accordance with the Transportation Planning Services Contract No. 02-3371 and to approve a budget amendment in the amount of $30,000. OBJECTIVE: To receive Board of County Commissioners' approval of a Work Order for the North Road Ditch Improvements Project (Project No. 511381), to PBS&J in accordance with thc General Transportation Planning Services Contract No. 02-3371. CONSIDERA nONS: Thc North Road Ditch Improvements Project will consist of enclosing the 4,100 foot long roadside ditch that runs down the south side of North Road, and rcplacing it with an adequate stormwatcr pipe system. Enclosing the ditch will provide additional shoulder space and improve safety, as wcll as health conditions, in thc neighborhood. The project includes the preparation of construction plans and permitting for construction ofthc new drainage system. Collier County had previously hired PBS&J for planning, design, survcying and pcrmitting for a culvert replaecment in North Road, located southeast of thc Hazel Road intersection. In order to develop the scope of work for the North Road Culvert Rcplacement Project, PBS&J completed a preliminary report investigating the Rock Creek basin from a general perspective. The components of the report included the following: . Ecological assessment of both shoreline habitat and benthic community . Agency authorization and permitting rcquircmcnts . Site survcy (of culvert replacement and continued downstream to Airport Pulling Road) . Gcotcchnical investigations . Preliminary downstrcam study (with potential dredging considerations) By completing all thc deliverables from previous projccts on time and within budgct, having an cxtensive knowledge of the surrounding area in addition to experience with the County's processcs and procedures, PBS&J is eonsidcrcd to be the most practical and cost cffective consultant choice for a much necdcd project. Because of these reason, thc Stormwater Department has requested PBS&J to present a scope of service for the surveying, design and permitting of the new drainage system. FISCAL IMPACT: The total funding needed for the design phase is $152,486. Funding in the amount of $125,000 is available in Fund 325 North Road Ditch Improvements Project (Project No. 511381). For additional funding to support design and permitting fees, move funds in the amount of $30,000 from the Countywide Swale Improvements (Project No. 51140 I) to the North Road Ditch Improvements Project (Project No. 511381) by a budget amendment. The source of funding is ad valorem taxes. 16812 GROWTH MANAGEMENT IMPACT: The North Road Ditch Improvements Project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDA nON: That the Board of County Commissioners: (1) Award a Work Order under Contract No. 02-3371 to PBS&J in the amount of$152,486. (2) Direct the Board Chairman to execute a Work Order under Contract No. 02-3371 with PBS&J. (3) Approve the necessary budget amendment. Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater Management Department. Attachments: (I) Work Order; (2) Location Map; (3) PBS&J Scope of Services; (4) Budget Breakdown 16812 BUDGET AME\fI>1\1I<:N'1' R~:QlII'SI' I iff Hl.id!~d' Finan.;:" (-~C' j).\1 JE< BARi! A.I' H. Dale' Fnnd Nn11lber 325 FUlld Description County Water Mgmt Stormwater Attach Executive Summary Itl'lIl No . ]6 B Date Prepared ] /26/06 Approved by BCC on 2114/06 Fnnd Center Title. WBS Element Title WBS Ueml,nt 51 ]401 Fund Center Title WBS Element Title. Fund Centl,r 172940 wns Element 5] 1381 Fund Center Title WBS Element 'fille Fund Center WBS E1emcnt E'pense Budget Detail Stornl\Vaterc;apital Wide Storm Sewer Fd Ctl No . 172940 WBS No 51140] ('I Commitmcnt Item Desnipt iou 1111provemcnts . . . Nl'l Change to Budget E'perlsc Budget Detail Storm Water Capita..1 ........M........."................... ......... North Road Ditch Fd Ctr No. 172940 WBS No. 51138] Commit IUm 763lO0 CUlTl'ul Net 10 Expense Budget I>etail Fd Or No. WBS '\10 or Commit Item Increase . !~e('E.ease) Revisl'd Current Iludget . COlllmitment Item Net Change to Budget Revenue Budget Detail 16812 Fund Center Title WBS Element Title Fd etr No. WBS No Commitnwnt Itt'm Description CUl'nnt Revised Budget Net Changt' to Budget EXPlANATION Why are fnnds needed'! Funds are needed for the PBS&.I work order to design the North Rond Ditch Improvements project 511381 in Fund 325. Where an' funds available? In F'und 325 Project 511401 County Wide Swale Improvements. REVIEW PROCESS DAn: 'Cost Center Din'dor: Division Administl'alol': Finance of Board Admin.: Inpnt by: RA. No.: 16812 TABLE I Project Budget North Road Drainage Improvements - Task Order l.L.abor A. PBS&J Labor PBS&J Contract Labor Multinlicr= 100 Task PBS&J Raw Labor Rates and Hours PBS&J PD SPE Ell SSJI SOJ SAil No. Descriptioll Total Cost $150.00 $108.00 585.00 5124.00 $85.00 566.00 North Road Drainage Improvements 1 Kick-off meeting/Data Collection 2 8 12 , 4 2 36 53,648.00 2 Surveying 2 8 4 4 10 2 30 $2,982.00 3 Geotechnical Investigations 2 8 4 0 0 , 16 $\,636.00 4 Environmental Investigations 2 4 12 30 18 16 82 $8,058.00 5 Utility Coordination 2 4 40 0 12 8 66 S5,6~m.OO 6 Pre-App Meeting 0 4 16 4 16 4 44 53,912.00 7 Drainage Design 12 48 90 8 24 , I" 517,798.00 8 Cunstruction Plan Preparation 16 60 80 4 300 8 468 $42,204.00 9 Engineer's Opinion of Probable Const Cost 2 16 40 0 8 2 68 $6,240.00 10 Specifications 4 16 60 1 0 50 131 $10,852.00 11 Permitting 10 " 60 40 40 18 196 $19,172.00 12 Bid Assistance 4 , 24 0 2 8 46 S4,202,OO Subtotal 5S 212 442 99 434 122 1367 5126,384.(1{} Construction Management - To Be Determined $0,00 Subtotal 0 0 0 0 0 0 0 $0.00 Total Labor 58 212 442 99 434 122 1367 5126,384 II. Expenses Expense Item Total Cost 1 Reproduction-Plans $900.00 2. Reproduction-Photocopies $125.00 3. Reproduction-Specifications $450.00 4. Shipping $287.00 5. ComputcrmoJcling $800.00 6 TflIvcl 51,300.00 7 Total Exocnscs 53,862.00 Sulx:onsultants Total Cost 1 Surveying $16,040,00 2. Gcotcchllicallnvcstigations 56,200.00 3. Total Expenses 522,240.00 III. Project Total Item Bud ct A. Labor 1. PBS&J $126,384.00 2. Subconsultant 522,240.00 3. Total $148,624.00 B. Expenses S3,862,(){) C. Gr.J.nd Total S152,486.00 Agenda.BCCAGENDA.20359/Summary 2/2/2006 WORK ORDER # PBS-FT-3371-06-01 Agreement for Fixed Term Professional Transportation Planning Services October 22, 2004 (Contract #02-3371) 16812 This Work Order is for professional Transportation Planning Services for work known as North Road Ditch Improvements See attached scope of work for detailed description of the studv The work is specified in the proposal dated December 1, 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 # PBS- FT-3371-06-01 is assigned to PBS&J. Scope of Work: A Labor 1.0 PBS&J 2.0 Subconsultant B. Expenses C. Total: Fee $ 126,384.00 $ 22,240.00 $ 3,862.00 $ 152,486.00 Schedule of Work: Complete work within Notice to Proceed authorizing start of work. 195 days from receipt of the Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or 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). 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: _ 9 O:</S'~G Date Gianfranco Nicolaci, Project Manager Storrnwater Management Department M /Y/, ~ Gerald N. Kurtz, P.E., Principal Project Manager Stormwater Management Department !1q_ d!/~- Eugene Calvert, P.E., P.T.O.E., Director Stormw ~r Ma age ent epartment .~. . Norman Feder, AI.C.P., Administrator Transportation Services 2./ {lo /0(, . Date' REVIEWED BY: AUTHORIZED BY: 2//7/c~~ Date APPROVED BY ,~/17 }6~, 'Date' ATTEST: .... .~':.. ...., _. Dwight E. Brock, Cler~. . BY:~J,{JL'CJ2 .Qi\~:v-c~ ,,~ajJ:C e ~y__t ~s~~n s r-. ~. " ~~, oW'. Date N. -6'l6 '. .\'" ~ / . '\: ' '., c]c~.::~li ~ BOARD OF COUNTY COMMISSIONERS Collier County, FI~ By: ~> ~./ Frank Halas, Chairman 1 16812 AT (Re. By: 31 .::iecretary) ;fC;/~&Lh ~lrol ]. S,hd~ /()IJeru.hOF1S (Print NamelTitle) I PBS&J .~O; ~-'/ By: C~ClrLj,n1irBtraron M. Phillips/Vice President (Print NamelTitle) m,"d al ufficie : ~ -.Jt Assistant County Attorney 2 16812 SCOPE OF SERVICES COLLIER COUNTY PRELIMINARY ANALYSIS, DESIGN, AND PERMITTING OF NORTH ROAD DRAINAGE IMPROVEMENTS Background: Collier County (COUNTY) has previously contracted with PBS&J (CONSULTANT) for drainage improvements associated with a culvert replacement in North Road, located southeast of the Hazel Road intersection in Naples, Florida. As a continuation of improvements within the Rock Creek Basin, this task order will require professional services in support of assessing the enclosure of the open ditch that runs along the southside of North Road. Project Limits: This project will start near the intersection of Hidden Terrace and ends at the point North Road jogs to the northwest (total length of approximately 4.100 feet). PROFESSIONAL SERVICES: The professional services required to address this task order are described below. Task 1: Kick-off Meeting and Data Collection: PBS&J will meet with County representatives to discuss the existing conditions, the project schedule. collect boundary condition information. collect other availabie electronic information and discuss project objectives. In addition PBS&J will review existing as-built and GIS information for the project. Deliverables: . attendance at one kick-off meeting to discuss project, personnel, and flow of communication Task 2: Surveying Services: PBS&J shall contract with a Certified Surveying and Mapping Company to provide survey services consisting of locating existing horizontal and vertical control (GPS Localization) for the entire project site. All vertical data shall be referenced to the North American Vertical Datum 1988 (NAVD '88) and the conversion provided for the 1929 NGVD. The survey limits shall include: the County right-of-way for North Road beginning at Hidden Terrace and continuing west approximately 4100 lineal feet. Scope of Survey Services: 1. Topography survey at 100-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data. which shall include the following: a) Location of all visible fixed improvements within the right-of-way (including 10-feet back on each side of the right-of-way) of the project limits. including physical objects. roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b) Location of available above and below ground existing utilities: Street lights, FP&L. BellSouth, Cable TV. Natural Gas, Potable Water (pipe diameter. TOP, valves, fire hydrants, and meters). Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. c) Identify platted rights-of-way (including bearing and distances for centerline). lot numbers. house address, ownership lines, block numbers and dedicated easements according to record plats. d) Elevations shall be indicated every 50-feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks. driveways and sidewalks. Two grades (one at the right-of-way line and one 10 feet back) shall be indicated on the driveways to indicate direction of grade. 16812 e) Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established County Benchmark. f) All survey work shall be performed under the direct supervision of a Professional Surveyor and Mapper licensed to work in the State of Florida. All work is to be performed in a manner pursuant to Chapter 172 and Chapter 472 of the Florida statutes, and Chapter 61 G17 of the Florida Administrative Code. g) Additionally. PBS&J shall "ground truth" the survey by walking the site and comparing the completed survey with existing conditions. h) County will assist Consultant regarding access to work within the Avion Woods Drainage Easement along North Road. County shall provide Consultant with a letter (on County letterhead) indicating that Consultant is working on behalf of the County for facility drainage improvements. i) Include horizontal control of delineated wetland limits Deliverables: . Copies of all survey field notes o A list of all geodetic control points utilized in the completion of the survey o An electronic point file of all points in ".txt" (Point Number, Northing. Easting, Elevation. Description) comma delimited format, in both local ground coordinates and State Plan coordinates (Florida East Projection, North American Datum 1983) in U.S. Survey feet, with explanations of any abbreviations used in point descriptions. o 2 copies of the final survey, signed/sealed by a licensed Florida Professional Surveyor and Mapper. This task wiil not inctude: o Boundary surveys of adjacent land owners o Softdig or pothole locates Task 3: Geotechnical Investigations: PBS&J will contract with a geotechnical engineering firm to perform subsurface explorations and geotechnical studies for the project. These explorations will include the performance of the following: o Explore subsurface conditions ot the proposed project using three (3) Standard Penetration Test (SPT) borings drilled to 20 feet below the existing land surface and four (4) auger borings to a depth of 10' below the existing land surface. The SPT and auger borings will be positioned in an alternating pattern at approximately 600 feet intervals along the project limits. o Determination of depth to groundwater and the seasonal high groundwater level estimates/discussion as they affect design and construction. o Perform test excavations and/or soil borings to investigate the soil conditions (e.g. internal friction angle, cohesion. unit weight and earth pressure coefficients) for culvert replacements. Culvert replacements shall only include reinforced concrete pipe. o Recommendations for subgrade preparation and backfill compaction, suitability of excavated soils for use as backfill and other geotechnical construction considerations. Deliverables: . 2 copies of a Geotechnical Investigation report summarizing geotechnical data. Task 4: Environmental Investigations: PBS&J environmental scientists will: o Determine landward extent of state waters as defined by Chapter 62-340, FAC., as ratified in Section 373.4211, F.S. 16812 . Determine the jurisdictional boundaries of wetlands and surface waters as defined by rules or regulations of any other permitting authority (local. State, and Federal) that is processing a permit. . Prepare aerial maps showing their jurisdictional boundaries of wetlands and surface waters. The maps shall show the jurisdictional limits of each agency. All jurisdictional boundaries are to be tied to the project's baseline of survey. . Prepare data in a tabular form which includes 10 number for each wetland or surface water impacted. size of wetland to be impacted, type of impact and identify any wetland or surface water within the project limits which will not be impacted. . A technical memorandum will be prepared to summarize potential impacts and mitigation required during permitting. Task 5: Utility Coordination: PBS&J will coordinate the improvements with existing utility owners in the vicinity in order to reduce the likelihood of conflicts with the proposed improvements. Existing underground utility information will be obtained from utility red-line markups of the preliminary plans and through coordination of a design ticket from Sunshine. Task 6: Pre-Applications Meetings: PBS&J will schedule and attend a pre-application meeting with the USACE. the Department of Environmental Protection, and/or South Florida Water Management District. and Collier County staff to discuss the proposed project. Issues to be discussed include application and severance fees, water quality, permitting requirements, avoidance and minimization issues, and applicable mitigation. PBS&J will prepare meeting highlights for the meeting. Oeliverables: . Attendance at 1 pre-application meeting with each of the agencies identified above. . 1 copy of a memorandum summarizing the meeting highlights. Task 7: Prainage Design: Based on the coilected data PBS&J will develop a stormwater model (ICPR) to confirm the proposed culvert size within the project limits. If no detailed model of the drainage system for the project area is available, fiows from the drainage area upstream of the culvert structure will be estimated by assuming a single basin to that point. No hydraulic routing calculations are anticipated. The model will inciude applicable downstream tailwater conditions (based on available tidal conditions). PBS&J will also perform a hydrologic/hydraulic analysis to assess upstream or downstream impacts. If necessary, potential mitigation measures needed to mitigate for flood increases downstream will be assessed, and a plan to mitigate for ecological impacts along the banks of the ditches will be analyzed. At this staue. the aroieet feasibilitv will be assessed based on the mitiuation needs. PBS&J will summarize the findings in a report including discussions regarding: data collection, hydrologic and hydraulic approach. input model, flood stage elevation. fiow rates, and environmental investigations and project recommendations. Supporting figures. maps. and aerials will be included within the submittal. Deliverables: . 2 copies of the final report This task will not include: . Basin-wide stormwater modeling . Development of wetland mitigation or flood mitigation plans 16812 Task 8: Construction Plan Preparation: PBS&J will prepare construction plans (24" x 36") based on enclosing the open ditch within the project limits located along the south side of North Road. Improvements are anticipated to include fill. headwalls, reinforced concrete pipe, slope protection (rock rip rap), replacement of existing pavement, drainage inlets. sodding, etc. We anticipate that the construction pians may consist of the following: . Cover Sheet . General Notes . Symbols. Legend and Abbreviations . Existing Site Plan . Horizontal and Vertical Control Sheets . Erosions and Turbidity Control Plans . Plan and Profiles . Cross Sections (as pertinent) . Details As this project is on an accelerated schedule PBS&J anticipates a submittal to County Staff at the 90% stage. PBS&J will incorporate any comments from each individual phase submittal into the construction plans and proceed with preparation of 100% Final signed and sealed plans for construction. Deliverables include: . 2 copies of 90% complete construction drawings for COUNTY review . 3 signed/sealed copies of 100% complete construction drawings This task does not include: . Bridge design . Development of wetland mitigation or flood mitigation plans Task 9: Engineer's Opinion of Probable Construction Cost: PBS&J will prepare the Engineer's Opinion of Probable Construction cost for the project. The basis of the estimate will be local and historical/current industry costs for similar type projects. The estimate will include anticipated pay items, estimated quantities and estimated unit costs. Deliverables: . 1 copy of the final Engineer's opinion of Probable Construction Cost Task 10: Contract Specifications: PBS&J will prepare Contract Specifications in CSI format for the project. The specifications will be project specific and adhere to County standards. The County shall provide the "front-end" documents for the Specifications. Deliverables include: . 2 copies of 90% complete specifications for COUNTY review . 3 signed/sealed copies of 100% complete specifications Task 11: Permitting: PBSJ shall prepare engineering exhibits, cross sections, and applicable narratives necessary for permit application submittal. In addition. the base data acquired shall be summarized in a report format and submitted as an addendum to the joint state/federal permit application. A draft application shall be prepared for client review and approval. Upon approval, a revised final application shall be prepared and submitted to the 16812 regulatory agencies. The client shall be named as applicant on all permit applications. The County will be responsible for all permit application fees. PBSJ will provide the following information to prepare and submit the appropriate permit applications for this project. . Wetland information/data required to complete Sections A. C and E of the ERP application form. . Project description in narrative form. . Wetland impact tables . Wetland impact drawings . NWI and soil maps . Color infrared wetland maps . Site Photographs . UMAM Sheets . Wetland survey This task does not include: . Development of wetland mitigation plans Sufficiency Responses and Permit Processing PBSJ shall respond to agency comments and requests for additional information as necessary to achieve an application Completeness Summary from the FDEP/SFWMD and ACOE This task may include the preparation of additional exhibits or the collection of additional data. as necessary. Agency Meetings and Public Hearing PBSJ shall meet and/or correspond with the FDEP/SFWMD, ACOE and Collier County in support of agency approval of the regulatory permit applications. PBSJ shall conduct up to two (2) coordination meetings each with FDEP/SFWMD and ACOE, as needed to obtain favorable permit approval. Task 12: Bidding Assistance: PBS&J services under this section shall include: . Attend one (1) pre-bid conference; for which PBS&J will prepare meetings highlights. document and reply to questions and prepare one (1) addendum to the Contract Documents. . Attend one (1) bid opening and prepare bid tabulations. PROJECT SCHEDULE: The CONSULTANT shall commence professional services upon written receipt of Notice To Proceed (NTP) from COUNTY. The estimated time necessary to complete Tasks 1 through 11 will be approximately 185 days from the issuance of the notice to proceed. This 185-day estimate does not include review time for the permitting agencies nor the issuance of the permit. Regulatory agency reviews can take anywhere from approximately 30 days to review and respond to a permit submittal. If there are any Requests for Additional Information (RAI) the applicant will typically have 30 days to respond and the regulatory agency will again have 30 days to review and respond until the requirements of the permit are satisfied. The issuing of a permit has historically ranged from 60 to 120 days. Bidding assistance (Task 12) is estimated at approximately 4 weeks. PROGRESS REPORTS: With each invoice, the CONSULTANT shall submit a progress report containing an explanation of the work completed during the invoice period. 16812 FEES: The total lump sum fee for CONSULTANTs professional services will be $152,486 (see Table 1, attached). 16 B" COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROJECT No, 511381 NORTH ROAD DITCH IMPROVEMENTS PROJECT LOCATION MAP RADIO RD ~ \~ / I- Z CI) -I , <t ;z, l- I G'l ''0 ~ "'- (.) "t-a 0 V>r- ---.,..... ~- WESTVIEW DR Q ~ GAIL BL V. / f. AZEL RD ) PROJECT LOCATION I ~ / Q Q: RD NORTH RD ~ ~- l L PJ fROTON RDw 1 ~ OCONUT fiR I- .~ ROBIN AVE I- Q: ~ PEAVE~ CI) CI) l!:! CI) SEAGRA ..... l!:! ~ l Q Q 0 LOTUS DR ~ ~ !!: ~ Q: POINSETT IAAVE ~ ffl Q ~ (!) GUA VA D Q CI) ROSEA CT Q Q: Q: ~ ~ 3: z ~ :t ..... HIBISCU~ AVE ~ COC NUT CIR S PARROT A VE CO 5 - I- ESTEY A VE ~ FLAMINGO DR Q: r- ..... 0 CO Q. Q !!: 0 <t lil -'y ~ ~ CE AVE :e ~ ~ ~ DAVIS BLV P :5 \ \ r ) I \ TlCUTAVE ANT ARCTIC;CIR ARCTIC dlR CHIPPENDALE DR AVE I LANDMARK DR I \~ ., <t:T COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS + TRANSPORTATION SERVICES DIVISION STORMWATER MANAGEMENT DEPARTMENT 2885 SOUTH HORSESHOE DRIVE, NAPLES. FLORIDA 34104 PHONE 239 774-8192 FAX 239 659-5790 0 soo 1,000 PROJECT MANAGER: GIANFRANCO NICOLACI DATE: JANUARY,2006 I I Feet 2 MEMORANDUM Date: February 15,2006 To: Margo Castorena Domestic Animal Services, Director From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-26 Collier County Domestic Animal Services Enclosed please one (1) copy of the document referenced above (Agenda Item #16Dl) as approved by the Board of County Commissioners on Tuesday, February 14,2006. If you have any questions, please call me at 774-8411 Thank you. Enclosures (1) 1601 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16Di Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ortiee. The completed routing slip and original documents are to be forwarded to the Board omce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line throul!h routing lines # 1 through #4, complete the checklist, and torward to Sue Filson (lioe#5). Route to Addressee(s) Office Initials Date (List in routin!! order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta::t is the holder afthc original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary conlact infonnation is needed in the event one of the addressees above, inclooing Sue Filson, need to cmtact staff tin additional or missing intormation. All original documcnts needing the BCC Chairman's signature are to be delivered to thc BCe office only after the sec has aetcd to approve the item) Name of Primary Staff Margo Castorena Phone Number 530-7387 Contact Agenda Date Item was 2/14/06 Agenda Item Number 1601 Approved by the BCC Type of Document Resolution t DD(o - 20 Number of Original One Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the tinal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require fOlwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved hy the Bee on 2/14/06 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) MC N/A(Not A licable) 2. 3. 4. 5. 6. MC MC MC MC MC I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16U1 RESOLUTION NO. 2006-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE SOLICITATION, RECEIPT, AND EXPENDITURE OF DONATIONS TO COLLIER COUNTY DOMESTIC ANIMAL SERVICES AND AUTHORIZING CREATION OF A TRUST ACCOUNT. WHEREAS the Board of County Commissioners of Collier County finds there is a compelling public purpose for Domestic Animal Services ("DAS") to solicit, receive, and expend donations from private individuals, private corporations and/or community groups, for the purpose of promoting community awareness and preserving the quality of life in Collier County for its Citizens and for the domestic and fann animals in DAS custody; WHEREAS the Board finds that the following activities serve a public purpose including but not limited to education and training volunteers and citizen groups, planning and implementing fund-raising events to benefit DAS including advertising for fund-raising events, training animals in custody, purchasing animal toys and other supplies for the animals in custody, purchasing equipment for DAS use including but not limited to a laptop computer for off-site events, and planning for emergency situations such as a hurricane or natural disaster; WHEREAS the Board finds it necessary for DAS to work with the Office of the Clerk of Court, Department of Finance, and Office of Management and Budget, to create a DAS Donation Trust Fund Account for the collection and accounting of DAS monetary donations, and the Board requests the Office of the Clerk of Court, Department of Finance, and Office of Management and Budget, to cooperate with DAS in establishing and maintaining said account in compliance with Florida Statutes; WHEREAS the Board authorizes DAS to solicit and accept monetary donations and to spend the donations in a manner consistent with the stated public purpose; and WHEREAS, the Board further approves obtaining private and public donations for the sole benefit of DAS and its stated public purpose; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby declares that there is a public purpose both as to the solicitation of donations, the receipt of such donations, the expenditure of said donations, and creating a donation trust fund account for this purpose. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /ifl>C day of f ct3 (C\.);l ~ '/ ,2006. A TT~;{~~::''''''.. '. DWI!JH'J;~E.BROCK-,GLERK ~P~~hW"a: . ~.;.,,; ~~, . !'IIIn s IttNtIH'.0lI1 y. Approved as to form and legal sufficiency: C~fvt ~ , Colleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~A By: ~> ~~ FRA K HALAS, CHAIRMAN 16D1 Item # I(D1] \ Agenda ;;2." 14-..{)f^ Date 1:-' ~~C~d ~ -l'S:!Jp MEMORANDUM Date: February 15,2006 To: Chuck Carrington Real Estate Services Manager From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-27 Lake Trafford Memorial Gardens Cemetery Enclosed please find one (1) copy, as referenced above (Agenda Item #16E1) approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure (l) 16El ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exc tion of the Chairman's si ture, draw a line thrau routio lines #1 thrall #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date tin rautin order) 1. -- ------ 2. 3. 4. 5. 6. Minu d Records ~~ ~ Board of County Commissioners (The primary contact is the holder of the original document pending Bee approval. Normally the primary cantact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original docwnents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Clerk of Court's Office Yes (Initial) N/A(Not A licabIe) PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached ~ ~1 I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal suffiCIency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that bave been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require fofwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of oW'deadlines! The document was approved by the BeC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. , 1: Fonnsl County Fonnsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. RESOLUTION NO. 2006-n 16El A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DEED CERTIFICATES FOR THE LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE BOARD FOR THE 2006 CALENDAR YEAR. WHEREAS, Collier County acquired a twenty (20) acre site by Warranty Deed dated December 15, 1964 from J.e. Turner Lumber Company and recorded in the Public Records of Collier County in O.R. Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford Memorial Gardens Cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 1982, which governs the rights of interment, administration, maintenance and development of the Lake Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and WHEREAS, the Board adopted Resolution No. 90-242 on May I, 1990 and Resolution No. 03-290 on September 9, 2003, which revised the rules and regulations which govern the administration and development of the cemetery; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning Deed Certificates for the Lake Trafford Memorial Gardens Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such documents; and WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for Board approval on reviewed and approved Deed Certificates for the Lake Trafford Memorial Gardens Cemetery. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: I. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Deed Certificates for the Lake Trafford Memorial Gardens Cemetery, pursuant to Resolution No. 03-290 dated September 9,2003, and the County's administration of that Resolution, whereupon the Deed Certificates have been previously reviewed and approved by the Facilities Management Department and the County Attorney's Office. 2. The authorization of the Chairman to execute the Deed Certificates for the Lake Trafford Memorial Gardens Cemetery hereunder shall extend solely for the 2006 calendar year. This Resolution adopted this \ 4\&day of ~,)N.A.\~ ,2006, after motion, second and majority vote. --." ATTEST: .... " .,. . , ,,,', ... " DWIGHT e,BROCK;.Crerk , , ~::~ ',(;" _ , '..r '; :: . . ,l9C- ;...., p.;ptJ y Clerk Attlst'..S to Cta.1run's stlAltllre onl,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~<?/ Frank alas, Chairman Approved as to form and legal sufficiency: , ftL. ~~~ Ellen T. Chadwell Assistant County Attorney Item # lwe\ Agenda 2 -l4 I\J-... Date "1(V r~!, 2-b~ Rec'd MEMORANDUM Date: February 15,2006 To: Toni Mott, Manager of Property Acquisition Real Estate Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-28 Statutory Deeds for the G.A.C. Land Trust Property 16E2 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16E2), which was approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please contact me at 774-8411 Thank you. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the BOard Office. The completed routing slip and original documents are to be forwarded to the Board Office only ~ the Board has tUea action on the item.) ROUTING SLIP 16E2 Complete routing lines #1 through #4 as appropriate for additional signatures, dares, and/or information needed. If the document is already complete with the exee tion of the Chairman's si ature, draw a line thrall routia lines #1 thrall #4, com lete the checklist. and forward to Sue Filson (line #5). ROl.ltet~Addressee(s) Office Initials Da!ll-/'" (List in coutin .oItter). 1. 2. ,/ _.->~ --, " " -', ~ '~ ------~ --.------ (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary Contact information is needed in the event one of the addressees above, including Sue Filson. need to COntact staff for additional or missing information. AU original docwnents needing the BCC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff. Contact Agenda Date Item was A roved b the BCC Type of Document Attached 3. 4. .....,.....----' ..,_..... // // 5. Sue Filson, Exe . ve Manager Board of County Commissioners 6. ~s and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number '6 Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions. etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully execured by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All bandwritten strike-through and revisions bave been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainpan' s signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified_ Be aware of our deadlines! The document was approved by the BeC on +\'-t'~ t, (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. I: Formsl Counry Formsl BCC Formsl Original Docwnents Routing Slip wWs Original 9.03.04. Revised 1.26.05. Revised 2.24.05 Yes (Initial) N/A (Not A lieable) .r-' ,~ RESOLUTION 2006 - ~'E 16E2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF THE BOARD FOR THE 2006 CALENDAR YEAR. WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate Estates for the purpose of sale to the public; and WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; and WHEREAS, on AprilS, 1988, and March 10, 1998, the Board of County Commissioners approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by Avatar Properties Inc. Thereupon the Facilities Management Department has been actively marketing the property (Phases I through V) for sale to the general public; and WHEREAS, there is a benefit to the County and to the public if the administrative procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are expedited, while maintaining the safeguard of staff and legal counsel review of such documents; and WHEREAS, the Board of county Commissioners recognizes the benefit of reducing time for Board approvals and the subsequent closing process on reviewed and approved Real Estate Sales Agreements and Statutory Deeds. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds resulting from the Agreement dated November 15, 1983 and the County's administration of such Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been previously approved by the Facilities Management Department, the Finance Department and the County Attorney's Office. 2. The authorization of the Chairman to execute Real Estate Sales Agreements and Statutory Deeds hereunder shall extend solely for the 2006 calendar year. lIi(L This Resolution adopted this -----D- day of and majority vote. to ~ ),,,-.((U iJ \\ - , 2006, after motion, second ATTEST: DWIGHf,E.'-B~<!<2i(, Clerk Byd!tt{J, Q?ltj(~IJ!IO,1l' '. . uty Clerk .. -=. : ;.' ,'Att4tst as.,4~1t11 r81n . S - ~~'f-1.i"lt);re.' ~l'y . "''}Ji'[' ~. ~ .~; ~~\",,)>-, BOARD OF COUNTY COMMISSIONERS COLLIER CO~~A BY: ~ ~__ FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: .l/ ~ tY tL /tv,---- Ellen T. Chadwell Assistant County Attorney Item # IGr::Z ~~;da 2-{~/60 ('.ot~ 2 ~(') ~d.D Rec'd ~ llDQ)( bJO if puty Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and Otiginal docwnents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP 1 ,'.j " 16E r' ;:",...~. Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1."__ --~- - - -- - -- - - 2. - 3. - --- '--..,.. - - - 4. --~---- --------- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office ~ -, PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bec approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff J)JicIIJ/c c ,.,\ (i, J/ " rY(A Phone Number '/3 Contact '/ 7 Agenda Date Item was -lIb 1'/ J Od& Agenda Item Number )0 f _..- Approved by the BCC 0 Type of Document / Number of Original / Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark uN/Au in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware f our deadlines! The document was approved by the BCC on ,: /.. i oj (, (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne '8 Office has reviewed the chan es, if a Heable. Yes (Initial) N/A(Not A lie able) 2. 3. 4. 5. 6. '')- II " " J L Formsl County Formsl Bce Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: March 3,2006 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Lease Agreement between Horseshoe Development, L.C. c/o Pelconcepts, Inc. and Collier County Attached, please find one copy of the document referenced above (Agenda Item #16E5), as approved by the Board of County Commissioners on Tuesday, February 14,2006. The original document is being retained for the record. If you should have any questions, please call me at 774-8406. Thank you. Attachment( I) 16E5 Lease # 90 V 16E5 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this / ,/ ~ay of , 2006, between Horseshoe Development, L.c., c/o Pelconcepts, Inc., whose mailing address i 50 15th Avenue South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2685 Horseshoe Square, Unit 212 and 213, Naples Florida, totaling 4,175 square feet, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on March 1,2006 and ending February 28, 2008, hereinafter referred to as the "Initial Term". LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same annually following the Initial Term, for a total of two (2) additional years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 of this Lease. Said notice period shall be effecti ve upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Fifty- five Thousand Three Hundred Eighteen Dollars and Seventy-five Cents ($55,318.75) per annum in equal monthly installments of Four Thousand Six Hundred Nine Dollars and Ninety Cents ($4,609.90) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by five (5) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of One Thousand Three Hundred Ninety-one Dollars and Sixty-seven Cents ($1,391.67). This amount shall include, but is not limited to, real estate taxes, insurance, management fee (4%), outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. It is agreed by both parties that CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. 16E5 If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the anniversary date advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. LESSEE shall be responsible for the payment of all janitorial services, air conditioner filter replacement and all utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a wai ver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. 2 ARTICLE 9. Insurance 16E5 The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 11. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 12. Default bv Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). Subject to LESSEE'S good faith effort to correct such default. ARTICLE 13. Default bv Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 3 ARTICLE 14. Notices 16E5 Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Horseshoe Square Development, L.C. c/o Pelconcepts, Inc. 650 15th A venue South Naples, Florida 34102 cc: Office of the County Attorney ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier tennination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the tenn of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtaincd from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. DAT~@j' Cil~ii '?> -eN:> ,"\.-. n ~ - '.~'" ',' ..-' A;tTP<CT'.:' ~, .o. " -'-1"o?~.t. _ ,- DWIGHt E. J3ROCK, Clerk .-"- '.. 1.<1 ""'l; .- "." B~UD~;~:~~'( . IflJlllbn 011,. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Item# l{oE CS ~~~;daCt4 +/)0 Date -'7 ? ^' Rec'd:::>-~-~ AS TO THE LESSEE: FRANK HALAS, Chainnan ,( BY: 4 , I... r :: ~,-;1' ~.~ ~ ... AS TO THE LESSOR: h, I '1 '-'0 (0 DATED:('J A.c:u.. ~A- ~ ATTEST: cil jfY1'ILLH2 /l ~ I~tc HORSESHOE SQUARE DEVELOPMENT, LC. By: Pelconcepts, Inc" its anaging member idilu , Secretary BY: W.VINCE PELC, President Approved as to fo ~ n legal sufficiency: ~ Thorn s C. Palmer, Assistant County Attorney 5 16E6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUlVIENTS SENT TO THE BOARD OF COUNTY COl\1MlSSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotioD of the Chairman's silIDature, draw a line tbrouQ't rourln!! lines #1 tbroul'h #4, comnlete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!?: order) L, - '- .. ~ - " 2. '...., "", 3. , 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the bolder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to conmct scaff for additional or missing information, All original docwnents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff IYk'JIII,'L \ Phone Number ~ " \../..J(' (,j I. /!, ( , 7Y -,;;. Contact {J ,J Agenda Date Item was ~/c6 /V ~ (,0 l/ Agenda Item Number J ([ (- (.0 Approved by the BCC Type of Document ! Number of Original / Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark >ON/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. , Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCe on :', 'j, ,J '-"(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne'5 Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. l~}?r ~I C_ I~-;Y 1",9) , r~ / A- , r~~ I: Forms/ County Fonnsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: March 3, 2006 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Lease Agreement between Horseshoe Development, L.c. c/o Pelconcepts, Inc. and Collier County Attached, please find one copy of the document referenced above (Agenda Item #16E6), as approved by the Board of County Commissioners on Tuesday, February 14, 2006. The original document is being retained for the record. If you should have any questions, please call me at 774-8406. Thank you. Attachment( I) IbE6 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ) 'I '~ay of ,,~....l~~ ' 2006, between Horseshoe Development, L.c., c/o Pelconcepts, Inc., whose mailing address is 15th A venue South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". Lease # 'I ~3 ,:; , Ibt6 WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2685 Horseshoe Square, Unit 103, 104 and 105, Naples Florida, totaling 7,278 square feet, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on February 15, 2006 and ending February 14,2008, hereinafter referred to as the "Initial Term". LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same annually following the Initial Term, for a total of two (2) additional years, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estatc hereby created. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 of this Lease. Said notice period shall be cffective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ninety- six Thousand Four Hundred Thirty-three Dollars and Fifty Cents ($96,433.50) per annum in equal monthly installments of Eight Thousand Thirty-six Dollars and Thirteen ($8,036.13) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by five (5) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Expenses and Charges In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of Two Thousand Four Hundred Twenty-six Dollars and No Cents ($2,426.00). This amount shall include, but is not limited to, real estate taxes, insurance, management fee (4%), outside maintenance, common area lighting, landscaping and common area water and sewer charges pertaining to the Demised Premises. It is agreed by both parties that CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. 16E6 If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the anniversary date advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed accounting of all CAM expenses. LESSEE shall be responsible for the payment of all janitorial services, air conditioner filter replacement and all utility charges pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, power and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. LESSOR shall be responsible for all costs associated with the operation and maintenance of the electrical and lighting systems, plumbing system, pest control and air conditioning system at the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises to any entity other than a County agency, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. 2 ARTICLE 9. Insurance lbE6 The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 11. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 12. Default bv Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). Subject to LESSEE'S good faith effort to correct such default. ARTICLE 13. Default bv Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 3 ARTICLE 14. Notices lbE6 Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Board of County Commissioners c/o Real Estate Services 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Horseshoe Square Development, L.c. c/o Pelconcepts, Inc. 650 15th A venue South Naples, Florida 34102 cc: Office of the County Attorney ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals AS TO THE LESSEE: , ~.~1iED"'~l) 110.6 / ,/ cPJ cJ 0 " "j, .... ,:~A'LJEST:' " ::: DWmHT E;,BWCK, Clerk - , -. , ""'1" ~'~ri;~i~~~';~( , Signature .1y. Item# lto f' ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Agenda 'J _I c1_ ^' Date~ g:d3-3~ BY: ~~~.o FRANK HALAS, Chairman 4 AS TO THE LESSOR: DATED: t1"Y..J" . ~ /. JJ..--o y ATTEST: a~dsl ft21/-t' /' /t:/[ , Secretary HORSESHOE SQUARE DEVELOPMENT, L.C. ByBY;;;i:"~m~' W.VINCE PELC, President Thomas . Palmer, Assistant County Attorney 5 lbtb ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN1I:'<L L ") THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR s~fR.L Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's simature; draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routinl?; order) 1. He ( c1~ Ash 1-of'J (('JU/l~ JrtfM~'1 H(A l..{/zsiot..P 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. ) Name of Primary Staff De.bora h me Ca.be.. Phone Number '103- 23Zc..r Contact Agenda Date Item was 21/f.-//Ou Agenda Item Number I f.g rcJ- Aooroved bv the BCC Type of Document ~C(olld Anuo1d~~l- Number of Original 5 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document bas been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BeC on z.. I 0 (enter date) and aU changes made during the meeting have been incorporated in the attached document. The Conn Attorne's Office has reviewed the chan es, if a licable. ~A- Yes (Initial) N/A (Not A licable) y\(~ 2. NA NA 3. 4. y..,f p. 5. 6. I: Formsl County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F2 MEMORANDUM Date: April 27, 2006 To: Deborah McCabe, Admin. Asst. Tourism From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Second Amendment to the 2004/2005 Tourism Agreement Regarding Emergency/Disaster Relief Advertising Plan Enclosed please find three (3) original amendment documents, as referenced above, (Agenda Item #16F2), approved by the Board of County Commissioners on Tuesday, February 14, 2006. An original has been retained in the Minutes and Records Department and one has also been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) ~16F2 SECOND AMENDMENT TO 2004/2005 TOURISM AGREEMENT REGARDING EMERGENCYIDISASTER RELIEF ADVERTISING PLAN This Second Amendment to 2004/2005 Tourism Agreement, made this I LfL day of K hr'\,f. CA...K, , 2006, (hereinafter referred to as "Second Amendment") is entered into by and between Colli; County, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"), and Paradise Advertising & Marketing, Inc., a Florida corporation (hereinafter referred to as "PARADISE"). WIT N E SSE T H: , WHEREAS, the COUNTY and Paradise Advertising, Inc. entered into a 2004/2005 Tourism Agreement dated May 25, 2004 (the "Agreement") for an Emergency Disaster Relief Plan up to $300,000; and WHEREAS, the COUNTY and Paradise Advertising, Inc. entered into a First Amendment to the 2004/2005 Agreement dated May 10, 2005; and WHEREAS, Paradise Advertising & Marketing, Inc. is the entity previously referred to as Paradise Advertising, Inc. in the Agreement and First Amendment; and WHEREAS, the COUNTY would like to amend the Agreement for Emergency/Disaster Relief Advertising to include a provision for PARADISE to charge a commission on media and production expenses. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 1 of said First Amendment is hereby deleted in its entirety and the following paragraph is inserted in its place: SCOPE OF WORK. After issuance of a letter or notice to proceed in full or in part, PARADISE shall develop, produce and launch the disaster relief marketing plan and emergency summer advertising campaign as directed by the Tourism Director or County Manager. 2. Section 2 of said First Amendment remains the same with the exception of paragraphs 2 and 4. The amended paragraphs 2 and 4 are included herein. PAYMENT. The maximum amount to be paid under this Agreement shall be Seven Hundred Fifty Thousand Dollars ($750,000). PARADISE shall be paid in accordance with fiscal procedures of the COUNTY for the expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that the goods have been received. PARADISE shall determine that the goods and services have been properly provided, and shall submit invoices to the Tourism Director or his designee. The Tourism Director or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. The media expenses outlined in Exhibit "A" may be subject to change based on the market value of media expenses. Each invoice submitted by PARADISE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. PARADISE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay PARADISE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. .16F2 PARADISE shall be paid for all future media and production expenditures under this Agreement at gross cost, reflecting a commission of 13% up to a maximum of $750,000. Out-of-pocket costs, creative concept, copy, art direction, layout, mechanical art services and productiqn time to produce collateral, online media, interactive media, broadcast or print advertisements for scheduled media are to be billed at cost and staff time will be billed at the following hourly rates. These costs will be estimated on an Estimate Form and submitted to the Tourism Director for prior written approval before expenses are incurred. Creative Director $125 per hour Copywriter $100 per hour Desig~er $100 per hour Art Director $ 75 per hour Mechanical Artist $ 75 per hour 3. Except as set forth in the First and Second Amendments, the Agreement is ratified and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ~-al-~ ATTEST: . DWIGHT E. aROC~, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~~ FRANK HALAS, Chairman Approved as to form and legal sufficiency: 6.t- ~M. L!ne "- Assistant County Attprney CP:TDC\2nd Amend 2004/2005 Paradise Advertising (1) (2) PARADISE ADVERTISING & MARKETING, INC. signa re Sh 1(' iet ,/f N?(I--. PrintedlTyped Name By: l elJ J1V\ ~ CEDAR HAMES, President Item # lto 'f cd Agenda 2 --\ Lt--o' - Date '-P ~tt L\ ~ dl~~ ~;'~~ffl (Corpor~$eal) .~ ') (~'?/ 16F2 EXHIBIT A BUDGET DISASTER RELIEF: · Cable TV · Online Push Technology · Production: TV /E- Mails/Landings Page TV - 2 versions E-mails - 3 versions Website Pop-Up & Landings Page $ 275,000 $ 5,000 $ 20,000 SUMMER ADVERTISING CAMPAIGN: · Cable TV · Print Ads $ 350,000 $ 75,000 $ 25.000 · Production TOTAL $ 750,000 MEMORANDUM Date: December 28, 2005 To: Gail Hambright Tourism Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Doctor's Pass Maintenance Agreement Attached, find please find two (2) originals, of the document as referenced above, (Agenda Item #16F5), as approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you have any questions, please call 774-8411. Thank you, Attachments (1) 16F5 16F5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Heidi Ashton Assistant County Attorney /' ~ -- .~- -- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached ( Yes (Initial) N/A (Not A licable) ,c-et", t" " -+ I: Forms! County Formsl Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Co un Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 16F5 FIRST AMENDMENT TO 2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR PASS MAINTENANCE OF DOCTOR'S PASS. This First Amendment to 2005 Tourism Agreement, made this -L!.L~day of F<prut'l~ ' 2006, (hereinafter referred to as "First Amendment") is entered into by and between the oard of County CommIsSIOners of Colher County, Flonda (herem after referred to as "County"), and City of Naples (hereinafter referred to as "City"). WIT N E SSE T H: WHEREAS, the County and City entered into a 2005 Tourism Agreement dated February 22,2005 (the "Agreement") for the pas maintenance of Doctor's Pass; and WHEREAS, the County and City desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 2 of said Agreement is hereby deleted in its entirety and the following paragraph is inserted in its place: PA YMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be Eight Hundred Forty-Two Thousand, One Hundred Sixty Four Dollars and nollOO. ($842,164.00). This amendment authorizes a Two Hundred Forty Three Thousand, Six Hundred Sixty Four ($243,664.00) cost increase. GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 2. Except as set forth in this First Amendment, the Agreement shall remain in full force and effect. First Amendment Doctor's Pass Maintenance 16F5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED. :~:tL ,OJ I a(jjp ATTEST:'::: :'.1~G.o; . DWIGB1YE.; BRoCr{;,.C:;I~rk .. j ':~'.1 '-,;; -. - ". -, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ... -.'~ -'.- . ..;," " Attti~;[-."l;~.'. H~er{ 11gnlttn ~f.. IJiC ~~~/ By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: ~7n~ / - Colleen M. Greene Assistant County Attorney ATTEST: ~~~~tu /' .'~ ,-(\0 ,. (',,0--\ d u \ N\'~ J Robert D. Pritt, City Attorney (Corporate Seal) GRANTEE CITY OF NAPLES ~ BILL BARNETT, Mayor WITNESSES: (1 ) 0tlt~-u.''Y7U.4f ~ .~: .t, ~ / SIgnature (2) sig ture Cil")-?7~n d~v'~?Lr1ofe.2 Printed/Typed Name Item # lLR P;-- ~genda ;2 -l 4 -00 Date ___ Date A.- ';),D I "b ReC'(1 -L:loL:_Q ~w.~ .t:,',[,:/U.:;:" 16F6 MEMORANDUM Date: February 17,2006 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract 05-3875 "Hurricane Evacuation Study" Awardee: Dewberry & Davis, LLC. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16F6) approved by the Board of County Commissioners on Tuesday, February 17,2006.. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 774-8411 Thank you. Enclosures (3) ITEM NO.: 16F6 DATE RECEIVED: FILE NO.: PI<e.. ROUTED TOOt: - ~ - (}(lifOS DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES 2:g ~ ~ t:b '- - Q~- ~.:~ <r '-1;0., ;;;;7' -;r- C/~ ;0:::;:: ;::~ rr;1'r' "",<::,,, Date: February 14, 2006 From: Office of the County Attorney ~ Attention: Robert Zachary Linda Jackson Best, Contract Specialis Purchasing Department, Extension 8990 Support Services Division - To: 0'1 .b, ::Jl: ~ - cr, Re: Review of Contract No. 05-3875, "Hurricane Evacuation Study" Awardee: Dewberry & Davis, LLC BACKGROUND OF REQUEST: The Contract was approved by the BCC on February 14, 2006; Agenda Item ( 16 )(F )(6 ). This item has not been previously submitted. ACTION REQUESTED: Please review the contract for Legal Sufficiency, and when approved an executed, please forward to the BCC for final execution. OTHER COMMENTS: Thank you! cv~ ro -- () ~ - ( TO: FROM: DATE: RE: Study" MEMORANDUM DATE RECEIVED FEB 1 4 2006 RISK MANAGEMENT O~\ \~cv Sheree Mediavilla IJI\ Risk Management Department Linda Jackson Best, Contracts Specialist if; Purchasing Department vfij February 14, 2006 Review of Insurance for Contract No. 05-3875, "Hurricane Evacuation Awardee: Dewberry & Davis, LLC 16F6 The Contract was approved by the BCC on February 14, 2006; Agenda Item (16 )(F )(6). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Please advise me when it has been forwarded. If you have any questions, please contact me at extension 8990. Thank you. 16F6 AGREEMENT No. 05-3875, "Hurricane Evacuation Study" THIS AGREEMENT, made and entered into on this \ L{ 1'- day of ~ 2006, by and between Dewberry & Davis LLC, authorized to do business in the State of Florida, whose business address is 8401 Arlington Boulevard, Fairfax, Virginia 22031, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT .The Contractor shall commence the work, as specified in Exhibit C, Project Schedule, following award of this Contract by the Board of County Commissioners, execution of this Agreement and upon issuance of a Notice to Proceed from the Director of Emergency Management or their assigned designee as specified in Section 2, "Statement of Work". 2. STATEMENT OF WORK. The Consultant shall provide services in accordance with the terms and conditions of RFP #05-3875, "Hurricane Evacuation Study" and the Consultant's proposal hereto attached and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement an estimated maximum amount of thirty nine thousand, seven hundred ninety eight dollars ($39,798.00), subject to Change Orders as approved in advance by the County. 4. COMPENSATION. The County shall pay the Consultant for work performed under this Agreement in amount(s) specified in Exhibit A, Schedule of Fees for Basic Services. Payments shall be made to the Consultant when requested as work progresses; as accepted and approved by the Director of Emergency Management or their designee, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 5. TRAVEL AND REIMBURSABLE EXPENSES. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.29 per mile Breakfast $3.00 Lunch $6.00 Dinner $12.00 Airfare Actual ticket cost Rental car Actual rental cost Parkin Taxi or Limousine Airport 16F6 Lodging Actual at single taxi or airport Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursables will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Dewberry & Davis LLC 2872 Woodcock Boulevard Atlanta, Georgia 30341 Attention: S. Allen Groover, PE Fax: 678.530.0044 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239.732.0844 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for 16F6 payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 11. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 12. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property 16F6 Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Coml'ensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability Insurance: The Consultant shall maintain Insurance to insure it's legal liability for claims arising out of the performance of professional services under this Agreement. Coverage shall have minimum limits of $1,000,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subconsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 16F6 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Emergency Management Department. 16. CONFLICT OF INTEREST: 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. 17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A, Schedule of Fees for Basic Services; Exhibit B, Employee Hourly Rate Schedule; Exhibit C, Project Schedule; Insurance Certificate; Consultant's Proposal; RFP #05-3875; Hurricane Evacuation Study, n and Addendum #1. 18. 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. 19. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue shall be in Collier County, Florida. 16F6 IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST J V~.!"j';' . : " .., . .... 'L' , "~ Dwight E;;Br9c~~ Clt;rll4.~~courts JlC BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~.> -;:;l~ --- Frank Halas Chairman Dat d: ~(tg-~/ f. . tl";'~' , iMP.. tc)'Chltl"lllll'S ItlRlttn on1,. Dewberry & Davis LLC ~wo First W Signature ~\dc ~~r"lG'-(t. , Type/print witness name ~-~ ~~ <:r La.",-,,,,Q.IA.L~ \0. 0\ l"-c~..\:.it ,(;""ec vi Typed signature and title / Second Witness Dc: (ll Le... (~rQ 1 Type/print witness name Approved as to form and legal sufficiency: RO~;'; ---t Assistant County Attorney Item# lli& Agenda~ -Ilt--o"f.. Dale 1'0 EXHIBIT A SCHEDULE OF FEES FOR BASIC SERVICES Dewberry & Davis LLC Task 1 Review and Collection of Existing $1,860 Data-Kick off Meeting Task 2 Collection and Assessment of $9,940 Behavioral and Other Data Task 3 Transportation Assessment $13,775 Task 4 Interstate Contra-Flow $3,810 Assessment Task 5 Report Preparation $7,630 Task 6 Briefing to Board of County $1,240 Commissioners Reimbursables Not to Exceed $1,543 TOTAL $39 798 16F6 January 3, 2006 Dewberry & Davis LLC EXHIBIT B EMPLOYEE HOURLY RATE SCHEDULE Dewberry & Davis LLC 16F6 Senior Project Manager $155/hour Senior EM Specialist $125/hour EM Specialist $90/hour Geodigital Specialist $90/hour Clerical $45/hour Administrative $45/hour January 3, 2006 >-I '" '" :>;" ~ n o S S tn' '" 0' '" '" ~ '" to ~ n' :!1 '" fJO . <- III ::J '" III ~ .w I\) o o en >-I '" '" :>;" Lh :>0 '" '0 o ;:j "'" ~ '" '0 e; a 0' '" . >-I 1); :>;" .. - '" ~ '" ~ '" ~ '" (;;' n o a ~ '" "'1 0- :::; . >-I 1); :>;" w ::;J g: '" '0 o ;:j '" ~ 0' '" >- '" '" '" '" '" s '" '" ~ to >-I '" '" g-~ '" IV o. .. ~ n e:.2. '" " '" (0 o.~ 00' 5"'" ~ ~ t)o. '" >- s- ~ '" '" '" s '" '" ~ >-I '" '" :>;" i" ;S' :>;" 6 ~ 2'::: '" ~ 5' fJO o ,.." >-I " '" ="" .... N w .... Ul '" ..... QO '" ~ '" .. er .... .. -;:;; Cl e z o .... r;' .. .... o "0 ., o " .. '" Q. ~ .... .... .... N .... w .... .... .... '" .... ..... .... QO .... '" N .. N .... N N N W N .... 16F6 o CD == l:l" CD ... ~ o III < (ii' r- r- (') =: h~ 0::::::0 '" l~' 0 Z::O 1:"'1 I:"'1n~:-< 1:"'10n=: < 0-3.... >C-:oofE n~n0-3 C-:><=:n > - 1:"'1 0-3"'Jt::I ....0 ot"' c-: t"' Z~1:"'1 OOt::l d> t::I >< PRODUCER MARSH USA. INC. 1255 23RD STREET NW 4th FLOOR WASHINGTON, DC 20037 Alln: SHARON HENNING (202) 263,7600 CERTIFICATE NUMBER CLE,001409670,05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFO~DED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE 08590,NJ,-2001 0&0 COMPANY A CHARTER OAK FIRE INS CO INSURED DEWBERRY & DAVIS, LLC A TTN: DEBBIE FLYNN 8401 ARLINGTON BOULEVARD FAIRFAX. VA 22031 COMPANY B TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY C N/A THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYPE OF INSURANCE POLICY NUMBER --r POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR. DATE (MM/DDfYY) DATE (MMIODfYY) A P6307792B312,COF,05 07/01/05 07/01/06 GENERAL AGGREGATE $ 5,000,000 COMMERCIAL GENERAL LIABILITY PR9DUCTS-COM~OPAGG $ 2,000.000 CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1.000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1.000.000 FIRE DAMAGE (Anyone fire) $ 1,000,000 MED EXP An one erson $ 1.000,000 B AUTOMOBILE LIABILITY 810,61 02A 19A,TCT,05 07/01/05 07/01/06 $ 1.000.000 COMBINED SINGLE LIMIT X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peracadenl) X OMP OED: $1.000 PROPERTY DAMAGE $ X OLL OED: $1.000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ 0 WORKERS COMPENSATION AND P JUB-1722B67 ,3,05 07/01/05 07/01/06 X EMPLOYERS' LIABILITY THE PROPRIETOR! X INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE EL DISEASE-EACH EMPLOYEE $ OFFICERS ARE: EXCL THER E PROFESSIONAL LIABILITY PRME 0921-07,88 07/05/05 07/05/06 $1.000.000 PER CLAIM/AGGREGATE ERRORS & OMISSIONS COMPANY D TRAVELERS PROPERTY CASUALTY CO. OF AMERICA DESCRIPTION OF OPERATIONS/LOCATlONSIVEH1CLES/SPEClAlITEMS COLLIER BOARD OF COUNTY COMMISSIONERS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY COVERAGE AS RESPECTS RFP #05,3875. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -3.0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY; Timothy M. Sasser ~~ I~ PRODUCER MARSH USA, INC. , 1255 23RD STREET NW 4th FLOOR WASHINGTON, DC 20037 Altn: SHARON HENNING DATE (MM/DDIYY) 09/21/05 PANJES AFFORDING COVERAGE COMPANY E NATIONAL UNION FIRE INS. CO. OF PITTSBURGH. PA (202) 263,7600 COMPANY F J08590,NJ..2001 D&D INSURED OEWBERRY & DAVIS. LLC ATTN: DEBBIE FLYNN 8401 ARLINGTON BOULEVARD FAIRFAX, VA 22031 COMPANY G COMPANY H MARSH USA INC. BY ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIl6 .;,"" TO ACCOMPANY ALL ORIGINAL DOCUlVlENTS SENT TO F 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signamres. dates, and/or information needed. If the document is already complete with the . exception of the Chairman's signamre, draw a line throug]: routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1.__ ------.. -- 2. " 3. 4. -, "~-- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office , ' PRIlVlARY CONTACT INFORlVlA TION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bce ehairman's signamre are to be delivered to the Bee office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached \ Phone Number ~,}) () L~ ), irb , l) I? c. Ll K. l // '// Agenda Item Number .2 00 (", .J-6:r' '(-7Y.S I&; r-7 / Yes (Initial) N/A (Not A licable) Number of Original Documents Attached /I' ;})- c> ,d/4 /YJ'~ ~ ;rry..,-,,, "'/(A I: Formsl eounty Formsl ace Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 /}.rn e 1/(\ 1J1 t d-r- 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainpan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a [icable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive ana require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. e aware of our deadlines! The document was approved by the BCC on c::! / '! () I.; (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 16F7 . Lease #744 FOURTH AMENDMENT TO LEASE AGREEMENT -:"1L.- THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this ) <j 1- day of ~,_ ~ , 2006 at Naples, Collier County, Florida by and between Gulf Shore Associates, Limited Partners . , whose address is 1300 Post Road East, Westport, Connecticut 06880, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, Collier County and Gulf Shore Associates have previously entered into a Lease Agreement dated March 31, 1992, an Amendment to Lease Agreement dated February 6, 1996, a Second Amendment to Lease Agreement dated February 25, 2003, and a Third Amendment to Lease Agreement dated April 27, 2004, and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement, Amendment To Lease Agreement, Second Amendment to Lease Agreement and Third Amendment to Lease Agreement, and NOW THEREFORE, in consideration of the covenants and agreements provided within said Third Amendment to Lease Agreement dated April 27, 2004, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Amendment to Lease Agreement: This Lease is hereby extended until February 28,2007, hereinafter referred to as 'Renewal Lease Term.' LESSEE hereby acknowledges that LESSOR has provided response to its request to extend the Lease term. LESSEE shall have the right to renew this lease, following the February 28, 2007 Renewal Lease Term, for one (1) additional term of one (1) year ('Option Term'), creating a new termination date of February 29, 2008. LESSEE shall have the right, however, to terminate this Lease, with or without cause, by providing six (6) month prior written notice of such termination to LESSOR at the address set forth above. Said notice period shall be effective upon receipt by LESSOR of the written notice. The base rent for the period of March 1,2006 to February 28,2007 shall be $1,679.39 per month. The base rent for the Extended Term of March 1, 2007 to February 29, 2008 shall be increased pursuant to the CPI figure, with a minimum of three percent, as stated in Article 3.04 of the Lease Agreement dated March 31,1992. The LESSEE is tax exempt. The Common Area Maintenance ('CAM') fees commencing as of March 1,2006 shall be $600.00 per month. If LESSEE elects to renew this Lease as provided for herein, the CAM beginning March 1,2007 shall be $800.00 per month. 2. Except as expressly provided herein, the Lease Agreement between Gulf Shore Associates, Limited Partnership and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in said Lease Agreement dated March 31, 1992 remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. 16F7 . IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second Amendment to Lease Agreement the day and year first above written. AS TO THE rESSEE: DATE:&:l';~~I" t;;'l;"l:_.l ( ~0z:.,J:: f,' .' .. .... .... I." .: ..V . .Q< .;,.: ATIEST:<.'.:" :" ;J. \".' DWIGHT:~. BROCKJ~leik- - .' ", . 'I >) .,.' ,: B .~. , ~J)C ; DBptitClerk Attest IS to Chi 1 run . S I11R1b1re Oft 1 J. AS TO THE LESSOR: DATED~' Iv J00 {.c. corporation . "- tlLfL, X / Witness (Signature /JJ I C .;.(/-1 (~c -4 . (Print Name) ) ~L~11In (P . t Name, Approved as to form and 1 gal sufficiency: ~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY. ca:-:;:2,e ./' -- FRANK HALAS, Chairman GULF SHORE ASSOCIATES, LIMITED PARTNERSHIP by its General Partner, Pequot Capital South, Inc., a Florida ~ BY. ~ ALBERT J. EBAN, President - 2 MEMORANDUM Date: February 28, 2006 To: Gary McAlpin, Tourism Coastal Project Manager From: Heidi R. Rockhold, Deputy Clerk Minutes and Records Re: Florida Boating Improvement Program Grant Agreement Enclosed please find three (3)original documents as referenced above, (Agenda Item #16F8) approved by the Board of County Commissioners on Tuesday, February 14, 2006. Kindly forward same to the appropriate individual(s) for the required signature(s) and return one fully executed original to Minutes and Records. If you should have any questions, please call me at 774-8411 Thank you. Enclosure( s) 16F8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Boan! has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's si"';""'ture. dmw a line throueh routinl! lines #1 throue:h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin17 order) 1. 2. 3. 4. Ellisi f.silt~0 ,IYt~ Assistant County Attorney ~p d~27JT - Tl\l') 1M fJ S l' ["(., '\.Q (' 5. Sue Filson, Executive Manager Board of County Commissioners I 6. Minutes and Records Clerk of Court's Office o PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chainnan's signature are to be delivered to the sec office only after the BCC has acted to approve the item) Name of Primary Staff (J1fry (\i1 Cfllp, ',U Phone Number 536 -53'-/:1 Contact Agenda Date Item was .l!t "t I 0 V Agenda Item Number 1& -F- 2 Aooroved bv the BCC Type of Document L.j (' Cl (\+ t4~ IU.~ f}1 "" .-rt-' Number of Original 3 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a Heable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be a are of our deadlines! The document was approved by the BCC on ~ '(enter date) aud all changes made during the meeting have been incorporat d i th attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. -r~f I: Formsl County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F8 FWC Contract No. 05108 FLORIDA BOATING IMPROVEMENT PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS whose address is 3301 Tamiami Trail East, Building F, 3'. Floor. Naples, Florida 34112. hereafter "GRANTEE" to conduct a two phase project entitled Near Shore Reef Mooring Buoys, hereafter "Project." using funds from the Florida Boating Improvement Program, hereafter "Program," NOW THEREFORE, the COMMISSION and the GRANTEE. for the considerations hereafter set forth, agree as follows: SCOPE OF SERVICES 1, It is understood and agreed that this Agreement shall consist of two phases: Phase I - Project Construction, and Phase II - Project Management. During Phase I the GRANTEE shall construct and implement its project proposal, as described in Attachment A, Florida Boating Improvement Program (FBIP) Grant Application No. 05-008, attached hereto and made a part hereof. All Phase I activities must be completed during the time span provided herein for that portion of the Agreement. During Phase II the parties shall cooperate in the ongoing and continuous management of the Project under the terms and conditions provided herein, 2, The GRANTEE shall commence work on Phase I of the Project within six (6) months of execution of the Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement and result in termination of the Agreement by the COMMISSION, 3, The GRANTEE agrees not to proceed with Phase I construction until all necessary permits are obtained and copies thereof provided to the COMMISSION. 4, All engineering must be completed by a professional engineer or architect registered in the State of Florida, All work must meet or exceed minimum design standards and guidelines established by all applicable local, state and federal laws. 5, It is the GRANTEE's responsibility to contract, manage and inspect all aspects of the Project, including the construction contract, materials purchase, engineering, master plan or force account labor performed at any Project site. 6, The GRANTEE, at its expense. shall purchase, erect and maintain a permanent sign, not less than four (4) feet by eight (8) feet in size, displaying the COMMISSION's official logo for launching projects. or shall attach a permanent plaque for marine projects. or use some other manner of acknowledgement for non,construction projects. approved by the COMMISSION, identifying the COMMISSION as a funding source for the Project. Such acknowledgement shall be maintained for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement. 7, The GRANTEE, at its expense. shall purchase. erect and maintain directional signs. approved by the COMMISSION, on main public highways to direct public users to each boating facility funded through the Program, The GRANTEE agrees to provide and maintain such signs at its expense for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to erect and maintain such signs shall be considered a breach of the Agreement. Page 1 of 9 16F8 8, Upon completion of Phase I. the engineer, architect or other appropriate professional for the GRANTEE shali sign a Certification of Completion form, provided by the COMMISSION, that certifies Phase I of the Project was completed in accordance with the prepared plans and specifications. 9. The GRANTEE shali submit to the COMMISSION monthly activity reports outlining the progress of Phase I of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shali be submitted on the form provided by the COMMISSION and due to the COMMISSION's Program Administrator by the 15th of each month until the Certification of Compietion is submitted, 10, During Phase I, the GRANTEE shali provide progress and final photographs of any construction project documenting satisfactory progress and completion prior to requesting payment from the COMMISSiON. Final photographs shali be submitted with the Certification of Completion form. 11, For Phase II of this Agreement, which shall include the entire term of the Agreement, the GRANTEE shali provide and be responsible for any and ali costs associated with ordinary and routine operations and maintenance of the Project. including any and ali personnel, equipment or service and supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement. 12. The GRANTEE agrees that land owned by the GRANTEE that is developed with Program funds shali be dedicated for a minimum of twenty (20) years as a site for the use and benefit of the public. The dedication shali be recorded in public property records by the GRANTEE. Land under control other than by ownership by the GRANTEE (i.e. lease, management agreement, cooperative agreement, interlocal agreement or other similar instrument) and developed with Program funds shali be managed by the GRANTEE for a minimum period of twenty (20) years from the completion date set forth in the Project Certification of Completion. Title to ali improvements shali be retained by the GRANTEE upon final payment by the COMMISSION. 13, Should the GRANTEE, within the 20-year period set forth above, convert ali or any part of the Project to other than COMMISSION approved uses, the GRANTEE shali replace the area, facilities, resource or site at its own expense with a project acceptable to the COMMISSION of comparable scope and quality. In the event the Project is converted to use for other purposes during this period and not replaced with a like project acceptable to the COMMISSION, the GRANTEE agrees to return to the COMMISSION ali funds tendered for the original Project. 14, Any study or brochure produced by the GRANTEE shali be provided to the COMMISSION for approval prior to final printing and submission for payment. Further, at least 21 days prior to printing the COMMISSION shali review and approve ali proposed publications that will be funded by this Agreement to ensure that environmental and boating safety issues are effectively addressed. At its discretion, the COMMISSION may elect to have its representative inspect printed material prior to its release from the printing vendor. The GRANTEE agrees to inform the COMMISSION at the completion of printing of any materials so that the COMMISSION may exercise this option. 15. The GRANTEE shali aliow unencumbered access to the Project site to the COMMISSION, its employees or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the facility is being maintained, in operation and is open and available to the public. As part of the inspection, the COMMISSION may request maintenance and use information from the GRANTEE to validate the condition of the facility. 16. The GRANTEE agrees to be responsible for the fulfiliment of ali work elements included in any subcontract and agrees to be fuliy responsible for the payment of ali monies due under any subcontract. It is understood and agreed by the GRANTEE that the COMMISSION shali not be liable to any sub-grantee (or subcontractor) for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Page 2 of 9 16F8 /' The GRANTEE shall forward one copy of the bid package to the COMMISSION's Program Adm inistrator for review prior to soliciting for quotations or commencing any work. The COMMISSION's Program Administrator shall have 30 working days for review, This review shall ensure that minimum guidelines for the Project's scope of work are adhered to, '3 The GRANTEE shall comply with all applicable federal. state. and local rules and regulations in providing services to the COMMISSION under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations, The GRANTEE further agrees to include this provision in all subcontracts Issued as a result of this Agreement. GRANTEE ELIGIBILITY 19 The GRANTEE shall be licensed as necessary to perform under this Agreement as may be required by law, rule. or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. 20 By acceptance of this Agreement. the GRANTEE warrants that it has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good-faith performance as a responsible recipient. and that the GRANTEE shall comport with Chapter 287. F.S,. and all other applicable rules and laws. DUTIES OF THE COMMISSION 21 The COMMISSION shall, within budgetary constraints, inspect the Project site prior to and during the construction of the Project. The GRANTEE shall notify the COMMISSION's Program Administrator when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice, The COMMISSION's Program Administrator. or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. TERM OF AGREEMENT ThiS Agreement shall begin upon execution by both parties and end December 31, 2026, inclusive. However, the GRANTEE shall complete all Phase I project services on or before December 31, 2006 The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after the termination date of the Agreement. o The GRANTEE shall execute this Agreement within 90 days of formal COMMISSION approval. Failure to execute this Agreement shall render the award of funds null and void, and shall result in term inalion of this Agreement. ~OMPENSA TION '4 For satisfactory completion of Phase I of the project, Near Shore Reef Mooring Buoys by the GRANTEE under the terms of this Agreement. the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $ 75,000,00, -'Is Indicated in FBIP Grant Application #05-008, the GRANTEE has agreed to provide 25% of the estimated total project cost. If the actual cost of the project is less than the estimated total project cost, compensation by the COMMISSION shall be 75% of the actual total project cost. Page 3 of 9 16F8 . PAYMENTS 26, The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of a final invoice. accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. The invoice must be submitted within 30 days after completion of Phase I of the Project. The invoice shall include the FWC Contract Number and the Grantee's Federal Employer Identification (FEID) Number and should be in a format similar to Attachment F. sample invoice form. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 27, Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final completion of Phase I of the Project occurs and work is verified by COMMISSION staff. Payment will be made only for documented and verified costs, The COMMISSION will not pre-approve or disburse any Program funds in advance. Failure to complete the Project and make final payment request to the COMMISSION within the stipulated period shall result in termination of this Agreement. Any funds not disbursed or expended by the end of the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes. 28, No travel expenses are authorized under the terms of this Agreement. 29, The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached hereto and made a part hereof as Attachment B. 30, The COMMISSION shall have 30 working days to inspect and approve goods and services. 31, Any Phase I Project deficiencies, as noted in the final Project inspection. shall be corrected by the GRANTEE prior to final Project acceptance and payment by the COMMISSION, The COMMISSION may restrict any or all payment of Program funds pending correction of such deficiencies. 32, For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 33, In order to make best use of the agency's resources. the COMMISSION reserves the right to utilize Federal funds for payments under this Agreement. In the event Federal funds become available for such use. and subject to the mutual agreement of the parties hereto, the Agreement shall be amended to include applicable Federal Requirements, 34, Invoices, including backup documentation. shall be submitted to: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 TERMINATION 35, This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. Page 4 of 9 16F8 36, Upon termination of this Agreement. the GRANTEE shall promptly render to the COMMISSION all property belonging to the COMMISSION, For the purposes of this section, property belonging to the COMMISSION shall include, but shall not be limited to. all books and records kept on behalf of the COMMISSION, TAXES 37, The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. NOTICE 38, Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Collier County BOCC 3050 N. Horseshoe Dr., Ste. 219 Naples, FL 34104-7910 Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, FL 32399-1600 Phone: (850) 487-3755 Fax: (850) 488-9284 Attn: Susanna Stephens, Program Administrator Phone: (239) 530-5342 Fax: (239) 403-2404 Attn: Gary McAlpin, Project Manager AMENDMENT OR MODIFICATION 39, No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties, 40 The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g,. specifications, schedules, method or manner of performance. requirements, etc,), However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES d 1 The GRANTEE shall perform as an independent agent and not as an agent, representative. or employee of the COMMISSION. 42, The GRANTEE covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required, 43 The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. ,NSURANCE REQUIREMENTS 44 To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement. Workers' Compensation insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the Page 5 of 9 16F8 protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law, In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. 45, Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 46. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law. and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119. FLORIDA STATUTES 47, This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. RECORD KEEPING REQUiREMENTS 48, The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordar.ce with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION. the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports. canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise, These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 49, Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However. nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 50. No person, on the grounds of race, creed. color, national origin, age, sex, or disability, shall be excluded from participation in. be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 51, In accordance with Section 287.134, Florida Statutes. an entity or affiliate who has been placed on the discriminatory vendor list 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 Page 6 of 9 16F8 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.. NON-ASSIGNMENT 52. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 53. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 54, it is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 55, This Agreement has been delivered in the State of Fiorida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 56, The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 57, As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. PROPERTY/EQUIPMENT 58, The GRANTEE is not authorized to use funds provided herein for the purchase of any non-expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 59, In accordance with section 215.97, Florida Statutes, the Florida Single Audit Act requires all non- State organizations that are recipients of State financial assistance to comply with the audit requirements of the Act. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133, Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part of the Agreement, as applicable. Page 7 of 9 16F8 60. In accordance with section 216,347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency, RIGHTS IN PROPERTY. COPYRIGHTS, AND INVENTIONS 61, All items, materials or products, of any description, produced or developed by the GRANTEE on behalf of the COMMISSION in connection with this Agreement shall be the exclusive property of the COMMISSION and may be copyrighted, patented, or otherwise restricted by the COMMISSION as provided by Florida law. Neither the GRANTEE nor any of its subcontractors shall have any proprietary interest in the products and materials developed under this Agreement. 62. The COMMISSION reserves the right to determine the disposition of title and rights to any inventions and/or processes that may result from any experimental or developmental research performed under this Agreement. If Federal funding is involved in support of this Agreement, the Federal Government may reserve ultimate jurisdiction over title and right privileges. 63. Regardless of title or ownership of the products and materials developed under this Agreement, the COMMISSION and the State of Florida shall reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. If Federal funding is involved in support of this Agreement, the Federal Government shall also reserve a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work for governmental purposes. ENTIRE AGREEMENT 64. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties, Any alterations, variations, changes. modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. (Remainder of page intentionally left blank.) Page 8 of 9 16F8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~>~" -r- --' .., Frtl.,,,,, 1f4/'l.:l, Chairman FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Kenneth D. Haddad, Executive Director Date 2. ,~/S . 010 Date Name (Print) and legality: Colli'C.r(]uI1I-S/~Me"'rneJ" +jliw,~ Grantee Name ' BOSO N. florSec.k<=-. 'Dr.,&lIfe.;2lg Address NrlF1/r:'c5, F! ?lY/~~ ~te, and Zip Code 59-6000558 Federal Employer Identification Number (FEID) _ ,',:::ij,j." ATTt::ST""~"""', '1". I-- '. . " OW GHt~~~0CK, C~K ,. ~-~ptrtyClerk" .' .:: " '~'" .,~ L .. ~ : () . ~.' , '. . . ^ "MUtt.u:io'Cha frNn' S ilto"ure' '0li1y. '!"""""'" 1t/2 ~ Approved to form and legality: -co.l'~ QJ~ County/Municipality Attorney List of attachments/exhibits included as part of this Agreement: Attachment A: Attachment B: Attachment C: Exhibit 1: Attachment D: Attachment E: Attachment F: FBJP Application # 05-008 and Project Proposal Comptroller Cost Reimbursement Requirements Federal/Florida Single Audit Act Requirements Funds awarded pursuant to agreement Certification of Completion form Monthly progress report form Sample invoice form *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the local governing body must accompany the Agreement. Page 9 of 9 ATTACHMENT A FBIP APPLICA nON AND PROJECT PROPOSAL 16F8 , FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION 16F8 FOR OFFICE USE ONLY iscaI Year: 2005-2006 ate Received: F'II' II t' th t I L II th bl k I ma see IOns a afJfJlY- eave a 0 er see iOns an I - APPLICANT INFORMATION a. County/Municipality Name: e. Project Manager Name: Collier County Gary McAlpin b. Federal Employer Id. No.: Project Manager Title: 59-6000558 Senior Project Manager c. Applicant Name: f. Mailing Address: Fred W. Coyle 3050 N. Horseshoe Drive, Suite 219 Applicant Title: City: Zip Code: Chairman, Board of County Commissioners Naples 34104-7910 d. Applicant Address: g. Telephone No.: Fax No.: Suncom No.: 3301 Tamiami Trail East, Bldg F, 3" Floor (239) 530-5342 (239) 403-2404 N/A City: Zip Code: E-mail: Naples 34112 l!l!n'mcalninfiilcnllien"Ov. net 11 - PROJECT SUMMARY a. Project Title: Near Shore Reef Mooring Buoys b. Type of Application: [8j New (never considered before) o Reconsideration o Phased Continuation -Phase No.: _ TIER-I TIER-II c. Type of Project: 0 1- Recreational Channel Marking 0 1- Boat Ramps 0 11- Public Launching Facilities 0 11- Piers and Docks 0 Ill, Aquatic Plant Control 0 1lI- Boater Education [8j IV- Other Local Boating Related Activities 0 IV-Economic Development Initiatives d. Project Cost: Total Cost: $100.000 Amount Requested: $75.000 e. Project Summary: Collier County has determined that significant coral outcroppings, including soft corals, sponges, gorgonians and other encrusting animals typical ofa limestone hardbottom reef, exist just off the coast of Collier Couuty. Investigations prompted by a Florida Department of Environmental Protection permit requirement identified approximately 500 acres of hard bottom formations within 1,000 feet of shore along 13.5-mile section of coastline. SEE ATTACHMENTS C, D and E for maps and photographs. In an effort to identify, protect and educate visitors and residents about these critical natural resources, while providing a safe recreational opportunity for boaters, Collier County desires to place boat mooring poiuts at approximately 25 strategic locations near these coral outcroppings. Collier County is prepared to provide $5,000 in in-kind contribution and $20,000 in hard currency matching funds, and is requesting $75,000 from the Florida Boating Improvement Program to implement this project. FWC/DLE-252 (02/05) 16F8 [111I - PRO,JECT NEED I a. List Primary Need for Project: r D Safety II D Age-end of Useful Life [8J Environmental Needs of the Area D Other: D High Demand by Users D Recommended by FWC Staff D Lack of In-house Capability b. Need Statement: d. I-':,]()\\ 11 Public Opposition: None known r-' \d !acel1t Land Owners: == 1 '>l'rs Groups: ~ '\cigbborhood Assoc.: 1_ I "caLState/Federal Government: LJ Legislature: I i Other: , : I~ : 2 1Lr-O IV - BUDGET Ao V I V a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application. ~ Yes, Preliminary D Yes, Final DNo b. PROJECT COST - SOFT (NON CASH) FUNDS Cost Item Applicant Other Do Not Use This TOTAL (List in Section V) Column Administration $ 5,000 $ $ In-Kind Engineering/Construction Management $ $ $ In,Kind Labor $ 0 $ $ I In-Kind Materials $ 0 $ $ In-Kind Equipment $ 0 $ $ I Total Soft Funds $ 5,000 $ $ 5,000 I c. PROJECT COST, HARD (CASH) FUNDS I Cost Item Applicant Other FB I P Grant TOTAL (List in Section V) Planning/Engineering $ 10,000 $ $ $ 10,000 ii Implementing/ Construction $ 10,000 $ $ 75,000 $ 85 000 I: , il Other: $ $ $ $ I I Total Hard Funds $ 20,000 $ $ 75,000 $ 95,000 i d. TOTAL FUNDS $ 25,000 $ $ 75,000 $ 100,000 V - OTHER SOURCE OF FUNDS (STATUS) N/A : a. D Federal D State/Local D Loan Agency: b. Grant Name: Amount $ - c. Approval Status: D Approved D Pending D Intend to Apply, Date: _ a. D Federal D State/Local D Loan Agency: b. Grant Name: Amount $ - I c. Approval Status: D Approved D Pending D Intend to Apply, Date: _ I , a. D Federal D State/Local D Loan Agency: b. Grant Name: Amount $ - c. Approval Status: DA roved Pend in Intend to A I, Date: pp D g D pp y FU:CiDIL.252 (OliOS) 3 16F8 VI - PERMITS Submitted Approved N/A a. Florida Department of Environmental Protection r:8J 0 0 b. Florida Fish and Wildlife Conservation Commission 0 0 r:8J c. U.S. Army Corps of Engineers r:8J 0 0 d. Local and Others (If needed) 0 0 r:8J VII - ENVIRONMENTAL ASSESSMENT YES NO a. Will the project significantly or adversely affects the environment? 0 r:8J b. [fYes, please explain key issues and describe any mitigation actions proposed. N/A VIII - BOATER SAFETY a. Explain how the project may affect boater safety whether positively or negatively. As commercial dive shops, tour boat operators, boat rental agencies and local boaters begin to discover the location of these significant coral outcroppings, there is a potential for overuse, stress and potential damage to these critical resources. Significaut risk to boaters, divers and the coral outcroppings will exist if boater access and anchorage is not coordinated. Boaters risk the potential of anchor slippage from wave and wind action. If anchors slip, anchor lines can get fouled on and damage the reefs. If dive locations are cougested, auchor lines and foul lines can become tangled or get caught in adjacent boat propellers. Boats can drift onto shoals and become damaged or damage environmentally sensitive areas. All these are examples of real and significant danger to the boating public without a series of permanent mooring locations. Mooring locations will direct boaters to permanent locations that boats can clip onto without the use of anchors. No drift will OCcur since the mooring will be permanent and there is reduced risk of anchor cables fouling or tangling with other anchor cables or propellers. Moorings will be located adjacent to but not immediately above environmentally sensitive areas. More boaters will be able to safely enjoy the area and less stress will be placed on the local environment. FVVC/DLE-252 (02/05l 4 l:Or"Bl I ,x - \ i'PUCATION A TT ACHMENTS CHECKLIST I U~.".:...._,,/ A I 0 ,-; !a Cover Letter: application transminal cover lener (ldentif'y priority rank with multiple applications). Ii i~ Ip , 0 lb. Project Proposal: a detailed description of project as outlined in the application instructions. IC Resolution: An adopted resolution. by the Governing Body, authorizing that the Project Manager has the i l8J D authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on , hehalf of another public entity. then a Memorandum of Understanding between the Applicant and the ! ! public entity must also be submined. ,- 'I [XI , I d. Boundary Map: indicate boundaty of the project area, r-n I i;:sj e. Site Control Documentation: (e.g. a deed. lease. results of title search, etc. for the project site,) 'I" , ~D: [J I r. Existing Condition Photographs (sufficient to depict the physical characteristics of the project area) [8Jn Aerial Photographs (marked with the approximate boundaries of the project site) :1 X, LJ " ~. i i~ i6l I h. Navigational Chart: An 8.5" x II" photocopy of a current NOAA North American Datum 83 nautical , LJ chart (provide the NOAA chart name and number) indicatin" the precise location of the project site. , i :sJ D I. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide , I notification of exemPtion from permittinn agency. ! , , i6l [J ! j Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quole from proposed vendor , ! , or an cnt!ineer" s cost estimate. I~, I k. ,~' Plans: preliminaty design/engineering plans (if completed). ."_..~---_.- , cs;] ~ ! L Appendix A: (For projects involving boat ramps, piers and docks, and public launching facilities only) ~ U ! Ill. One (I) original application. - - !~ D n. Seven (7) photocopies of the application and an electronic copy on CD or floppy disk. AI'PL;C\NT SIGNATURE .\ppiicoCl"n is hercby made for the activities described herein. I certif'y that I am familiar with the information contained ill the "pp,ication. and. to the best of my knowledge and belief, this information is true. complete. and accurate. I further cel'lli\ Ihlll I posscss the authority including the necessary requisite property interests to undenake the proposed activities. , ais" 'ccnil)'lhat the Applicant's governing body is aware of and has authorized the Project Manager as the official reprcscl1ultive of the Applicant to act in connection with this application and subsequent project as well as to provide ildclihli,,,i information as may be required. By signature below, the Applicant agrees to comply with all applicable ,elk:!':l!. ,t:1te. and local laws in conjunctioll with this proposal and resulting project so approved. i:~~~i ',:ovle i_'!'l''^:iI::C Chairman. Board of County Commissioners Title . ._'.,--1 -..'..1' :;::~:~I ~JI~nnttJre' r ;r-v '\ ,. J~ Mav 24. 2005 Date ; I 'IF FLORIDA. COUNTY OF ( (. "~I J I 2.;- ) :,; day of (Y\o..v I , 20<>5: ^ ;!:~ljic \Jame: ' [! /.1. ~. ""'~"lL " /.?.... :'-\'... Notary Public + State of FIodda ~.: : 'EMvCanmis5bn~2I.2UII "', ,. e'Sommlssion" 00277943 4 My com \~f~= il~[rUClion and funher information re-garding this application and the Florida Boating Improvement Program can be found in 1 I.~oaling JI11~r Program::Procedure Guide or you may comact the Program Administrator, Florida Fish and Wildlife " 11 L vOlm Issjp:;;{lIW'l!.u_=/ilIl~t, Fl 32399-1600. Telephone (Jl51l}48;]'il!1.i5, . "f) ~/~ _ _ ~ ... ",h, ?,".':(1~ ~(_ 5 =-77?~d.-rM'Lk~ .{,~~ . ~ --C:.:. ,,~.... .. ,,",_, _.......~.,:.;., 1~;~7\':r:.;.....-..a J"l:Q U j;le ';.1': t_.l::)" A TT ACHMENT A - Project Proposal 16F8 Collier County Near Shore Reef Moorine Buovs Proiect Proposal Proiect Descriotion Collier County has determined that significant coral outcroppings, including soft corals, sponges, gorgonians and other encrusting animals typical of a limestone hardbottom reef, exist just off the coast of Collier County. Investigations prompted by a Florida Department of Environmental Protection permit requirement identified approximately 500 acres of hardbottom formations within 1,000 feet of shore along 13.5-mile section of coastline. In effort to identity, protect and educate visitors and residents about these critical natural resources, while providing a safe recreational opportunity for boaters, Collier County desires to place boat mooring points at approximately 25 strategic locations near these coral outcroppings. Additionally, if feasible with this grant or future funding, mooring points may be placed near one or more of the 15 artificial reef locations along the coast. Tourism is one of the most important economic engines in Collier County. Collier County has identified ecotourism as a form of tourism that has not been fully explored. Recreational boating, boat charters and rental boating are vital aspects of our Tourism Industry that will benefit from a strong ecotourism industry. This project will also greatly enhance boater safety, boater access and boater awareness of these natural resources in a manner consistent with environmental protection and responsible growth management. John Halas developed the design for this system in the early eighties while serving as the Park Biologist for John Pennekamp Coral Reef State Park in Key Largo, Florida. Over the next two decades, this system has been placed in service throughout the Florida Keys and become the standard for off shore mooring systems to promote responsible and safe boater access and protection of critical marine habitat. Soecific Tasks Project tasks are broken down as follows: · Task I - Planning Engineering and Design & Bid Package · Task 2 - Obtain Permits · Task 3 - Purchase Mooring Buoys · Task 4 - Installation of Mooring Buoys · Task 5 - Creation of Informational Materials Timetable Project activities will commence 30 days after receipt of the joint USACEIFDEP permit and be completed 6 months after the permit is issued. The application for a joint USACEIFDEP permit has been submitted and is attached as ATTACHMENT F. Engineering will consist of confirming mooring locations and preparing a bid package from industry accepted standard details. See example attached as A TT ACHMENT H Construction will be weather related but can easily be accomplished within 6 months. Following the installation of the mooring system, a complete information package consisting of GPS coordinates, descriptions, photographs and general information of the underwater coral outcroppings will be released to the general public, dive shops. marina's, yacht clubs. tour outfitters, etc. for county wide use. A TT ACHMENT B 16F8 Comptroller Contract Payment Requirements Department of Financial Sen'ices, Bnreau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reimbursement Contracts In\'ulces for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (",Llr\, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed, LiSTed below are examples of types of documentation representing the minimum requirements: ( I) Salaries: A payroll register or similar documentation should be submitted, The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. i: l F ring.: Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: ,Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. r-'! : rll'e!: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (41 (lther direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A, 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes. for subsequent transfer to the State. ! c! ili,h(jllse charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. ! (, ,:',Jir-:ct costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. Page 1 of 1 16F8 ATTACHMENT C REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission, staff, limited scope audits as defmed by OMB Circular A,133, as revised, and/or other procedures. By entering into' this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient funher agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This pan is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A,133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this pan. In connection with the audit requirements addressed in Pan I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpan C ofOMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A,133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This pan is applicable if the recipient is a non-state entity as defmed by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicaies state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non, state entities. State financial assistance does not Page I 00 16F8 include Federal direct or pass,through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a fmancial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expenda less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state fmancial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's,resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than Stine entities). PART III: OTHER AUDIT REQillREMENTS There are no other audit requirements. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation COmmission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399,1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(!) and (2), OMB Circular A,l33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville. IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A-l33, as revised. Pursuant to Section .320 (I), OMB Circular A,133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-l33, as revised, and any management letter issued by the auditor, to the Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399,1600 Page 2 of3 16F8 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: The Commission at the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The AuditorGeneral's Office at the following address: Auditor General's Office G74 Claude Pepper Building III West Madison Street Tallahassee, FL 32399-1450 Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directlv to: The Commission the following address: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Any repons, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A,133, Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for'profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for,profit organizations), Rules orthe Auditor General. should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director by phone at (850) 488-6068. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. Page 3 of3 16F8 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None, STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: None, SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Agency: State Program: CSFA No,: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 77.006 Collier County Board of County Commissioners $75.000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1, Project activities must occur on public lands owned outright or managed under agreement with another party with lease terms exceeding 20 years. 2, Project activities must not create a boating safety hazard and/or increase the potential for damage to natural resources. 3, Recipient must comply with the Policies and Guidelines (Interim) of the Florida Boating Improvement Program, 4, Recipient must comply with all Commission rules, policies and procedures as well as all other state and federal rules. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5){a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Page 1 of 1 ATTAclerl5 8 ,'.'.H_HI() > r;::;;,II(.. ' ~.~f~' c"~,,, 'i fl'J!, ('-J';;'~ FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM CERTIFICATION OF COMPLETION STATEMENT I, (print Name and Title) representing (Name of Local Government) do hereby certify under penalties ofperiurv, as provided in s. 837.012, Florida Statutes, that the Florida Boating Improvement Program project funded by FWC Contract No. has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the proj ect have been paid; and that no liens have been attached against the project. (Signature) (Date) STATE OF FLORIDA, COUNTY OF ( Personally appeared before me this day of subscribed and swore to the above instrument in my presence. ,200_, who' Notary Public Name: My commission expires: (SEAL) CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Date: Name: Title: 16F8 A TT ACHMENT E FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # Reporting Period (MonthlY ear): (Due 15 days after the end of each month) Project Title: 1. Describe tasks completed this month: 2. List deliverables provided to FWC this month: 3. List tasks scheduled to be completed during next month: 4. Is project currently on schedule for completion by December 31, 2006? YES NO (If No, please explain any problems encountered and/or possible delays) Project Manager Date Page 1 of 1 ATTACHMENT F Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399-1600 16F8 INVOICE Date: FWC Contract #: Remit payment to: Grantee: Address: City, 'State: Zip: FEID#: GRANT REQUEST Cost Item Applicant Other FBIP Grant TOTAL Perm illlng/Pla nn ing/Eng ineering $ $ $ $ Implementing/ Construction $ $ $ $ Other: $ $ $ $ Total Hard Funds $ $ $ $ Amount of Grant Award: $ PROJECT COSTS Cost Item Amount Perm itting/Plann ing/Engineeri ng $ Implementing/ Construction $ Other: $ Total Costs: $ Grantee Matching Funds: $ Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Date: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ""'C.1 ,c,,~... '\'~' . './ ~",'~".; 1 . ~""" .:" 'fj c".;-" RODNEY BARRETO Miami KATHY BARCO Jacksonville SANDRA T. KAUPE H.A. "HERKY" lillFFMAN DAVID K MEElL'ili Palm Beach Enterprise St. Petersburg RICHARD A. CORBETT BRIAN S. YABLONS1 6 F 8 Tampa Tallahassee KEX!\."ETH D. HADDAD, Executive Director VICTOR J. HELLER, Assistant Executive Director DIVISION OF LAW E~'FORCE:.\IEXT COLO~'EL JULIE JO:\"'ES, Director LT. COLOXEL DON HOLWAY, Deputy Director LT. COLONEL JIM :\1cCALLISTER, Deputy Director LT. COLONEL MIKE WIWI. Deputy Director (850)488-6251 TDD (850)488'9542 January 11,2006 Mr. Gary McAlpin Collier County Board of County Commissioners 3050 N. Horseshoe Drive, Suite 218 Naples, FL 34104 RE: Contract No. 05108 - Florida Boating Improvement Program (FBIP) Grant Agreement Near Shore Reef Mooring Buoys Dear Mr. McAlpin: Pursuant to our phone conversation today, I am resending the FBIP Grant Agreement, along with a copy of the first transmittal letter I sent in October notifying you that Collier County had been awarded funding in the amount of $75,000.00. I apologize for this not getting to you sooner, however, Suite 219 was listed on the Grant Application. I have made the correction to Suite 218. If you have questions or need further information, please do not hesitate to give me a call at (850) 410-0656, extension 17127. Sincerely, ~ Susanna Stephens, Grants Specialist Boating and Waterways /ss Enclosures 620 South Meridian Street -Tallahassee. FL . 32399-1600 Visit MyFWC.com FLORIDA FISH AN~ WILDLIFE CONSERV~ ~fION COMMISSION ~\SH AND V~"'~ :t<~j~ c".,.".,~;,~,o ~\}/~ ;"- :\~ J;'-,/'x'l; . <<?!;:' "'....... . .-',.." ""fOrl c.U ' RODNEY BARRETO Miami SANDRA T. KAllPE Palm Beach H.A. "HERKY" HUFFMAN Enterprise DAVID K. MEEHAN St. Petersburg KATHY BARCO Jacksonville RICHARD A. CORBETT Tampa BRIAN S, YABLONSKI Tallahassee KEl\'NETH D. HADDAD, Executive Director VICTOR J. HELLER. AsSlStant Executive Director d'~~ ~~U U 16F8 DIVISION OF LAW ENFORCEME:\ COLONEL JULIE JONES, Direct! LT. COLONEL DON HOLWAY, Deputy Direct' LT. COLONEL JIM MCCALLISTER, Deputy DI1'€cv LT. COLOKEL MICHAEL WTWI, Deputy Direcu (850)488-6251, TDD (850)488-954 October 19,2005 Mr. Gary McAlpin Collier County Board of County Commissioners 3050 N. Horseshoe Drive, Suite 219 Naples, FL 34104 Dear Mr. McAlpin: The application review committee for the Florida Boating Improvement Program (FBIP) met on October 5, 2005 to score and rank the applications for fiscal year 2005-2006 funding. Based on the score the application received and its ranking among the other applications, I am pleased to inform you that the Near Shore Reef Mooring Buoys project has been awarded funding in the amount 0[$75,000.00. Our staff will provide Collier County with a grant agreement for review. However, the grant agreement will not be effective until executed by both parties. Please note the FBIP will not reimburse Collier County for any funds spent prior to the execution of a grant agreement. If you have any questions, please contact me at (850) 410-0656, extension 17127, or Mr. Tim Woody at (850) 488-3755 or email fbiDIalMvFWC.com. Sincerel y, ~ Susanna Stephens, Grants Specialist V Florida Boating Improvement Program Boating and Waterways Section ss/t\v 620 South :Vlerldlan Street. Tallahassee' FL . 32399-1600 Vislt......lyFWC.coUl FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ~.. c,. ~: ~ .":i~ ~,'~ ; ~t'r~,.' '~<. """"'/1 ",': RODNEY BARRETO Miami SANDRA T. KAUPE Palm Beach HA "HERKY" HUFFMAN Enterprise DAVID K MEEHAN St. Petersburg KATHY BARCO Jacksonville RICHARD A. CORBETT Tampa BRIAN S. YABLONSKI Tallahassee 1 6 F 8 KEN~ETH D. HADDAD, Executive Director VICTOR J. HELLER. Assistant Executive Director DMSION OF LAW ENFORCEMEKT COLONEL JULIE JONES, Director LT. COLONEL DON HOLWAY, Deputy Director LT. COLONEL JIM McCALLISTER, Deputy Director LT. COLONEL MIKE WIWI, Deputy Director (850)488-6251 TDD (850)48S-9542 OD.lG'I~" ^L r\i ; nu-\ December 22, 2005 Mr. Gary McAlpin Collier County Board of County Commissioners 3050 N. Horseshoe Drive, Suite 219 ,':? Naples, FL 34104 RE: Contract No. 05108 - Florida Boating Improvement Program (FBIP) Grant Agreement Near Shore Reef Mooring Buoys Dear Mr. McAlpin: Enclosed are three (3) originals of the Grant Agreement for the FY 05/06 FBIP grant award to Collier County for the Near Shore Reef Mooring Buoys project. Please have the Grant Agreement reviewed, signed by the authorized designee and return all three originals to me. According to Section VII of the FBIP Policies and Guidelines, the County has 90 days from the date of this letter to have the Agreement executed. Failure to execute the Agreement within the 90-day period may render the grant null and void. Upon full execution, an original will be returned to your office. If you have questions or need further information, please do not hesitate to give me a call at (850) 410-0656 Ext. 17127 or e-mail me at Susanna.Stephens(@MyFWC.com or Tim Woody, Ext. 17173, e-mail Tim.Woodv@MvFWC. Sincerely, sus~ Grants Specialist Boating and Waterways /ss Enclosures 620 South Meridian Street -Tallahassee. FL. 32399-1600 Visit 11yFWC.com MEMORANDUM 16FJO Date: February 27,2006 To: Jack Wert Tourism Director From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Collier County Beach Renourishment Enclosed please find one copy of the Contract Amendment #1 to Contract # 05-3854, (Agenda Item #16F10) as referenced above, approved by the Board of County Commissioners on Tuesday, February 14, 2006. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosure 16FIU Contract Amendment #1 to Contract # 05-3854 "Collier County Beach Renourishment" This amendment, dated f eb..-",,,,~)' Ii.(, 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Great Lakes Dredge & Dock Company, LLC (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding 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 follows: The contract shall be modified as below in accordance with mutually agreed upon negotiations to decrease the cost of the project: Change: 1. Bid Drawing CS-I to reduce the North Park Shore effective distance by one thousand six hundred seventy-four feet (1,674'). 2. Exhibit J, Technical Specifications, page J-40, paragraph 31.12. The contractor will manage sand placement by reach. Tolerances will be revised to allow a payment tolerance of +/-0.5' between FDEP monuments. Maximum pay and placement volume not to exceed volume within the construction template. No payment will be made if95% of the construction template by reach is not achieved. 3. Exhibit J, Technical Specifications, page J-28, paragraph 28.7, Removing Rock. Rubble or Debris in the Borrow Area. will be revised to allow rock, rubble and debris to be screened with overboard disposal back into the borrow area. 4. Exhibit J, Technical Specifications, pages J-17, paragraph 16. PAYMENT FOR BEACH TILLING AND BEACH SCARP LEVELING is to be deleted. 5. Proposal, page GC-P-2, bid item 9, Beach Tilling, is deleted. 6. Increase cubic yardage of sand an estimated 39,027 cubic yards to reflect increased quantity required due to erosion between design drawings and preconstruction survey as shown on Attachment A. Total volume of sand to be placed is estimated to be 664,421 cubic yards. The cost for the additional sand is $1,035,287.00. 7. Exhibit I, Supplemental Terms and Conditions, will be revised to read; If substantial completion of the project is not achieved by May 16, 2006, liquidated damages will cease and the project will be completed after November I, with the Contractor providing all additional mobilization, demobilization, out of pocket expenses and regulatory pennitting/compliance at the Contractors expense and at no additional cost to the County. Remobilization, if required, will be between November I, 2006 and April 30, 2007. Collier County is committed to avoid remobilization and will work will all regulatory agencies and the contractor to avoid this. Add: I. The following wording to Exhibit I, as Item 2: Page 1 of 2 . l 16FIO Safetv ReQuirements. Contractor shall: (1) maintain all operations within the leased area in compliance with regulations, orders, guidelines, and directives intended to protect persons, property, and the environment, including mineral deposits and formations of mineral deposits not leased hereunder, and (2) allow prompt access, at the site of any operation subject to safety regulations, to any authorized Federal inspector and shall provide any documents and records that are pertinent to occupational or public health, safety, or environmental protection as may be requested. The lease is valid only if such steps are incorporated in the contract between the Contractor and the Lessee. All other terms and conditions of the agreement shall remain in force. IN WITNESS WIIEREOF, 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. CONTRACTOR QAA'~~ Witness KOSS,,"LL F l:W1W1b'1e.W1.41i' Print Name ~~ UWitness 7:9 /-i71/ ,)/ /h '> Print Name Great Lakes Dredge & Dock Company, LLC By: ~:/4- ~J_ - ~ Title: Dated: V,'c... e... pre.:> ;,cN:U' ;-- "" /on.! t::>(L, OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: . "-~~ Jack Wert, Tourism Hector Approved as to form and Legal sufficiency: ~MJeaM/1I ~ / Ilem# Ita f \0 Agenda ~-\l.\-olo Date Assistant County Attorney Page 2 of2 :b ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL" 6 F 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exce tion aCthe Chairman's si atuTe, draw a line thrall routin lines # I throu #4, com lete the checklis and forward to Sue Filson line #5 . Route to Addressee(s) itials Date List in TOutin order) 2. 3. 4. 5. 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primlU)' contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statffor additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Phone Number Contact DARCY WALDRON 774-8000 Agenda Date Item was ,Z-ll./.. Off) Agenda Item Number Approved by the BCC "> ">0 "'6 16Fll Type of Document Number of Original Attached LETTER Documents Attached I ORIGINAL INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain, time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on .0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attornev's Office has reviewed the chan es, if a Hcable. 1\k I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 lhFll PJ30ad o/'iifofkm, 'iif~:I 'iif~MWY<i @ 3301 East Tamiami Trail- Naples, Fiorida 34112 - 4977 ,.,:,<....~::'" (239) 774,8097. Fax (239) 774-3802 ' , , Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 14,2006 Barbara Hyde, Licensure Director Florida Department of Health Bureau of Emergency Medical Services 4052 Bald Cypress Way, Bin #C-18 Tallahassee, FL 32311-1738 Dear Ms. Hyde: The Board of Collier County Commissioners recently approved the renewal of a Certificate of Public Convenience and Necessity (COPCN) for the Naples Community Hospital Healthcare System. Unfortunately, there were apparently a number offactors that contributed to the delay in processing the license. Please accept this letter as acknowledgement from the Collier County Board of Commissioners that the approved renewal COPCN should reflect licensure for the period of May 2005 through May 2006 pursuant to the Board's prior action of December 13,2005. Thus, NCH did operate in Collier County in good standing during that period. County staff has taken steps, in conjunction with the NCH Healthcare System, to ensure a more timely notification to your department in the future. R~~ -2--'9/' Frank Halas, Chairman Collier County Board of Commissioners ATIEST: ,"> DWIGHT Ii:B\:<<)CK, ClERI(:; . ~-~l~~~?t;rJjAl~ Attest 'as -to ~f run's .tINtwe on1,. .::'!:~~'.' ~~;~" ltem# l~ F!( Agenda ~ -l '-f ~o0 Date Date f\ -15 ~j(( Rec'd c,L ~ (}{J J( 16H5 MEMORANDUM Date: February 15,2006 To: Winona Stone Assistant to the County Manager From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-29 Collier County Public Safety Coordinating Council Resolution Enclosed please find one (1) copy of the document, as referenced above, approved by Board of County Commissioners on Tuesday, February 14,2006 (Agenda Item 16H5) If you should have any questions, please contact me at 774-8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 H;; . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should b~ hand delivered to the Board Office. The completed routing slip and original documents are to he forwarded to the Board Otlicc only after the Rtlard has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional sib1flatures, dates, and/or infomtation needed. If the document is already complete with the exccotion of the Chairman's si2Jlature, draw a line throUl,h routinp" lines #1 through #4, comnleLc the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routinl! order) 1. ~ 2. -- - 3. ---------- 4. -- 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to he deliven:d to the Bee office only after the Bee has acted to approve the item.' Name of Primary Staff Winona Stone Phone Number 774-8383 Contact Agenda Date Item was 2.14.06 Agenda Item Number 16H5 Annroved bv the BCC Type of Document Resolution 20D0 - 2q Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Ollice and all other arties exce tthe BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC omce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on_2.14.06_(enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne '8 Office bas reviewed the chan es, if a licable. Yes (Initial) 2. 3. 4. 5. 6. WWS NA WWS WWS w$ z..' q. 0 WWS 1: Forms! County Fonns! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16H 'I~. ;'~ .. } .> RESOLUTION NO. 2006-..2.9.. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING THE COLLIER COUNTY PUBLIC SAFETY COORDINATING COUNCIL'S RESOLUTION FOR SUPPORT IN ATTAINING ADDITIONAL JUDGES, ADDITIONAL ASSISTANT STATE ATTORNEYS, ADDITIONAL ASSISTANT PUBLIC DEFENDERS AND ADDITIONAL SUPPORTING PERSONNEL TO MOVE THOSE CHARGED WITH CRIMINAL OFFENSES THROUGH THE JUDICIAL SYSTEM AND THEREBY GAIN THE ABILITY TO MORE EFFECTIVELY MANAGE THE JAIL POPULATION OF COLLIER COUNTY. WHEREAS, the Collier County Public Safety Coordinating Council, pursuant to Section 951.26, Fla. Stat., is required to meet for the purposes of assessing the population status of all detention or correctional facilities that are owned or contracted by Collier County and to formulate recommendations to ensure the capacity of such facilities are not exceeded; and WHEREAS, there is a direct impact to the population of local detention or correctional facilities relative to the ability to move those charged with criminal offenses through the use of the system in a safe, expeditious and efficient manner; and WHEREAS, the Collier County Public Safety Coordinating Council acted by resolution on January 27, 2006, to advocate the support of the Board of County Commissioners of Collier County, Florida in attaining additional judges, additional assistant state attorneys, additional assistant public defenders and additional supporting personnel for the purpose of better moving those charged with criminal offenses through the judicial system in a safe, expeditious and efficient manner and thereby more effectively manage the jail population of Collier County (copy of Public Safety Coordinating Council Resolution attached as Exhibit I); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The Board of County Commissioners of Collier County, Florida hereby supports the Collier County Public Safety Coordinating Council's request to support attaining additional judges, additional assistant state attorneys, additional assistant public defenders and additional supporting personnel to better move those charged with criminal offenses through the judicial system in Collier County in a safe, expeditious and efficient manner and thereby more effectively manage the jail population of Collier County. This Resolution adopted after motion, second, and majority vote on this 14~ay of February, 2006. ATTEST:"..,.' Dwight E:Brock,cLt.RK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ~A BY: _~>~ Frank Halas, CHAIRMAN Item# ~.: Agenda 2 -I 4 :.ff.. Date OP . ' , B*;(11 f/ftl'Md,.!1" EPlJT.Y' '. , '.,,'~, Chl1run's ".~' ""S ' 1. . . Approved as t ,orm anll\'\l:!al suffiCiency: /nJ ~ ili#/ Michael W. Pettit, Chief Assistant County Attorney Elot~ 2-1') ~~ ~'d -~rJrMJO ,6 , uty Clerk 04-BCC-OI199/441 f:f'v RESOLUTION NO 2006,01 A RESOLUTION OF THE PUBLIC SAFETY COORDINATING COUNCIL OF COLLIER COUNTY PERTAINING TO SUPPORTING THE ATTAINMENT OF ADDITIONAL JUDGES, ASSISTANT STATE ATTORNEYS, ASSISTANT PUBLIC DEFENDERS AND SUPPORTING PERSONNEL FOR THE JUDICIAL SYSTEM OF COLLIER COUNTY IN THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA WHEREAS, the Public Safety Coordinating Council of Collier County, pursuant to Section 951.26 Florida Statutes, is required to meet for the purpose of assessing the population status of all detention or correctional facilities owned or contracted by Collier County and to formulate recommendations to ensure that the capacities of such facilities are not exceeded; and WHEREAS, there is a direct impact to the populations of local detention or correctional facilities relative to the ability to move those charged with criminal offenses through the judicial system in a safe, expeditious and efficient manner; and WHEREAS, the Public Safety Coordinating Council of Collier County has made a determination that additional assets are required to accomplish the goal of moving those charged with criminal offenses through the judicial system of Collier County in a safe, expeditious and efficient manner; and WHEREAS, the Public Safety Coordinating Council of Collier County deems it necessary to acquire additional Judges, additional Assistant State Attorneys and additional Assistant Public Defenders and supporting personnel for Collier County in the Twentieth Judicial Circuit of Florida, to move those charged with criminal offenses through the judicial system in a safe, expeditious and efficient manner and thereby more effectively managing the jail population of Collier County. NOW THEREFORE, BE IT RESOLVED BY THE PUBLIC SAFETY COORDINATING COUNCIL OF COLLIER COUNTY, FLORIDA, THAT: The Public Safety Coordinating Council of Collier County herby advocates for support by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA in attaining additional Judges, additional Assistant State Attorneys, additional Assistant Public Defenders and supporting personnel to move those charged with criminal offenses through the judicial system in a safe, expeditious and efficient manner and thereby gaining the ability to more effectively manage the jail population of Collier County. THIS RESOUTION ADOPTED after motion; second and majority vote this 27th day of January, 2006. ATTEST: Dwight E. Brock, CLERK PUBLIC COUNCIL FLORIDA SAFETY COORDINATING OF COLLIER BY: BY: DEPUTY CLERK rm and legal sufficiency: ~ Michael W. P it Chief Assistant County Attorney yy-1238/11 16H5 EXHIBIT J -1- 1611 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 14, 2006 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) December 17, 2005 through December 23,2005. (2) December 24, 2005 through December 30, 2005. (3) December 31, 2005 through January 6, 2006. (4) January 7,2006 through January 13, 2006. B. Districts: (1) Port of the Islands Community Improvement District: Agenda of August 26, 2005; and Minutes of August 26, 2005. (2) Collier Mosquito Control District: Meeting Schedule for Fiscal Year 2005 - 2006. C. Minutes: (1) Bayshore Beautification MSTU Advisory Committee: Minutes of December 14, 2005; and Agenda of January 11,2006; Agenda of February 25, 2006 (Special Meeting); Agenda of February 8, 2006; Minutes of January 11, 2006. (2) Bayshore/Gateway Trianqle Local Redevelopment Advisory Board: Agenda of January 3, 2006; Agenda of December 6, 2005; and Minutes of December 6, 2005. (3) Collier County Citizens Corps Advisory Committee: Minutes of November 16, 2005; Minutes of December 21, 2005; and Agenda of December 21, 2005. H:\DA T AIMelaniel2006 Miscellaneous CorrespondenceI2.14.06 Misc. Corresp. Memo.doc lblJ. (4) Collier County Coastal Advisory Committee: Minutes of January 13, 2005; Minutes of February 10, 2005; Undated Memo regarding the budget workshop held on February 18, 2005; Minutes of February 18, 2005 (Workshop Session); Agenda of March 10, 2005; Minutes of March 10, 2005; Minutes of March 24, 2005 (Special Session); Agenda of March 24, 2005 (Special Meeting); Minutes of April 14, 2005; Agenda of April 14, 2005; Minutes of May 12, 2005; Agenda of May 12, 2005; Minutes of June 9, 2005; Agenda of June 9, 2005; Minutes of August 11, 2005; Agenda of August 11, 2005; Minutes of September 8, 2005 (FDEP Workshop); Minutes of September 8, 2005; Agenda of September 8, 2005; Agenda of September 8, 2005 (FDEP Workshop); Minutes of October 13, 2005; Agenda of October 13, 2005; Minutes of November 10, 2005; Agenda of November 10, 2005; Agenda of December 8, 2005; and Minutes of December 8, 2005. (a) Collier County Erosion Control Line: Minutes of March 10, 2005 (Workshop). (b) Coastal Advisory Inlet Sub-Committee: Minutes of April 5, 2005 (Fieldtrip and Workshop); Agenda of April 5, 2005 (Fieldtrip and Workshop); Agenda of May 3,2005 (Workshop); Agenda of May 12, 2005 (Workshop); Minutes of June 3, 2005; Minutes of August 11, 2005 (Workshop); Agenda of August 11, 2005 (Workshop). (5) Collier County Contractors' Licensinq Board: Agenda of January 18, 2006. (6) Development Services Advisory Committee: Agenda of January 4, 2006; Minutes of January 4, 2006. (7) Collier County Emerqency Medical Services Advisory Council: Agenda of January 26, 2005; Minutes of January 26, 2005; Minutes of February 18, 2005 (Workshop); Minutes of February 23, 2005; Undated Announcement canceling the March 23, 2005 meeting; Undated Memo canceling the April 2005 meeting due to the lack of a quorum; Minutes of May 25, 2005; Informal Minutes of June 22, 2005 (No Quorum); Unofficial Minutes of July 29,2005 (No Quorum); Minutes of August 2005 (incomplete date); Agenda of August 24, 2005; Minutes of September 28, 2005; Undated Notice of Cancellation for , \ TA \Melanic\2006 Miscellaneous Correspondence\2.l4.06 Misc. Corresp. Memo.doc 1611 October 26 (incomplete date) meeting (No Quorum); Undated Notice of Cancellation of the December meeting (members out of town); Minutes of November 22,2005. (8) Environmental Advisory Council: Agenda of February 1, 2006; Minutes of December 7, 2005. (9) Forest Lakes Roadway and Drainaqe MSTU Advisory Committee: Agenda of January 11, 2006; Minutes of December 14, 2005; Advisory Committee/Board Four-Year Review by the Board of County Commissioners for Fiscal Year 2006; Agenda of February 8, 2006; Minutes of January 11, 2006. (10) Golden Gate Community Center Advisory Board: Agenda of February 7, 2005; Minutes of February 7, 2005; Agenda of March 7, 2005; Minutes of March 7, 2005; Agenda of April 4, 2005; Minutes of April 4, 2005; Agenda of June 6, 2005; Minutes of June 6, 2005; Agenda of August 1, 2005; Agenda of October 3, 2005; Minutes of October 3, 2005; Agenda of November 7, 2005; Minutes of November 7, 2005; Agenda of December 5, 2005; Minutes of December 6, 2005; Memorandum dated January 3, 2006, listing the dates there were no meetings; Agenda of January 11, 2006; Minutes of January 11, 2005. (11) Golden Gate MSTU Advisory Committee: Agenda of January 10, 2006, Minutes of December 13, 2005. (12) Collier County Hispanic Affairs Advisory Board: Memo dated January 6, 2006, from Colleen M. Greene, Assistant County Attorney to Winoma (sic) Stone regarding Meeting Minutes and Cancellations; Amended Agenda for February 24, 2005; Minutes of February 24, 2005; Agenda for September 22, 2005; Minutes of September 22, 2005; Agenda for October 13, 2005; Minutes of October 13, 2005; Agenda for November 7, 2005 (Joint Workshop with the BCC); Minutes of November 7, 2005 (Joint Workshop with the BCC); Minutes of November 10, 2005; Agenda of November 10, 2005; Agenda of December 15, 2005; Minutes of December 15, 2005. (13) Collier County Historic and Archaeoloqical Preservation Board: Letter dated January 6, 2005, from Raymond V. Bellows, Historic Preservation Coordinator, to Susan M. Harp, Certified H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2.14.06 Misc. Corresp. Memo.doc 16 ',1 Local Government Coordinator regarding Meeting Minutes, Scheduling; and Cancellation of the December meeting; Agenda of January 18, 2006; Minutes of November 16, 2005. (14) Immokalee Beautification MSTU Advisory Committee: Minutes of November 16, 2005; Agenda of November 16, 2005. (15) Isles of Capri Fire/Rescue Advisory Board: Agenda of January 6, 2005; Agenda of February 3, 2005; Agenda of March 3, 2005; Agenda of April 14, 2005; Agenda of May 5, 2005; Agenda of June 9, 2005; Agenda of July 7,2005; Agenda of August 11, 2005; Agenda of September 1, 2005; Agenda of October 6, 2005; Agenda of November 3, 2005; Agenda of December 1, 2005. (16) Conservation Collier Land Acquisition Advisory Committee: Minutes of December 12, 2005; Form 8B Memorandum of Voting Conflict for William Hager Poteet, Jr. dated December 12,2005; Agenda of January 17, 2006. (17) Lelv Golf Estates Beautification MSTU Advisory Committee: Agenda of January 19, 2006; Minutes of December 15, 2005. (18) Library Advisory Board: Memo dated December 20,2005, from Luz Pietri, Administrative Assistant, to Winona Stone, Assistant to the County Manager regarding Minutes, Agendas, and Cancelled Meetings; Agenda for December 14, 2005. (19) Parks and Recreation Advisory Board: Agenda for December 21, 2005; Minutes for December 21, 2005; Agenda of January 18,2006. (20) Pelican Bav Services Division Board: Memo from Barbara Smith to Sue Filson, Executive Manager of the BCC dated December 20, 2005, regarding Missing Agendas and Minutes; Agenda of February 2, 2004; Minutes of November 9, 2005; Minutes of December 8, 2005; Agenda of January 4, 2006. (a) Budqet Sub-Committee: Agenda of January 25, 2006; Minutes of September 21,2005. (21) Collier Countv Planninq Commission: Minutes of November 17, 2005; Minutes of December 1, 2005; Agenda of January 5, 2006. '. D".. T A \Melanie\2006 Miscellaneous Correspondence\2.l4.06 Misc. Corresp. Memo.doc 1611 (22) Collier County Government Productivity Committee: Memo dated December 28, 2005, to the Board of County Commissioners from Barbetta Hutchinson, Executive Secretary, OMB regarding Meeting Minutes and Agendas and a Cancelled Meeting; Minutes of October 19, 2005; Agenda of January 19, 2005; Agenda of February 16, 2005; Agenda of March 16, 2005; Agenda of April 20, 2005; Agenda of May 18, 2005; Agenda of May 24, 2005; Agenda of May 27, 2005; Agenda of June 15, 2005; Agenda of August 17, 2005; Agenda of September 21, 2005; Agenda of October 19, 2005. (23) Radio Road Beautification MSTU Advisory Committee: Agenda of January 17, 2006; Minutes of November 15, 2005. D. Other: (1) Collier County Housinq Authoritv: Annual Financial Report of FYE 9/30/05; Approved Budget for FY 2005-2006; Registered Office and Agent; Schedule of Regular Meetings for 2005-2006; Description of Outstanding Bonds for FYE 9/30/05; Public Facilities Report; and Audit FYE 9/30/05. (2) Clerk of Courts: Email from Chris Ryser to Helpdesk dated January 13, 2006 regarding the rezoning of Riviera Golf Course to Affordable Housing. H:\DA T A IMelanie\2006 Miscellaneous Correspondence\2.14.06 Misc. Corresp. Memo.doc 16\1 · Clerk of the Circuit Court RECEIVED JAN 0 3 2006 Board of County Commissioners Collier County, Florida Finance & Accounting Department MEMORANDUM Fiala ~/ Halas ~' Henning_ _ Coyle ~/ __-= Coletta _ Date: 12/23/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Comrnissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period December 17, 2005 through December 23,2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 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'" ro , " ..., " m M M M M M . . . . ~ ~ . . . . w '" m w m m '" '" 0 U N N N N N N N N N N N N N N N N N N N N N N N E ..., ..., W ill , C , c c c c , , , , , , , , , , , , , , , c " " " u 0, .... rl rl ~ rl ~ H ~ rl ~ rl ~ ~ rl H ~ ~ rl rl rl rl ~ rl c, "' "' ro u ill C , , , , , , , , , , , , , , , c , c , , , , ~ ro ro ~ m , v-! - '" w-I H .11 ill rl m o u ..., u 2! u E E 0 U 0 0 " 0 w ~ " 0 ill 8 13 u '" 0 " ill " 'd ill ro u rl 0, W 0, E " ill 0 ro Z u . ~ro~OrlN~~~~OOmOrlNmOrl~M~~~~oo~~romOrlN~ ~~W~~~~~~~~~oooorow~~~~~~~~~rooorooommmm MMMMMMMMMMMMMMM~~~~~~~~~~~~~~~~~~ ~~~~~7~~7~~~~~~~~~~~~~~~~~~~~~~~~ mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 000000000000000000000000000000000 000000000000000000000000000000000 000000000000000000000000000000000 000000000000000000000000000000000 NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ~~mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 000000000000000000000000000000000 000000000000000000000000000000000 NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN """""""""""""""'" mmmmmmoooOOOOOOrlrlrlrlrlrlrlrlrlrlNNNNNNNN rlrlrlrlrlrlNNNNNNNNNNNNNNNNNNNNNNNNNNN """""""""""""""'" NNNNN~~~~~~~~~~N~~N~N~~~~~~~~N~~~ rlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrl ~roOOrlMOOOm7mom~~~0~0000~~Mmoo~0~o ~Ooo~o~~o~~~~m~~rlomOO~OO~~rlOO~O~~ M~~~m~m~~~~rlm~~~~m~O~M~MMrl~~Oo~mro ~ O~rl~rl~roroM~rlmNm~~~~m~~m~~~~o~~om ~ o~Nmmororomow~~~MM~oroNM~ ~rlrlOrl~~~ , , , , , , , , , , , , , , , , , , , , , , , , , 00 ro~~~~rl ~~~~ rl~~~Orl~ ~ rlrl~rl~rl~~ ~ rl N~rl moo ~mOrlMMrl 0 rl~rl ooN ~~ rlN rlrl rl ooN rl rl rl ~ U Z W~ H ~U~W HH~~ H O~~Z ~ O~OW ~~ ~~OU> 0 U W H ~ Z~~~~ U ~ O~ 0 ~O Z ~U U~ ~U~ ~ H U ~~ UHHH~O U ZU W~ ~~ HHH~~ Z~ ~ HH W ~~ H~~WW~ZH~ Z H ~Z ~O ZZ ~~HZO W Z 0 ~ U ZO UU U U ZO~~UWH~~ HU ZZZ ~HHUm Z ~~Z W~ ~~Z~ ~ ~Z HWH ~ ~Z~~ H UUH ~O~~~~UW~ U UH 0~ m~UH~~ HH ~~~~U~~~U H ~ 0~~ ~Z~ ~ ~ ~~~ H O~~W ~ ~~ H W O~~H~ ~ WW~ ~55~~~0~ W ~~ U~ H ~H~~ ~ H ~~O ~OO~W~~W ~ ~O Z H ~~~OZ ~ ~ ~~UU ~ZaH ~ Z~ HZ~H ~~Z~O~ ~ ~ W 0 H 0 ~ ~UO ~ ~~H ~ ~~ ~U ~ ~UUH ~~~ ~HUH ~ Z OO~ W~WW~Q OZ ~ w~wz 5 ~~~ 0 ~ H~HH~H~WW H~~ ZHHO~~ w~ 0 ~ ~~H0W~HH~~~~Z~~ ~H~~~W~~~~0H~~~U~ ~~~~~WHHHO~~~~~u~~~~~WH~~~~~H ~~~ ~Q~~OO~H ~~Q ~ Q~O~H~~OO H~~~ ~~~U0UUU~~~~~U~W~~U0Q0~~~UH~>~U~~ ~~~~Mrl~OO~ro~O~~~M~~~rl~MM~ ~N~~M~~~ N~rlm~ro~~mN~M~m~M~rlm~~~o~ ~~rlm~m~N MMm~m~~~OOrl~N~~Mm~m~mo~~o~~romrl~~Orl OO~M~~OOOrlrlMMMOOrlNMM~~~roroOrl~MMM~m 000000000000000000000000000000000 rlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrl ~ 01 ~ Ul <:: o -rl ~ m ~ QJ P< o rl rl o ~ >, m ~ ~ o ~ ~ ~ o P< QJ ~ E QJ ~ H QJ <:: 'rl H ~ ~ N ~ o o N '- M o '- rl o ~ 01 ~ Ul <:: o 'rl ~ m ~ QJ P< o rl rl o ~ >, m ~ ~ o ~ ~ ~ o P< QJ ~ E QJ ~ H QJ <:: 'rl H ~ ~ Copies to: Misc, Con'es: Dated /1'1 folo . , Item #110,]:" d A (;) ') If you have any questions regarding this correspondence, please telephone me at 774- 8481. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. Please find attached a listing of the disbursements for the Board of County Commissioners for the period December 24,2005 through December 30,2005. Re: Board of County Commissioners Disbursements From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board 12/30/05 Board of County Commissioners Date: To: MEMORANDUM Finance & Accounting Department Collier County, Florida Clerk of the Circuit Court 16\1 · ~ M ~ ~ W ~ ro ffi 0 ~ ~ M ~ m w ~ ro m 0 ~ ~ M ~ m w ~ ro m 0 rl ~ M ~ m w ~ 00 m 0 ~ ~ M ~ m W w W W W W W W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 00 00 00 00 00 00 00 00 00 m m m m m m m m m moo 0 0 0 0 ~ ~ N ~ ~ ~ ~ ~ ~ ~ N ~ ~ N ~ ~ N ~ N N N N N ~ N ~ N ~ N N N N N N ~ N ~ ~ M M M M M M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ rl rl rl rl rl rl ~ ~ rl rl rl rl rl rl rl rl rl rl ~ ~ rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl ~ 'rl rl rl ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o Q Q 0 000 Q 0 0 0 Q 0 0 0 000 0 0 0 0 0 000 Q Q 0 Q Q Q 0 Q 0 000 0 Q 0 000 ~ m w m w w w m w m w w w m w m m w w w m w m w m m m w m m m m w w w w w m w m m m m w 8 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 0000000 0 0 0 0 0 0 0 0 0 000 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 00000 0 0 0 0 0 000 0 0 0 0 0 0 000 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N ~ N ~ N N N N N N N N N N N N ~ ~ N N N N N N N N N ~ ~ N N N N ~ N N N N N N N N N """""""""""""""""""""" 00 ro 00 ro ro w w ro ro ro ro ro ro ro 00 ro ro ro ro 00 00 ro ro ro 00 ro 00 00 00 00 00 00 00 00 ro ro 00 ro ro ro ro W W 00 ~ N ~ N N N N N N N N N ~ N N ~ N N N N N N N N N N N N N N N N N N N N N N N N N N N N """"""""""""""""""'"""" N ~ ~ N N N N ~ N ~ N N N N N N ~ N N N N N ~ N ~ N ~ N N N N N N N N N ~ N ~ ~ N ~ ~ N rl rl ~ rl rl rl rl rl rl rl rl rl rl rl rl rl rl rl ~ ~ ~ rl rl rl rl rl rl ~ rl rl rl rl ~ rl rl rl rl rl rl rl rl rl rl .~ o rl N M ~ m W ~ 00 m 0 ~ N M ~ m w ~ 00 m 0 rl N M ~ m w ~ 00 m Q rl M ~ m w ~ ro m 0 rl N ~ m o 0 0 0 0 0 0 0 0 0 rl ~ rl rl rl rl rl rl rl rl ~ N ~ N N N N N N N M M M M M M M M M ~ ~ ~ ~ ~ 00 ro ro ro ro 00 00 ro ro ro ro 00 ro 00 00 00 00 ro ro 00 00 m 00 00 00 00 ro ro ro ro ro ro ro ro 00 ro ro ro ro ro ro 00 00 ro ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m m m m m m m m m ffi m m m m m m m m m m ffi m m m m m m m m m m m ffi ffi m ffi m m m m m m m m o 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M ~ ~ c o rl M ~ W rl WN N ~ ~ M ~ W o ~ ~ N N N ~ m ~ M ~ ~ co ~ 0 W rl M m r-- N ~ rl M ro c c ~ M N m N DON ~ ~ ~ m ~ m N 0 ~ m Nom ro mom m 0 m M m ro ~ ~ w 00 ~ ~ ~ m w ~ N M rl W 0 M ~ ~ ~ M rl W 0 M m ~ ~ 0 ~ ~ W M rl ~ 00 M W ~ MOW ~ rl N M m ro m ~ 0 W W rl ~ m mom w m w m ~ 0 ro N ~ m m M W ~ ~ W M M W M ~ ro 0 M ~ N N N m "' ~ Z ....:1....:1 O....:l '" r.. 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H o ~ ~ H o P< ill 00: E ill ~ H ill 0: "M ~ P, -< H m :>: Ul 0: o "M ~ rn H ill P< o H H o H >, rn P, H o ~ ~ H o P< ill '" E ill ~ H ill 0: "M ~ P, -< \0 o o '" ---- (V) o ---- ,-; o Copies to: Misc. corres: Date ,;:},/I '1 lob . Item# /t;I 2A (i,) If you have any questions regarding this correspondence, please telephone me at 774- 8481. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part ofthe official records. Please find attached a listing of the disbursements for the Board of County Commissioners for the period December 31,2005 through January 6, 2006. Re: Board of County Commissioners Disbursements From: Constance C. 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OrlNM~m\D~OOmOrlN~lflUl~~OrlmNM~lfllDOrlNM~UlUl~lD~oomo 4 ~~~~~~~~~~ooroooUlUlUlmlfllD~~~~~~~oooooooorooooooooooooooom Q NNNNNNNNNNNNN~~~~~~~~~~~~~~~~~~~~~~~~~~ ~: mUlUlUlUllflUllfllfllfllflUlUllflUllfllflUllfllfllflUlUlUlUlUlUlUlUlUllfl~UlmUllflUllflUl '0 m~~mmmm~~m~~mmmmm~~~~~~~~mmm~mmmmmmmmmm n 000000000000000000000000000000000000000 ~> 000000000000000000000000000000000000000 ~' 000000000000000000000000000000000000000 ~' 000000000000000000000000000000000000000 ): NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ....0 ....... - q-I . Misc. Corres: Date: a. / j<-f /O/,p Item #: fig I ;;) 11 ( Lf ) Copies to: If you have any questions regarding this correspondence, please telephone me at 774- 8481. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 7, 2005 through January 13, 2006. Re: Board of County Commissioners Disbursements From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Date: 01/13/06 To: Board of County Commissioners MEMORANDUM Finance & Accounting Department Collier County, Florida Clerk of the Circuit Court 1611 \D ~ m 0 rl N M ~ ~ ~ ~ 00 marl N M ~ ~ w ~ 00 ~ 0 M N M '<I' ~ ~ ~ 00 m 0 rl N M '<I' ~ I.D ~ 00 m a ~ ~ ~ 00 00 00 00 00 00 00 00 00 00 m m m m m m m m m moo 0 000 0 0 0 0 rl rl rl rl rl M rl M rl rl N rl rl rl rl rl rl rl rl M rl M rl rl rl rl rl rl rl rl rl M rl rl N 0.1 0.1 N N N N N N N N N N N N N N N N ('J 0.1 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 ~ 00 00 00 m 00 00 00 00 00 00 00 00 00 ro 00 00 00 00 00 00 00 00 00 00 rl rl rl rl rl rl rl rl rl rl M rl rl rl rl rl rl rl rl rl M rl M rl rl rl rl rl rl rl M rl rl rl rl rl rl rl rl r' rl rl rl rl ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \D ~ w ~ w ~. \D ~ ~ ~ \D W I.D ~ ~ I.D I.D W ~ \D ~ ~ \D ~. 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P, 0 '""' '""' 0 ~ >. oJ ~ '" tJ1 ~ H 0 00 ~ ~ 0 '-' .., ~ '-' 0 oJ P.. ~ II! II! ~ P.. 0 E' II! '""' '-' '""' H 0 ~ II! >. ~ oJ ,., '" ~ ~ '" 0 ~ ~ '-' ~ 0 P, II! ~ E II! ~ '-' 0 H 0 '" II! --- ~ 00 ,., ,.., ~ --- ,.., '" 0 ~ '" .' ") -:<_:_j v-4 ;) .~ l 11 c, iO · MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: December 22, 2005 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District 1. Port of the Islands Community Improvement District has submitted the following item: \ J a. Minutes of Meeting held August 26, 2005. Fiala Halas --J.:::--7"---- Henning__~.l!"::,_.-L'_.___ Coyle__. ______ Coletta . _______ Thank you :\special\special Misc CG;res Date, r2 /14/ D(? , Item# J0:IaB(J) Copies to: Port of the Islands Community Improvement District "; (.,.", \ 1 'e ~..J ..'!;;,.." ll) :; ., ~.... l in:">,,", ";"UJ 210 N. University Dr., Suite 802 - Coral Springs - Florida 33071 (954) 753-0380 - (954) 753-6183 fax December 16, 2005 Memorandum To: Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meeting held August 26, 2005; Continued August 30, 2005 and Approved October 28, 2005 From: Edward Goscicki Manager Enclosed for your records is a copy of the minutes of the above-referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please make this document available to the public during normal business hours. If you have any questions, please call Janice Swade at (954) 753-0380. Cc: For information purposes only: Clerk of the Circuit Court c/o Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 /jms 1b\1 . MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT ,l The regular meeting of the Board of Supervisors of Port of the Islands Community Improvement District was held on Friday, August 26, 2005 at 10:00 a.m. at the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum: Richard Gatti Dale Lambert Ted Bissell Norine Dillon Richard Ziko Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary DUE TO HURRICANE KATRINA STAFF IS NOT PRESENT FIRST ORDER OF BUSINESS Roll Call Mr. Gatti called meeting to order and Mr. Ziko called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the July 22, 2005 Meeting Mr. Gatti asked how does the Board feel about this? Do you want to go through the whole agenda or just pick out some important things to talk about? Mr. Lambert responded pick out important things. This item was tabled. THIRD ORDER OF BUSINESS Public Hearing to Consider Adoption of tbe Budget for Fiscal Year 2006 and Levy of Non Ad Valorem Assessments Mr. Gatti stated with the Board's permission I would like to talk about the budget. We have to pass a budget by September 15th and it occurred to me we can pass a budget today unless there are any items in the budget we want to change or we can put it on hold. Let's pass the budget today. Ms. Dillon stated at the last meeting we changed a lot of things we had questions about that were incorrect like workman's compensation. One item I had a question about is the raise for Severn Trent. '~'1-; . August 26, 2005 Port of the IslandsQID Mr. Gatti stated I believe Mr. Ziko has that marked and we have a personnel question. Let's pass the budget with those numbers amended as we see fit. It is a Board meeting; it is the only thing we are concerned about getting approved by September 15th and we will amend or take out what we see as appropriate in the budget and pass it in that form. Mr. Lambert stated I do not have a problem using the budget as a guide for what we are going to take in or spend, but we have some other things we need to address fairly quickly. Mr. Ziko stated I would rather have someone from the mangement company here recording what we are doing with the budget rather than depending on my recorder. We are paying a lot of money for this management company and I would rather have them present. Mr. Gatti stated I am just trying to get around the issue of passing the budget. Let me make one other point, and I think maybe you and I disagree on it, but the budget is simply a guide. When we pass this budget it does not mean we approve every item here as it is shown, it is simply a guide. Ms. Dillon stated as I recall at a meeting a stimpu1ation coming from Mr. Goscicki is if it is in the budget it is approved and they can spend it. Mr. Ziko stated we need a clarification from him on that point and he is not here. Mr. Gatti stated if it is in the budget, it means we have made the appropriation and the money is available. 1 do not want to argue the point if you folks feel you want to go that way. I was just trying to circumvent the problem of passing the budget by the 15th. I know for sure we can do it today with whatever contingency or whatever qualifictions we want to put in and we will be in good shape. Mr. Bissell stated we know there will not be any raises or expenditures above $500 that the Board does not approve. Ms. Dillon stated that is in the purchasing policy. Mr. Bissell stated we said there would be no vehicles and we said there would be no raises. Ms. Dillon stated we said the Board has to approved any personnel related increases. Mr. Gatti asked what is the Board's pleasure? Mr. Ziko responded I would just as soon have a full contingent of people here. I would like to see Mr. Benson, the lawyer and the management company when we pass this. Mr. Bissell stated I think we can pass it today. 2 1 b 11 .' August 26, 2005 Port of the Islands OlD Mr. Lambert stated I think we can pass it today as long as we get those people back here quickly. Mr. Gatti stated I am reluctant to (Unable to hear remainder of statement). Ms. Dillon stated I sent an email to Mr. Goscicki and said I did not know why we could not have it next week on Tuesday or Wednesday. Mr. Gatti stated his staff gave me the dates of the 6t\ 12th and one other date. Mr. Ziko asked why can't we pressure him into next week? He is working for us. Mr. Gatti asked what day do you suggest? Mr. Ziko responded Tuesday or Wednesday? Ms. Dillon stated I will not be here the 6th and neither will Mr. Lambert. Mr. Gatti stated that is no good, Tuesday or Wednesday then. We will continue it at the end of the meeting and tell Goscicki he has to be here. Mr. Lambert stated or one of his representatives. Ms. Dillon stated that is also true of Mr. Cox and Mr. Benson. Mr. Gatti stated I will make it a point to call them today and tell them. FOURTH ORDER OF BUSINESS Consideration of Resolutions A. Resolution 2005-09 Rescinding Resolution 2005-3 and Designating Edward Goscicki as Secretary and Jean M. Rugg as Assistant Secretary B. Resolution 2005-10 Designating Edward Goscicki as Treasurer Mr. Gatti stated item four is administrative items designating a Secretary, Assistant Secretary and Treasurer. What does the Board want to do? Ms. Dillon asked do we know why? Did somebody quit? Mr. Gatti responded apparently there have been some changes. Mr. Goscicki was contacted on the phone and Tuesday was set for the meeting continutation. Mr. Goscicki was also instructed to contact Mr. Cox, Mr. Benson and Mr. Stephens to attend the meeting. This item was tabled to the continuation meeting. FIFTH ORDER OF BUSINESS Discussion Items Ms. Dillon stated I do not believe there are any of the other items we want to discuss without staff here except for the fire station. Mr. Gatti asked is the Board okay with that? 3 . August 26, 2005 ~, o!~ ! 1 ..h. ~.J.Io ~ Port of the Islands em Ms. Dillon stated we have a letter sent to Mr. Tom Mack, our coordinator, and I have a copy for everyone. Mr. Mack discussed offers made and referenced Orchid Cove probably being no longer an option. Mr. Gatti asked where specifically are you talking about? Ms. Marchand responded the east side of the road just south of the plant. There is a two to three acre parcel and they could provide 1 Y, acres. Mr. Lambert stated I have a copy of a picture he overlayed the plan on and I was trying to scale it out. I could not get an exact scale from some of the dimensions. Mr. Mack stated Mr. Benson will have all of that. Mr. Lambert stated I am concerned about getting hemmed in with the plant if we need anymore expansIOn. Mr. Mack stated it is a total of 4 acres, I believe. Mr. Gatti asked would you dedicate the land to the Board? Ms. Marchand responded that is one of the many questions on the table. Mr. Gatti asked what are the options? You could dedicate it to the Board, you could give us a quit claim deed, what other options? Ms. Marchand responded was inaudible. (501.3 and Fire Department contributing.) Mr. Gatti stated Mr. Pullen dedicated the land where the public works building is to the City and it turned out to be a donation and is deductible. Mr. Mack stated I discussed this with Mr. Cox and it can be dedicated to the Fire Department or us. You are eliminating a step by dedicating it to the Fire Department. Mr. Lambert asked do you think the Fire Department will accept the idea of the property being dedicated to us with a 99 year agreement? Mr. Mack asked why not dedicate it to the Fire Department? Mr. Lambert responded because we might want to have control of the property. Ms. Marchand asked can the CID own a building? Mr. Lambert responded we would not own the building; we would own the property and have an agreement. Mr. Gatti stated your point is well taken. Mr. Ziko stated we own the land now that the sewage treatment plant is on and in case we wanted to make an addition to we would have the land available. 4 16'1 · August 26, 2005 Port of the Islands em Mr. Gatti stated if the Fire Department wanted to make it a training facility it will include C a tower and a lot of activity; I am not sure we want that. Ms. Dillon stated we cannot make a decision today. In the interest of time because the Fire Department has their budget going in and we want to make sure we can get our fire station in the budget, I believe the next step is to have Mr. Cox and Mr. Benson do their piece so that we can judge that along with the hotel offer and everything else. Mr. Gatti stated if it is agreed to by the Board let's give them that direction. Ms. Marchand stated the reason I mentioned a couple of things in my letter was in the meeting Mr. Benson identified things that would have to be done like waterlines. Mr. Gatti stated infrastructure. Ms. Marchand stated as long as everybody understands there are things that will have to take place. Mr. Gatti stated we will make your letter part of the record. Will you describe what your concerns are? Mr. Lambert asked does the Board agree that we will be responsible for those manipulations at our expense? Ms. Marchand responded I think you should be negotiating with the Fire Department. I do not believe anybody should be paying at this point. Mr. Lambert asked is where the water needs to be relocated where we are putting in the new line? Mr. Gatti responded yes. Putting in a couple ofT's, in fact we should do that. Mr. Lambert stated it can be done as an add on. Mr. Gatti stated to put on a T and valve there is nothing to it. If that is the Board's pleasure let's give staff direction to to at least investigate it and follow up on Mr. Lambert's point to determine the cost of inffrastructure. Then we can talk to the Fire Department to see what their position is. Ms. Dillon stated also get Mr. Cox to look into whether it is better deeded to us or the county. Mr. Bissell asked do we know how close your property is to the fence? Ms. Marchand responded the fence is the property line. Mr. Lambert asked would you object to donating the whole area between the dormitory and the plant? Then we could slide the fire station to the south and leave an area to expand the 5 16'1 August 26, 2005 plant. At sometime when we do a new waterplant it is my understanding we may have to drill new wells, preferably closer to the plant than they now are. I asked the question because it is a little area by itself. Mr. Gatti stated what you are saying is it is not on the table at this time, that is fine. Ms. Marchand stated the way we discussed it was we would pick the appropriate lot to accommodate the fire station and future expansion. Mr. Gatti stated in your mind any of the 1 y, acres is available to us. Ms. Marchand stated what was asked for and on the table was an area to accommodate the fire station. Mr. Gatti asked do we want to give staff direction to at least investigate this? On MOTION by Mr. Lambert seconded by Mr. Bissell with all in favor staff was directed to investigate the property use for the Fire Station and report back to the Board as soon as possible. Mr. Bissell asked will there be a survey? Ms. Marchand responded a survey, an appraisal and legal description. Mr. Gatti stated we need to establish a value for everybody's purposes. Before we make all these expenditures let's see how it shakes out. Mr. Lambert stated on the letter is has 1 Yz acres penciled in. Is that official? Ms. Marchand responded I was sure it was 1 acre and Mr. Mack said it was 1 Yz acres. Mr. Gatti asked are you in contact with the Fire Department? Mr. Mack responded yes. Mr. Gatti stated why don't you bounce this off of whoever to make sure we are on the same page. Mr. Mack stated Paul was at the meeting with us and we all know what is going on. Mr. Lambert asked is it acceptable to them to get it into the budget process? Mr. Mack responded they needed the letter. He was supposed to look at it and let me know if he needed anything additional. Mr. Gatti stated I will be surprised if they do not want the commitment from us. The Board thanked Ms. Marchand. 6 SIXTH ORDER OF BUSINESS This item was tabled. Staff Reports Port of the Islands em 10\1 . . August 26, 2005 SEVENTH ORDER OF BUSINESS Supervisor's Request and Audience Comments This portion of the recording was inaudible. EIGHTH ORDER OF BUSINESS Approval of Check Register Mr. Bissell asked is there any possibility Severn Trent could email the check register Monday afternoon? Mr. Lambert responed I emailed her this morning asking for a description of the titles and a copy. Mr. Bissell stated I did not receive my book nor what you are talking about. Mr. Ziko stated it does not give a breakdown for what it is. Ms. Dillon stated I did not get it either. Mr. Lambert stated it came yesterday. If you are filtering your email heavily it will send it to junkmail. Ms. Dillon stated this month's book is no different, it does not have any details. It is a bigger issue than one month. The check register was tabled. Mr. Lambert asked does Mr. Cox need to review the Parkson contract for the filter? Mr. Gatti responded I would think so for our own protection. I will talk to Mr. Benson and Mr. Cox today. NINTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Mr. Lambert seconded by Mr. Bissell with all in favor the meeting was recessed to August 30, 2005 at 10:00 a.m. at the Egret Room, 25000 Tamiami Trail, Naples, Florida. Assistant Secretary (~t&~~ V l'c..~hairman ~~~ 7 ~ loll . MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT f'r 'v,J A recessed meeting of the Board of Supervisors of the Port of the Islands Community Improvement District held on Friday, August 26, 2005 was reconvened on Tuesday, August 30, 2005 at 1 0:00 a.m. at the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Richard Gatti Dale Lambert Ted Bissell Dick Ziko Chairman Vice Chairman Assistant Secretary Assistant Secretary Also present were: Ed Goscicki Dan Cox Ron Benson Tim Stephens Bob Dick Christopher Shucart Numerous Residents Manager Attorney Engineer Field Manager Severn Trent Services POI Hotel and Marina FIRST ORDER OF BUSINESS Roll Call Mr. Gatti called the meeting to order and Mr. Goscicki called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the July 22, 2005 Meeting Mr. Gatti stated each Board member received a copy of the minutes of the July 22, 2005 meeting and requested any additions, corrections or deletions. Mr. Ziko stated at the July meeting we did not have a check register and if you look at page 34 it says approval of the check registers. Who is taking your minutes for you? We specifically did not approve the check register because there was not one and you put me in as putting a motion down. That is terrible. It definitely has to be corrected. On MOTION by Mr. Ziko seconded by Mr. Bissell with all in favor the minutes of the July 22, 2005 meeting were approved as amended. 1611 . August 30, 2005 . POI Community Improvement District THIRD ORDER OF BUSINESS Public Hearing to Consider the Adoption of the Budget for the Fiscal Year 2006 and Levy of Non Ad Valorem Assessments Mr. Gatti stated we went through the budget and looked at it; is everybody satisfied that their issues have been addressed or are there any other issues? Mr. Ziko stated I have an issue; on the budget we have a 5% increase in the management fees that I would like to address, seeing that our management really was not with us for most of the year, and suggcst that we withhold any raise for the management until their performance comes up to par. Mr. Gatti asked is what you are suggesting is to deduct 5% and take it out of the budget? Mr. Ziko responded we leave it in the budget for 2005 instead of 2006. Mr. Gatti stated I want to be absolutely clear on this; I have no problem with what you are requesting. When we approve the budget it does not necessarily approve the expenditure of any item in the budget. The budget is simply a guide for future actions. Mr. Cox stated our fees, whether they be for Mr. Benson, for myself, or the management company are set by the contractual agreement we have. The budget is just that; for the fees to actually change we would have to come back and request an amendment to our actual operating contracts. Mr. Ziko stated your contract and Mr. Benson's contract are pretty much up-to-date. The contract that we are working on with Severn Trent is handed over by Mr. Gary Moyer and is about 12 years old and wc cannot even read what he is supposed to be getting. Therefore, when we see a budget increase here, we feel that they are taking that and it appears as they have been in the past and I do not feel that this last year's production from Severn Trent is worth a raise. Mr. Goscicki stated you are absolutely right, Mr. Ziko; the way the contract was structured initially was that our fee was amended through the budget process in which you see, passed along each year, a cost-of-living adjustment based on a fee structure. We agree with you; we think it is a poor way to do contract changes. Contract changes, whether they are a fee change or scope change, should be handled by a formal action of the Board so both you and we can document what that change is and why that change was made. We have actually formulated a new standard agreement, as we move forward with work with new districts, and will be cleaning these up with existing districts as we go through the process on a routine basis. Mr. Ziko stated the cost of living index only rose 2.1 % last year and you are going 5% on your contract. Page 2 of 64 August 30, 2005 1611 POI Community Improvement District . Mr. Gatti asked are we requesting that be removed? Mr. Ziko responded have it remain the same as Fiscal Year 2005. Mr. Lambert asked I have one question on the bottom line of the budget; when we put together all the numbers for the budget, the bottom line pretty much dictates what the assessment is going to be, is that correct? Mr. Goscicki responded yes. Mr. Lambert asked the amount that we assess is pretty much driven by the bottom line? Mr. Goscicki responded you back into it to see what the assessments will be as long as it doesn't exceed the previous year's amount. Yes, the budget will drive this current year's assessment. If it is going to exceed that amount then we need to take up another action to increase that assessment. Mr. Lambert asked if we change numbers that are in this budget, is that going to affect what we're actually going to bill? Mr. Goscicki responded yes. We take the actual budget that is approved by the Board, so when the Board takes action today on this budget, if we make any modifications to the budget we rerun those numbers, that gets plugged into the budget, and is the number we turn over to the tax assessor. Mr. Lambert asked do we know the number that is going to go to the tax assessor? I believe we have to fill that in later on one of these resolutions. Mr. Goscicki responded we will actually fill it in when we recalculate the numbers. The budget is worked up around keeping the assessment the same. Mr. Lambert asked is it worth making these changes to the budget, if it is a smaIl amount of money, as long as the budget is just a guideline on what can be spent? Mr. Gatti stated in order to address Mr. Ziko's concerns, we have not necessarily taken out of our budget, we have taken out of a specific item and it can go down to reserve, but it comes out of that specific item, which would address your concerns. Mr. Ziko stated that is fine with me if you want to leave it in that way. If we do leave it in though, we need a much better accounting of what Severn Trent gets paid. They co-mingle their bills; we do not know if it is a management fee, telephone fee, a computer fee or what have you. I would like to have had it been spelled out when you cut a check that it is for your management fee. This check register is almost impossible to read, but we will deal with that later. Page 3 of 64 August 30, 2005 , . POI Community Improvement District 1611 Mr. Gatti stated let me suggest that we go back to the 2005 budget for professional servIces. Mr. Bissell stated throughout the year we will be going over budget on some items and under budget on others and money will be moved. Mr. Goscicki stated we are talking about $4,700 to $5,000 approximately; we will make that correction and keep the assessment level then and let that item fall to the bottom line. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor Resolution 2005-7 adopting the Final General, Debt Service and Water & Sewer budget of the Port of the Islands Community Improvement District for Fiscal Year 2006 was adopted. Mr. Ziko stated we have resolution 2005-8 in conjunction with the budget; in the fourth paragraph, it says IT and special assessment bonds attached as exhibit B, but we do not have an exhibit B. Can you tell me what that is? Mr. Cox responded this is what we have been doing in the past years because of some chronic delinquencies and lack of solid tax certificates on some properties. We have taken those off role for debt service purposes and there were six properties originally; over the last couple of years, we have resolved the issues with three of those properties that were in foreclosure; with the other properties it was to the part that is under development over here right now with the multi-family units across the Cays, so that property, after this year, will be largely split into individual folio numbers, so we will not have them on there any more. The only two properties that will be left after this year, and we really only have three this year and it will be two left after this year, are the South Hotel and the North Hotel. This paragraph should be amended and identified as three properties instead of six properties and next year we will be bringing that down to two. On MOTION by Mr. Ziko seconded by Mr. Bissell with all in favor Resolution 2005-8 levying a non ad valorem assessment for water management and roadway cost within the Port of the Islands Community Improvement District for the period October 1, 2005 through September 30, 2006 was adopted as amended in paragraph four to'three nronerties. Page 4 of 64 l~ll . August 30, 2005 , POI Community Improvement District FOURTH ORDER OF BUSINESS Consideration of Resolutions A. Resolution 2005-9 Rescinding Resolution 2005-3 and Designating Edward Goscicki as Secretary and Jean M. Rugg as Assistant Secretary Mr. Bissell asked has there been a lot of change in personnel? Mr. Goscicki responded on this side, no. Ms. Jean Rugg is head of our document management group and has been with us for some 15 years. It just helps to have Ms. Rugg also designated as an Assistant Secretary, so if there is documentation that needs to be signed off she can do that also. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor Resolution 2005-9 rescinding Resolution 2005-3 and designating Edward Goscicki as Secretary and Jean M. Rugg as Assistant Secretary of the Port of the Islands Community Improvement District was adopted. B. Resolution 2005-10 Designating Edward Goscicki as Treasurer Mr. Goscicki stated and I would like to amend this because we did just hire a Fiscal Manager, Ms. Janice Moen Larned. Ms. Lamed comes with some 25 years plus governmental finance management experience, banking experience, private-sector accounting experience and, most significantly, she was the CFO for the city of Kansas City, Missouri for 10 years and came up through that system. We are really proud and pleased to have her on board and she starts with us today. What I would like to do is this; to not only appoint me as the Assistant Treasurer but to also appoint Ms. Lamed as the Treasurer for the District and remove Ms. Karen Ellis, who is still with us but moving out of state. Once she moves out state, by statute, she can no longer be treasurer. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor Resolution 2005-10 removing James P. Ward as Assistant Treasurer and designating Edward Goscicki as Assistant Treasurer and removing Karen Ellis as Treasurer and designating Janice Moen Lamed as Treasurer was adopted as amended. FIFTH ORDER OF BUSINESS Discussion Items A. Mosquito Control Options Mr. Goscicki stated mosquito control is an open option and we are still exploring two things. One is exploring petitioning the Mosquito Control Board in a formal way about getting them to pick up the service and two, we want to look, as your manager, at the private-sector Page 5 of 64 August 30, 2005 , POI Community Improv!e~ DLrl . options to see if we can find some other alternatives and free up your treatment plant operator to be a treatment plant operator. Mr. Lambert asked have we looked at other contractors to do this? Mr. Goscicki responded not yet; we are in the process of doing that. B. Open Items Mr. Lambert stated the first item on the open items list has to do with the equipment inventory. We did not receive an inventory from Severn Trent. Not only that, I believe that was due in June. My question is does the Board want to take this document and have Mr. Stephens pick up some other items that are not included on it? I do not believe the vehicles are included on it and also give him some level to go down to as far as dollars and cents value so that we know what major items are not on the Severn Trent list. Mr. Gatti responded let's pick a dollar amount even if it's not exact; less than $100, less than $500; what do you guys think? Mr. Goscicki responded what I heard from the Board during the last discussion is that we need to pick up the rolling stock and I think that is something that we can do along with Mr. Bob Dick and Mr. Stephens, which is to work on that and get it into the same document. Computer equipment was raised as an issue just because it is highly portable valuable equipment. Otherwise, I would suggest our internal processing is anything less than $1,000 we do not consider a fixed asset and do not depreciate it financially and would not carry it as an inventoried fixed asset. What that inventory tended to do was identify all of the fixed assets, as the ones you would depreciate and more importantly maybe ones you would have to renew and replace. Mr. Lambert stated 1 do not recall, but the generators we're getting to run the lift pumps. Mr. Goscicki stated those would be included when they are purchased. Mr. Gatti asked aren't we obligated to have a list of our assets? Don't we have to report that somehow on an annual basis? Mr. Goscicki responded that is the GASB 34 requirements, which requires an accounting and a depreciation of your assets but not necessarily broken down to the level of detail that we have done here. Mr. Gatti asked does $1,000 seem like a reasonable number? Mr. Lambert responded I would say more like $500. Mr. Ziko stated $500. Mr. Gatti asked does that give you enough direction? Mr. Goscicki responded absolutely. Page 6 of 64 August 30, 2005 , 1611 POI Community Improvement District . Mr. Lambert stated we are going to turn this over to Mr. Stephens for down to $500. The next item is reuse water for irrigation and on this one I think we were down to where we had a punch list. Mr. Benson stated all of the equipment has been ordered and we are waiting for the delivcry. We have a purchase order with Gulf States, which are electricians, to do the installation and we are trying to get it done by the end of September. Mr. Lambert stated the next item on the list is the fire station, and I think we are going to have more discussion a little bit later on that. I don't foresee entrance monuments and Severn Trent is holding that item. We did see some drawings of something to use. I have two files I received and I could not tell the difference between one and the other and I do not know if there was a difference. Mr. Goscicki stated the only minor difference was putting in a sun behind the Egret. One had a solid background, one was light, and one was two colors where it kind of created a horizon line. Mr. Ziko stated I liked the light-colored background myself. Mr. Bissell stated I did, too. Mr. Goscicki stated with a single solid colored background. Mr. Gatti asked does this put that matter to bed? Have we selected something and can we proceed on that basis? Mr. Goscicki responded the multicolored background will only work on signs that we have fabricated. For the monuments, I recommend the Board use the solid colored background that is on the monument itself and not try to duplicate a dual color background. Mr. Lambert asked once we approve this, will we have somebody lined up to come into this on Cays Drive? Mr. Goscicki responded yes, we have a sign company we have been working with who is prepared to do the permitting and get the signage done. Mr. Lambert asked could we do something with the lighting there at the same time so that the mowing people do not keep hitting the lights and breaking them? Mr. Goscicki responded we will check with the sign company and see if they do that kind of work. Otherwise, we will have to find another electrician. Mr. Lambert stated there are two signs east of that entrance to Cay's Drive that are pretty dilapidated and I thought at one time we were going to have those taken down. Page 7 of 64 Augu~t 30, 2005 1611 POI Community Improvement District . Mr. Goscicki stated there are a number of neighborhood sign as you go through the community that are in various states of disrepair. I would suggest we get this done and then we will do an inventory of those and get some photos of each one and we can then come back to the Board to find out if we just want to refurbish those, or do you want them to be replaced and then we will get some pricing to replace them and to refurbish them also. Mr. Bissell stated I thought we already decided they were going to be gone. Mr. Cox stated those Mr. Lambert is talking about I believe you did say you wanted to tear down because they are just so far gone. Mr. ( ) asked is that on District property? I thought they were owned by the man who owns the piece of property there. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor Port of the Island sign #3 was approved. Mr. Lambert stated the next item is the portable generator for the lift stations; have they arrived yet? Mr. ( ) responded no. Mr. Lambert asked how about the other one for the wells; do we have any idea what the delivery date is on those? Mr. Goscicki responded we will follow up. Mr. Ziko stated after Hurricane Charley last year we made this a priority that we would have these up and running before this hurricane season. We just got devastated out the gulf and this was put on December 17, 2004; that is eight months ago. It takes eight months to get a portable generator? Mr. Cox responded yes. I have several local governments all over the state and everybody did the same thing. They have just glutted the market with orders, and I am not surprised that it has taken eight months. Mr. Gatti stated just to put this to bed, it has been ordered and everything is in place that we have to do to do it; we are just waiting for delivery. Is that correct? Mr. Goscicki responded that is correct. The portable generator was ordered months ago. Mr. Bissell asked don't you request a shipping date? Mr. Goscicki responded this is a sellers market. Page 8 of 64 Aug~st 30, 2005 lb~i POI Community Improvement District c Mr. Gatti stated listen to what I am saying; everything that we can possibly do to get these generators is being done. Mr. Lambert stated the next item has to do with a letter we received from the DEP and that is just a matter of getting this generator for the wells installed and then it is a dead issue. Mr. Benson stated I am probably going to be having a meeting with the DEP sometime in September to talk about a couple of our ongoing projects and how they may potentially impact our permit. It also relates to the items that were in the letter and our response. I will update them and I will have you an update after that meeting. Mr. Gatti asked what do you have on the restoration? Mr. Ziko responded I talked to Mr. George Molden, with the Army Corps of Engineers, who is working on this entire project from Miami all the way over to here. It is very, very interesting. Last week they finalized for the picayune strand and he is going to send me out a full package so we can go for it. US 41, just for general information, where they are starting over at Miami, they are going to put in two bridges; one is a mile-long, and it is going to elevate US 41 on other side of where the Miccosukee Tribe has their reservation. They are going to raise US 41 by 2 feet in order to change this dam situation they have. They do not feel they have enough head pressure on top of the water to push it through the culverts, so they are actually going to raise the water level and put these big bridges in so the water can go underneath it in their wing to gradually come back over here. He said there are six or seven projects between Miami and Route 92 and every one of them has a different priority of what they are doing. As soon as we get the information of what is going on in our area 1 will bring it over to you. Mr. Gatti stated I suspect we are going to be old men before anything happens here. Mr. Lambert asked what is the status of research capacity facilities? Mr. Benson responded 1 gave you a copy of my draft report to read, which we can discuss when you are ready. Mr. Lambert stated tanks were inspected and the report was completed. Mr. Benson stated we received copies of the tapes and written documentation from the company, which we reviewed. We are writing a summary report which we will send out and ensure everything is taken care of with DEP however, we are adding some recommendations to our annual report, and as a result, we have the information on the inside of the tanks which is just minor work to be done and will require a shutdown of the system. I will bring that back with more detail later. Page 9 of 64 Augu,st 30, 2005 1611 POI Community Improvement District . Mr. Lambert asked what is the timeframe for this? Mr. Benson responded it is not anything immediate, but is something which needs to be done at some point in the future. I would rather bring the report back when complete. Mr. Lambert stated we ordered signs to go on a curb on Cays Drive. Have they been received? Mr. Stephens responded they were installed. Mr. Lambert stated with regards to the discrepancy between gallons of water pumped and billed, Mr. Stephens and Mr. Benson were going to look into this. Mr. Stephens stated we had a brief discussion, but should get together to discuss. Mr. Lambert asked is this in process, and will we have a better idea of where we want to go at the next meeting? Mr. Benson stated one of the items we discussed, but have not finalized, is a recommendation to install a separate irrigation line to the rest of the neighborhood, which involves disconnection of the water meters. Those water meters are approximately 10 years old. One option is to provide the contractor with new meters to install while they are being disconnected and reconnected, and solicit cost per additional meter under the contract. Mr. Gatti asked is the cost $50 per meter? Mr. Benson responded it is approximately $50 to purchase the meter. Mr. Stephens stated those are probably the oldest meters in the project. Mr. Benson stated they were replaced once. Mr. Gatti stated we cannot possibly need more than 100 meters. Mr. Benson stated I believe we need 60 meters, and there will be some change to the contractor performing the installation; it should not be too much, since he is disconnecting and reconnecting them. Mr. Gatti stated 60 meters at $50 per meter will cost $3,000. Mr. Benson stated that is the cost to purchase them; although it does not solve the system-wide problem, it may be a good option for movement in the direction of gradually replacing the meters. Mr. Ziko asked can we schedule replacement of the older meters in the community? Mr. Benson responded we previously discussed coming up with a schedule and determining the ages of the meters, which has not been done yet. Those meters may still be perfectly good, but going on a rotation provides an opportunity to do this. Page]00f64 August 30, 2005 , 1611 POI Community Improvement District . Mr. stated those old meters just jumped out. Mr. Gatti stated you have direction on what needs to be done. Mr. Benson stated I will speak to the contractor and tell him what needs to be done. Mr. Gatti asked do we keep any meters in stock? Mr. responded I received 36 yesterday. Mr. Ziko asked can readings be taken once per month to see if we are 25% off? When the meters were changed out, nothing was dug down there, so we are not going to notice a change, but we got this one-time shot where we were 25% off. Is any follow-up being done? Mr. Benson responded that one was not a one-time shot. That was the average over more than one year. Every three months we can update the records, track it and report to the Board. Mr. Stephens stated Mr. Benson and I discussed putting together a report which will combine billing information from our system as well as information from this water system, and create an ongoing report which will track this on a moving average basis. Mr. Ziko asked can we get a quarterly report? Mr. Benson responded yes. Mr. Gatti asked how old is our system in the ground? Mr. Benson responded most of the systems are 15 years old. Mr. Gatti asked is it possible there is a water leak which can never be detected in the sand? Mr. Lambert responded that is what I was thinking. It may be a good idea to get the video cameras out. Mr. Benson stated the manager's office can probably get a proposal from a company who performs these services. You can hire someone who can run down through your line, and they listen for leaks. Mr. Gatti stated you do not run a camera through a waterline. Mr. Lambert stated we should let them put this report together and then we can make a decision as to how far we want to go with it. Mr. Stephens stated the first step is to collect and study the data and then determine if there is a particular area which appears suspect. Mr. Benson stated we are replacing the waterline from the water plant down to Orchid Cove this year; Orchid Cove is going to replace the waterline from the north part of their Page 11 of64 Augu,st 30, 2005 16 ~ 1 POI Community Improvement District Q property to Route 41, therefore, we are getting one long stretch of line which will replace one of the oldest lines in existence. Mr. Ziko asked are we still building the fire station? Mr. Benson responded that is correct. Mr. Ziko asked are we going to delay until we receive word on whether the fire station is going there? Mr. Benson responded the ladder line is on the other side of the road from the fire station, therefore, I do not believe this is an issue. Mr. Lambert asked what is the status of the situation with the uniform company? Mr. Goscicki responded I told the uniform company the Board's direction is for the employees to be out here in uniform. We will work with Mr. Stephens to get the company contract reinstated, which they are satisfied with as a resolution. We spoke to them about our main concern for the quality of the uniform, and will ensure they have cotton as opposed to polyester, so operators are not sweating. They assured they have a variety of styles and quality, and will work with us. Mr. Benson stated with regards to the grant from Southwest Water Management, I prepared the application and will be submitting it within the next couple of days, enabling us to meet the deadline however, I cannot guarantee results. Mr. Ziko asked can this be applied towards a new filter? Mr. Benson responded no. We are applying it to the project at the pump station which pulls water out of the canal in which we must install a filtration and disinfection system. Mr. Lambert stated with regards to the need to install missing reflectors for fire hydrant locations, several are missing on this side of the street, and Ms. Dillon was told by the fire department this is our responsibility. Ms. Dillon stated the fire department handled this the last time. Mr. Ziko stated we spoke to the fire chief, and he said since this is our property, it is our responsibility. Mr. Goscicki stated this is typically a cooperative effort with the fire department, and is absolutely not their responsibility. They are the CDD's assets. We are going to try to work out something with the fire department where they can assist with the testing and painting of the hydrants. Page 12 of64 Augu~t 30, 2005 1611 POI Community Improvement District . Mr. Lambert stated along with that item is to paint the hydrants, and I understand you are working out a compromise with the fire district. Mr. Goscicki stated we want to try to work out a cooperative plan with them. Mr. Stephens stated we need to have them painted so it is clear they are reused water. Mr. Gatti asked what color are they? Mr. Goscicki responded purple. Mr. Stephens stated it is one of our agreements with DEP. Mr. Gatti asked are all of them purple? Mr. Stephens responded no, however, they will be. Mr. Gatti asked do the different sizes need to be indicated? Mr. Stephens responded our agreement with DEP stated, SInce we were retrofitting existing systems, pipe should be replaced with purple pipe. As we dig up a section or line without replacing it, we should put down a purple plastic strip indicating it is being reused. Therefore, if someone returns to dig, they do not connect to it. However, we have been granted a typical variance saying since we converted a system, that can be done over time and we do not have to dig it all up. Mr. Lambert asked with regards to having "Port of the Islands Water and Sewer Department" decals on truck doors, are there any comments? Mr. Goscicki responded with the approval of the signage, we will use the same logo, and we will have these decals made up and put on the vehicles. Mr. Bissell asked do we want decals or do we want it painted on the truck door? Mr. Goscicki responded these are not magnetic, but are decals which are permanently affixed on. Mr. Lambert stated there is a catch basin at the southeast corner of the North Hotel where the road makes a sharp turn. Every few years, someone with a vehicle runs over it and breaks the concrete top. When we install a new waterline, we put an allowance in the contract enabling us to do any repairs and if we dig in the area, and work on the culvert which crosses the road at that time, we will have them replace that. Mr. Gatti asked is there a specific color needed for these hydrants? Mr. Lambert responded I believe it is Pantene Purple. Do those have to be brushed down to get the rust off before they get painted? Mr. Benson stated I suggest you ask Mr. Stephens to order the paint. Page 13 of64 Augu.st 30, 2005 16~1 POI Community Improvement District " Mr. Ziko stated perhaps you can order a good primer, which will knock down much of the rust. C. Contract Operations Proposals Mr. Gatti stated I am not sure how this should be handled. Do you want to go into Executive Session on this? Mr. stated you do not have the ability to do this. Mr. stated after our discussions with Mr. Stephens and Mr. Goscicki today, or even before, I made a proposal to the Board that we back up a couple of steps and go out and ask for proposals to ( a) run our plants like we have already done; (b) a proposal for a management company; and (c) proposal to do both for us. Mr. asked what is the Board's pleasure? Mr. Ziko responded I agree. Mr. Bissell responded I agree. Mr. Cox stated you should break this out into two proposals, since there are not many companies who are going to do both. However, companies interested in doing both should do a consolidated presentation, and segregate out plant operations. Mr. Ziko stated we want a separate proposal for our management company. Mr. Cox stated if we have companies only wanting to bid on the management portion, you have to do an analysis of the people who would do contract operations, and whether there are economies of scale by having them do both. Mr. Lambert asked will we have to ask U.S. Water and Severn Trent Services, who submitted for operation, to resubmit? Mr. Cox responded yes. This is a complex RFQ. Mr. Gatti asked can we keep the management area a separate issue? Mr. Cox stated I normally try not to interject myself when you are making decisions on operational issues however, I must ensure I have all accounting issues worked out, which I do not think is going to happen in the next two months. We had a large amount of funds flow into the District within the last month, and I have to speak to Severn Trent accounting personnel and ensure all incoming funds have been properly allocated among accounts, and we know exactly where we are at despite the volume and change in status of this District within the last month. I do not want us to make a decision on a management company that I do not pre-determine anything resulting in a 60-day transition period before the books are moved around, and then I Page 14 of64 1611 . Augu,st 30, 2005 POI Community Improvement District have someone who has no institutional history trying to help me figure out where we are with these items. Mr. Ziko stated you have been associated with this Board long enough to know nothing moves that fast today. Mr. Lambert asked if we made a decision today on a Company to manage our plants, is negotiation of the contract the next step? Mr. Cox responded there probably are terms to be negotiated in the operational contract. Mr. Gatti asked is it possible to go ahead with the operational portion, or should we hold back on it? Mr. Cox responded I am looking at the management side right now. Mr. Gatti asked are you suggesting we hold offfor a couple of months? Mr. Cox responded we put this proposal together by October for a decision at the November meeting, which traditionally takes place the Friday before Thanksgiving. Mr. Gatti asked can this item be delayed for a couple of months? Mr. Ziko responded that is acceptable as long as it is noted on the open items list, in order that the issue does not fall through the cracks. Mr. Cox stated I do not have a problem as long as we are not going to do anything with operations or management until all accounting issues are settled, at which point we will consider putting the proposal out; or I will be prepared to put it out by approximately October 1st for RFQs to be in my hand by November 5t\ so I have them to you by November 10th, giving you sufficient time to review everything before the meeting, which will probably be on November 20th Mr. Ziko stated I am sure there will be another presentation as before. Mr. Cox stated that is entirely up to you. Mr. Ziko stated U.S. Water combined their operation and did not do a separate proposal for the management company, and we are looking at three different options: Management, Operations, or both, in order to give someone not involved with the plant to bid on management. Mr. Cox stated there was a third company who requested a bid package, and I never received a response. This organization recruited me when I was in Graduate School, and I do not believe they handle operational issues, but they requested a package; they thought this was for contract operations in utility plants, and just did not respond. We can modifY the RFQ and Page 15 of64 August 30, 2005 lL, ~ ' (~ '; ..,~, 8 POI Community Improvement District solicit from those who expressed interest before. I can also go outside those three companies. There are a half dozen firms in the State of Florida who manage this type of governmental entity. Mr. Ziko asked do you see any problems with having a management company separate from sewer plant operations? Mr. Cox responded I do not see anything unmanageable. You may have some instances of disputes of whether or not something was annual maintenance or actual capital improvement with each trying to guard their budgets, which may be healthy. Mr. Lambert stated I can appreciate the fact that changing books over, with all the funds which have been flowing, will not be a wise thing to do. Let's wait until October and have Mr. Cox prepare the proposal. Mr. Gatti stated maybe we should wait until after the first of the year. Mr. Cox stated if we make a decision at the end of November, the first of the year will be a good time to commence. Mr. Gatti stated we will proceed on that basis. C. Operations Oversight Requirements Mr. Goscicki stated this is a follow-up from a discussion with Mr. Stephens and myself in terms of responsibilities. This Board is looking for more hands on follow-up with many activities. I brought Mr. Bob Dick with me today from Severn Trent Services. He is our Regional Area Operations Manager who is going to take a much more active role in the management of this District. He will be here at least once per week, he will attend all Board meetings with me to follow-up on operational issues, and he will ensure we are getting these things done. Bob will be an addition to the team here that we are bringing in. Mr. Lambert stated I would like to discuss this at the end of the meeting. Mr. Ziko stated I would like Mr. Dick to get in touch with me so I will be able to tour the plant with him when he comes every week to review which improvements have been accomplished and what issues are still stagnating. D. Adoption of Port ofthe Islands Logo and Signage Mr. Gatti stated the logo has been adopted which takes care of this issue. SIXTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Cox stated if you look back at your financial statements, particularly Page 4 of your Debt Service Fund, I think after the activity we had once a full accounting of this is done, shows a major part of the principal has been paid down on the bonds in the range of 35 to 40%. Based on what I saw in these budgets, our debt servicc reserves and all other funds which must be Page 16 of64 1611 . Augu,st 30, 2005 POI Community Improvement District capitalized on an ongoing basis in the trust funds set up by the bond indenture, are probably in the neighborhood of approximately $400,000 less than what shows as an ending fund balance in the debt service reserves. It has been a while since I have looked at the bond, but I know there is one fund that all your access monies were supposed to flow into at the end when the bonds are fully paid, and if there are any monies left in the fund, they come to the District for its use. However, I have never seen any money in that fund. If this money is there, I would like a party from you to start a negotiation with Allstate about releasing the money because they are the bond holders, and those are the monies they would have to authorize release of. There is still approximately $800,000 in legal fees related to the bankruptcy and other matters which were not recovered according to Allstate, however, according to me they were fully recovered. This money is going to be yours also. I do not know where you want to go with this, if we just want to say nothing once we figure out what the amount is and make a decision then, or if you want to wait until the end of the bond, which is approximately five years from now, when it is going to be fully paid off and any monies in there will come to you. Mr. Gatti stated let me ensure I understand this. At the beginning, we had to put aside $700,000 to reserve for the bond fund. We needed that money to operate and it ultimately disappeared over the years. We currently reduced the bond issue to the point where we should put in $400,000. Is this correct? Mr. Cox responded yes, you are close. Mr. Gatti stated we are putting $400,000 in for the reserve or bond issue, which we will get back when the bank's bond issues are paid off. Mr. Cox stated on Page 18 of the budget there is a table which shows the Statement of Account for the bond debt. As of May 2003, you had an outstanding principal balance of $4,325,000. There was a reduction in principal of approximately $1.2 million in the last l-I/2 months. If there are other principal payments there, we are probably looking at approximately $3 million outstanding on the bonds however, I have not run the numbers, but I am probably not far off. You must keep 10% of your outstanding bonds in a debt service reserve fund. You also have an account for interest coming to you within the next year, and there is an interest payment due November 2005, May 2006 and November 2006 for a total of approximately $450,000. You also have $490,000 in principal coming due at the same time. When all the funds are added up, we are going to be somewhere at $1.4 million, which is what we need to fund various accounts, and we have about $1,750,000 in there. Page 170[64 lb ......:..., '"' August 30, 2005 POl Community Improvement District Mr. Gatti asked who is going to call us on this if we do not put this money in there? Mr. Cox responded the purpose of that money was to sit there, and when we had a shortfall in revenues after the tax certificates stopped selling, the money was available to pay the interest in principal shortfalls which were occurring and when litigation commenced, the bond hold authorized the use of those funds to pay legal fces. Mr. Ziko asked how much is in there right now? Mr. Cox responded $1,725,000. Mr. Ziko asked how did it all get put into that fund? Mr. Cox responded if you look on the next to the last tab back there, there is a small table. We received $l,153,600.94 in 2005. All "e" tax certificates which were outstanding and held by the County were paid, and were the source of those funds, which went to debt service. This was related to Ms. Marchond's properties. The second payment of approximately $400,000 was as a result of the refinance of the North Hotel, and flowed through the accounts as indicated. This account is for $530,000 of the $l,700,000. The remaining $l,200,000 was money which flowed through my trust account, not reflected here into the trust funds as the full payment of the outstanding bond debt. Mr. Ziko asked where is the $1,700,000 showing on this table? Mr. Cox responded it does not show on this table. $530,000 shows on this table under the GSR. The other portion of the $l ,700,000 came from funds which flowed through my trust account. Mr. Ziko asked where is the other portion of the $l ,700,000? Mr. Cox responded it is in the Trustees' Account. Mr. Ziko asked is it an Allstate account? Mr. Cox responded no, it is a Trust Account set up by the bond indenture with Wachovia National Bank and is held primarily in trust for the bondholder. There is a series of approximately eight accounts, and you start with interest and principal coming due within the next year; debt service reserve; a fund to payoff any capital advances made by the bondholders; an Arbitrage Fund; and money which will ultimately come back to the District when the bonds are fully redeemed. Mr. Ziko asked does that have $1.3 million in it now? Mr. Cox responded no, when we shake the numbers down it will have approximately $300,000. Page 18 of64 lbll . August 30, 2005 POI Community Improvement District Mr. Ziko stated we should shake the numbers down and get something definite which we can look at. Mr. Gatti asked what do you recommend? Mr. Cox responded shaking down the numbers, as Mr. Ziko recommended. Mr. Ziko asked do you think we can have this by next month and possibly be able to make a decision? Mr. Cox responded we can be very close. I will do my best. Mr. Ziko stated we also need recommendations. Mr. Cox asked do you want me to speak to Allstate at this point, or wait until we talk? Mr. Gatti responded we should talk first and see where we are at. Mr. Cox stated I have ideas for the fire station whenever you want to discuss it. Mr. Gatti stated I would like to wait until Chief Wilson comes. Mr. Lambert stated I do not think he is going to attend. Mr. Gatti asked should we find out where we are at with all of this before we discuss? Mr. asked is there any change with Orchid Cove? Mr. Cox responded the last time I spoke to them, they thought we decided it was not a suitable location however, if we decided we wanted it, they would be willing to work with us. Mr. Gatti asked what other ideas do you have? Mr. Cox responded we have a proposal on the table from hotel personnel of approximately 1 Yz acres. Tom has been working with Sam and has come up with a proposal for a donation of a portion of the property east of Union Road and south of the wastewater treatment plant isolated north of the dormitory building. I believe there are 2.7 acres over there. Sam has indicated in a letter that she is willing to donate 1 Yz acres, provided the District pay all costs of the transaction such as surveys, legal descriptions, title work, preparation of documents, and recording and other fees based on an appraised value. We will have to get an appraisal which sets the price determined here, along with document stamps, the title insurance policy value and a Federal Income Tax Provision which allows for donations to a governmental entity at a certain price; you get an appraisal, and are allowed to take some deductions. There is a stipulation that there be no ERCs transferred off the property. I am not sure how this affects appraisal value when you have property without ERCs associated with it. This leads to the question which brings us back to the South Hotel property because they have set a firm dollar value that they are willing to sell us the property for. 1 do not know if this is a good or bad number. We must have Page 19 of64 Aug~st 30, 2005 1 t~ "1 !t)~ c POI Community Improvement DIstrict an appraisal of the property before we can agree to a price. 1 must have authorization to engage an appraiser, who can appraise both pieces of property. Mr. Ziko stated as 1 understand, that piece of property over here does not have any Mr. Cox stated that is correct. Although both properties look the same, one may have a better valuation because of access and zoning issues. The property up here is for public use and will have to be rezoned and the property down here is for commercial use. I may be able to get a site plan approved without having to rezone the property, which is beneficial. The other benefit is we have the other 1 1, acres located between our water treatment plant and where Sam has proposed to donate the 1 1, acres. If we decide to purchase the site up there, we should negotiate a purchase of the additional 1 1, acres, thereby purchasing the entire two sites, in order that we have a piece of property for expansion of utilities in the future. Both sites are attractive for various reasons, and we will have to determine a fair market value for them. Therefore, I think the first step is to get appraisers here, and we may want to authorize Mr. Benson to do legal descriptions for both properties depending on how fast we want to move. Mr. Ziko asked can we get the third property appraised at the same time? Mr. Cox responded yes, I believe the appraisal will be good for any of these properties, which are all 1 1, acre parcels. Mr. Ziko stated I am referring to the parcel located between the donated piece and the plant, creating three appraisals. Mr. Cox stated you will have one appraisal identifYing three different properties. Mr. Gatti asked do you want to hear Chief Wilson's opinion before we do anything? Mr. Cox responded unfortunately, he is not present today and we are under time constraints to get this into the budget. We must have these appraisals and legal descriptions done sooner or later, regardless of which property we choose. 1 will try to have the appraisals back for the next meeting, but doubt this will happen. There are three or four appraisers in this area who have appraised this place already. Mr. Lambert asked did Ms. Dillon give Mr. Benson and Mr. Cox direction to move forward at the last meeting on August 5th? Mr. Cox responded yes. However, I want to ensure you know what we are doing each step of the way, and also that you have an idea of what costs are involved. I believe we paid somewhere in the range of $5,000 for an appraisal which was done some time ago. Page 20 of 64 1611 · Au~st 30, 2005 POI Community Improvemcnt District Mr. Ziko asked what did we have appraised? Mr. Cox responded the entire north property. Mr. Ziko stated we are now talking about three I 'is acre plots. Mr. Cox stated this is a complex situation. The appraisers must take into consideration zoning issues, and neither of these properties have ERCs assigned to them. Therefore, the effect of the inability for these properties to connect to the water and sewer plant theoretically must be taken into consideration. This is a unique piece of property, making it difficult to establish comparables. Mr. Gatti asked is it possible this may cost in the range of $5,000 to $8,000? Mr. Ziko responded yes, but we should proceed. Mr. Gatti asked do we need a motion? Mr. Cox responded I would like to have a motion on the dollar amount. Mr. Gatti asked should we make a motion not to exceed $8,000? Mr. Ziko responded I do not think we can put a not to exceed on this. Mr. Bissell moved to approve an appraisal on three I 'is acre parcels for the purposes building a new fire station and Mr. Ziko seconded the motion. Mr. Lambert asked is Mr. Benson going to move ahead with surveying? Mr. Benson responded I already asked to have legal descriptions. Mr. Lambert asked since we have both parties in attendance, do we need permission to perform the survey? Mr. Cox responded Sam gave us permission. Have you identified an exact area where you are proposing this? Mr. ( ) responded it was noted on the proposal we sent over, which I can coordinate with Mr. Tom Murphy in your office. Mr. Benson stated Ms. Marchand asked us to prepare a legal description for the entire piece, at one point in time, years ago. It is easy to prepare a legal description for the southern I 'is acres of it. I told our survey department to prepare the legal description based on the email which resulted from the last meeting. If you want us to prepare a legal description on this other parcel, we can do that also. Ms. (Sam) asked are you officially discarding the Orchid Cove plot? Page 21 of64 August 30, 2005 16tl 0 POI Community Improvement District Mr. Cox responded we have two viable alternatives according to Mr. Benson. He spoke to Chief Wilson on both of these properties, and the Chief indicated either will be acceptable. I believe this one is preferable however, we also must look at our interest, and at this point the three-acre piecc up here can be important to us even if we build the fire station down here. You also have available funds to work with. Mr. Ziko stated the less we spend, the better off we are. Mr. Cox stated that is always the case however, we need to look to the future, and I believe we may have an opportunity to work with the County on this. If we had the three-acre piece up there, and built the fire station on half of it, there is still I Yz acres remaining to expand the water treatment facility and possibly obtain some land to work with the County on ASR Issues. Mr. Gatti stated we do not want to give the County too much. Mr. Cox stated we do want to leave our options open. Ms. Marchand asked can the particular landowners be privy to the results of the appraisal prior to it being publicly announced at the next meeting? Mr. Cox responded that is fine if I receive it before the meeting however, since the appraisal is generated on behalf of the District, it is considered a public record which I will certainly share with you. Ms. Marchand asked have we discussed issues with regards to the owners, whether it be the District or County? Mr. Cox responded we need Chief Wilson's input on this issue. It would be infinitely preferable if we owned the property and either leased it to the County or through an interlocal agreement allowed them to locate the fire station on the property, and 25 years from now when we have a new technology for fire suppression which does not require this type of facility, and they want to abandon it, the District would still own the property. Mr. Lambert asked who should pursue this with the County, Tom's group or yours? Mr. Cox responded Tom's group has done a fantastic job getting us to this point, and should be commended. We need to get into a serious negotiation phase which actually becomes detailed enough with the Fire Chief. I am disappointed he could not attend today's meeting. My concerns would ease up through discussions with him either during or after the meeting. We must address a couple of issues. If we go with either piece of property, there is the potential we are going to have to do a rezoning, have to have site plan reviews, and determine who is going to Page 22 of 64 August 30, 2005 , ' ~V:: r-.,...... POI Community Improvement District bear the cost of taking these processes through the County. There will be District expenses, and we need a firm commitment before we expend the necessary funds to build this fire station, if we indeed obtain the necessary final County approvals. Thcre are many issues involved in a detailed negotiation. I will try to start working with Tom, and I will be happy to have all of you present while we are negotiating this. Mr. Benson asked do you want me to have the Chief get in touch with you directly? Mr. Cox responded we can schedule a meeting for the three of us the next time I plan to be down here. I also have a teleconference number which we can call in and talk on however, we need to get to some detailed negotiation. 1fwe exhibit good faith and cooperation among the three of us and not muddy the waters between now and when we receive the appraisals, we can come to a firm decision, which will be greatly appreciated. Ms. Marchand stated as a point of clarification, we werc offered a I Y, acre parcel for the fire station, and you separately added an appraisal made for the entire parcel as two parts. Mr. Cox stated yes. This is probably the best way to handle this; by having one appraisal for what you are offering to donate for your personal tax purposes, and then the appraisal for the other piece for a negotiated purchase of that piece, and then likewise an appraisal of your piece for a negotiated purchase of that piece. If it is non-negotiable, then perhaps we can save some expenses if you tell us now. On VOICE vote with all III favor the prevIOus motion was approved. B. Engineer i. Discussion of Draft Report on Utility Capacity ii. Discussion of the Parkson MBR Proposed Contract Mr. Benson stated I received an emaif from Ms. Dillon with regard to a house under construction on Sunset Cay near the Cays Drive. Pilings were put into the ground. I went over there today and noticed they filled in our swale, and I looked at what County permits were in the box, and can provide this information to Mr. Cox. I suggest we send the property's owner a letter, which Mr. Cox can prepare, explaining they filled in the swale the District has an easement on, and must remove the earth from that swale and put it back to the way it was. I looked at the information in the County permit box and it indicates they are building a structure with a 25' rear setback, of which 20' is our easement. It does state there is a 20' drainage easement on the property, so I assuming County reviewers understand. Page 23 of 64 . ... August 30, 2005 POI Community ImprlmQt Jislt . Mr. Ziko stated there are two houses on that street which we assumed the same thing, and both broke code. Mr. Benson stated it is acknowledged on the permit document. Mr. Ziko asked can we obtain a copy of the plans? Mr. Benson responded I assume it is public information through the County building department. 1 suggest Mr. Cox send the letter on behalf of the CID with regard to this swale which we are responsible for, and he can add any language regarding potential problems which can, since they are blocking drainage, impact others. He can also copy the letter to the County building official so they are also aware of it. Mr. Ziko asked does the County have direct setbacks for waterfront property? Mr. Benson responded yes. The permit states 25' for the rear yard, as well as a 20' drainage easement. The permit does not have the outline of the building. I assume the two pilings right near the seawall potentially can be for a boat dock. At this point, all we know is someone filled the property all the way back to the seawall, which is under our authority. The address on the building permit is 191 Cays Drive, which I thought would have been right next to it. However, there is a permit number, so at least we have a starting point. Mr. Benson stated I emailed the Board the latest proposal from Parkson with a follow-up of discussion from last month's meeting where I passed out their verbal price, how the price would potentially fit into an overall project, and based on your indication, you wanted me to speak to Parkson further. They revised the proposal based on our terms before we would consider it with regards to payments, ensuring it was more favorable to us and giving them more responsibility. I am not sure what you want me to do as far as explaining details, or if you want to think about it further. Mr. Gatti asked how much money is involved? Mr. Benson responded their proposal is for $239,000 to provide equipment and installation of this MBR system, which will be installed to replace the function of your clarifiers and your filters. These are additional project parts to be done regardless as CIP projects, which is a new screen for the influent. There are a couple of mixers which we were going to put in also. The items they will not handle are concrete and electrical connections, and that is what I provided last month, including their price. The items we will handle are contingency and engineering. The total project was estimated to be $479,000, of which theirs is $239,000. As discussed previously, this was an item they brought to our attention as something for us to Page 24 of 64 Aug~st 30, 2005 16' .' 'j , ti 1 POI Community Improvement District '" consider. It is a newer system, and they are providing a substantial discount over the normal pnce. Mr. Lambert asked have you had a chance to look over this? Mr. Cox responded yes, and I provided comments back to Mr. Benson. Most of this is engineering technical, and my comments related to ensuring the draw schedules were proportionate to the work to be performed at those points. Mr. Gatti asked if this systcm does not work to our satisfaction, can we come back to our existing system? Mr. Benson responded yes. This system is similar to what you already have however, additional equipment was added. If this system needs to be serviced or repaired, you may use it the way it is currently running. The payment terms were 10% upon approval of their drawings, an additional 50% upon shipment of the equipment, 20% after installation and 20% following a performance test. Their original contract stipulated they receive payment sooner, which is standard of this industry-type proposal however, we modified it to where we were holding more money longer. Mr. Gatti asked if we go along with this system, will our capacity to the plant increase? Mr. Benson responded although we have not proposed it this way, we can potentially make this choice in the future however, in order to postpone spending money to allow us to get into the reuse program, we had to provide a reject storage tank, as outlined in my annual report. Instead of building the reject storage tank when we did not have the money, we obtained a permit where we can use half of the treatment plant. We would eventually have to build a reject tank or, if we do this, we potentially could postpone further because we have half the plant which we would never need to use other than as a backup. Mr. Gatti asked what is the Board's pleasure? Mr. Ziko responded we should proceed, since it is new technology. Mr. Gatti stated since this is a $500,000 expenditure, how much of this work would have to be done regardless? Mr. Benson responded we were going to do projects which added up to more than the amount of this project, if we do not do this. Mr. Ziko asked would it still be with the old technology? Mr. Benson responded that is correct. Mr. Gatti asked what is the Board's pleasure? Page 25 of 64 1611 ~ August 30, 2005 POI Community Improvement District Mr. Ziko responded we should proceed. Mr. Gatti asked what is your opinion Mr. Lambert? Mr. Lambert responded I think we should get this contract signed. Mr. Goscicki stated this is a $1.5 million project as we just went through on the budget. There is the potential of some $300,000 to $400,000 in additional surplus funds which can be utilized for this if you can go through the proper channels to make it available. Otherwise, there is not an additional $1.5 million in cash reserves to fund this project. Although you have additional reserves, you have a capital improvement program which currently exceeds your capacity. I suggest Mr. Benson and I discuss this and bring a funding schedule back to the Board at the next meeting to show how we are going to pay for this capital improvement program. Mr. Ziko stated this proposal states the purchase price is valid for 30 calendar days, and I do not think we should delay and possibly lose the opportunity to bring our plant up to a higher standard. Since collections are due in November and nothing works fast down here anyway, we should have the funds in our profits to pay for it by the time this schedule goes along. Mr. Goscicki asked do you think they are going to hold to the 30 days? Mr. Benson responded I think they will extend the 30 days if necessary. Mr. Cox asked is the budget we approved today for next year not allowing us to take this project on, or is the budget for this year not allowing it? Mr. Goscicki responded the budget for this year is not allowing it. Mr. Cox stated 10 business days after Parkson receives the signed contract, they will submit any requests for additional information. Once the information is compiled 10 days later, the submittal phase will begin, or if they do not have questions it will begin on the eleventh day. The submittal phase will last four weeks, and after final approval of all drawings, 16 weeks for shipment therefore, it will be approximately 20 weeks before this is going to ship. We can definitely look to reserves or revenues which are also going to come in however, a half million dollars for a project is well above what we are assessing for capital improvements right now. Mr. Ziko asked where are we going to get the money to pay for this upgrade which Mr. Benson proposed without using this money? Mr. Benson responded Mr. Goscicki and I identified over $2 million worth of projects over the next five years or more, and the question was how much were we going to spend each year, and which projects were those going to be. Basically, by making this choice, we are prioritizing these projects. Page 26 of 64 August 30, 2005 "" , ~ c ;J I~~ i: .1 I' , .. n ~ ... '-?' 1.I ~ l. POI Community Improvement DIstrict Mr. Lambert stated I thought we had unspent funds which we were planning to spend this year. The only major project we committed to so far is getting the piping and other miscellaneous items. Mr. Gatti asked what action do you need from the Board? Mr. Cox responded Mr. Benson should speak to Parkson officials and tell them, conceptually, we agreed to the terms of their proposal and we must identify the funding source, and then request a 30-day extension. When was this proposal dated? Mr. Benson responded August 22,2005. Mr. Cox stated we meet again about September 25th. Mr. Bissell stated we have the funding; it just needs to be identified. Mr. Ziko stated we meet again on September 23'd. Mr. Cox stated since we meet again on September 23fd, they will make their final decision, and we will have them noticed within five days after that. Therefore, we only need a lO-day extension of the 30-day term, however, I want to ensure Mr. Goscicki is comfortable that we are not going to put ourselves into a cash flow problem with timing. Mr. Ziko stated delivery will take 16 weeks. Mr. Cox stated the tax bills go out in November. You will receive your first influx of cash on November 31 ", which goes to the tax collector. Your money begins to trickle in over January and February, and typically by the end of March you have all of it. However, September through December is when we may suddenly have to pay the entire 50%, when we have only received 30% of our inflow. rfwe can work with the numbers and timing so our first bill is not due until late January or February, this will help Mr. Goscicki on a cash flow basis of keeping your accounts together. Mr. Lambert stated we have been struggling with our financial information. We can sometimes see how much money we have, but do not see anything which tells us what we have committed to. Mr. Goscicki stated one of the issues we spoke about in a previous meeting was, in the October timeframe that we wanted to sit down and do a capital planning session with you where we would go through the capital plan, look at financing options and cash reserves, and go through a process showing what is encumbered, what is remaining, the specific projects on the books, and expediting this at the next meeting. I am not concerned whether or not can you afford this howcver, you have a laundry list of capital improvement programs, totaling $2 million over Page 27 of 64 August 30, 2005 POI Community Imprlegnt~ilict .. the next couple of years. If you do this up front now, the project moves to the forefront. I just want to ensure the Board is fully informed as to what that means to you in terms of your other programs. Mr. Ziko stated I think that with this being available to us now, and the possibility of not getting it at this price and going back to the other technology because it is going to cost us more for the old technology, I cannot see how we can delay on this. Mr. Cox stated we may not have to. Mr. Goscicki stated my only concern is giving the Board more information. Mr. Ziko stated two months ago, before we had the inflow of cash from the tax certificates, we still had this in our planning. Now we have that inflow and you are uneasy about what we are doing. 1 do not understand this. Mr. Dick stated I do not think there is an uneasiness about whether or not you are going to have the funds to do this; we want to ensure that in prioritization of things this may have forced itself as being a priority, but we want you to know what you are delaying by doing this first. Mr. Benson stated we resolved everything with DEP until December, when there was one last item. In responding to their letter, we told them there is a series of items they wanted done at our wastewater plant. I wrote the letter and told them we added some new projects to our capital improvement list and anticipate doing these in the next couple of years. I was trying to stretch it as much as possible and most of those items are ones which we would have prioritized towards the front. I agree with Mr. Goscicki that we need to go through the process to ensure we have enough money for projects we want to do, but these are projects were noted in the DEP letter. Mr. Gatti stated we keep reinforcing the fact that we should go ahead with this. Mr. Benson stated when I wrote the letter to DEP, I noted the projects we were budgeting for and which were necessary to do in the next couple of years. Mr. Cox stated we have a healthy reserve account now, but we really do not need to spend the entirety of it on this capital improvement program. You need to have something set back for hurricanes and other emergencies. It is a cash flow issue, and we can ask Parkson to modify the contract to no sooner than January 31, 2006, which will give us until the end of February or March 151 to pay, whcn we will have most of our cash receipts for the year. Mr. Ziko stated we are only looking at 50% of it. 50% of $220,000 is $120,000. We are talking about spending a quarter-million dollars to move the pipes in Newport Cay. Page 28 of 64 August 30, 2005 16 \ 1 POI Community Improvement District . Mr. Goscicki stated there is other work associated with this. If you are going to accept shipment of the equipment, you are going to have to contract out to build a slab, and you will have to get additional piping. You are going to be moving forward with a half-million dollar project. Mr. Ziko asked can you negotiate with these people so we do not lose this price? If you can get us more time, but maintain this contract, I can go along with this, but I do not want to lose it. Mr. Benson responded we can ask for an extension and tell them we are going to vote on it next month; we can tell them we are going to do the project but are not starting it until an agreed-upon date; or we can postpone the start date by a few months. Mr. Cox stated there is an addendum which says it is a firm quotation for 30 days, and if we want to do a purchase order that stretches the delivery schedule beyond eight months from the time of the purchase order, we will be subject to a price escalation. Therefore, we can request a shipment delay date, even under the present contract. I feel more comfortable knowing that cash flow issues will be taken care of in this way. Mr. Bissell stated we need to tell them we are accepting their contract. Mr. Cox stated accept the contract under terms with a delayed shipping date of no sooner than February 1,2006. On MOTION by Mr. Bissell seconded by Mr. Ziko with all in favor the Parkson MBR Contract in the amount of $239,000 to provide equipment and install a new MBR system in the wastewater treatment plant with a delayed shipping date no sooner than February 1,2006 for all materials was approved. Mr. Ziko stated by that time we should be able to look at a sheet to know we have sufficient funds. I was surprised that we could be over our budget or not have enough money for this project. I would really like to see something which lets us know the status of our funds. Mr. Goscicki stated we were planning on doing this in the October timeframe. We looked at your capital program as it is laid out by the engineer to date, and now you took this action and accelerated a piece of it. You took something, accelerated it and discounted it in order to save some money in the process. Mr. Benson stated since you approved a contract which will require engineering in order to keep the project moving forward, I provided an estimate of the project we discussed at Page 29 of 64 August 30, 2005 16 ~ ", POI Community Improvement ~is!ct o previous meetings, which include all engineering services of $75,000. I prepared a work order for you to authorize us to spend up to $75,000 on a time and expense basis in order to do this project. Mr. Bissell moved to approve an engineering estimate of $75,000 from Hole, Montes & Associates for all engineering work to be done as part of the Parkson MBR Contract and Mr. Ziko seconded the motion. Mr. Lambert asked does this include some overview of what is going on with the whole process when Parkson installs the MBR system? Mr. Benson responded yes, it does. We will design parts of the project which are not being provided by Parkson as far as design, but will also be coordinating with Parkson regarding the system they are providing; ensuring the system is completely installed and operational; obtaining pricing and working with the electrical and piping contractors for other systems; meeting with DEP and preparing necessary applications for permit modifications; construction contract administration, including the review of submittal documents and pay requests; inspection of construction, not limited to, but ensuring the project is built; performing substantial completion inspections; final completion inspections; submittal of a required Certificate of Completion to DEP; assistance with start up of the completed system; updating the facility O&M Manual and operational systems as required during the initial start up. Mr. Lambert asked since we also approved you to start engineering on other filter projects, did you spend much of the contract? Mr. Benson responded we had a $15,000 work order, and billed you $2,400 of the $15,000. We did approximately 50% of the structural design, I paid the Structural Engineer and we have done other preliminary work. A couple of months ago I brought this up and asked if you wanted me to put it on hold, and you said yes. Therefore, we limited your expense. Therefore, $12,600 of the $15,000 can be rolled into this contract. On VOICE vote with all in favor the previous motion was approved. Mr. Benson stated the report on utility capacity was provided to you at the last meeting, in order to give you a couple of weeks to review it. Are there any questions or comments? Page 30 of 64 lbll . August 30, 2005 POI Community Improvement District Mr. Ziko responded I would like to table this until our next meeting or possibly two meetings from now. Mr. Benson stated I submitted the permit renewal applications for potable water and irrigation system. Mr. Gatti asked what is the status of the contract we approved with Florida Underground? Mr. Benson responded we received ail documents prepared by the contractor. You approved acceptance of the contract however, you must sign the document in order for them to start work. They said they can do the work in less than 60 days, even though the contract was for 90 or 120 days. Mr. Cox asked was this the contract in which we had a question about the bond? Mr. Benson responded yes. We had a question with regards to a performance bond, which was not included in the bid requirements. I spoke to the gentleman at the office who prepared the documents, and he spoke to the local contractors who normally have not bid on work. Some smaller companies do not have as much bonding ability. He thought that if he wanted to put it out that way, there were some people who he spoke to who would bid the job, and potentially it would lower our price. This was not the wisest thing to do as Mr. Cox reminded us that since we are a governmental entity, we need some of these bonds. Mr. Cox asked how much does it reduce the price? Mr. Benson responded we received a change order which I need to bring to your attention in the amount of $6,444.14. Mr. Gatti asked how much is the contract for? Mr. Benson responded the total contract amount is $322,207, which was 2% of the price for the bond. Mr. Gatti stated 2% is high. Mr. Benson stated that is about what it would be on a project this size. A large project may be 1 y,%. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor a change order to the contract with Florida Underground in the amount of $6,444.14 due to absence of performance bonds was approved. Although the contract was approved, we need a signature on both the contract and the change order. Page3lof64 August 30, 2005 16 <~ POI Community Improvement District o Mr. Gatti asked are you going to sign our agreement with you before you submit it to me? Mr. Benson responded you need to sign the agreement with Parkson also. C. Manager Mr. Goscicki stated as 1 mentioned to the Board earlier, Mr. Dick is involved in operations, and we hired a new Fiscal Manager to oversee all fiscal services. There were some significant challenges in our systems, and we believe a good deal of it has been corrected. We put together a separate team to work on our software, which we brought in from our corporate resources, and anticipate that the final bugs will be worked out within the next 60 to 90 days. We thank the Board for your patience on our financial reporting and systems which have been on trial over the last six months. Mr. Ziko asked why weren't we informed that our landscaping contract was going to expire last month and are we putting out bids? Mr. asked do we have a renewal option? Mr. responded we are on our second renewal. Mr. Goscicki stated we are on our first, and I think there were two automatic renewals, but I did not realize it came up. Mr. Ziko stated I did not realize we were on an automatic renewal basis. Mr. Bissell stated we have a three-year renewal at the same price. We have heard nothing since that time. Mr. Ziko stated other landscape companies have expressed an interest in bidding when the current contract expires. I would like to know when the expiration is and if we can send out a bid notification. Mr. Gatti stated this contract has three renewals. Mr. Bissell stated we are just completing the third renewal. Mr. Goscicki stated let us pull the contract and we will be able to answer those questions at the next meeting. Mr. Ziko stated if the contract goes out, we do not want an automatic renewal without the Board's approval. Mr. Goscicki stated we have to review the contract language. Mr. Bissell stated the Board was never given a copy of the contract, but it was stated that the company offered three years at the same price, which is what the Board approved at that time. Page 32 of 64 Augl1st 30, 2005 16\1 POI Community Improvement District . Mr. Lambert asked if the contract is coming up to an end, can we ask for a six-month extension? Mr. Goscicki responded let us assess where we are; Mr. Dick has already started working on this for me. Mr. Lambert stated according to our financial information, landscaping is substantially under budget. Have we been getting all the services we contracted for, and who oversees the contract? Mr. Stephens responded under the contract, if something is torn up or if a tree dies, that is what the extra money is for. Mr. Lambert asked is this for a contingency? Mr. Dick stated we will get all of this information together, as well as a copy of the contract. We want to look to a higher level of service. Many communities have landscape maintenance which includes a few change outs of plant materials and annuals planted in the medians. Mr. Lambert stated we have gone almost one year without flowers in the flower pots on Cays Drive. Mr. Bissell stated a couple of years ago I questioned one of the bills in which they planted flowers in front of Cays Drive and billed us. Mr. Goscicki stated we will look at the contract as we go forward. Mr. Ziko asked can you figure out who is responsible for the sprinkler system? Every time I see the sprinklers running I ask how to turn them off when they are running up and down Cays Drive in the middle of the day. No one seems to want to take action. We are against County code if they are running after 8:00 a.m., and Big Cypress does not seem to care when they run. Mr. Stephens stated Big Cypress is aware of the rules. Mr. Ziko stated this is one of the reasons I am interested in the expiration date of their contract. Perhaps they will be aware of the rules when they are no longer servicing us. Mr. Benson stated we need to encourage people to install rain sensors, which is a County ordinance, as well as everything possible which affects our County requirements for water conservation. We should also submit a request for a permit renewal for more water than what we had in the past because we need to ensure we have enough for the build out of this community. Page 330[64 A~gust 30, 2005 16,:~ POI Community Improvement District Mr. Ziko stated after we left the July meeting I noticed all the sprinklers were on at the gatehouse. Mr. Shucart stated the gatehouse area is controlled by Big Cypress. Mr. Dick stated if we decide to go out to bid, we can build all of this into the contract and make them aware that they will be responsible for compliance with the County, and if we get fined, they will pay it. D. Field Manager Mr. Stephens stated the $500 phone bill we spoke about was for several months. After it was paid, they called me several weeks ago and said we had a credit with them. Mr. Ziko stated since October 5, 2004, the phone bills totaled $4,855, which figures out to $485 per month. These bills are out of control. Mr. Stephens asked is this for cellular phone service? Mr. Ziko responded this is for Sprint, MCI and Nextel. We pay an average of $500 per month for phone service. Mr. Stephens stated I have one solution which I have been thinking about. Perhaps we can ask Severn Trent Services to handle the on call service. Anytime there is a callout in the evenings and on weekends, they can have someone on call 24 hours a day. Therefore, I would not need your truck, gas or a telephone, and Severn Trent can probably do this cheaper. Mr. Ziko stated since we do not get a chance to look at the phone bills, we do not know why they are $500. Mr. Stephens stated I do not see a phone bill either. I see the cellular phone bill only. Mr. Goscicki stated the other two bills are the Telemetry and the customer service number. You really have not control over the customer service number because it involves customers making calls to the office. Mr. stated that is probably a large bill. Mr. Bissell stated someone must be using your phone to make several long distance calls. When I looked at a recent printout, there were calls to Puerto Rico and California. Mr. Stephens stated I do not know what those calls were about. However, Severn Trent or another company taking this over will solve these problems. Mr. Goscicki stated we have lockouts on the phones in our office, which require a code. When the bill comes at the end of the month, it is allocated to these different codes. Each employee is given a personal code which has to be entered before a long distance call connects. Page 34 of 64 August 30, 2005 POI Community Ilr~mLlistrict ' Mr. Bissell stated many things can be done. We asked Mr. Stephens one year ago to do a telephone log. If this was done there would not be any question. Mr. Stephens stated I am not here everyday; there are other people who work here as well. Mr. Bissell stated they would also have to do the log. Mr. stated we are going to have a question and answer session. We can discuss it then. SEVENTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Ziko stated there are three checks within this last month written to Port of the Islands CID. Can you elaborate? Mr. Goscicki responded I asked staff to research this, and I have not gotten an answer yet. Mr. Ziko stated these checks amount to $2,000, which appeared in the previous month. Mr. Lambert stated there are checks to people who no longer live here. Is there a refund due back to people when they leave the area or sell property? Mr. Goscicki responded ifit is a nominal amount, I believe they are utility deposits. Mr. Ziko asked can you send me an email with regard to the checks? Mr. Goscicki responded yes. You also asked why rents and leases showed up as an amount beyond what was in our contract. The lease on the vehicles will be in the appropriate account at the end of the year. The backhoe was a lease purchase therefore, payments for parts showed up in that category and that is the reason why water and wastewater pumps are at $4,000 however, you will not see any of this going into the next fiscal year, since all of it will be totally paid out as of October 1,2005. Mr. Bissell stated Mr. Goscicki was going to notify us if the numbers on Pages 7 and 8 were correct, and I never received anything. Mr. Goscicki asked are you referring to budget information? Mr. Bissell responded we were discussing $l,OOO per month III health benefits and overtime to pay for health insurance. Mr. Goscicki stated we followed up by email to the Board members on this. Mr. Bissell stated I did not receive it. Mr. Ziko stated I did not receive it either. On Page 9 of the minutes, I requested a list of other managers' salaries who are employed within the same-sized plant as this, and never Page 35 of 64 August 30, 2005 lld.. '~ POI Community 1mprovem~nt"~istrictO received it. On Page 11, there was supposed to be a resolution of the 40 I K plan, which I never saw either. It is listed as a 457 and not a 401 K, and distribution of the money and adding it to the budget was for the entire $120,000. We currently have only one full-time employee, and part- time employees are not entitled to the 401K. However, nothing was ever resolvcd and no one contacted me. Mr. Goscicki stated I apologize because I saw the email response from my accountant and apparently, she may have wrong email addresses because I was copied on the response which was sent to the Board. I will find out where it is because we went back immediately after the meeting before we issued you revised budgets to review and incorporate those issues. Mr. stated I believe Mr. Benson did an evaluation on this approximately two years ago. Mr. Benson stated it was probably done prior to two years ago however, I just received a salary structure for Lee County, which is a public record. Mr. Ziko stated we had an incident with a truck in which you generated a vehicle safety program policy, and you stated on Page 29 it would be given to the staff. Has this been done? Mr. Goscicki responded it has not been done. Mr. Ziko asked why not? You stated in the last minutes it was going to get done. I would like to see a signed copy at the next meeting. These are the reasons why I believe the management company should not get a raise. We ask these questions at every meeting, and nothing gets accomplished. Mr. Goscicki responded III our defense, something did get accomplished. We put together a comprehensive safety program, customized it to meet your needs, brought it forward to the Board for approval, the Board accepted it, but took no formal action. Mr. Ziko stated you told me it was in place. It was generated and dated the day before the last meeting, and we still have staff with high liability costs on their vehicles. Mr. Goscicki stated when we brought this forward at the last meeting we told you the Board had its personnel policies in a single statement, which I do not have with me, dealing with appropriate use of Port of the Islands equipment and facilities. It did not include a detailed policy regarding vehicle use. Human Resources staff from Severn Trent drafted a policy from some other similar policies already in place. We customized it and brought it forward at the last Board meeting. We intend to put it in place and ask the employees sign it. However, this has not done been done yet. Page 36 of 64 A~gust 30, 2005 1611 POI Community Improvement District . Mr. Ziko asked why does it take 30 days to obtain a signature? Mr. Goscicki responded I have not gotten this to Mr. Stephens to get them distributed to the employees. Mr. Gatti stated the telephone bills are an issue. Can they send you a copy of the bill for your information? Mr. ( ) responded he receives copies of cellular phone bills, which is where the problem lies. Mr. Stephens stated it is a basic rate. Mr. Gatti asked are you in charge of all three phones? Mr. Stephens responded there is only one phone which is currently active. There are two phone Jines at the plant, one at the irrigation station, three cellular phones and a phone line which is a direct connect to Severn Trent's office in Coral Springs. Mr. Goscicki stated it is unfair for you to be responsible and take on these questions without seeing the bills. Mr. Stephens stated the last time I got those bills from Mr. Bissell, there was a call to the east coast. I challenged it by calling Sprint and telling them no one here made these calls however, bills cannot be challenged after 30 days therefore, nothing could be done with that charge. Mr. Bissell asked what about the Nextel bill? Mr. Stephens responded the Nextel bill is one month old. Mr. Bissell stated the previous balance is $473; the payment is $473; and the new charges are $230. Mr. Benson asked can we discuss the wells? This is the North Hotel. All the way up to here and all the way out here are where the wells are located. This is about 1 II, miles out. When we first developed this property, literally this is out ~area. At some point in time, they made us which goes back approximately 40 years. The evidence in question may put us under scrutiny on these wells. They can potentially say we are impacting the environment. Mr. Bissell asked why are there approximately six phone calls per day to Severn Trent Services on the MCI? Mr. Stephens responded we do not have MCI, and I do not know what those calls are about. Mr. asked do you have a copy of the bill? Page 37 of 64 August 30, 2005 1611 . POI Community Improvement-bistrict Mr. Stephens responded yes. Mr. Shucart asked are we discussing Mr. Benson's report, or was it decided that it was going to be postponed to a future meeting? Mr. Ziko responded yes. Mr. Shucart asked can we have a copy of the report, since it is public knowledge? Mr. Benson stated I will email it to you. Mr. Shucart asked if cash is put back into the accounts, will it negate anything or will the special assessment expire any sooner? Mr. Gatti asked what special assessment are you referring to? Mr. Shucart responded I was under the impression there was an extra $400 or $700 to make up for the fact that we were not receiving cash flow into these accounts. Mr. Gatti stated as time passes and we finish some of our capital improvements we may have a chance to reduce it. A capital improvement plan of approximately $1 million generates over $500,000. Logically, at the end, it should go away. Mr. Cox stated it was originally a five-year plan to raise $3 million. Mr. Shucart asked was it five years from start to finish? Mr. Cox responded yes. Mr. Shucart asked when did it start? Mr. Cox responded one year ago. With regards to the conference phone we got, we had problems with the phone line. We need to run a different type of line for the conference phone. Can the cost of running this phone line be reimbursed? Mr. Shucart responded we can install a regular speakerphone instead of running a whole line. Mr. Cox stated this one has directional microphones and a conference speaker enabling anyone attending by phone to hear everything. The smaller phones have a directional microphone, and anyone not standing in front of it cannot be heard. Mr. Gatti stated we will reimburse Mr. Shucart for this. Ms. Marchand stated I was not present at the meeting where mosquito control was discussed. Can you tell me how the two operational companies are going to handle this? Mr. Lambert responded the same way it is currently being handled. They were not going to do anything different, from what I understand. Page 38 of 64 August 30, 2005 16\1 POI Community Improvement District . Mr. Gatti stated when the gentleman was here from mosquito control, he told us there is no other way for this to be done. Ms. Marchand stated I attended the meeting in which the contract operations proposals were discussed, and was impressed with both of them. However, I found two discrepancies between the proposals. It seemed to me as if U.S. Water people were not given the option or were not made privy to many aspects and operations requirements. In spite of that, they were able to quote a dollar amount in their proposal to perform the services required by the management company. The Severn Trent report did not quote a dollar amount. Mr. Goscicki stated we did quote a price, but it was in a separate document. Mr. Lambert stated both companies submitted a detailed pricing proposal in a separate binder. Ms. Marchand asked since the U.S. Water price is $l99,000, what is Severn Trent's? Mr. Goscicki responded it was over $200,000. Mr. Gatti stated I would like to save this discussion, since we have not made a decision. Mr. Dick asked did you receive the supplement I mailed out with the additional resumes? Mr. Gatti responded I received it. Ms. Marchand asked with regards to the pumps contract, Mr. Benson said this proposal is just under $500,000, and in the long run the amount of money to accomplish the same thing without the benefit of the parallel system will cost more than $500,000, is that correct? Mr. Benson responded that is correct. Ms. Marchand asked I have no objection to going ahead with this project however, according to your manager's comments, does this mean in the upcoming fiscal year there are items already prioritized and perhaps begun work on which may have to be shelved because it will be above budget in the capital improvement program? Mr. Goscicki responded no, not necessarily. The Board has not gone through a formal prioritization of the entire capital improvement program. The capital plan was developed by the engineer. There are certain projects which the Board approved for this year which are moving forward therefore, this project will not change any ongoing projects. Ms. Marchand stated I have been a resident for over Il years, and during this time it was identified on a number of occasions that the now non-existent signs at the entrance to the north side, which said, "Port of the Islands RV Resort and Gun Club" had disappeared due to all the Page 39 of 64 (; ~ ; " ., , u ~ J.. " .(~ A~gust 30, 2005 POI Community Improvement District new signage. When I ask where we stand on this issue, I am told I am now no longer part of the process. How can that happen if the District is responsible for this? Mr. Gatti asked are you asking us permission to put a sign on our property? Ms. Marchand responded no. 1 am asking why you are not replacing your sign on your property . Mr. Cox stated we were specifically sited for code violations for the existing signs. They had to come down or we were going to be fined. We cannot permit a commercial sign, only subdivision entrance signs which must have the logo, which was approved earlier, along with an identification of the subdivision. The Board decided not to do anything on the north side because those property owners are getting ready to develop their property and we hope to be able to do something together however, nothing can be done until a decision is made. Ms. Marchand stated there is no reason why the sign should not be replenished in the same context as before, and where it says "The Cays at Port of the Islands," it should also say "The RV Park, The Gun Club, The Hotel at Port of the Islands". Mr. Cox stated we cannot identify or permit commercial facilities. Mr. Gatti asked should we pay Mr. Shucart, the marina and the developers for their individual signs? Mr. Cox responded ifit is our sign, all it will say is "Port of the Islands" with the logo. Mr. Marchand asked can we do this, since no one knows we exist? Mr. Cox responded this is the Board's decision. We can probably get this in with the unified subdivision sign plan. Mr. Ziko asked will it say RV Park? Mr. Cox responded no, it will not mention any of the commercial operations. Ms. Marchand stated if we put up some type of sign which identifies there is something on the north side, we can work with that. Mr. Ziko asked do we have any property which we can put a sign on? Mr. Cox responded there is a right-of-way where the north road goes however, I cannot remember exactly how the code is written. It has been a while since I looked at this, since the Board decided to let the sign company handle permitting, as to the number of signs which you can have in the unified plan. Therefore, I cannot say whether or not it can be done however, you cannot have any reference to commercial operations on the signs you are permitting. Mr. Gatti asked are we going to have a sign put on the wall which says "The Cays"? Page 40 of 64 August 30, 2005 1611 POI Community Improvement District . Mr. Cox responded yes, "The Cays at Port of the Islands," which is an identifying sign. Mr. Gatti asked what do you want us to put on the other side? Ms. Marchand responded I would like to see the District's original sign be replaced by the District within the parameters of the new code. Mr. Ziko stated you did not answer the question; what would you like to see written on the sign? Ms. Marchand responded replace the sign within the parameters of the current signage laws. Mr. Ziko stated you still did not answer the question. Ms. Marchand stated Mr. Cox said the wording which I want is not possible. Therefore, Mr. Cox, and anyone who can interpret those laws, should decide however, a sign needs to be put up. Mr. Ziko asked can we put up a sign which says "Union Road"? Ms. Marchand responded there already is one. Mr. Ziko asked isn't that all we really have to put up? Mr. Cox responded it is strictly a discretionary item for your consideration. You are being asked to do something within your power, if you stay within the code however, if you do not appropriate the funds, nothing can be done. Mr. Ziko stated Ms. Marchand is part of the community. I think we should put up a sign which mirrors the signs we are going to put on Cays Drive. Mr. Lambert asked has there been any discussion with Orchid Cove? Mr. Gatti asked does the sign say "Orchid Cove"? Mr. Ziko responded no, it just says "Port of the Islands". Mr. Stephens stated the Orchid Cove signs are located down Union Road at their entrance, which is where I have saw the signs on the plans. Have you noted them? Mr. Benson responded I noted where they put the signs, and I guess it is near their entrance. Mr. Stephens stated I believe it is at their independent entrance, but they may want to have something by the road as well. Mr. Benson stated that is up to them to get permitted. Page 41 of64 A~gust 30, 2005 11 t". ~ '11' J~ \~J' U. · POI Community Improvement District Ms. Marchand stated I am simply asking you to interpret the current signage laws and without doing anything illegal put up a sign indicating that something exists at Port of the Islands on the north side. Mr. Lambert stated no one wanted to claim ownership of the sign when the County was after us about code violations. Ms. Marchand stated the Board does own it. Mr. Stephens stated the Board owns the property where the sign is located; whether or not they own the sign is irrelevant. Ms. Marchand stated the District owns the property, but tried to say I owned the property. If this was the case, I would have rcplaced the sign. Mr. Ziko stated perhaps you can put up your own sign as long as it meets permitting. Mr. Stephens stated you may be able to get it permitted. We cannot because we are doing this under the unified subdivision sign plan. Ms. Marchand asked can you commit to me that you will look to see if this can be included? Mr. Stephens responded I think it is cheaper to let the sign people that do this kind of thing all the time tell us rather than me go spend time looking at it. Mr. Lambert stated perhaps the sign company doing the work on Cays Drive can look at it and give us a proposal to do something similar. Mr. Gatti asked what will the sign say? Mr. Ziko responded "Port of the Islands". Mr. Gatti stated we do not have authority on the roadway. Mr. Goscicki stated you will have some authority. Mr. Stephens stated I believe it is logical to have the sign there. Mr. Ziko stated you can use the property for whatever you can get permitted through the County. Ms. Marchand stated this will be the next step. I just need to get this out of limbo. Mr. Lambert stated I move that we speak to the company doing the work on Cays Drive to give us a proposal for a similar sign on the north side of the road. Mr. Stephens asked are we looking to put up one sign on each side of Cays Drive; one on each side of the main road; and one in the center of Union Road? Page 42 of 64 1611 . August 30, 2005 POI Community Improvement District Mr. Lambert responded it should be similar to Cays Drive; one sign on each side of the entrance. Mr. Stephens stated we may have to obtain easements. Ms. Marchand stated there is one on the east side, but not on the west side, where Orchid Cove already has a sign. It is becoming more complicated than it needs to be. Mr. Stephens asked can we put up a central monument sign? Mr. Benson responded we have a wider right-of-way over here, which is why we can put a sign on each side of the road, but the road is not as wide over here however, there is a median. Mr. Stephens stated the monument sign will probably make more sense. On MOTION by Mr. Lambert seconded by Mr. Ziko with all in favor staff was authorized to review a proposal for implementation of a Port of the I slands central monument entry sign at the north side of Cays Drive from the same company performing similar work on Cays Drive. Ms. Marchand asked is the levying of the bond debt, by direct billing for the upcoming fiscal year, only going to be for three properties? Mr. Cox responded yes. Northport is paid in full, which leaves the North Hotel, South Hotel and the balance of Stella Maris, and probably by next year those will be on separate billing numbers and it will be reduced to two properties. Ms. Marchand asked what is the status of the North Hotel foreclosure? Mr. Cox responded they paid everything they currently owe, but did not pay future dues which they wanted left out. Ms. Marchand stated I did not receive this option. Mr. Cox responded we gave you this option, and I do not wish to argue this issue. Ms. Marchand stated this is important. The bond indenture can be interpreted in two different ways. You can dismiss the foreclosure on one property because bond default requires payment of the future bond debt and should be the same for another foreclosed property being done under the same parameters within this district. Mr. Cox stated this is an interesting theory. Mr. Marchand asked do you agree with me? Mr. Cox responded no. Page 43 of 64 August 30, 2005 1. r., ~ '1\ ~1\,,JJJ 0 POI Community Improvement District Ms, Marchand stated separate properties under the same parameter were dismissed under different terms. Mr. Gatti stated we are not going to settle this here. If you have a legal issue with this, contact your attorney and take appropriate action. Ms. Marchand I do not want to have a confrontation. I am satisfied the bond debt on my property is paid since it becomes more attractive. Mr. Gatti asked what do you want us to do? Ms. Marchand responded it is as much to your benefit to have the future bond debt as it was made clear it had to be paid on my property. Therefore, why should two properties be treated differently? The magnitude of their debt was much smaller than the magnitude of the future bond debt on mine. Mr. Cox stated these are negotiated settlements. Mr. Shucart asked is the South Hotel in arrears? Mr. Cox responded it is not in arrears. Several years ago, bond holders asked us to take six different folios, which included the South Hotel, off the tax roll and direct assess their bond debt. You will receive a separate bill from the District for the debt service portion of the assessments, which is due and payable in March, instead of them appearing on the tax bill. The only reason it is still that way is because the bond holders have not told us to put it back on the tax roll however, you can request them to have it put back on the roll. Mr. Shucart asked will the County bill it? Mr. Cox responded it will come under the regular County tax bills. Mr. Shucart asked will it then be due November lst? Mr. Cox responded they are actually due March 3151, but you are granted discounts for November payment. Mr. Shucart asked how is it currently set up? Mr. Cox responded we direct-bill from Severn Trent Services. EIGHTH ORDER OF BUSINESS Approval of Check Register Mr. Ziko stated it is my understanding the bills have been paid, and we are approving it after the fact. However, I do not approve of the check register as it stands. Mr. Goscicki stated you are not approving the check register in its form however, you are approving it as a representation of bills which were paid. Mr. Ziko stated we still have to find out why we paid ourselves $2,000 last month. Page 44 of 64 A~gust 30, 2005 1611 POI Community Improvement District . Mr. Lambert moved to approve the check register as amended and Mr. Ziko seconded the motion. Mr. Gatti stated I have not been reimbursed for paint which I purchased. Mr. Ziko asked did you write a check to Ms. Patricia McKay for the work she did for us? Mr. Goscicki responded I submitted it to the Accounting Department to ensure it got done. However, I will follow up. On VOICE vote with all III favor the prevIOus motion was approved. C. Operations Oversight Requirements (Continued) Mr. Lambert stated we would like to hear what you believe your job entails. Who do you report to and what exactly are your responsibilities? Mr. Stephens responded I believe I work for the people of the Port of the Islands. My main job function is to handle water and wastewater plant operations however, I have taken on more responsibilities over the years. I report to the Board, Severn Trent Services and Mr. Benson. Mr. Ziko asked do you get any direction from Severn Trent Services with regards to plant maintenance, and how did the plant come into such disarray during your tenure as manager? Mr. Stephens responded due to a lack of funds over the years however, things have looked up financially only over the last couple of years. I follow Mr. Benson's recommendations on most projects. He issues me a scope of work and indicates in his engineering report details of these projects, and decides what can be fit into the budget. Mr. Ziko stated the plant operation has been admirable with regards to water purity and sewage plant functions however, the decomposition of the plant and its surroundings, such as broken windows and other cosmetic issues are part of the problem. When U.S. Water and Severn Trent Services gave their presentations, they specified that the garbage on the property must be removed, and that they were not going to pay you for this in the contract. We got a backhoe and dumpster in order to get rid of those pallets. I realize you run the plant all day, but can you find any spare time to pick up around the plant thereby making it neater? Mr. Stephens responded much of what you call junk has been used over the years to repair the plant. Page 45 of 64 A~gust 30, 2005 1,. t.J, ~ 'c1 .t.,'u.!h 0 POI Community Improvement District Mr. Ziko asked why would both Severn Trent and U.S. Water want this removed as soon as possible if they took over? Mr. Stephens responded if everything is removed, cleaned and painted; you would get a good first impression of the cosmetics of the plant. Although this is important, you are not really looking at the quality of the water or the maintenance of the equipment. We also have not had the funds over the years to do this. Mr. Ziko asked have any cosmetic projects been started since we received funds? Mr. Stephens responded no cosmetic projects have been started other than the removal of the pallets. During winter, many people use them to burn in their fireplaces for heating. The gun club also uses them to put around their walkways when it is wet out. Mr. Ziko asked how does this impact the danger of a fire hazard around the plant? Mr. Stephens responded someone can start a fire if they wanted to. Mr. Ziko asked is that one of the reasons for their removal? Mr. Stephens responded that was the only reason. Mr. Lambert asked is there any time during the day when either you or someone else who works there can perform some cleaning duties? Mr. Stephens responded it can be done. Mr. Lambert asked has the job duties themselves escalated? Mr. Stephens responded the State required two hours per day when I first started, and now requires nine hours per day therefore, I do not have the time to go out and do things I used to do. I do not like to be tied down to the plant itself, and prefer to get out and about in different areas however, the way the State requirement are require me to be at the plant at all times. Mr. Ziko asked if the State showed up now and inquired of your whereabouts, is there a log which they can look at to find out who was there and when they were there? Mr. Stephens responded no. Mr. Bissell stated we hired Natalie to clean the plant area and take care of necessary items throughout the neighborhood, and not to operate the plant however, Mr. Stephens was asking her to do things which he should have been doing. You currently have one full-time individual who replaced Natalie. He was not hired to run the plant. He was hired to clean the plant area, and to take care of the neighborhood therefore, we had at least one year for clean-up of the plant to be started and finished. Page 46 of 64 16\1 . . August 30, 2005 POI Community Improvement District Mr. Ziko stated on May 9'\ Natalie charged $58 worth of gas, and her last paycheck was February 8th How do you account for this? Mr. Stephens responded Natalie had a credit card for gas in her name. When she left she turned in the card, but her name was never taken off, and it was used by her replacement. However, the card has since been torn up. Mr. Ziko stated staff should not be taking the vehicles home; who was using the card? Mr. Stephens responded it was probably Kathy, who was Natalie's replacement. Mr. Ziko stated the vehicle went to a Citgo 7-11 station in Naples, when it was supposed to be on the property. Mr. Stephens stated her primary job was to perform testing, do meter readings and take the samples to either Fort Myers or Pineridge Grove. Therefore, we went to the area of this particular gas station approximately four days a week. Mr. Ziko stated we have a periodic finance charge on the American Express bill for $29. How do we explain not paying bills on time when this American Express comes to you? Mr. Stephens responded I do not pay the bills. Mr. Goscicki stated American Express comes to Severn Trent Services. Mr. Stephens stated the American Express bill comes to me and I attach a purchase order with it, itemizing the entire bill. I then send it to Severn Trent, which 1 try to do on a bimonthly basis. Mr. Ziko asked why are we getting late fees on a credit card? Mr. Stephens responded I do not know. Mr. Ziko asked have we maintained a log on the vehicles, which we have been asking for? Mr. Stephens responded there is a maintenance log. Mr. Ziko stated I summed up gas purchases from May 3151 to June 29th from the American Express card. You put 3,200 miles on the truck in one month. Can you explain this, if it only involves going back and forth to your home? Mr. Stephens responded there are three trucks and a mosquito buggy which require gas. Mr. Ziko stated the two remaining trucks and mosquito buggy are not supposed to leave the CID. Mr. Stephens stated they do. Page 47 of64 lb! ~ 0.: 4 o August 30, 2005 POI Community Improvement District Mr. Ziko stated 3,200 miles at 15 miles per gallon breaks down to 189 miles per day. 1 do not understand how we get this usage. Where do you live? Mr. Stephens responded I live at 135 Tahiti Street in Isle of Capri. Mr. Ziko stated 1 thought you lived closer. Mr. Stephens stated I go to Marco Island almost every day. Mr. Lambert stated we addressed the sprinkler system and landscaping contract earlier in the meeting. It is also necessary to ensure the sprinklers and lights are set for the right time on the entranceways. Do you habitually ensure those lights are operating when they are supposed to when you are coming and going with the mosquito buggy early in the morning? Mr. Stephens responded I do. The lights at the entry to Cays Drive have been a problem. They are being hit with lawn mowers, and all need replacement. We have been taking them off so they do not get water in them, thereby shorting them out. I spoke to an electrician about this, but have not gotten any prices for replacement. Mr. Lambert stated if you are out in the neighborhood, and there is a house or condo being built, do you ensure a meter was installed? There seem to be situations where water is being used which is not being metered. If there is a broken sprinkler or water line, we should back charge someone for use however, it appears the process was never followed through. Mr. Stephens stated I do not know how to charge someone if they break a line before the meter. There is no water going through the meter, which is the only way I can charge them for it however, this happened recently and I turned the water off and had it repaired. Mr. Bissell asked should we come up with a fee for breakage of the lines before the meter which Mr. Stephens has to respond to? Mr. Goscicki responded in most utilities if the contractor damages a line, they are responsible for the repair cost. There is no way to meter the lost water as a result and the utilities absorb the cost. If we can ascertain who damaged the line, they will pay the cost of the physical repair. Mr. Bissell asked was there a break at the hotel? Mr. Stephens responded yes, but it was after the meter and we turned off the water at the meter while they repaired it. Mr. Lambert asked why do we have individual names on the American Express Card, rather than Port of the Islands? Page 48 of 64 August 30, 2005 POI commuly ~Jovlent District Mr. Stephens responded the card has Port of the Islands identified on it. However, American Express also requires the individual users' name on it. Mr. Cox stated the merchants must be able to identify the person using the card. Mr. Ziko asked was Natalie's card returned? Mr. Stephens responded Natalie's card was ripped up and thrown away. Mr. Lambert asked do all receipts from American Express purchases go to Severn Trent with initials each charge was determined? Mr. Stephens responded yes. Mr. Lambert asked do Severn Trent personnel also check these charges? Mr. Goscicki responded our Accounts Payable personnel ensure the invoice is in line with the register before payments are made. They will also ensure the charges are legitimate. If they have questions, they call Mr. Stephens or I to get verification and an explanation. Mr. Bissell stated the agenda package with the bills attached show several charges without receipts, and the bill was still paid. Mr. Goscicki stated the bill still gets paid. However, Accounts Payable staff should follow up with Mr. Stephens on invoices without backup for an explanation. Mr. Stephens asked are you referring to American Express? Mr. Bissell responded yes. Mr. Stephens stated I have an envelope full of receipts in my office. Mr. Bissell stated Severn Trent should not pay the bill until they have all receipts. Mr. Stephens stated I understand, but I like to ensure the bill gets paid on time to avoid late charges and shut-down of the card when it is most needed. Mr. Bissell stated I notice approximately every two to three days you fill up the truck. Do we put that many miles on the truck? Also, sometimes you put more gas than the tank holds. How does this happen? Mr. Stephens responded I carry the mosquito buggy which I fill up; we fill up gas cans, pumps, as well as another truck. All of this goes on one American Express card. Mr. Lambert stated you bring cans of gas back to the plants to put in the mosquito buggy. Mr. Stephens stated instead of dragging the mosquito buggy all the way up there, I sometimes fill up a couple of gas cans and bring them back. Mr. Ziko asked is the Exxon/Mobil a new gas card? Page 49 of 64 August 30, 2005 ;' ~, POI CommUni~I~ro~eJent District Mr. Stephens responded this is an old card, but I only use it in order to keep it active, which is when the American Express card is not paid on time and shut off. Mr. Lambert stated there was some mention of how many miles we put on the vehicles and whether or not they were being used for personal business. Do we have any arrangement with any businesses in town to handle our repair work and maintenance at one place where they will give us the benefit of being a regular customer? Do we have a tax-exempt status in order to be able to get away from paying sales tax when we have major work like that done? Mr. Stephens responded I had an account with Boyd's Texaco and they did a good job for me. They also do not charge tax, and give us fast service because they know we need the trucks. Mr. Lambert asked will they run an account for us? Mr. Stephens responded yes. I bring all of my personal vehicles there whenever they require mechanical work, even if I have to wait two to three weeks to get the work done. They are one of the best mechanics I have ever dealt with. Mr. Lambert asked is there any gasoline taxes which we can be exempt from? Mr. Stephens responded I tried it and they will not accept it. Mr. Bissell stated when you purchase tires at Goodyear, be sure you tell them we are State exempt. You once bought two tires and paid $113 per tire, and another time you paid $62.47. I questioned them and they said you must tell them each time you buy tires about the about being State exempt. Mr. Lambert asked were you aware the bill which was sent did not match the work which was done? Mr. Stephens responded not until Mr. Bissell mentioned it. Mr. Bissell stated these bills came to you and you signed off on them. Mr. Stephens stated I did not catch the difference between the old tire price and the new one. Mr. Lambert stated Boyd's may not be the most convenient station to purchase gasoline on a regular basis based on where you live. Mr. Bissell stated since we bought this 2002 Chevrolet, you have averaged between 190 and 200 miles per day. How can we account for that number going back to when this truck was purchased? Mr. Stephens responded I do not know. 1 do not pay attention to how many miles I put on it in a day. Page 50 of 64 August 30, 2005 1611 POI Community Improvemenhistricr Mr. Ziko stated I noticed a horse trailer at the plant every now and then. Is that yours? Mr. Stephens responded no. Mr. Ziko stated as I drove by, I saw it there a couple of times. Mr. Stephens stated there is a trailer over there which houses my swamp buggy. Mr. Lambert stated I saw a white, enclosed trailer. Is that yours? Mr. Stephens responded it is a Port of the Islands trailer. Mr. Lambert asked what do we use it for? Mr. Stephens responded we keep a small generator III there to take to the wells if necessary, and we also have many different pipe fittings in there. Mr. Lambert asked should this be added to our inventory? Mr. Stephens responded yes. Mr. Lambert stated how are District employees' vacation and sick time accounted for? What is the procedure for documenting employees who do not follow procedures or get reprimanded? Mr. Stephens responded we fill out a log every two weeks and submit it to Severn Trent. They do all calculations for accumulated sick and vacation time by hours. Mr. Goscicki stated the payroll system keeps track of vacation and sick time based on information noted on the weekly time sheets which the employees submit. Mr. Lambert asked how will you know when Mr. Stephens is on vacation? Mr. Goscicki responded although we had some miscommunications in the past, he must notifY me when he goes on vacation. If Mr. Stephens is gone for one or two weeks at a time, he always calls and lets me know. However, if he is only gone for one day, he has it covered and I do not worry. Mr. Ziko asked when he is out for one day do you know which operator is replacing him? Mr. Goscicki responded no, because I do not always know he is gone for one day. However, he has coverage set up. Mr. Stephens stated the operator on duty signs in and out on the log book. Mr. Ziko asked when I tour the plant with Mr. Dick, can I look at the log book? Mr. Stephens responded yes. Mr. Bissell stated according to the employees' contract booklet, the employee must call and obtain the manager's approval in order to take time off. Page 51 of64 August 30, 2005 It,. '" ~ POI Community 1m ~ej Di~trict I) , . Mr. Goscicki stated I authorize Mr. Stephens' vacation time. I do not manage the employees Mr. Stephens supervise. They need to get his authorization. Mr. Bissell asked is a doctor's note required when Mr. Stephens or his employees are ill? Mr. Goscicki responded we do not require a doctor's note unless you are suspected of abusing the policy. Mr. Stephens stated I have six months of sick leave built up. Mr. Bissell stated it is noted in the handbook that a doctor's note is necessary. Mr. Ziko asked when you hire a new employee do you do a background check? Mr. Stephens replied do. Mr. Ziko stated these employees lock the gate and put a number pad on it. How do we fall in with Homeland Security, since this is a water treatment plant for 1,000 ERCs? I think they require a background check of all employees to be kept on file. Mr. Stephens stated this is the discretion of individual water treatment plants. Mr. Cox stated we fall under the threshold subject to the full requirements of the Homeland Security Act. When it was first passed and they were talking about different security upgrades which were going to have to be done to water treatment plants, Mr. Benson and I looked into the requirements and whether or not there may be grant monies available. It is my recollection we fall substantially below the population requirement, however, we have implemented certain measures voluntarily. Mr. Bissell stated the Board requested all new employees to have a background check. Mr. Ziko stated he has not recently hired new employees. How would you go about obtaining background checks? Mr. Stephens responded you can call the police and they will check for any criminal acts. Mr. Ziko asked how would you go about it? Mr. Stephens responded I would contact his last place of employment. Mr. Lambert stated it appears communications between you and Severn Trent are not as good as they could be. What can be done to solve this problem? Mr. Stephens responded Severn Trent is communicating more frequently than in the past, by sending operations personnel here. However, we do not have a regular communication set up. Mr. Lambert stated it appears there was not a good job of communications going on between you and Severn Trent. Page 52 of 64 1611 . August 30, 2005 POI Community Improvement District Mr. Stephens stated I had communications problems with the Coral Springs office. I call and leave a message, and they do not call back right away however, I eventually get in touch with them. Mr. Goscicki is also difficult to get in touch with however, he is busy and I understand that. Mr. Lambert asked are you satisfied that when you make a phone call your needs are being addressed? Mr. Stephens responded my needs get addressed one way or another. Although our relationship with Severn Trent has improved, it should be better. Mr. Lambert stated we covered all our questions to you. Do you have any questions or comments for the Board? Mr. Stephens stated you should research and get all the information about certain issues before jumping to conclusions too quickly. Mr. Lambert asked how can we help you? Mr. Stephens responded the Board should focus on the big picture, leave the minor issues to me, and I will take care of them. You need to rely on the people working for you. Mr. Lambert stated you need to understand the Board needed answers to some questions in order to feel comfortable with our decision on whether or not we are going to contract with another management company. Mr. Stephens stated I have mixed feelings about the contract operation. You may believe a big company will take care of your needs more efficiently, but I do not believe you are going to get better service. Mr. Lambert stated 1 have not heard anyone comment they could not get in touch with you or you did not respond to a problem. Mr. Ziko stated when U.S. Water and Severn Trent made their presentations they both indicated you will stay on as the Plant Manager. How will this benefit or hurt you? Mr. Stephens responded it would make it easier to call and make the Supervisor aware that I am going on vacation without worrying about setting it up with other operators, although I may still have to do that. Mr. Ziko asked would you like to see this happen or would you like it to remain status quo? Mr. Stephens responded I would like it to remam status quo and find an operator. However, no one wants to work here for $40,000. Page 53 of 64 August 30, 2005 16 r,'. - . II POI Commum y Impr~vement District Mr. Bissell stated the employees in the Coral Springs office drive much farther than anyone around here. Are you the only person who takes a vehicle home? Mr. Stephens responded yes. Mr. Bissell asked how do you decide if you are going to follow Severn Trent's or the Board's orders? For instance, on May l4th, Mr. James DeCocq told you to start a telephone and vehicle log. Mr. Stephens responded I was not at that meeting and never received the order. Mr. Bissell stated he claims he spoke to you about this. Mr. Stephens stated much of what is spoken about here does not get communicated to me. Mr. Bissell stated it was decided at the meeting with Ms. Patricia White in attendance that we should ask for a background check on all employees. Mr. Stephens stated I was not made aware of this. When someone fills out a job application I read it and call a couple of places of past employment. Mr. Lambert asked what would we have to pay per year to obtain a good operator? Mr. Stephens responded you are going to have to pay at least $60,000 to get a responsible person who will be happy with the job. Mr. Lambert asked is the physical location an issue? Mr. Stephens responded yes, along with the responsibility. Operators at most plants sit behind a desk with a computer and a board which tells you what is operating, they fill out a log and check on them. We do physical work, such as replacing motors and blowers, and handling of maintenance duties not done by most counties and cities. Mr. Lambert asked if we hire someone are we are going to be a trainer in order for them to gain experience and quit? Mr. Stephens responded the operations of this plant are complicated, and it takes at least one year or more for someone to grasp all the concepts. The best solution is to hire two dedicated operators to work throughout the week in rotation, and possibly hire a third one on weekends. Mr. Gatti stated your job is to ensure the water and sewage treatment plant are functioning efficiently; everything else is above and beyond your job description. Mr. Lambert stated perhaps the Board should address hiring a part-time employee to handle other miscellaneous tasks which Mr. Stephens does not have time to handle. Page 54 of 64 1611 August 30, 2005 Mr. Goscicki stated that is an important part of this discussion for Mr. Stephens and I to understand the Board's expectations, and we need for the Board to understand our responsibilities from our perspective and come to a meeting of the minds on how we should move forward. If the County was in charge of your utility, a community of this size will still need either a property management company or an on-site operations staff to deal with these ancillary issues. Mr. Bissell asked with regards to the person you hired to replace Natalie, why isn't he picking up the fronds coming off the trees and cleaning out the grates, among other things? Mr. Stephens responded he is handling many tasks however, I have many tests to run in order to know what is happening over there. I am also answering the phone, handling paperwork and invoices as well. The State just issued me an 18-page report, which takes a few days to do. Mr. Bissell asked is he operating the plant with you? Mr. Stephens responded he is helping me operate the plant. Mr. Ziko asked are you the only two people working at the plant? Mr. Stephens responded yes. Mr. Ziko asked what are the chances of hiring another person like him to relieve you of some of your responsibilities. Ms. Marchand asked who operates the plant on the weekends? Mr. Stephens responded Jim. Mr. Ziko stated we should get you more help. Mr. Stephens stated I have been focusing on hiring an operator. Mr. Ziko stated we are budgeted for $120,000 per annum. In lieu of not being able to find an operator right now, we can hire another part-timer to satisfY the issues throughout the community Mr. Bissell and myself are concerned about. Mr. Bissell stated Natalie was hired to take care of these issues within the community, not issues in the plant. Mr. Goscicki stated you have three positions budgeted, a Project Manager, an operator and a Meter Reader, which is technically a Utility Technician. Mr. Stephens stated one of Natalie's primary jobs was to read the water meters. Mr. Ziko asked how long does it take to read the water meters? Mr. Stephens responded a couple of days. Page 55 of 64 August 30, 2005 . POI Community Improvement District 1611 Mr. Ziko stated if she was a full-time employee, you still have approximately 19 to 20 additional days per month. Mr. Stephens stated we did testing on a daily basis; Natalie would do the test and helped with reports, operations and many other duties. Mr. Bissell stated in my opinion, it is the manager's responsibility at the discretion of the Board to hire and fire, not yours. Therefore, I do not understand why you are looking to hire an operator. Mr. Stephens stated 1 need help. Mr. Bissell stated this is Mr. Goscicki's responsibility. Mr. Stephens stated ifMr. Goscicki can find someone to work here I will appreciate it. Mr. Lambert stated we are now going to ask Severn Trent Services some questions. Why does your contract indicate that you do not supervise Mr. Stephens when the only contract the Board has seen is the one you took over from Mr. Gary Moyer? I will quote, "the hiring and supervision for personnel employed by the District as such personnel may be specifically authorized in the District's annual budget". Mr. Goscicki responded perhaps someone misheard. The contract specifies that as the manager I have responsibility and authority to supervise District employees. I supervise the operations manager, Mr. Stephens, and he supervises employees working under him. I do not provide direct supervision to his employees. Mr. Stephens is delegated to supervise the other on- site employees. Mr. Ziko stated our contract only provides general supervision of Mr. Stephens however, Mr. Moyer's contract stipulated specific supervision. Mr. Goscicki stated this goes back to the Board's expectations. I do not believe it is my responsibility to supervise all employees on a direct basis. There should be a chain of command within the organization. Mr. Ziko stated it is strange that a Vice President should supervise a Plant Operator. There should be a chain of command to handle problems within the District, which is one of the main reasons we are having these communications now. The current contract is 12 years old and does not pertain to current issues. Mr. Goscicki stated I spoke to Mr. Moyer on these issues and his philosophy at that time, as well as today, is that he was the manager, provided general management services to the District, and he relied on the expertise of the engineer and operator to deal with technical issues Page 56 of 64 1611 August 30, 2005 of the utility. He did not have the expertise to comment on whether or not it was appropriate to have three or five people working in the plant, and he also did not understand permit requirements. He relied on the engineer and licensed operators to meet those needs. Mr. Ziko asked since Severn Trent is such a large company, doesn't it make sense to write a new contract, and not rely on one which is approximately eight years old? Mr. Goscicki responded we updated the contract because its structure makes it difficult to track what goes from year to year in terms of change of scope and direction from the Board. You must literally go back to Board minutes or budget documentation in order to determine if there was a change in scope. We agree we would like a contract which is more specific in terms of scope of work. Although we have been doing this periodically as these issues arise, some contracts, which we provided for employees on staff or for the District, had no definition of their responsibilities. Mr. Ziko stated Statute 190 specifies the Board of Supervisors general duties, which you have not been living up to. We provide you with direction, but it has not happened. Mr. Goscicki stated it seems that you want Severn Trent, as the management firm, to take a much more proactive role in the management of District operations. Mr. Ziko stated we would like to have these meetings last 20 minutes, but the District has been neglected for a long period of time, and no one has the initiative to square it away, which is what this Board is trying to do now. Mr. Lambert asked does your position as Vice President of Severn Trent allow you to take on the position which we see you doing down here? Mr. Goscicki responded yes. I manage three Districts. My other District Managers manage 15 to 20 Districts, and this is my way of keeping my hands in on day-to-day management. The last couple of months have been rough for the company. We went through some staff changes, which have stretched me over the last three to four months, and Mr. Cox can relate other challenges we dealt with, which is one of the reasons I asked Mr. Dick to become more engaged. I recognize the need for more operations management within this District. I bring a level of expertise of understanding how this District operates, your overall financial concerns and how the capital budget is going to work. With regards to utility operations, I have a unique background as a Utility Director. However, there are many operational issues, which is why Mr. Dick will be involved on an ongoing basis to fill the gap between Mr. Stephens and 1. Page 57 of 64 August 30, 2005 16: ,. ' POI Community Improvement District Mr. Lambert asked can you explain why the Board has to go without financial information for two months at a time, when the information is not included in the meeting packages? Why can't the Board see a financial report showing revenues taken in for the month and expenses, as well as reflect commitments the Board has made? It is almost impossible for the Board to make a financial decision and determine whether or not they are over-committing themselves. Mr. Goscicki responded we had a serious problem this year in our financial accounting system. We started a process nine months ago and ran two parallel accounting systems within our organization. Both software systems were limited in terms of our ability to meet client needs for customizing reports. The system also could not take on additional Districts. Therefore, we decided to invest in new software, but the process was not managed or staffed properly. Therefore, we brought in a corporate team from our Houston and Delaware offices consisting of five people as well as designating two additional people internal to our local Coral Springs office to be the leads, with nothing more than the responsibility of finishing this transition. Things which should have been automatic as we transitioned the system are the monthly financial statements, which should be a matter of the accountant calling up after the data has been implemented and printing them out. Over the past four months we had to download this information to an Excel spreadsheet and manually produce the financials. A five-minute operation turned into a five-hour operation. Obviously, we have a limited amount of staff resources, but we are 90% of the way through this process. I realize you pay us to handle this in a professional manner, and I thank many of you personally for the patience you have exercised in dealing with us. When we get this system worked out, it will provide a tremendous amount of flexibility to customize reports, as well as allow us to structure them as the client would like to see them. We will also be able to restructure the budget next year to any format which works well for the Board. Mr. Ziko asked are you going to be able to get the agenda packages out one week in advance of the meeting? Mr. Goscicki responded yes. This Board is one of the few who meets on a Friday, and I did not realize that they were getting out as late as they were until we spoke. However, we normally get them out one week in advance. Mr. Bissell stated we used to receive them on Saturday. Page 58 of 64 1611 . August 30, 2005 POI Community Improvement District Mr. Goscicki stated the normal process is to mail them via Federal Express on Fridays for meetings coming up at the end of the following week. However, we have had problems with them as well. Mr. Lambert stated it has been my experience that when you have a database for the check register, you can retrieve any information which is in there in any format you want. Will we have the ability to tell you what items we want to see on the check register? Mr. Goscicki responded you can tell us what you want to see, and we can print them out and send them to you. Mr. Ziko asked will they be included in the monthly package? Mr. Goscicki responded yes, if you want to see it on a routine basis. We hope to get this on line within the year. Board members will have pass code protection to be able to access your financials via the internet, view and print the check register and invoices. We are moving to a totally digital system, and scanning all our documents as we move forward. Mr. Lambert asked is it unreasonable for you, as our manager, to look at over- and under- budget items such as rents and leases? Mr. Goscicki responded no. I look at the bottom line on a monthly basis and look at any large amounts. I also look at our overall picture, and work my way down to see if there are any major problems. Mr. Lambert stated if we are either under or over on the budget, there is a reason, which may be legitimate. However, I do not wish to spend my time digging through that information. Mr. Ziko stated this spreadsheet of revenues and expenditures is probably about as bad as it could get. There is $504,000 which does not reconcile with total revenues. It appears as though someone did not set up the spreadsheet to include the top line. In July, we deposited $504,985 however, total revenues indicate that we deposited $9,000. Mr. Lambert stated the person who puts the spreadsheet together is not very creative in checking their work. Mr. Ziko stated you have as much opportunity to correct the minutes as we do, and if you read them carefully, you would realize that motion was never introduced by me. As a Vice President, you should be able to pick up on these areas. If not, your assistant should check them. Mr. Goscicki stated the Recording Secretary is responsibility for transcribing, reviewing and proofing the minutes. My Executive Assistant goes through them and does an additional review and proofs the document. The minutes come to me and I go through it. I happened to Page 59 of 64 ~ugust 30, 2005 1611 · POI Community Improvement District miss that particular motion. I write notes on motions, and some of the standing ones are minutes, financials and invoices. I believe I filled in the wrong line. Mr. Gatti asked do we need the minutes verbatim, rather than a brief description of the discussion? Mr. Cox responded I spoke to some of the transcribers, and they told me it is more difficult for them to put it into a summary format. Mr. Ziko stated the minutes of the last meeting; they do not reflect what was discussed. There is big difference between summary and verbatim. Mr. Goscicki stated part of the solution is that Board members, including myself, must identify ourselves when we speak. Mr. Lambert asked what will be done about bills being paid late? I understand we had a shut-off on at least one account for electricity. Mr. Goscicki responded the local electric company did call us looking for the bill. lbis was part of our transition; data was not cross-referenced and bills did not get paid however, we are up to date on Accounts Payable. Mr. Lambert asked does it take a physical bill to implement the process? Mr. Goscicki responded yes. This is a check and balance which you want in the system. We do not allow automatic check payments without a contract. We must ensure there is a check and we can pull up an invoice or contract to justify to the Boards why the payment was made. Mr. Lambert asked does the person handling those tasks have a log of which bills are coming into the District? Mr. Goscicki responded probably not. We are trying move away from a business managed by individuals to a business managed by good systems, processes and great people in place. We were built on having one person handling all aspects of certain accounts. If that specific person left the company, there was no one able to pick up on the accounts that person worked on. Mr. Ziko stated water bill is automatically deducted by Severn Trent. Can you have the electric bill automatically deducted by LCEC? Mr. Goscicki responded the system's details are outside my level of expertise however, we were looking at an electronic bill payment module which is part of our finance software. Mr. Ziko stated this is not bill payment. It is up to LCEC to get the payment when they need it. Page 60 of 64 August 30, 2005 .; i .~~ ~. () a 0 POI Community Improvement istrict Mr. Goscicki stated we have relationships with banks around the state such as Wachovia, SunTrust and Bank of America. I am not sure of their requirements, but I will look into this. Mr. Ziko stated LCEC institutes the withdrawal from my account every month. Mr. Goscicki stated we should not have to do this. I get concerned, as your Fiscal Manager, with a third party having the opportunity to automatically withdraw funds. Mr. Dick stated with 180 districts you would have to ask one person everyday to go on line to check bank accounts to verify the correct payments came out. Mr. Ziko stated it takes more of an effort to write a check and keep a check register for 180 districts, than it would be to automatically debit the account. Mr. Dick stated automatic debiting is not an issue, but reconciliation and verification of the account is difficult. Mr. Goscicki stated you will still have to download information and ensure these debits are charged against the account and funds. The only thing we get away from is printing checks and going on to an automatic on line system with our key bankers. Mr. Cox stated wire transferring funds rather than writing checks will be easier than having it automatically come out. Mr. Lambert asked do you feel your communications with Mr. Stephens is positive? Mr. Goscicki responded we have been getting the job done. Mr. Dick gets involved with Mr. Stephens on specific issues. Our communications have been issue-oriented. If he has a problem, he will call me. Mr. Dick is going to meet with Mr. Stephens on a weekly basis to ensure, on a routine basis, we are moving forward on operations and maintenance. Mr. Lambert stated I thought it was interesting that Mr. Stephens called when his computer broke down to ask a Board member if he could purchase a new one when I thought Severn Trent would have given him better direction. I wonder if communications are what they should be. Mr. Goscicki stated this prompted a serious conversation between Mr. Stephens and I in which I told him he should never approach the Board on these issues. We resolved the issue and got him a new computer. Mr. Bissell asked how much did the computer cost? Mr. Goscicki responded we got it for less than $600. Mr. Bissell stated anything over $500 would have to be brought to the Board. Mr. Goscicki stated this was an emergency, since he had nothing to do the reports on. Page 61 of64 ~ugust 30, 2005 16 i 1 POI Community Improvement District . Mr. Bissell asked what did he do with his old computer? Mr. Goscicki responded we trashed it because the main board was fried. Mr. Gatti stated in reviewing the details which have been drawn up today, we should see a significant improvement with regards to the issues we brought up in the next two months. Mr. Goscicki responded you are going to see a significant improvement on the operational side immediately, and over the next 90 days you are going to see significant improvement on the financial side. As we move forward from there, we will discuss the cosmetic issues of the plant and what needs to be done to customize these issues to meet your particular needs. Mr. Bissell asked is Mr. Stephens aware he is going to report to you? Mr. Goscicki responded yes. We spoke about this in detail both yesterday and today. Mr. Bissell stated Mr. Stephens did not seem to know who he worked for when he was questioned. Mr. Goscicki stated he gave you a politically correct answer. Mr. Bissell stated he did not give an accurate answer. Mr. Goscicki stated he brought up issues to the Board which are part of reality. He has a reporting relationship back to me as the Manager however, he absolutely takes some specific direction from the Board, and if he thinks it is going outside the Board's prerogative he will bring it to my attention. He works closely with Mr. Benson, whether it is taking direction or working together. I believe there is some good teamwork between Mr. Benson, Mr. Stephens and myself in terms of dealing with plant issues, and with Mr. Benson, Mr. Stephens, Mr. Cox and myself in terms oflegal issues. Mr. Bissell stated with regards to Chapter 190, and I do not know if! read this correctly, but the Board has changed direction from what is printed here. It says "the District Manager may hire or otherwise employ and terminate employment of such persons including without limitations perpetual supervisors, clerk employees as may be necessary and authorized by the Board. The compensation and other conditions of employment of the officers and employees of the District shall be as provided by the Board." Do you have any comments? Mr. Goscicki responded your authorization for those positions is part of the budget process. We will bring a budget to you which says we are budgeting for three people. You then decide to accept and adopt that budget. This is your authorization for us to fill those positions. The salaries will also be part of the budgetary process for anticipated compensation. Page 62 of 64 1}.ugust 30, 2005 .,) .' ,'1 ". "1 ~ ii" ~ ,J4~ \....;, :.; .J. POI Community Improvement District " Mr. Ziko stated I believe we have different interpretations of the statute, which is why we told you at the previous meeting not to grant raises unless you specifically come to the Board for approval. Mr. Cox stated that is the legal analysis of the statute. The first couple of words say "the manager may;" it is all in what the Board wants. Mr. Bissell stated this is what we are trying to say. Mr. Cox stated it is interpreted to let the management company supervise. What level of involvement do you want? Mr. Bissell stated past funds could have been used to keep the plant in better condition. Management should have asked the Board for additional taxation to make the necessary improvements, which was never done. Mr. Cox stated it has never been done, but I assure you in the seven years I have been here you were told many times we had to raise fees. One year we tripled standby fees for water treatment as well as potable water per thousand gallon fees and brought those up into line. There has never been a time management, the engineer and to what extent they would let me get involved, were not trying to find solutions to the problem however, the main problem has always been with the non-performing properties within the District. Once this has been taken care of, this District will be in pristine condition. Mr. Bissell stated when we raised fees to $71 I, they were not all paying either. Mr. Cox stated they are currently paying. Mr. Bissell stated but they were not paying in the past and should have been raised at that time. Management let the Board and community down by not coming out and telling us it was necessary to increase the fees. Mr. Cox stated the situation was the result of a financial crisis, not negligence on of the Board or management company. Mr. Gatti stated I would like to bring this to a conclusion. Mr. Goscicki stated the only comment I would like to add is that the challenges I think this Board, Mr. Stephens and plant staff are faced with are limitations in their capability to get things done. Finding a contractor, subcontractor, electrician sign technician to repair monument signs is a significant undertaking. He has to identify the contractor and work. He has to get them out there to do a price quote, which becomes a distraction over his other job. Page 63 of 64 ,~, 1/' , 1 .L ~<) ~ 0 '. Port of the Islands Community Improvement District Agenda Friday August 26, 2005 10:00 a.m. I. RollCall Egret Room 25000 Tamiami Trail Naples, Florida 2. Approval of the Minutes of the July 22, 2005 Meeting 3. Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2006 and Levy of Non Ad Valorem Assessments 4. Consideration of Resolutions A. Resolution 2005-09 Rescinding Resolution 2005-03 and Designating Edward Goscicki as Secretary and jean M. Rugg as Assistant Secretary B. Resolution 2005- I 0 Designating Edward Goscicki as Assistant Treasurer 5. Discussion Items A. Mosquito Control Options B. Open Items C. Contract Operations Proposals D. Operations Oversight Requirements E. Adoption of Port of the Island Logo and Signage 6. Staff Reports A. Attorney B. Engineer i. Discussion of Draft Report on Utility Capacity ii. Discussion of the Parkson MBR proposed Contract C. Manager D. Field Manager 7. Supervisor's Requests and Audience Comments 8. Approval of Check Register 9. Adjournment Port of the Islands Naples Daily News Naples, FL 34102 16' 1 . Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- PORT OF THE ISLANDS 210 N UNIVERSITY DR #802 CORAL SPRINGS FL 33071 REFERENCE, 010948 59075673 NOTICE OF PUBLIC HEA I .NOTiCE OF PUIlI.ICHEARINQ . POIIT OF THE IS1.ANDS . I' COMMUNITY IMPROVEMENT DISTRICT ' . The Board. of Supervlso", of tho Port Qf tile IsIMd~ :. E~munlty' ,Inibfod- _ vernept'- .DIstrl~- Will. hold a.. public . I::'!'E'1IlI gn" Frldo~_;lj;, ot ,.Q,llQ .... In 1.~lllI''j1fe;., . :'.ofhUll:laIn Troll. Noe~o~;:::. on,' _ _,' nof the srtr..tf.e'~. 'i;r..o~ ,c .... . Of~I/lI..forFs' ....Wz&!.ln ontlleBoonlwllhQrJlUl! I comment _ 0 ons ",Iatty..to theleW.,Of~,;/~ j non,' ad orem' a:sseS5ment - rsullllt' to~FloHaa- " Law for the.-putPose of -operatIoRi':and" , maln1enlllice 0"'1 D .' ! of tho D"!rIct,., .fu" ~ i fac;UIties ;" L . ~ ' State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON, 08/08 08/15 more super- . Allhe ati<>ve r telephpne d..tIle_. liifol'FDed of -,' tfperson-of: by ,,-,,", ,c'l e. H; No. 114293L :. AD SPACE, FILED ON, 110.000 INCH 08/15/05 - - - - - - - - - - - - - - -- - - - -- - - n -7 - n - - __n - - - --- - - -- --+- ---- - - - - - - - - - - -.. - - - - - -- - -- Signature of Affiant /c . ---------r J Sworn to and Subscribed b~~e me t~ )~~ ~ Personally known by me ~~ ~ 20 c?..s "v"", Harriett Bushong IRES ;\..:ii'ii""f>., MYCOMMISSION# DD134689 EXP " , ; July 24, 2007 ;INe '''.:.". .~b:;s,f ',ONDF-DTHRUlROY fAIN INSURANC H',':',,' 16il 6 RESOLUTION 2005-07 A RESOLUTION ADOPTING THE FINAL GENERAL, DEBT SERVICE AND WATER & SEWER BUDGET OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed final General, Debt Service and Water & Sewer Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 26th day of August, 2005, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT; I. The General, Debt Service and Water & Sewer Budget heretofore submitted to, approved and revised by the Board is hereby adopted as the final General, Debt Service and Water & Sewer Budget of the District for Fiscal Year 2006. 2. A verified copy of said final General, Debt Service and Water & Sewer Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings" . Adopted this 26th day of August, 2005. 1?~i\: Richard Gatti Chairman T~~ Assistant Secretary Port of the Islands .\.,:)11 . Community Improvement District Table of Contents Fiscal Year 2006 Section Paaes Summary of All Funds 1-3 General Fund 001 Summary 4-5 District Administration 6-7 Community Appearance 8-9 Narrative 10-15 Debt Service Fund 201 16-18 Enterprise Fund 401 19- 22 Narrative 23- 28 Port of the Islands 16 , 1 . Community Improvement Dlslrlct Summary of All Funds Fiscal Year 2006 Summary by Category Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropriated Fund Balance $0 $0 $0 $0 Special Assessments.Levy $965,813 $2,426,621 $2,344,692 $2,312,327 Special Assessments.Developer $0 $0 $0 $0 Assessment Prepayment $462,185 $0 $9,219 $0 Interest Income $6,990 $1.700 $16,994 $t1,000 Interfund Transfer In $40 $0 $0 $0 Waler Revenue $37,146 $42,460 $40,2S0 $42,460 Sewer Revenue $56,912 $67,639 $60,094 $67,639 Irrigation Revenue $56,458 $40,000 $56,236 $66,236 Meter Fees $14,500 $5,250 $6,000 $6,000 Miscellaneous Income $752 $0 $0 $0 Total Revenues $1,620,796 $2,583,670 $2,543,495 $2,505,662 EXDenditures Personal Services $93,710 $97,634 $94,332 $56,788 Operating Expenses $731,946 $969,272 $531,559 $593,079 Capital Outlay $37,084 $286,000 $236,984 $660,500 Debt Service $725,000 $808,200 $808,200 $801,400 Capacity Purchase/Interconnect Agreement $0 $0 $0 $0 Total Expenditure. $1,567,741 $2,161,106 $1,671,075 $2,130,767 Reserves Designated Reserves $0 $0 $0 $0 Undeslgnated Reserves ($44,180) $336,930 $791,006 $302,026 Total Reserves ($44,180) $336,930 $791,006 $302,026 Page 2 16 I 1 " Port of the Islands . Community Improvement District Summary of All Funds Fiscal Year 2006 Summary by Funcllon Actual Adopted ProJllCted Proposed FY 2004 FY2005 FY 2005 FY 2006 Revenues Unappropriated Fund Balance $0 $0 $0 $0 Special Assessments.Levy $985,613 $2.426,621 $2,344,692 $2,312,327 Special Assessments.Developer $0 $0 $0 $0 Assessment Prepayment $462,185 $0 $9,219 $0 Interest Income $6,990 $1,700 $16,994 $11,000 Interlund Transfer In $40 $0 $0 $0 Water Revenue $37,146 $42,460 $40,260 $42,460 Sewer Revenue $56,912 $67,639 $60,094 $67,639 Irrigation Revenue $56,456 $40,000 $66,236 $56,236 Meter Fees $14,500 $5,250 $6.000 $6.000 Miscellaneous Income $752 $0 $0 $0 Total Revenues $1,620,796 $2,563,670 $2,543.495 $2.505,662 ExoendUures District Administration $250,935 $726,960 $264,622 $717,136 Community Services - Water Management $366,561 $696,560 $579,917 $602,600 Debt Service $1,047,459 $623,200 $887,950 $663,900 Tolal Expendllures $1,664.976 $2,246.740 $1,752,469 $2,203.637 Reserves Reserve Allocations ($44,160) $336,930 $791,006 $302,026 Total Reserves ($44.160) $336,930 $791.006 $302,026 Beginning Fund Balance ($797,793) ($957,656) ($957,856) ($399,555) Ending Fund Balance ($957,656) ($799.006) ($399,555) ($399.555) Page 3 Port of the Islands Community Improvement District 11)11 ... "l . General Fund 001 Summary Fiscal Year 2006 Fund DescrlDtlon: General Fund 001 is used to account for the administrative as well as operation and maintenance activities pertaining to the District. Summary by Category Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropriated Fund Balance $0 $0 $0 $0 Special Assessments-Levy $341,734 $725,780 $725,780 $712,136 Special Assessments-Developer $0 $0 $0 $0 Assessment Prepayment $0 $0 $0 $0 Interest Income $3,822 $1,200 $11,602 $5,000 Miscellaneous Income $752 $0 $0 $0 Operating Transfer In $0 $0 $0 $0 Total Revenues $346,307 $726,980 $737,382 $717,136 Exoendltures Personal Services $82,973 $91,634 $87,873 $79,329 Clperating Expenses $167,962 $599,846 $196,249 $237,307 Capital ()utley $0 $35,500 $500 $400,500 Debt Service $0 $0 $0 $0 Total Expenditures $250,935 $726,980 $284,622 $717,136 Reserves Designated Reserves $0 $0 $0 $0 Undeslgnated Reserves $95,372 $0 $452,760 $0 Total Reserves $95,372 $0 $452,760 $0 Page 4 Port of the Islands 16l Community Improvement District General Fund 001 Summary Fiscal Year 2006 Summary by Function Actual Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropriated Fund Balance $0 $0 $0 $0 Special Assessments-Levy $341,734 $725,780 $725,780 $712,136 Special Assessments-Developer $0 $0 $0 $0 Assessment Prepayment $0 $0 $0 $0 Interest Income $3,822 $1,200 $11,602 $5,000 Miscellaneous Income $752 $0 $0 $0 Operating Transfer In $0 $0 $0 $0 Tolal Revenues $346,307 $726,980 $737,382 $717,136 EXDendltures District Administration $74,159 $103,565 $115,122 $118,553 Community Appearance $176,776 $623,415 $169,501 $598,583 Total Expenditures $250,935 $726,980 $284,622 $717,136 Reserves Designated Reserves $0 $0 $0 $0 Undesignated Reserves $95,372 $0 $452,760 $0 Total Reserves $95,372 $0 $452,760 $0 Beginning Fund Balance $205,488 $300,860 $300,860 $753,620 Ending Fund Balance $300,860 $300,860 $753,620 $753,620 Page 5 1611 . Port of the Islands Community Improvement District General Fund 001 District Administration Fiscal Year 2006 DeDartment Function: Provides for services in support of District functions as provided for in the Florida Statutes, which include District Supervisors, Management Administration, Public Records, Finance, Legal, Engineering, Aud~ and Special Assessments, Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Cateaorv Personal Services $5,738 $6,000 $6,459 $6,459 Operating Expenses $68,421 $97,065 $108,163 $111,594 Capital Outlay $0 $500 $500 $500 Total District Administration $74,159 $103,565 $115,122 $118,553 Page 6 Port of the Islands Community Improvement District 1611 . General Fund 001 District Administration Fiscal Year 2006 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Account Description Personal Services Board of Supervisors $5,738 $6,000 $6,000 $6,000 Board Payroll Taxes $0 $0 $459 $459 Sub-Total $5,738 $6,000 $6,459 $6.459 Operating Expenses Professional Services Management $20,604 $21,634 $21,634 $22,715 Trustee Fees $892 $500 $500 $0 Audit $5,900 $6,400 $4,750 $5,000 Arbitrage Rebate Caiculation $625 $625 $625 $0 Assessment Roll $0 $8,400 $8.400 $8,400 Property Apraiser $0 $11,581 $12,000 $12,000 Tax Collector $0 $0 $4,824 $5,000 Legal $8,047 $t2,000 $12,000 $12,000 Engineering $8,716 $16,500 $20,338 $22,000 Compliance Service $2.420 $0 $0 $0 Travel & Per Diem $0 $250 $0 $0 Computer Services $750 $750 $750 $750 Records Storage $0 $50 $50 $50 Telephone $239 $350 $200 $350 Postage $3,129 $2,500 $4,231 $5,000 Printing & Reproduction $2,430 $2,000 $1,510 $2,000 Rentals & Leases $1,200 $1,200 $1,200 $1,200 Insurance $10,002 $10,000 $12,396 $12,004 Legal Advertising $t,730 $1,200 $1,853 $2,000 Other Current Charges $1,332 $600 $600 $600 Office Supplies $228 $350 $127 $350 Dues & Licenses $175 $175 $175 $175 Sub-Total $68.421 $97,065 $108,163 $111,594 Capilal Outlay Office Equipment $0 $500 $500 $500 Sub.Total $0 $500 $500 $500 Total District Administration $74,159 $103,565 $115,122 $118,553 Page 7 Port of the Islands Community Improvement District 1611 . General Fund 001 Community Appearance Fiscal Year 2006 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY.2006 Cateaorv Personal Services $77,234 $85,634 $81,414 $72,870 Operating Expenses $99,541 $502,781 $88,087 $125,713 Capital Outlay $0 $35,000 $0 $400,000 Total District Admlnlslratlon $176,776 $623,415 $169,501 $598,583 Page 8 Port of the Islands Community Improvement District 16 ~ 1 .. General Fund 001 Community Appearance Fiscal Year 2000 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Account DescriDtlon Personal Services Salaries $59,676 $56,467 $63,168 $60,000 Overtime Pay $0 $11,700 $0 $0 Bonus Pay $775 $900 $0 $0 FICA Expense $4,565 $5,284 $4,832 $4,590 Pension Expense $1,534 $3,953 $3,790 $3,600 Hea~h Insurance $6,463 $3,630 $6,720 $1,680 Workers Compensation $4,222 $3,700 $2,904 $3,000 Sub.Total $77,234 $85,634 $81,414 $72,870 Maintenance Mosquito Control $t3,454 $13,500 $13,588 $20,000 Maintenance - Roads $2,400 $5,000 $0 $0 Maintenance - Drainage $0 $2,500 $0 $0 Street lighting $19,264 $21,530 $20,532 $21,530 Irrigation Water $6,856 $6,500 $4,274 $6,500 Rentals & Leases $3,123 $2,850 $2,883 $2,883 Repairs & Maintenance $1,078 $5,000 $5,000 $12,000 Landscape Maintenance $51,960 $60,000 $41,752 $60,000 Operating Suppiies $1,407 $2,800 $58 $2,800 Captial Reserve $0 $335,401 $0 $0 Bad Debt $0 $47,700 $0 $0 Sub-Total $99,541 $502,781 $88,087 $125,713 Capital Outlay Office Equipment $0 $35,000 $0 $0 Renewal & Replacement $0 $0 $0 $400,000 Sub-Total $0 $35,000 $0 $400,000 ToIal DistrIct Administration $176,776 $623,415 $169,501 $598,583 Page 9 Port of the Islands Community Improvement District General Fund Budget Proposed Budget 1611 . Revenues Maintenance Assessment The District will levy a non-ad valorem assessment on all taxable property within the Port of the Islands Community Improvement District in order to pay operating and maintenance expenses incurred during the fiscal year. Interest Income During the Fiscal Year the District should have an average balance of $200,000 invested at @2.5%. Administrative Expenditures Supervisor's Fees The Florida Statutes, allows each supervisor to be paid $200 per meeting, for the time devoted to District business and board meetings. The amount for the Fiscal Year is based on 5 supervisors and 12 monthly meetings. The fees will be split with the Water & Sewer Fund. Attorney The District's attorney will be providing general legal services to the District, i.e., attendance and preparation for monthly meetings, reviewing contracts, agreements, resolutions, etc. The amount is based on prior year's cost. Engineering The District's engineer will be providing general engineering services to the District, i.e., attendance and preparation for monthly meetings, reviewing invoices, and various projects assigned as directed by the Board of Supervisors. Page 10 Management Fees Port of the Islands Community Improvement District General Fund Budget 1 t-, r: '~ ,!~ " " , " ~ > . The District has contracted Severn Trent to provide Management, Accounting and Recording Secretary Services for the District. The services include, but are not limited to, recording and transcription of board meetings, administrative services, budget preparation, all financial reporting, annual audits, etc. The expenses are split with the Water & Sewer Fund. The General Fund portion of the fees is as follows: Management Accounting Recording Secretary Total $ 12,926/ per year $ 5,987/ per year $ 3,802/per year $ 22,715/ per year Annual Audit The District is required to annually have its financial records audited by an independent Certified Public Accounting Firm. The fee the fiscal year is based on prior year's cost and is split with the Water & Sewer Fund. Computer Time The District processes all of its financial activities, i.e. accounts payable, financial statements, payroll, etc. on a main-frame computer owned by Severn Trent. Computer time will not exceed $1,500 for the fiscal year in accordance with the management contract. The computer time charge will be split with the Water & Sewer Fund. Records Storage All documents of the District will be copied automatic back-up to ensure complete records. kept off-site for security and safety. and stored electronically with Back-up of all records will be Property Appraiser The Collier County Tax Collector charges 1.5% for the collection of the District's operating and maintenance assessment. Page 11 Port of the Islands Community Improvement District General Fund Budget 1611 . Travel & Per Diem Represents cost incurred by District supervisors or employees for travel related expenditures. Telephone Telephone and fax machine. amount based on prior year's cost and will be split with the Water & Sewer Fund. Postage Mailing of Board Meeting Agenda's, checks for vendors, overnight deliveries and any other required correspondence. Amount is based on prior year's cost and will be split with the Water & Sewer Fund. Rentals & Leases The District's administrative offices are in Coral Springs and bills the District $200 per month. The amount will be split with the Water & Sewer Fund. Insurance The District currently has its Insurance Policy with the Florida League of Cities, Inc. The Florida League of Cities, Inc. specializes in providing insurance coverage for Governmental Agencies. The expense is split with the Water & Sewer Fund. The amount is based on prior year's cost as follows: General Liability Vehicle Property Total $ 5,000 $ 3,132 $ 10,859 $ 11.016 Printing and Binding Printing and binding agenda packages for board meetings, printing of computerized checks, correspondence, stationary, envelopes etc. Page 12 Port of the Islands Community Improvement District General Fund Budget 1 z) t:, Legal Advertising Advertising of monthly board meetings, public hearings, and any other legal advertising that may be required. Other Current Charges Bank charges and any other miscellaneous charges that the District may incur. Office Supplies Any supplies that may need to be purchased during the Fiscal Year, i.e., paper, minute books, file folders, labels, paper clips, etc. Dues, License, Subscriptions The District is required to pay an annual fee to the Department of Community Affairs for $175. This is the only anticipated expenditure for this category. Maintenance Salaries/Wages The District currently has one full time Project Manager, one full time Operator and two part time employees. These employees are responsible for all road and drainage operations, mosquito control and operating and maintaining the District's Water & Sewer Plant. The payroll expense is split with the Water/Sewer Fund. The following are the projected payroll expense for the fiscal year: Salaries FICA Taxes @ 7.65% Total $ 120,000 $ 9,180 $ 129,180 Page 13 Port of the Islands Community Improvement District General Fund Budget 1611 . Pension The District will contribute 6% of its employees' gross wages to a 401K account maintained by Loring Ward Securities, Inc. Workers Compensation The District has its workers compensation with the Florida League of Cities, Inc. The premium is based on the prior year's salaries and will be split with the Water & Sewer Fund. Health Insurance Health insurance benefits are provided by Coral Springs Improvement District and are split with the Water & Sewer Fund. The benefits consist of health, dental and life insurance at a rate as follows: One employee Contingency Total Monthly $275 Annual $ 3,300 $ 330 $ 3.360 Workers Compensation Insurance The District currently has its Insurance Policy with the Florida League of Cities, Inc. The amount is based on prior year's cost of $ 11,016 and is split with the Water/Sewer Fund. Landscape Maintenance The District currently has a contract with Big Cypress Landscape Company to maintain the District's Right of Ways and Medians. The amount for the fiscal year is based on the following: Annual Amount ($4,169 per month) Additional Landscaping Total $50,028 $ 9,972 $60.000 Page 14 Port of the Islands Community Improvement District General Fund Budget 6' 6 f '. l , t I , , """'. Street Lighting The District currently has 4 electric accounts with Lee County Cooperative for streetlights located on District Roads. Based on prior year's average monthly electric bills the amount for the fiscal year is estimated to be $20,532 plus a 5% contingency. Irrigation Water The District is currently being billed by the Water/Sewer Fund for irrigation water for the common areas the District is required to maintain. The average cost is $534 per month. Rental & Leases The District has purchased a 2002 Chevrolet Silverado Truck through GMAC. The monthly cost is $480.46, which is split with the Water & Sewer Fund. Mosquito Control The District has inquired a mosquito sprayer and will be utilizing District personnel to spray for mosquitoes during the fiscal year. The estimated amount for chemicals and other needed supplies should not exceed $20,000. Repairs & Maintenance Any miscellaneous repairs and maintenance on the District's trucks, streetlights, roads and drainage systems. Operating Supplies Any operating supplies that will be required during the fiscal year, i.e. fuel for trucks, uniforms, miscellaneous tools, irrigation and landscape supplies, etc. Capital Outlay The District may purchase new or replace existing operating equipment during the fiscal year for maintenance purposes. Page 15 Port of the Islands Community Improvement Dlslrlct 1611 . Debt Service Fund 201 Series 1990Special Assessment Bonds Fiscal Year 2006 Fund Descrlotlon: Debl Service Fund 201 is used to account for the finencial resources used 10 pay the debt service on Ihe Distrlcfs Series 1990 Bonds. Stalement of Revenue, Expenditures and Changes in Fund Balance For the Fiscal Year Ending September 30, 2005 Revenues Unappropriated Fund Balance Special Assessment Levy Special Assessment. Developer Assessment Prepayments Interest Income Total Revenues Adopted FY 2005 Projected FY 2005 Varlanca $0 $0 $982,050 $0 $0 $0 $9,219 $9,219 $2,222 $2,222 $993,491 $11,441 $0 $982,050 $0 $0 $0 $982,050 Exoendltures Principal Debt Retirement Principal Prepayments Interest Expense Total Expenditures $450,000 $450,000 $0 $0 $0 $0 $358,200 $358,200 $0 $808,200 $808,200 $0 $185,291 ($1,258,716) $0 $0 $155,700 $155,700 $0 ($1,229,125) Netlncome Fund Balance September 30, 2004 (Uneudited) Reseeved for Debt Service (All Years) Reserved for Debt Service (F~cal Year 2007): Principal on Bonds Due 11/112006 Interest Expense Due 11/1/2006 Reserved for Future Debt Service Fund Beience September 30, 2005 Bl22J2005 Page 16 " f' li ..., '> .1 Port of the Islands " U "-' ti ( Community Improvement Dlstrfct Debt Serv~e Fund 201 Series 1990Special Assessment Bonds Fiscel Yeer 2006 Actua' Adopted Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropnated Fund Balance $0 $0 $0 $0 Spec,al Assessment Levy $328,347 $982,050 $982,050 $881,400 Special Assessment. Developer $0 $0 $0 $0 Assessment Prepayments S462,185 $0 $9,219 $0 Interestlnoome $1,452 $0 $2,222 S2,500 IntOf-Fund Transfer S40 $0 $0 SO Total Revenues S792,024 S982,050 S993,491 $883,900 ExDendltures Operanng Expenses Trustee Fees $0 $0 $0 $1,000 Arb~rage Rebate Calcutanon $0 $0 $0 $1,500 Other Debt SOIVice Costs (Le9al Service) $322,459 $15,000 $79.750 $80,000 Sub-total $322,459 $15,000 $79,750 $82,500 Debt Service Principai Debt Retirement $380,000 $450,000 $450,000 $490,000 Pnncipal Prepayments $0 $0 $0 $0 Interest Expense $345,000 $358,200 $358,200 $311,400 Sub-total $725,000 $808,200 $808,200 $801,400 Total Expenditures SI,047,459 $823,200 S887,950 $683,900 Reserves Designated ResOlVes $0 $0 $0 $0 Undesignaled ResOlVes (S255,435) $156,850 $105,541 $0 Total Reserves ($255,435) $158,850 $105,541 $0 Beginning Fund Balance ($1,003,261) ($1,258,716) ($1,258.716) ($1,153,175) Ending Fund Balance ($1,258,716) ($1.099,866) ($1,153,175) ($1,153,175) 8/22/2005 Page 17 Port of the Islands Community Improvement District Debt Amortization .1990 Spec/sl Assessment Bonds Year Ending 9/30 Principal Interest Total Debt Service 5/1/2003 $520,000 $203,850 $723,850.00 11/1/2003 $194,625 5/1/2004 $415,000 $194,625 $804,250.00 11/1/2004 $175,950 5/1/2005 $450,000 $175,950 $801,900.00 $t55:;:QO' $801,400.OQ ..6 $490,000 $1~S':lbo 11/1/2006 $133,650 5/1/2007 $535,000 $133,650 $802,300.00 11/1/2007 $109,575 5/1/2008 $585,000 $109,575 $804,150.00 11/1/2008 $83,250 5/1/2009 $635,000 $83,250 $801,500.00 11/1/2009 $54,675 5/1/2010 $695,000 $54,675 $804,350.00 Tolals $4,325,000 $2,018,700 $6,343,700 Page 18 1611 . Port of the Islands Community Improvement Dlslrfct 1 f F "j .. .- ~ 0 '-.".i Enterprise Fund 401 Water & Sewer Utility Fiscal Year 2006 Fund Descrlotlon Enterprise Fund 401 is used by the District to account for its water and sewer operations. The District uses its own water transmission and sewe collection systems to provide service Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropriated Fund Balance $0 $0 $0 $0 Water Revenue $37,146 $42.460 $40,260 $42,460 o & M Assessments $315,732 $718,791 $636,862 $718,791 Sewer Revenue $56,912 $67,639 $60,094 $67,639 Irrigation Revenue $56.458 $40,000 $66,236 $66,236 Meter Fees $14,500 $5,250 $6.000 $6,000 Interest Income $1,716 $500 $3,t70 $3,500 Total Reserves $482,464 $874,640 $812,622 $904,626 Exoendltures Personal-Services $87,972 $91,634 $87,873 $79,329 Operating Expenses $241,525 $354,426 $255,559 $273,271 Capital Outlay $37,084 $250,500 $236.484 $250,000 Debt Service $0 $0 $0 $0 Capacity Purchase/Interconnect Agreement $0 $0 $0 $0 Total Expenditures $366,581 $696,560 $579,917 $602,600 Reserves Designated Reserves $0 $0 $0 $0 Undesignated Reserves $115,683 $178,080 $232,705 $302,026 Total Reserves $115,883 $178,080 $232,705 $302,026 Page 19 Port of the Islands Community Improvement District 1611 . Enterprise Fund 401 Water & Sewer Utility Fiscal Year 2006 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Revenues Unappropriated Fund Balance $0 $0 $0 $0 Water Revenue $37,146 $42,460 $40,260 $42,460 o & M Assessments $315,732 $718,791 $636,862 $718,791 Sewer Revenue $56,9t2 $67,639 $60,094 $67,639 Irrigation Revenue $56,458 $40,000 $66,236 $66,236 Meter Fees $14,500 $5,250 $6,000 $6,000 Interest Income $1,716 $500 $3,170 $3,500 Total Reserves $482,464 $874,640 $812,622 $904,626 Page 20 Port of the Islands G' [1.. ~\J o Community Improvement District Enterprise Fund 401 Water & Sewer Utility Fiscal Year 2006 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Exoenditures Personal-Services Board of Supervisors $5,738 $6,000 $6,000 $6,000 Board Payroll Taxes $0 $0 $459 $459 Salaries I Wages $59,675 $56,468 $63,168 $60,000 Overtime Pay $0 $11,700 $0 $0 Bonus Pay $5,775 $900 $0 $0 FICA Tax $4,565 $5,284 $4,832 $4,590 Pension Expense $1,534 $3,953 $3,790 $3,600 Health Insurance $6,463 $3,630 $6,720 $1,680 Workers Compensation $4,222 $3,700 $2,904 $3,000 Sub-Total $87,972 $91,634 $87,873 $79,329 Administration Management $20,604 $21,634 $21,634 $22,716 Audit $5,900 $4,900 $4,750 $5,000 Compliance Service $2,420 $0 $0 $0 Trustee Fees $892 $1,300 $1,300 $0 Arbitrage Rebate Calcuiation $625 $625 $625 $0 Property Appraiser $0 $11,470 $10,829 $1t,470 Legal $8,047 $12,000 $12,000 $12,000 Engineering $21,292 $15,000 $21,576 $22,000 Computer Services $750 $750 $750 $750 Records Storage $0 $50 $50 $50 Postage $1,633 $1,500 $737 $1,500 Utility Billing $0 $8,925 $8,925 $8,925 Travel & Per Diem $0 $250 $0 $250 Telephone $0 $200 $200 $200 Rentals & Leases $1,200 $1,200 $1,200 $1,200 Insurance $9,706 $tO,OOO $12,396 $12,004 Printing & Reproduction $589 $350 $0 $350 Legal Advertising $2,020 $1,400 $1,435 $1,400 Office Supplies $34 $350 $0 $350 Annual District Filing Fee $0 $0 $0 $0 Other Current Charges $3,695 $2,350 $1,714 $2,350 Bad Debt $0 $90,258 $0 $0 Total Administration $79,407 $184,512 $100,121 $102,515 Page 21 Port of the Islands Community Improvement District , h \ 1 .;t.. . Enterprise Fund 401 Water & Sewer Utility Fiscal Year 2006 Actual Budget Projected Proposed FY 2004 FY 2005 FY 2005 FY 2006 Maintenance Other Contractual $5,929 $25,000 $8,504 $25,000 Telephone, Field $3,777 $2,500 $6,268 $6,300 Utilites $29,930 $32,414 $26,852 $32,414 Rental & Leases $12,247 $13,500 $12,123 $3,543 Repairs & Maintenance $37,166 $20,000 $18,956 $20,000 Operating Supplies $72,139 $75,000 $81,236 $82,000 Dues & Licenses $930 $1,500 $1,500 $1,500 Total Administration $162,118 $t69,914 $155,439 $170,757 Capital Outlay (included under Aministration) Renewal & Replacement $37,084 $250,500 $236,484 $250,000 Total Capital Outlay $37,084 $250,500 $236,484 $250,000 Total Expenditures $366,581 $696,560 $579,917 $602,600 Reserves Designated Reserves Undesignated Reserves $115,883 $178,080 $232,705 $302,026 Total Reserves $115,863 $178,080 $232,705 $302,026 Beginning Fund Balance ($704,981) ($589,Q98) ($589,098) ($356,393) Ending Fund Balance ($589,098) ($411,018) ($356,393) ($54,368) Page 22 .'} .-.. It I:~, [ I -'- U I.l ...... RESOLUTION 2005-08 LEVYING A NON AD VALOREM ASSESSMENT FOR WATER MANAGEMENT AND ROADWAY COST WITHIN THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT FOR PERIOD OCTOBER I, 2005 THROUGH SEPTEMBER 30, 2006 WHEREAS, certain improvements existing within the Port of the Islands Community Improvement District and certain costs of operation, repairs, and maintenance are being incurred; and WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District finds that the costs of operation, repairs and maintenance of the District during 2006 will amount to 1716,055 in the General Fund and 1601,519 in the Water & Sewer Fund and; WHEREAS, during 2006, the Port of the Islands Community Improvement District will be required to pay approximately 1429,850 for debt service on the District's Series 1990 Special Assessment bonds for those facilities constructed to serve property within the District; and WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District finds there are 1,128 taxable units within the District; and a portion of the assessments levied by this resolution pertaining to debt service on the District's Series 1990 Special Assessments Bonds assessed against the properties identified on the attached Exhibit "B" which shall include the six properties that were approved for this shall be levied and collected using the procedures for levying collection provided in Chapter 170, Florida Statutes. WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District finds, based upon the report of the District Engineer, that the assessments on the affected parcels of property to pay for the special and peculiar benefits is fairly and reasonably apportioned in proportion to the benefits reccived as set forth in the attached exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT; Section I. A non ad valorem assessment as provided for in Chapters 190 and 197 Florida Statutes, (hereinaftcr rcferred to as assessment) is hereby levied on the lands within the District. 1 16 i 1 . Section 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. Section 3. That the said assessment levy, and the lists of lands included in the District are hereby certified to the Collier County Appraiser on Exhibit "A" attached hereto, to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same manner and time as Collier County taxes. The proceeds therefrom shall be paid to the Port of the Island Community Improvement District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with law. PASSED AND ADOPTED, this 26th day of August, 2005 by the Board of Supervisors of the Port of the Islands Community Improvement District, Collier County, Florida. l<? L--1t~ Richard Gatti Chairman cd?~~- Assistant Secretary 2 16' 1 . DFC-40SA V. 2/97 EXHIBITS CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I, the undersigned, hereby certify that I am the Chairman of the Board, or authorized agent of Port of the Island Community Improvement District located in Collier County, Florida; as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for the aforesaid county is properly assessed so far as I have been able to ascertain, and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed herein have been made pursuant to law. I further certify that upon completion of this certificate and the attachment of same to the herein described Non-Ad Valorem Assessment Roll as a part thereof, that said Non-Ad Valorem Assessment Roll will be delivered to the Tax Collector of this county. In witness whereof, I have subscribed this certificate and caused the same to be attached to and made a part of the above described Non-Ad Valorem Assessment Roll this the Sth day of September, 2005. (Chainnan of the Board or Authorized Agent) of Port of the Islands Community Imorovement District Name of Governmental Unit or Taxing Authority Collier County, Florida Total Non Ad Valorem Assessments: $1,937,626.91 Total Record Count: 707 1 ~, , ~ ~1 i\ .1 0) ~ . EXHIBIT A 16 II . Port of the Islands Community Improvement District 2005 Non-Ad Valorem Assessment Roll - Preliminary FY2005-06 Allocated Remaining Sundby Tot.l2005 OFF ON COUNTY E2JJ2 P.rcelNuml!ti DescrlDtlon !.QLI PARCEL """-""'" """' <B<;S ...... IM..BQ!J,. IM.BQlJ. 01058920005 10589 20005 OldeFLAlnv RV BACK X, 42 0 " . 58.302.00 . 58,302.00 01058920102 10589 2G102 . $ 01058920209 10589 20209 $ $ 01058920306 10569 20300 $ $ 01058920403 10569 20403 $ $ 01058920500 10589 20500 Motwani X'V 64 64 8968 . 155,212.08 $45.94560 $ 109,266.48 01056920607 10"" 20607 North Port XI 164 0 117 $ 192.681,00 $ 192,881.00 01058920801 10589 20801 . $ 01056920908 10589 20908 $ $ 01058921004 10589 21004 $ $ 01058921101 10589 21101 $ $ 01058921208 1058' 21208 Marchand X, 146 0 143 $ 205,479.00 $ 205,479.00 01066880001 10668 80001 $ $ 01067060004 10670 800" $ $ 01067060305 10670 80305 $ $ 01067080402 10670 80402 $ $ 01067080606 10670 80606 So. Hotel 21.88 21.88 60.12 $ 85,469.88 $ 15,706.56 $ 69,763.32 01067080703 10670 60703 $ $ 01067080800 10670 80800 POI Construction ,V 8.08 808 11 . 20,84031 , 20,84031 01067080907 10670 80907 $ $ 01067081605 10670 81605 $ $ 01067082206 10670 82200 $ $ 01067062303 10670 62303 $ $ 01067063409 10670 83409 $ $ 01067063506 10670 83506 $ $ 01067063700 10670 63700 Joe Hamilton 'V 0 $ 7,110.00 $ 7,11000 01067083607 10670 83807 10,000 Isl. Dev 'V $ $ 01067083904 10670 83904 10,000 Is!' Dev. , $ . 01067084000 10670 84000 , $ $ 31417500256 314175 256 $ $ 31417500502 314175 502 $ $ 31417500751 314175 751 $ $ 31417501006 314175 1006 $ $ 31417501255 314175 1255 . $ 31417501307 314175 1307 E.....ngSta' 1 III 1 , 2,139.69 $ 2,139.69 31417501352 314175 1352 E.eningSta' 2 "' 1 $ 2,139.69 $ 2,139.69 31417501404 314175 "" EveningSla' 3 '" 0 $ 1,422.00 $ 1,422.00 31417501459 314175 1459 Evenin\1S"'" 4 III , $ 2,139.69 $ 2,139.89 31417501501 314175 1501 Evenin\1Slef 5 III 1 $ 2,139.69 . 2,139.69 31417501556 314175 1556 Evening$la, 6 III 1 $ 2,139.89 $ 2,139.69 31417501608 314175 1808 E.....ngSlar 7 '" 0,65 $ 1,666.63 $ 1,888.63 31417501653 314175 1653 E.eningSlar 8 '" 0 $ 1,42200 $ 1,422.00 31417501705 314175 1705 Evenin\1S"'" , "' 1 $ 2,139.69 $ 2,139.89 31417501750 314175 1750 EveningSta' 10 III 1 $ 2,139.69 $ 2,139.89 31417501602 314175 1802 EveningStar 11 III 1 $ 2,139.69 $ 2,139.89 31417501657 314175 1657 beningStar 12 III 0 $ 1,422.00 $ 1,422.00 31417501909 314175 190' E.ening$la, 13 III 1 $ 2,13969 $ 2,139.89 31417501954 314175 1964 E...,ingStar " "' 1 $ 2,139.89 $ 2,139.69 31417502005 314175 2005 E.....ming$la, 15 III 1 $ 2,139.89 $ 2,139.89 31417502050 314175 2050 EWl/ling$lar 16 III 0.65 $ 1,888.63 $ 1,888.63 31417502102 314175 2102 EIM!ning$tar 17 '" 1 $ 2,139.69 $ 2,139.69 31417502157 314175 2157 EWl/lingSlar 16 III 1 $ 2,139.89 $ 2,139.89 31417502209 314175 2209 EWlnlngStar 19 III 1 $ 2,13969 $ 2,139.89 31417502254 314175 2254 E.....ngSta' 20 "' 1 $ 2,139.69 $ 2.139.89 31417502306 314175 2300 E'Ol11ingSta, 21 "' 1 $ 2,139.89 $ V39.89 31417502351 314175 2351 E.eningSta, 22 III 1 $ 2,139.89 , 2,139.89 31417502403 314175 2403 E........lng$ta, 23 III 0 $ 1,422.00 $ 1.422.00 31417502458 314175 2458 EveningSlar 24 III 1 $ 2,13989 $ 2,139.89 31417502500 314175 2500 E....nlngSlar 25 III 0 $ 1,422.00 $ 1,422.00 31417502555 314175 2555 EveningSlar 26 III 0.65 $ 1,866.63 $ 1,888.63 31417502807 314175 2807 EvenlngSIaf 27 "' 0 $ 1,422.00 $ 1.422.00 31417502852 314175 2852 E.eningSlai 75 III 0 $ 1.422.00 , 1,422,00 31417502704 314175 2704 ElleningSta' 29 III 0.65 $ 1,666.63 $ 1,688.63 31417502759 314175 2759 ElleningSl8' 30 III 0 $ 1.42200 $ 1,422.00 31417502801 314175 2601 EV$IlingSla, 31 III 1 $ 2,139.89 $ 2,139.89 31417502856 314175 7556 EWl/lingSbor 32 III 1 $ 2,139.89 $ 2,139.89 31417502908 314175 2906 E......nlngSl... 33 III 1 $ 2,139.89 $ 2,139.89 31417502953 314175 2953 Ew.nlng$lar 34 '" 0.65 $ 1,888.63 $ 1,888.63 31417503004 314175 3004 EVflrlIngSl... 35 "' 1 $ 2,139.89 $ 2,139.69 31417503059 314175 3059 Ew.ningSta' 36 III 0.65 $ 1,888.63 $ 1.868.83 31417503101 314175 3101 Ellening$tar 37 '" 1 $ 2,139.89 $ 2,139.89 31417503156 31.4175 3156 ElleningS,,"r 38 III 0.65 . 1,S8a.63 $ 1,668.63 68270000021 882700 00021 Menna Sip A-1 , . $ 68270000047 682700 00047 MarinaS.p A-2 , $ $ 68270000063 682700 00083 "","""SlIp A-3 , $ $ 68270000089 682700 00089 Marina Slip A-4 , $ $ 6627??oo102 682700 00102 MEIIlnaSlip A-5 , . $ 68270000126 692700 00128 Marina Sip A-6 , . $ 68270000144 662700 00144 MaM"Sip A-7 , . $ 68270000160 882700 00160 Mann. Sip A-8 , $ $ 88270000166 682700 00186 Marine Sip A-' , . $ 68270000209 682700 00209 MlIIinaSlip A-10 , I . 68270000225 682700 00225 Marina Slip A-11 , $ $ 8827??oo241 682700 00241 M..-in.Slip A-12 , $ $ 68270000267 682700 00267 Marin. Slip A.13 , $ $ P012005Assm1Rol! Finab:ls Page 2 11/17/2005 1 t n .-'1 ., (.' ,. Allocated R.....101n1l Stlndby Totl1200S OFF ON COUNTY E.2!.l1! Parcel Number ~ bQU PARCEL ~ ""'" E.BQ! AnD. TAX~ TAX-ROLL 6827??oo283 662700 00283 Martn,SIIp A-14 I , . 6827??oo306 682700 00306 .....'" A-15 I , . 6827??oo322 882700 00322 Marln,sap A-18 I , . 6827??oo348 682700 00'" ""'Jin,SIp A-17 I . . 6827??oo364 682700 00364 ",,,,,,,,SlIp A-18 I , . 6827??oo380 682700 00380 M.maSllp A-19 I . . 68270000403 682700 00403 "'erin.SIp A.20 I , . 68270000429 682700 00429 MIHirlaSllp A-21 I , . 68270000445 682700 00445 ._'" A-22 I , . 68270000461 682700 00461 "',maSllp A-23 I , . 68270000487 682700 00487 MotlnaSlp A-24 I , . 6827000050O 682700 00$00 Ma"".SIp A-25 I , . 6827??oo526 662700 00526 "'"rin_SIip A-2<l I , . 6827??oo542 682700 00542 "'arin.Slp 8-1 I , . 6827??oo568 582700 0056' Manne Slip 8-2 I . . 6627??oo584 682700 00584 Marin. SlIp B-' I . . 68270000607 682700 000<17 Marina SIp ... I , . 68270000623 682700 00623 MlI<inaSllp 8-5 I , . 68270000649 682700 00649 MorinaSIip B-6 I , . 68270000665 682700 00865 Ikon, Slip 8-7 I , . 68270000681 682700 00861 Marin.S~ 8-, I , . 6827??oo704 682700 00704 Marin. Slip 8-9 I . . 6627??oo720 682700 00720 "'e....eSlip 8-10 I , . 6827??oo746 682700 00746 ._'" 8-11 I , , 8827??oo762 682700 00762 Matinas.\p 8-12 I , . 6827??oo788 682700 00788 Marin. Slip B-13 I , . 68270000801 682700 00801 Marina Slip B-14 I , . 68270001664 682700 016B4 MarlnaSlip 0-1 I . . 68270001680 682700 01680 Marina Sip 0-2 I , . 68270001703 682700 01703 MamaS.p 0-3 I , . 68270001729 682700 01729 MarlnaS,p O~ I , , 68270001745 682700 01745 M8r\na$lip 0-5 I , . 68270001761 682700 01761 Marina $lip M I , . 68270001787 682700 01787 "'""naSllp 0-7 I , . 68270001800 682700 01800 Marina Sip 0-8 I , . 66270001826 682700 01626 MarinaSJ;p 0-9 I , . 66270001842 682700 01842 Marina Slip 0-10 I , , 68270001666 682700 01866 Marina Sip 0-11 I , . 66270001884 682700 01884 Mari""S.p 0-12 I , . 68270001907 682700 01907 Marina Sip 0-13 I , . 68270001923 682700 01923 Marina SOp 0-" I , . 68270001949 682700 01949 MarinaS!ip 0-15 I , , 68270001965 682700 01965 "'arinaSlip 0-16 I , , 68270001981 682700 01981 Marina Slip 0-17 I , , 68270002003 682700 02003 Marina Sip 0-18 I , . 58270002029 682700 02029 Marina Sip 0-19 I , . 68270002045 682700 02045 Marina $lip 0-20 I , . 68270002061 682700 02061 MariNlSlp 0-21 I , . 68270002087 682700 02087 Marin&SIip 0-22 I , , 88270002100 682700 02100 Marina Slip 0-23 I , . 68270002126 682700 02126 MarlnaS!ip 0-24 I , , 68270002142 682700 02142 M:rrinaSlip 0-25 I , . 66270002168 682700 02168 Marina Sip 0-26 I . . 68270002184 682700 02164 Marina Sip 0-27 I . . 88270002207 682700 02207 Marina Slip 0-28 I , . 68270002786 682700 2786 MarinaS.p F-' I 88270002809 682700 "09 MarinaS.p F-2 I 88270002825 682700 2825 MarinaS.p F-3 I 88270002841 682700 2841 MarinaS.p F~ I 68270002867 682700 2887 Marina Slip F-5 I 68270002883 682700 2883 Marina Slip F-6 I 68270002906 682700 2906 Marina Slip F-7 I 68270002922 682700 2922 Marina Slip F-' , 68270002948 682700 2948 M"'naS~ F-9 I 68270002964 682700 2964 Malina Slip F-10 I 68270002980 682700 2980 Morin,Sip F-11 I 68270003002 682700 3002 Mori""Sip F-12 I 68270003028 682700 3028 Marina Sip F-13 I 88270003044 662700 3044 MarinaS.p F-14 I 68270003060 682700 3080 MariNlSlp F-15 I 68270003088 662700 3086 Marina Sip F-16 I 88270003109 682700 3109 MarlrlllSip F-17 I 68270003125 682700 3125 Ma,..,.Sip F-18 I 68270003141 682700 3141 Ma"naSlip F-19 I 68270003167 682700 3167 Marina Slip F-2D I 68270003183 882700 3183 Marina Sip F-21 I 68270003206 682700 3206 Ma,;"aSlip F-22 I 68270003222 682700 3222 Marina Slip F-23 I 68270003248 682700 3248 Marina Slip F-24 I 68270004441 682700 04441 Marin, Slip H-' I , . 68290040003 682900 40003 1 VI , 1.422.00 . 1,42200 68290080005 682900 80005 2 VI . 1,422.00 . 1,422.00 68290120004 682901 20004 3 VI , 1.422.00 . 1,42200 68290160006 682901 80006 , VI , 1,42200 . 1,422.00 682902??oo5 662902 5 5 VI , 1.422.00 . 1,422.00 68290240007 682902 40007 6 VI , 1.422.00 , 1,422.00 68290280009 682902 80009 7 VI , 1,422.00 . 1,422.00 68290320008 682903 20008 , VI . 1,42200 . 1,422.00 68290360000 6629{}3 60000 9 VI . 1,422.00 . 1,422.00 68290400009 882904 9 10 VI , 1,42200 . 1,422.00 86290440001 682904 40001 11 VI , 1,422.00 . 1,422.00 68290480003 682904 80003 12 VI , 1,422.00 . 1,42200 PQI2005AumtRoII FinaLxls Page 3 11/1712005 161 Allocated R_inlng standby Total 2005 OFF ON COUNTY E2!!<! Pucel Number DeserlDtlon bQ.UI ~ ~ Un!lI '""'-S Asse. lM1!QY. IM.BQbJ. 66290520002 682905 20002 13 VI , 1 , $ 1,422.00 $ 1,422.00 68290560004 682905 60004 " VI 1 1 , $ 1,422.00 . 1,422.00 68290600003 "'2906 3 15 VI 1 1 , $ 1,42200 $ 1,422.00 68290640005 "'2906 40005 16 VI 1 , 1 $ 1,422.00 $ 1,422.00 68290580007 682906 80007 17 VI 1 1 , $ 1,42200 $ 1.422.00 66290720006 682907 20006 18 VI 1 1 1 $ 1,422.00 $ 1.422.00 68290760008 682907 60008 19 VI , , 1 . 1,42200 $ 1,422.00 68290800007 682908 7 20 VI 1 , 1 . 1.422.00 . 1,422.00 66290840009 682906 40009 21 VI 1 , 1 . 1,422.00 . 1,422.00 68290880001 e82906 80001 22 VI , , 1 . 1,422.00 . 1,422.00 6829092??oo "'2909 2??oo 23 VI , , 1 $ 1,422.00 $ 1,422.00 68290960002 "'2909 80002 24 VI , , 1 $ 1,422.00 $ 1,422.00 68291000ooo 682910 0 25 VI , 1 , . 1,42200 $ 1,422.00 68291040002 682910 40002 26& 27 VI 2 2 2 $ 2,844.00 . 2,844.00 68291120003 882911 20003 28 VI , , 1 $ 1,422.00 $ 1,42200 68291160005 682911 60005 29 VI , 1 1 $ 1,42200 $ 1,422.00 682912QOOO4 682912 4 30 VI , 1 , $ 1,422.00 . 1,422.00 68291240006 682912 40006 31 VI , 1 , . 1,422.00 . 1,422.00 68291280008 682912 80008 32 VI , 1 , . 1,422.00 . 1.422.00 68291320007 682913 20007 33 VI 1 1 , . 1,422.00 . 1,422.00 6821>1380009 682913 60009 34 VI 1 1 , $ 1,422.00 $ 1,42200 68291400008 682914 8 35 VI 1 1 , $ 1,422.00 . 1,42200 6829144??oo 682914 4??oo 36 V, 1 1 , $ 1,422.00 . 1,422.00 68291480002 082914 60002 37 VI 1 1 1 $ 1,422.00 $ 1,422.00 68291520001 682915 20001 $ $ 6830??oo108 683000 'OB TRACT A VIII 6 6 10 $ 16,386.06 . 16,366.06 68300000205 683000 205 TRACT B VIII 6 6 10 $ 16,386.06 . 16,366.06 68300001204 683000 1204 TRACT C IX 0 0 . . 683??oo1259 "'3000 1259 TRACT C IX 0 0 , . 68300001301 683000 1301 , . 683??oo1550 683000 1560 , . 68300001806 "'3000 1806 , . 68300002054 "'3000 2054 , $ 68300002083 "'3000 2083 The Cays 4 X , . 2,486.85 , 2,466.85 68300002106 683000 2106 TheCayo 5 X , . 2,486.85 , 2,466.85 68300002122 683000 2122 The Cays 6 X 1 . 2,486.85 , 2,466.85 68300002148 683000 2148 The Cays 7 X , . 2,486.85 , 2,466.85 68300002164 683000 2154 The Cays 8 X , . 2,486.85 . 2,486.85 683??oo2180 "'3000 2180 TheCaya , X 1 , 2,486.85 , 2,486.85 68300002203 683000 2203 TheCaya 10 X 1 . 2,486.85 . 2,466.85 66300002229 683000 2229 The Cars 11 X 1 . 2,486.85 , 2,466.85 68300002245 683000 2245 TheCsys 12 X 1 . 2,486.85 , 2,466.85 66300002261 663000 2261 n,eCoy$ 13 X 1 . 2,486.85 . 2,486.85 68300002287 683000 2267 TheCayo 14 X 1 . 2,486.65 , 2,466.85 68300002300 683000 2300 T....CB)'S 15 X 1 . 2,486.65 , 2,486.85 68300002326 683000 2326 T....Caya " X 1 . 2,486.85 , 2,486.85 68300002342 "'3000 2342 Tile Cays 17 X 1 . 2,486.85 , 2,486.85 68300002368 "'3000 2368 T....Caya 18 X 0 , 1,422.00 , 1,422.00 68300002384 "'3000 7384 TheCars 19 X 05 . 1,954.43 , 1,954.43 68300002407 683000 2407 TheCaya 20 X 1 . 2,486.65 . 2,466.85 68300002423 "'3000 2423 TheC""!,,, 21 X , . 2,486.65 . 2,466.85 68300002449 683000 2449 The Cays 22 X 0 . 1,422.00 $ 1,422.00 683??oo2465 683000 2465 TheC""!,,, 23 X 1 . 2,486.85 , 2,486.85 683??oo2481 683000 2481 The Cays 24 X , . 2,486.85 $ 2,466.85 68300002504 "'3000 2504 The Cays 25 X , . 2,486.65 , 2,486.85 66300002520 683000 2520 n,eCayo 26 X 1 . 2,486.85 . 2,488.65 68300002546 683000 2546 TheCaya 27 X 0 . 1,42200 , 1,422.00 68300002562 "'3000 2562 The Cars 28 X 0 . 1,422.00 , 1,422.00 68300002588 "'3000 2588 Th.Cays 29 X 0 . 1,422.00 , 1,422.00 68300002601 683000 2601 n.acers 30 X 1 , 2,486.65 , 2,466.85 66300002627 "'3000 2627 ~C~ 31 X , , 2,486.85 , 2,486.65 68300002643 "'3000 2643 Tl>eCers 32 X , . 2,466.85 , 2,466.85 683??oo2669 683000 2669 TheC..,.. 33 X 0 . 1,422.00 , 1,422.00 88300002685 683000 2685 The Cays 34 X 0 , 1,422.00 , 1,422.00 88300002708 683000 2708 ThaCays 35 X 0 , 1,422.00 , 1,422.00 88300002724 "'3000 2724 Th..Cays 36 X 1 . 2,486.85 , 2,486.65 68300002740 683000 2740 Th..Cars 37 X 1 , 2,466.85 , 2,486.85 66300002766 683000 2786 ThaCa,.. 38 X 1 $ 2,486.85 $ 2,486.85 66300002782 "'3000 2782 ~~" 38 X 0 $ 1,422.00 , 1,422,00 68300002605 683000 2805 The Cays 40 X 0 . 1,422_00 . 1,422.00 66300002621 "'3000 2821 The C.,.. " X 0 . 1,422.00 . 1,422.00 66300002647 683000 2647 ,~"'" 42 X 0 . 1,422.00 , 1,422.00 66300002663 683000 2"'3 The Cays 43 X , $ 2.488.85 $ 2,48685 68300002889 683000 2889 ThoC..,.. 44 X 0.5 $ 1,954.43 $ 1,954.43 683??oo2902 683000 2902 Th..C..,.. 45 X 1 $ 2,486.65 $ 2,486.85 68300002928 683000 2928 ThaCays 46 X 1 . 2,486.85 , 2,466.85 68300002944 683000 2944 ThO Cays 47 X 0 . 1,422.00 $ 1,422.00 68300002960 683000 2960 ThoCaya 48 X 1 , 2,488.85 , 2,466.85 68300002966 683000 2986 The Cays 49 X 1 , 2,486.85 , 2,486.85 68300003008 683000 3008 TheCaje 50 X 0 . 1,422.00 , 1,422.00 68300003024 683000 3024 ThaC9j8 51 X 0 . 1,422.00 , 1,422.00 68300003040 683000 3040 The C.,.. 52 X 1 . 2,486.85 , 2,486.65 683??oo3066 683000 3066 TheC..,.. 53 X , . 2,48685 , 2.486.85 6B300003062 683000 3082 TheC9j8 $4 X 0 . 1,422.00 , 1,422.00 68300003105 683000 3105 TheC..,.. 55 X 0 . 1,422.00 . 1,42200 68300003121 683000 3121 TheCllY'l 56 X 1 . 2,486.85 $ 2,48685 68300003147 683000 3147 ThoCaje 57 X 0 , 1,422.00 $ 1,422.00 68300003163 ""000 3163 TheC",", 58 X 05 . 1,954.43 , 1,954.43 68300003189 683000 3169 Tho Cays 59 X 05 , 1,954.43 , 1,954.43 68300003202 683000 3202 The Cays 60 X 0 , 1,422.00 , 1,42200 68300003226 683000 3228 Theee,.. 61 X 0 . 1,422.00 , 1,42200 66300003244 683000 3244 TheC..,.. 62 X 0.5 . 1,95443 . 1,954.43 P012005Assm1RolI Final.;o:ls Page 4 "" ..1., . 11/1712005 16' Allocated RalTllllnlnll Standby ToI,I2005 OFF ON COUNTY ~ PlrcelNumber ~ !.2I.1 PARCEL QebtUnlls ""'" ERCS ~~!!l, TAX ROLL TAX ROLL 66300003260 683000 3260 The C.,.. 63 X , 0.5 , . 1,95443 . 1,954.43 68300003286 683000 3286 Th.C~ 64 X , , , . 2,48665 . 2.486.65 66300003299 6B3000 3299 Th.c~ 65 X , 0 , . 1,42200 . 1,42200 663??oo3309 863000 3369 TI>IC~ 66 X , , , . 2.48685 . 2,486.85 68300003325 863000 3325 'M,- 67 X , 0 , . 1,42200 . 1,422.00 68300003341 683000 33" ThaC"Y' 66 X , 05 , . 1,95443 . 1,954.43 68300003367 683000 3367 ThaClOyOo 69 X , 0 , . 1,42200 . 1,422.00 68300003383 683000 3363 Th.c~ 70 X , 0 , , 1,42200 . 1,42200 .630000_ 683000 3'" Thee. " X , 05 , . 1,95443 . 1.954.43 683O<lOO3422 683000 3422 ThoCayo 72 X , 0 , . 1,42200 . 1,422.00 663()()()()3<<6 683000 3446 Th<lCeyo 73 X , 05 , . 1,95443 . 1,954.43 683??oo3464 683000 3464 ThaC8yO " X , 0 , . 1,42200 . 1.422.00 68300003480 683000 3480 Th.Cava 75 X , 0 , . 1,42200 . 1,422.00 68300003503 683000 3503 Th.C~ 76 X , 05 , . 1.95443 . 1,954.43 66300003529 663000 3529 Th.c~ 77 X , , , . 2,48665 . 2,486.85 68300003545 683000 3545 rr.eC".,... 76 X 1 0.5 , . 1,95443 . 1,954.43 683??oo3561 683000 366' Thee.yo 79 X , 0 , . 1,42200 . 1,422.00 68300003587 683000 3587 Tn,Cays 80 X , 05 , , 1,95443 . 1,95443 683??oo3600 683000 3600 Thee".,... 67 X , , , . 2,48685 . 2,486.65 68300003626 683000 3626 TheCays 62 X , , , . 2.48685 . 2.486.85 683??oo3642 663000 3642 TMCays 63 X , , , . 2.48685 . 2.486.65 88300003668 663000 3666 Thee.,.. " X , , , , 2,48685 . 2,486.65 683??oo3684 683000 36" TheC. 65 X , 0 , . 1.42200 . 1,422.00 68300003707 683000 3707 TheC"l'" 66 X , , , . 2.486.85 . 2,486.85 68300003723 683000 3723 TMC..,... 87 X , , , . 2,486.85 . 2.486.85 68300003749 663000 3749 TheC""", 66 X 1 0 , . 1,42200 . 1.422.00 68300003765 683000 3765 TheC""", 69 X , , , . 2,48685 . 2,486.85 68300003781 683000 3781 TheC..,.. 90 X , , , . 2,48685 . 2,486.85 68300003604 683000 3804 TMC..,.. " X , , , . 2.48685 . 2,486.85 68300003820 683000 3820 _0." 92 X , 0 , . 1,42200 . 1,422.00 68310000020 683100 20 "~- A-101 I 0,61 0,58 06 . 1,550.93 . 1,550.93 6831()()()()()46 683100 46 -- A-102 I 0,61 000 06 . 1,13760 . 1,137.60 683100000B2 683100 62 -- A-103 I 061 000 0.6 , 1,13760 . 1,137.60 6831??oo088 663"0 66 H_Soun, A-104 I 0.61 0,35 0.6 . 1,38560 . 1,385.60 6831??oo101 683100 '" "~- A-105 I 0,61 035 06 . 1,385.60 . 1,385.60 6831??oo127 683100 '" H..,,_ A-106 I 0,61 0.35 06 . 1,38560 , 1,365.60 68310000143 683100 "3 "~- A-107 I 0,61 035 06 . 1,38560 . 1,385.60 68310000169 683100 "9 -- A-108 I 0,61 035 06 . 1,38560 . 1,385.60 68310000185 683100 "5 -- 8-109 I 0,61 058 0.' . 1.55093 . 1,550.93 6831??oo206 683100 208 -- 6--110 I 0.61 0.00 0.' . 1,13760 . 1,137,60 6831??oo224 663'00 224 -- 8-111 I 0,61 058 0.' . 1,55093 , 1,550.93 6631??oo240 683100 2" -- 6--112 I 0,61 0,35 06 . 1,38560 . 1,385.60 6631??oo266 683100 266 H..oI_ 8--113 I 0,61 0,56 06 , 1,55093 . 1,550.93 68310000262 683100 262 "~- 8-114 I 0.61 0,35 0.' . 1,38560 . 1,385.60 68310000305 683100 305 "~- 8-115 I 0,61 0.35 0.' . 1,38560 . 1,385,60 6831??oo321 683100 '" -- 8-116 I 0.61 0.35 0.' . 1,385.60 . 1,385.60 6831??oo347 683100 347 -- C-125 I 0,61 000 06 . 1,13760 . 1,137.60 6831??oo363 683100 363 "~- C--126 I 0.61 0.58 0.' . 1,55093 . 1,550.93 6831??oo389 663'00 369 -,- C-t27 I 0,61 058 0.' . 1,550.93 . 1,550.93 68310000402 683100 402 "~- C-128 I 0.61 0,35 06 . 1.38560 . 1,385.60 66310000428 683100 426 "~- C-129 I 061 0,35 0.' . 1,385.60 . 1,385.60 68310000444 683100 <<4 -.- C-130 I 0.61 0,35 0.' . 1,38560 . 1,385.60 68310000460 883100 460 H..oI_ C-131 1 0.61 0,58 06 . 1,55093 . 1,550.93 6831??oo486 683100 466 -- C-132 I 0.61 0.58 0.6 . 1,55093 . 1,55093 6831??oo509 683100 509 -- C--133 I 061 0.35 06 . 1,38560 . 1,385.60 68310000525 683100 525 "~- C-134 I 0,61 000 06 . 1,13760 . 1,137,60 6831??oo541 683100 54' H_SQulh C-135 I 061 0.35 06 . 1,38560 . 1,385,60 6831??oo567 683100 667 H..",_ C-136 I 0.61 0.23 06 . 1,302.93 . 1,302.93 68310000583 683100 563 H",,_ C-137 I 0.61 0.35 0.' . 1,385.60 . 1,385.60 68310000606 683100 606 -~ C-138 I 0.61 0.00 06 . 1,137.60 . 1,137.60 68310000622 683100 622 -- C-139 1 0.61 0.35 0.' . 1,38560 . 1,385,60 68310000646 683100 .46 "~- C--140 1 061 000 O. . 1,137.60 . 1,137.60 68310000664 683100 864 "~~ C--141 I 0.61 0.58 06 . 1,550.93 . 1,550,93 68310000680 883100 660 "~- 0-150 I 061 0.35 0.' . 1,385.60 , 1,385.60 6631??oo703 683100 703 -~" 0-151 I 0.61 0.35 06 . 1,36560 . 1,38560 6831 ??oo729 683100 729 -- 0-152 I 0.61 0.35 06 . 1,36560 . 1,385.60 6631??oo745 683100 745 _So,",h 0-153 I 0.61 0.58 0.6 . 1,55093 . 1,550,93 6831??oo761 663100 7" -~" 0-154 I 061 05' 0.6 . 1,55093 . 1,550,93 6831??oo787 683100 767 "~- 0-155 I 0.61 0.58 O. . 1,550.93 . 1,550,93 6831??oo600 683100 600 -- [>'56 I 0,61 056 0.' . 1,550.93 . 1,550.93 6831??oo826 683100 626 "~- 0-157 I 0,61 0.35 0.' . 1,385.60 . 1,385.60 68310000842 683100 "2 -- E-158 1 081 000 0.' . 1,137.60 . 1,137.60 88310000668 683100 666 -.- E-t59 I 0.61 0.35 06 . 1,385.60 . 1,385.60 6831??oo864 683100 684 HoI"SOUIl E-160 I 0.61 0.58 06 . 1,55093 . 1,550,93 6831 ??oo907 683100 907 H"",_ E-161 I 0.61 0.23 0.' . 1,30293 . 1,302.93 6831??oo923 683100 923 -~~ E"162 I 0.61 000 0.' . 1.13780 . 1,137.60 6831??oo949 683100 949 -~" E-163 I 0.61 0.23 05 . 1,302.93 . 1,302.93 88310000965 683100 965 Il..<lSoulh E-164 I 0.61 0.58 0.6 , 1,55093 . 1,550.93 68310000961 683100 9" _'Soulh E-165 I 0.61 035 06 . 1,385.60 . 1,385.60 68310001003 663100 1003 _, South F-174 I 0.61 000 0.' . 1.137.60 . 1,137.60 68310001029 683100 1029 H...,Soulh F-175 I 0" 0.35 0.' . 1,385.60 . 1,385,60 68310001045 683100 '045 HoIolSoulh F-176 I 0" 0.35 0.6 . 1,38560 . 1,385.60 68310001081 683100 "" H....S..-., F-l77 1 0.61 0.23 06 . 1,30293 . 1,302.93 68310001087 683100 1087 H..oI_ F-178 I 0.61 0.35 O. . 1,365.60 . 1,365.80 68310001100 683100 "00 _.~ F.179 I 0.61 0.35 0.6 . 1,385.80 . 1,385.60 68310001126 683100 1126 _.~ F-180 I 0" 0.35 06 . 1,36560 . 1,365,60 68310001142 683100 1142 HotoISoo.oh F-181 I 0.61 000 0.' . 1,137.60 . 1,137.60 68310001168 683100 1168 HoI"'SouIh F-182 I 0.61 035 06 . 1,385.60 . 1,385.60 68310001184 663100 1184 Hol"SQulh F183 I 0.61 0.35 05 . 1,38560 . 1,385.60 66310001207 683100 1207 "'""'Soulh F-274 I 0.61 035 05 . 1,38560 . 1.385.60 66310001223 683100 1223 H,",,'Sow!h F.275 I 0.61 000 06 . 1,137.60 . 1,137.60 68310001249 683100 1249 H_Soulh F-276 I 0" 0.35 0.' . 1,38560 , 1.38560 PO!2005AssmIRoU Final.xls PageS 1 .t . 11/1712005 1 ,. I I, 1 0 . Allouted Remaining Standby Tollt2005 OFF ON COUNTY Folio Parcel Number ~ bQU ....... DebtUn1t1 ""'" <BO> ~ TAX ROlL TAX ROLL 68310001265 683100 1265 -- F-277 0.61 0.35 0.' S 1,385.50 S 1,385.60 68310001281 683100 1281 -- F-278 0,61 0.35 o.e S 1,385.60 S 1,385.60 68310001304 683100 '304 -- F-279 0.61 000 0.' S 1,137.60 S 1,137.60 68310001320 663100 1320 -- F-280 0.61 0.35 0.' S 1,385.60 S 1,385.60 68310001346 683100 1346 -- F-281 0,61 0.00 0.' S 1,137.60 S 1,137.60 68310001362 663100 '362 -- f.282 061 000 0.' S 1.137.60 S 1,137.60 66310001366 683100 ''''' -- f.283 061 0.58 06 S 1,550.93 S 1,550.93 66310001401 683100 "')1 -- G-11? 0.61 0.58 06 S 1,550.93 S 1,550.93 68310001427 683100 1427 -- G-118 061 0.00 0.' S 1,13760 S 1,13760 68310001443 683100 "" -- G-119 0,61 0.58 0.' S 1,550.93 S 1,55093 68310001489 663100 '0169 -- G-120 0,61 0,00 o.e s 1,137.60 S 1,137.60 68310002400 683100 2<00 --- M-Cl 0,61 0,58 oe S 1,550.93 S 1,550.93 68310002426 683100 2426 "~- M-C2 061 0.58 D.. S 1,550.93 S 1,550.93 68310002442 683100 2....2 _.- M-C3 061 0.58 0.' S 1,550.93 S 1,550.93 68310002468 683100 "'68 --- M-C4 0.61 0.58 06 S 1,550.93 S 1,S5O.93 68310002484 683100 2'" --- M-CS 061 058 06 S 1,550.93 S 1.SS0.93 68310002507 683100 2507 -- M-C8 I 061 058 06 S 1,550.93 S 1,SS093 68310002523 683100 2523 -- M-C7 I 0.61 058 06 S 1,550.93 S 1,55093 68310002549 683100 2549 --- M-C8 I 0.61 0.58 06 S 1,550.93 S 1,55093 68310002581 683100 "'" ftaI.s.,.,., M-252 I 0.61 0.58 o.e S 1,550.93 S 1,55093 68310002604 683100 2604 -- M-253 I 061 058 O. S 1,S50.93 S 1,550.93 68310002620 683100 262<l --- M-254 I 0.61 0.58 0.' S 1,55093 S 1,55093 68310002646 683100 2646 -- M-255 I 0.61 0.00 0.6 , 1,13760 I 1,13760 68310002862 683100 2682 "~- M-268 I 0.61 0.58 0.' S 1,550.93 I 1,550.93 68310002688 683100 2668 -- M-257 I 0.61 0.58 0.' S 1,55093 S l,S50.93 68310002701 683100 2701 Hol..SoIAh M-258 I 0.61 0.00 o.e , 1,13760 S 1.137.60 68310002727 683100 2727 --- M-259 I 0.61 0.35 06 S 1,38560 S 1.38560 68310002743 683100 2743 "~- M-260 I 0.61 000 06 S 1,137.60 I 1,13760 68310002769 683100 2769 --- M-261 I 0.61 0.58 0.' S 1,550.93 S 1,55093 68310002785 683100 2785 "~- M-262 I 0.61 0.56 06 S 1,550.93 I 1,55093 68310002608 683100 2eoe --- M-263 I 061 0.56 O. S 1,550.93 S 1,550.93 68310002824 683100 2824 Hol..Soulll M-264 I 0.61 0.56 06 S 1,550.93 S 1,550.93 74890000301 746900 ,., TRACT M-1 IX 67 67 5366 S 141,734.93 S 55,94567 S 85,789.26 74890000408 748900 ..., Common Area S S 74890000602 748900 '02 TRACT M-2 IX-TractM2 0 0 '" S 2,374.74 S 2,374.74 74890000660 748900 660 S S 7489??oo709 748900 709 S S 74890000725 746900 725 Stella Maris 22 IX 0 OS S 1,279.80 S 1,279.80 74890000741 748900 "" Stella Maris 23 IX 0 OS S 1,279.80 S 1,279.80 74890000767 748900 767 SleII<IMIlris '" IX 0 oe s 1,279.80 S 1,279.80 74890000783 746900 7B3 stela_ 25 IX , 08 S 2,114.81 S 2,114.81 74890000806 748900 806 StobM... 26 IX 0 o,e s 1,279.80 S 1,279.80 74890000822 748900 822 St.M... 27 IX 0 o.e s 1,279.80 S 1,279.80 7489??oo848 748900 .., St....MIl.... 26 IX , o,e s 2,114.81 S 2,114.81 7489??oo864 748900 e.. Stell. MIl.. 29 IX , o,e s 2,114.81 S 2,114.81 74890000880 748900 660 Stella MIllis ,. IX 0 o,e , 1,279.80 S 1,279.80 74890000903 748900 90' SteCaMari. 31 IX , o,e s 2,114.81 S 2,114.81 74890000929 748900 929 StellaMar1a 32 IX , o.e s 2,114.81 S 2,114.81 74890000945 748900 "" St"""Mari$ 33 IX , OS S 2,114.81 S 2,114.81 74890000981 748900 '" SlellaMoris " IX , o,e , 2,114.81 S 2,114.81 74890000987 748900 967 SlallaM.rio 35 IX 0 o,e s 1,279.80 S 1,279.80 74890001009 748900 1009 StellaMa,;" 36 IX , o,e s 2,114.81 I 2,11481 74890001025 748900 1025 stel.Man. 37 IX 0 o,e , 1,279.80 S 1,279.80 74890001041 7"900 1041 StollaMo,;" " IX 0 0.8 S 1,279.80 S 1,279.80 74890001087 748900 '007 StellaMo". '9 IX 0 08 S 1,279.80 S 1,279.80 74890001083 748900 1083 SlellaMoris ... IX 0 o.e s 1,27S.80 S 1,279.80 74890001108 748900 1106 SlellaM.ria '" IX 0 De s 1,279.80 I 1,279.80 74890001122 748900 1122 SlobM.,;" '" IX 0 oe s 1,279.80 S 1,279.80 74890001148 748900 1148 SlellaMaria '" IX , De s 2,114.81 S 2,114.81 74890001164 748900 1164 S1l!hMaria .... IX 0 o,e s 1,279.80 S 1,279.80 74890001180 748900 1180 SleilaM.ria '" IX 0 0.8 S 1,279.80 S 1,279.80 74890001203 748900 1203 SteIIaM.ria 016 IX , 0,8 S 2,11481 S 2,114.81 74890001229 748900 1229 S1eIIaM.ris '" IX , o,e s 2,114.81 S 2,114.81 74890001245 748900 1245 SteIIaM.ria '" IX , o,e s 2,114.81 S 2,114.81 74890001261 748900 1261 Stella Moria '" IX , o,e s 2.114.81 S 2,114.81 74890001287 748900 1287 Sle11.Maris 50 IX 0 oe s 1,279.80 S 1,279.80 74890001300 748900 1300 SleIaM.ris 51 IX 0 De s 1,279.80 S 1,279.80 74890001326 748900 1326 Stal\aM.ris 52 IX , De s 2,114.81 S 2,114.81 74890001342 748900 1342 StellaM3IiI 53 IX , oe s 2,114.81 S 2,114.81 74890001368 748900 '36e SleIIaMaria '" IX , oe s 2,114.81 S 2,114.81 74890001384 748900 '364 StebMaria 55 IX , oe s 2,114.81 S 2,11481 74890001407 748900 1407 stelaM"",, 56 IX 0 oe s 1,279.80 S 1,279.80 74890001423 748900 1423 5bllaMaris 57 IX 0 o,e s 1,279.80 S 1.279.80 74890001449 7016900 1449 S"'.oM&ria 56 IX 0 o.e s 1,279.80 S 1,279.80 74890001485 748900 '016' Stella Maoris 59 IX 0 os S 1,279.80 S 1,27980 74890001481 748900 1481 Stella Mario eo IX 0 OS S 1,279.80 S 1,279.80 74890001504 748900 1504 Stell. Maris " IX , oe s 2,114.81 S 2,114.81 74890001520 748900 1520 Stella Maria 62 IX , oe s 2,114.81 S 2,114.81 74890001546 7016900 '54' S_Maria 63 IX , o,e s 2,114.81 S 2,114.81 74890001562 748900 '562 Stell. Maria '" IX , o.e s 2,114.81 S 2,11481 74890001588 748900 1588 stela Moris 65 IX , o.e s 2,114.81 S 2,114.81 74890001601 748900 1601 stell. Maria 68 IX , 0.8 S 2,114.81 S 2,114.81 74890001827 748900 1627 SlelIaMa,;" 67 IX , 0.8 S 2,114.81 S 2,114.81 74890001643 748900 ,.., Sla11aMan. 68 'X , 0.6 S 2,114.81 S 2,114.61 74890001669 748900 1669 Slw/IaMa,;" e9 IX , 06 S 2,114.81 S 2,114.81 74890001685 748900 1685 Sle/1aMlIIiII 70 IX 0 0.8 S 1.27980 S 1,279.80 74890001708 748900 1708 Sle1laMoria 71 IX 0 os S 1,279.80 S 1,27980 74890001724 748900 1724 SlellaMorio 72 IX , os S 2,11481 S 2,11481 75530000822 755300 622 SunriaeCoy '" " , os S 2,02385 S 2,023.85 7553??oo848 755300 .., Sun_Cay "2 " , OS S 2,02385 S 2.023.85 75530000664 755300 IJ6.I Sunrise Cay ,~, " 0 o.e s 1,27980 S 1,279.80 75530000880 755300 660 Sunrise Cay ", " , o.e , 2,02385 S 2,02365 POl2005AssmtRolt Final.xls Pase6 11/1712005 1 6 , 1 .. ",'.i . Alloe.ted Remelnlng Standby TohII200S OFF ON COUNTY WJ! P.rcelNumber QescriDtlon .bQL' pARCEL ~ JJ..n~ ~B!;s Asses. TAX ROLL IA>l..!ll1U. 75530000903 755300 903 SunrloeCoy 6.' " 1 1 0' $ 2,023.85 $ 2.023.85 75530000929 755300 929 Sunr1aeCay 6.' " 1 1 OS $ 2,023.85 $ 2.023.85 75530000945 755300 94' Sunrise Coy 67 " 1 1 OS $ 2,02385 $ 2,023.85 75530000961 755300 961 Sunr1uC"Y ,,' " 1 1 OS $ 2.023.85 $ 2,023.85 75530000987 755300 987 Sun,.,.eCoy 7,1 II 1 1 OS $ 2,023.85 $ 2,023.85 75530001009 755300 1009 SunriHC8\' 72 II 1 1 OS $ 2,023.85 $ 2,023.85 75530001025 755300 102' SunllMCoy n II 1 1 OS $ 2,023.65 $ 2,023.85 75530001041 755300 1041 SunrlncllY 7.' " 1 0 OS $ 1,27980 $ 1,27960 75530001067 755300 1067 Sunr1uCoy 7.' II 1 1 0' $ 2,023.85 $ 2,023.85 75530001063 755300 1083 Sunrl&eCay 7~ " 1 1 OS $ 2,023.85 $ 2,023.85 75530001106 755300 1108 SunriHCity n II 1 1 OS $ 2,023.65 $ 2.02385 75530001122 755300 1122 Sun....C.y 7e " 1 1 OS $ 2,023.85 $ 2,023.85 75530001148 755300 1148 Sun...CII)' el II 1 1 OS $ 2,02385 $ 2,023.85 75530001164 755300 1164 SunnnCoy e,2 " 1 1 OS $ 2,023.85 $ 2,023.85 75530001160 755300 1180 Sunri8eCey '.3 II 1 1 De $ 2,023.85 $ 2,023.85 75530001203 755300 1203 SunnaeCey ,., II 1 1 OS $ 2,023.85 $ 2,023_85 75530001229 755300 1229 SunoseCey ,., II 1 0 De $ 1,279.80 $ 1,279.80 75530001245 755300 1245 Sun_Cey e.6 II 1 0 0.' $ 1,279.80 $ 1,279.80 75530001261 755300 1261 SumioeCey '.7 II 1 1 OS $ 2,02385 $ 2,023.85 75530001287 755300 1287 SunrlSeCey ,., II 1 1 OS $ 2,023_85 $ 2,02385 75530001300 755300 1300 Sun_Cey " II 1 1 OS $ 2,023.85 $ 2,02385 75530001326 755300 1326 SunrisflCey ~1O II 1 1 OS $ 2,023.85 $ 2,023_85 75530002024 755300 2024 Sunrise Cey II 1.101 II 1 1 OS $ 2,023_85 $ 2,023.85 75530002040 755300 2040 SunrioeCa}'1I 1.102 II 1 1 De $ 2,023.85 $ 2,023.85 75530002066 755300 2006 SunnaeCoyll 1.103 II 1 0 OS $ 1,279.80 $ 1,279.80 75530002082 755300 2082 Sunrioe Cay II 1-104 II 1 1 0.' $ 2,023_85 $ 2,023.85 75530002105 755300 2105 SunrioeCeyII 1-201 II 1 1 OS $ 2,023_85 $ 2,023.85 75530002121 755300 2121 Sumi.eCeyII 1.202 II 1 1 De $ 2,023_85 $ 2,023.85 75530002147 755300 2147 SunriseC,,\,1I 1-203 II 1 1 OS $ 2,023_85 $ 2,023.85 75530002163 755300 2163 SunrioeCeyII 1-204 II 1 1 OS $ 2,023.85 $ 2,023.85 75530002189 755300 2189 SunrioeCeyII 2-101 II 1 0 OS $ 1,279_80 $ 1.279.80 75530002202 755300 2202 Sunrise CII)I II 2.102 II 1 0 De $ 1,279.80 $ 1,279.80 75530002228 755300 2228 Sunris<tC....11 2-103 II 1 0 OS $ 1,27980 $ 1,279.80 7553000224-4 755300 2244 Sunrioe Cay II 2-104 II 1 1 OS $ 2.023_85 $ 2,023.85 75530002260 755300 2260 Sunrise Cey II 2-105 II 1 1 De $ 2,023_85 $ 2.023.85 75530002286 755300 22116 Sunrioe Cay II 2-201 II 1 1 OS $ 2,02385 $ 2,023.85 75530002309 755300 2309 Sunrise Coy II 2-202 II 1 1 OS $ 2.023_85 $ 2,023.85 75530002325 755300 2325 Sun..... Cay II 2-203 II 1 1 0.' $ 2,023_85 $ 2.023.85 75530002341 755300 2341 Sunrise Ca}' II 2.204 II 1 0 0.' $ 1,279.80 $ 1,279_80 75530002367 755300 2367 SunrioeC3y11 2-205 II 1 1 0.' $ 2,023.85 $ 2,023.85 75530002383 755300 2383 Sunri&e Cay II 3-101 II 1 1 OS $ 2.023.85 $ 2.023_85 75530002406 755300 2406 Sunrise CII)I II 3.102 II 1 1 0,' $ 2,023.85 $ 2,023.85 75530002422 755300 2422 Sunri&eCa}'1I 3-103 II 1 1 0.' $ 2,023.85 $ 2,023.85 75S30002448 755300 244' Sunrir;eCII)III ~104 II 1 0 o.e $ 1,279.80 $ 1,279_80 75530002464 755300 248' Sunrise Cay II 3-201 II 1 1 OS $ 2.023.85 $ 2,023_85 75530002480 755300 2480 Sunrise CII)I II 3-202 II 1 1 De $ 2,023.85 $ 2,023_85 75530002503 755300 2503 Sunrise Cay II 3-203 II 1 0 0.' $ 1,27980 $ 1,279_80 75530002529 755300 2529 Sunrioe Cay II 3-204 II 1 0 OS $ 1,279_80 $ 1.279.80 75530002545 755300 234' Sunrise Cay II 4-101 II 1 1 OS $ 2.02385 $ 2,023_85 75530002561 755300 2561 Sunrioe Cay II 4-102 II 1 1 OS $ 2,023.85 $ 2,023.85 75530002587 755300 2587 Sunrise Cay II 4-103 II 1 1 o.e $ 2,023.85 $ 2,023_85 75530002600 755300 2600 Sunrise Cay II 4-104 II 1 1 o.e $ 2.023.85 $ 2,023_85 75530002626 755300 2626 Sunrise Coy II 4-201 II 1 0 De $ 1,279.80 $ 1,279_80 75530002642 755300 2642 Sunrioe Cay II 4.202 II 1 1 OS $ 2,02385 $ 2,023_85 75530002668 755300 2668 Sunrise Coy II 4.203 II 1 1 De $ 2,023_85 $ 2.023_85 75530002684 755300 2854 Sunrise Cay II 4.204 II 1 0 De $ 1.279_80 $ 1,279_80 75530002707 755300 2707 Sunrme Cay II 5--101 II 1 1 De $ 2,02365 $ 2,023.85 75530002723 755300 2723 Sunrise Cay II 5.102 'I 1 1 OS $ 2,02365 $ 2,023.85 75530002749 755300 2749 Sunrioe Cay II 5.103 II 1 0 o.e $ 1,27980 $ 1,279.80 75530002765 755300 2765 Sunrioe Cay II 5-104 II 1 0 OS $ 1,279_80 $ 1.279_80 75530002781 755300 2781 Sunns.. Cay II 5-201 II 1 1 0.' $ 2,023_85 $ 2,023.85 75530002804 755300 2804 Sun.... Cay II 5-202 II 1 1 OS $ 2,02385 $ 2,023.85 75530002820 755300 2820 Sunris~ Coy II 5-203 II 1 0 0.' $ 1,279.80 $ 1,279.80 75530002646 755300 2846 Sunns@Cayll 5--204 II 1 1 OS $ 2.023_85 $ 2,023.85 75680000028 756800 00028 SlH;1"OYLAI<ES Condo 1501 IV 0.67 0.67 0.' S1,653_60 $ 1,853.60 75680000044 756800 00044 SUNSETCJ..<LAK<S Cood<:> 1502 IV 0_67 0.67 0.' $1,65360 $ 1,653.60 75680000060 756800 00060 3UNSETC'-,,-,,.H Condo 1503 IV 0.67 0_67 OS $1,653_60 $ 1,653.60 75680??oo86 756800 000116 SlJNSETC.V>Al<E5 Condo 1504 IV 0.67 0_67 OS $1,653_60 $ 1,653.60 75680000109 756800 00109 SlMS<TCAY'-'KEs Gondo1505 IV 067 087 0.' $1.653.80 $ 1,653.60 7568??oo125 756800 00125 SUI'IS8CAY\..lK,S Condo 1506 IV 0.67 0.67 OS $1,653.60 $ 1,653.60 75680000141 756800 00141 .......'CMlAKES Condo 1507 IV 0_67 067 oe $1,653_60 $ 1.653.60 7568??oo167 756800 00167 S'-"'SETc'oV,-^",S Condo 1508 IV 0_67 0.67 05 $1,653_60 $ 1,653.60 75680000183 756800 00183 s.....snC.".LAKES Condo 1509 IV 0.67 067 OS $1,653.60 $ 1,653.60 75680000206 756800 00206 Sl.NS[TC'YLAK" Condo 1510 IV 0.67 000 OS $1,279.80 $ 1,279.80 7568??oo222 756800 00222 s_n r.AY LA""," Condo 1511 IV 0_67 0.67 OS $1,653.60 $ 1,653_60 7568??oo248 756800 00248 SlO;SEJC;J.YlMES Condo 1512 IV 067 0.67 0.' $1,653_60 $ 1,653.60 75680001027 756800 01027 SUNSETC>".A.fS Condo 1601 IV 0.67 0_67 05 $1,653.60 $ 1,653.60 75660001043 756800 01043 S<_'''''ETC^,'-AKE5 Condo 1602 IV 067 0.67 OS $1,65360 $ 1,653.60 75880001069 756600 01069 .WSETG.>YLAI<E. Condo 1603 IV 0.67 0.67 0.' $1,653_60 $ 1,653_60 75680001085 756800 01085 .C....,.,CAYLA~.S Condo 1604 IV 0.67 0.67 0' $1.653_60 $ 1,653.60 75680001108 756800 01108 'lJNSETCA<LA.," COlloo1605 IV 0_67 000 OS $1,27980 $ 1,279_80 75680001124 756800 01124 SVNSETC"n^"ES Condo 1606 IV 0.67 000 05 $1,27960 $ 1,279.80 75680001140 756800 01140 SUNSETC>Y'ME, Condo 1607 IV 0.67 000 OS $1,27980 $ 1,279.80 75680001166 756800 01166 SVNSETCAY,M," Condo 1608 IV 067 067 oe $1,653.60 $ 1,653.60 75680001522 75e800 01522 ''-'''SETC,oYCA'''5 Condo 1701 IV 067 0.67 o.e $1.653_60 $ 1.053.60 75680001548 756800 01548 SVNSHc.oYlA"€S CondQ 1702 IV 067 000 OS $1,27980 $ 1,279_80 7568000156<1 756800 01564 SL_ETCAVLA""" Condo 1703 IV 067 0_67 OS $1,65360 $ 1,653.60 75660001580 756800 01580 SUNSETc.oy,,",S Condo 1704 IV 0.67 0_07 De $1,65360 $ 1,653.60 75680001603 756800 01603 SlINSETCMLME> Condo 1705 IV 0.67 0.67 0.' $1.65360 $ 1,653.60 75680001629 756600 01629 '''""ETe,,,,",S Condo 1706 IV 0.67 0.67 OS $1,653_60 $ 1.653.60 75680001645 756600 01645 'LN_'''CAY,""'' Condo 1707 IV 067 000 oe $1,27980 $ 1,279.80 75680001661 756800 01661 "JNSHC.A> ""e5 Condo1l08 'V 0.67 0.67 OS $1,653.60 $ 1,65360 P012005AssmtRolI Final.xls Pagel 1111712005 f.;;.'", Allocated RerMlnlnll Standby Totaf2005 OFF ON COUNTY E!>ll<> Parcel Number - LQU PARg:j, DebtUnltll ""'" ~R.kS ~ TAX.BQJ"b IM.BQb!. 75680001687 7""00 01687 !M<8ETC><V"ES Condo 1709 IV 067 0.67 DB $1,65360 . 1,65360 75/380001700 756800 01700 SUNSETG",'''',S Condo 1710 IV 0.67 000 DB $1,27980 . 1,279.80 75680001726 756800 01726 5I..'NS€TG>.''''',S Condo 1711 IV 0.67 000 OB $1,27980 . 1,279.80 75680001742 756800 01742 .........,C~.'_. Condo 1712 IV 0.67 067 OB $1,65360 . 1,653.60 756BOOO1823 7""00 01823 ..........TG>....Eo Unit 1801 IV 0.67 067 DB $1,65360 . 1,653.60 75680001849 756800 01849 ~ETc~r,.,.os Unit 1802 IV 067 067 O.B $1,65360 . 1,653.60 75680001865 756800 01865 $lJNSETCO-.,.....S Unil1803 IV 067 0.87 O.B $1,653.60 . 1,65360 75680001881 7""00 01881 S~'CJoll-"<E' Unit 1804 IV 0.67 0.67 O.B $1,653.60 . 1,65360 15680001904 756800 01904 "'-""l<TCJoTL.AAE' Unit 1805 IV 0.67 0.67 DB $1,653.60 . 1,65360 75680001920 756800 01920 "'-""'E.e_H.""E. Unill806 IV 0.67 0.67 DB $1,65360 . 1,653.60 75680001946 7""00 01948 SUOISE'C"L.AAES Unil1807 IV 0.67 0.67 O.B $1,65360 . 1,653.60 75680001962 756600 01962 ..........c.......ES Unil1808 IV 0.67 0.67 DB $1,65360 . 1,653.60 75690001020 756900 1020 sunselC~11 501 V 1 1 DB . 1,99769 . 1,997.69 75690001046 756900 10," SunMl Cay II 502 V 1 0 DB . 1.27980 . 1,279.80 75690001002 756900 1062 SunMl Cay II S03 V 1 1 DB . 1,99769 . 1,997.69 75690001088 756900 1066 Sun.el Cay II 504 V 1 1 DB . 1,99769 . 1,997.69 7569000110t 756900 1101 SunMlC~1I 505 V 1 0 O.B . 1.279,80 . 1,279.80 75690001127 756900 1127 Sun.elC8YII 500 V 1 1 OB . 1,99769 . 1,99769 75690001143 756900 1143 SUntlel Coy II S07 V 1 0 O.B . 1,27980 . 1,27980 75690001169 756900 1169 SunMlCoy11 SOB V 1 0 O.B . 1,279.80 . 1,27960 75690001185 756900 1185 Suns81 C...,. ~ S09 V 1 1 DB . 1,99769 . 1,99769 75690001208 756900 1206 SunselC~1I 510 V 1 0 DB . 1,27960 . 1,279.80 75690001224 756900 1224 SunMl Cay II 511 V 1 0 OB . 1,279.80 . 1,279.60 75690001240 756900 1240 SunMl Cay II 512 V 1 1 DB . 1,99769 . 1,997.69 75690001266 756900 1256 SunMl Cay II 601 V 1 1 DB . 1,991.69 . 1,997.69 75690001282 756900 1262 Sunsel Cay II 602 V 1 1 DB . 1,997.69 . 1,99769 75690001305 756900 1305 SunslllClIYII 603 V 1 1 DB . 1,997.69 . 1,997.69 75690001321 756900 1321 S\ln8.elC8yll 604 V 1 0 DB . 1,279.80 . 1,219.80 75690001347 756900 1347 $ur.o.8{Cayll 605 V 1 1 O.B . 1,99169 . 1,997.69 75690001363 756900 1363 SU"'let Cay II 600 V 1 0 DB . 1,279.80 . 1,279.80 75690001389 756900 1389 Svnsel Cay II 607 V 1 1 OS . 1,997.69 . 1,997.69 75690001402 756900 1402 SUllSelCayl1 60B V 1 1 O.B . 1,99769 . 1,997.69 75690001428 756900 1428 Sun&elCayl 609 V 1 1 DB . 1,997.69 . 1,997.69 75690001444 756900 1444 Su"",,,Cayll 610 V 1 0 DB . 1,279.80 . 1,279.80 75690001460 756900 ''''' Sunset Cay ~ 611 V , , O.B . 1,997.69 . 1,997.69 75690001486 756900 1466 Sunoet Cay II 612 V 1 1 O.B . 1.997.69 , 1,997.69 75690001745 756900 1745 Sun$f:l Cay II 601 V 1 0 O.B , 1,279.80 . 1.279.60 75690001761 756900 1761 Sunoel Cay II B02 V 1 1 O.B . 1,997.69 . 1,997.69 75690001787 756900 1787 Sun5el Cay II 603 V 1 0 O.B . 1,279.80 . 1,279.80 75690001800 756900 1800 SunselC"I'1I 604 V 1 1 DB . 1,99769 . 1,997.69 75690001826 756900 1826 Sunfoel ClJ'f II 805 V 1 0 08 , 1,27980 . 1,279.80 75690001642 756900 1642 SUfl$f!l Cay II BOO V 1 1 08 , 1,99769 , 1,997.69 75690001868 756900 166B Sun&e1 Cay II 607 V 1 1 08 , 1,99769 . 1,997.69 75690001884 756900 1884 SunselCayll 60B V 1 1 08 . 1,997.69 . 1,997.69 75690001907 756900 1907 SunselCayll B09 V 1 0 O.B . 1,279.80 . 1,279.80 75690001923 756900 1923 SunselCayll 610 V 1 1 DB , 1,991.69 . 1,99769 75690001949 756900 1949 Sunse\C8)'11 611 V 1 1 O.B , 1,997.69 . 1,997.69 75690001965 756900 1965 Sun.etCayU 612 V 1 0 O.B . 1,27980 . 1,279.80 7569OOD2029 756900 2029 Sur>581 Cay III 701 V 1 1 O.B . 1,997.69 . 1,997.69 75690002045 756900 2045 Suns81 Cay III 702 V 1 0 O.B , 1,279.60 . 1,27980 75690002061 756900 2001 Sun.etCaylll 703 V 1 1 O.B . 1,997.69 . 1,99769 75690002067 756900 2007 SunG8\C8)'1l1 704 V 1 0 O.B , 1,279.80 . 1,279.80 75690002100 756900 2100 Suneel Cay I~ 705 V 1 1 DB . 1,99769 . 1,997.69 75690002126 756900 2126 SunMI Cay III 700 V 1 0 08 . 1,279.80 . 1,279.80 75690002142 156900 2142 Sunsel Cay III 707 V 1 0 08 . 1,279.80 . 1,219.80 75690002168 756900 2168 Sun"", Cay III 70B V 1 1 DB . 1,99769 . 1,997.69 75690002184 756900 2164 Su""", Cay III 901 V 1 0 08 , 1,279.80 . 1,279.80 75690002201 756900 2207 Sunoel Cay III 902 V 1 1 O.B . 1,997.69 . 1,997.89 75690002223 756900 2223 SunsotCaylll 903 V 1 1 O.B . 1,99769 . 1.997.69 75690002249 156900 2249 SlITlGe!Ca1111 904 V 1 1 O,B . 1,997.69 . 1,997,69 75690002265 156900 2265 Sunset C8Y III 905 V 1 1 O.B . 1,997.69 . 1,991.69 75690002281 156900 2281 SunselCayl1l 900 V 1 1 DB . 1,997.69 . 1,99769 75690002304 756900 2304 SunoelClOyll1 907 V 1 1 DB . 1,997.69 . 1.991.89 75690002320 756900 2320 SunoelC>ry1l1 90B V 1 0 OB , 1,279.80 , 1,279.80 75690003028 756900 3026 Sun.'" Cay IV 1001 V , 1 DB . 1,997.69 , 1,997,69 75690003044 756900 3044 SUnselClIlIlV 1002 V 1 1 O.B . 1,997.69 . 1,997.69 75690003060 756900 3000 SunsetCaylV 1003 V 1 1 O,B . 1,997.69 . 1,997.69 75690003086 756900 3006 Sunset Cay W 1004 V 1 0 O.B . 1,279.80 . 1,279_80 75600003109 756900 3109 SUnset Cay IV 1005 V 1 1 O.B . 1,997.69 . 1,997.69 75690003125 756900 3125 Sun.eICeyIV 1000 V 1 1 O.B . 1,997.69 . 1,997.69 75690003141 756900 3141 Sunsel Cay IV 1007 V 1 1 0.8 . 1.997.69 . 1,997.69 75690003161 756900 3Hl7 Sunsel Cay IV 1008 V 1 1 O.B . 1,99769 . 1,997.69 75690003183 755900 3183 Sunoel Cay IV 1009 V 1 1 O.B . 1,997.69 . 1,997.69 75690003206 756900 3200 SunoetCaylV 1010 V , 1 O.B , 1,997.69 . 1,997.69 75690003222 756900 3222 sun.etellYl" 1011 V 1 1 O,B . 1,991.69 . 1,997.69 75690003248 156900 3248 SunsetClIYlV 1012 V 1 1 O.B . 1,997.69 . 1,997.69 75690003329 756900 3329 SunletCayV 1101 V 1 1 08 . 1,997.69 . 1,997.69 75690003345 756900 3345 Sunsel Csy V 1102 V 1 1 08 . 1,997.69 . 1.997.69 75690003361 756900 3361 SunselCayV 1103 V 1 1 08 , 1,99H;9 , 1,997.69 75690003387 756900 3387 Sun."'CayV 1104 V 1 1 DB , 1,997.69 . 1,997.69 75690003400 756900 3400 Sun.etCayV 1105 V 1 0 O.B . 1.279.80 . 1,27980 75690003426 756900 3426 Sunoet cej' V "00 V 1 1 O.B . 1,997.69 . 1,997.69 75690003442 756900 3442 Sunwl Cay V 1107 V 1 0 OB . 1,279.60 . 1,27960 75690003468 766900 3486 SUIlOelC...,.V 1108 V 1 1 DB . 1,99769 . 1,997.69 75690003633 756900 3633 Sun."'CayVI 1201 V 1 1 0.8 . 1,997,69 . 1,997.69 75690003659 756900 3659 SunselCayVI 1202 V 1 1 0.8 . 1,997.69 , 1,997.69 75690003675 756900 3675 SunMlCayVI 1203 V 1 1 DB . 1,997.69 . 1,997.69 75690003691 756900 3691 Sun,ol Cay VI 1204 V 1 1 O.B . 1,99769 . 1,997.69 75690003714 756900 3714 SUll5etC"'fVI 1205 V 1 1 DB . 1,99769 , 1,997.69 75690003730 756900 3730 sunsa!C"'fV1 1206 V 1 1 O.B . 1,997.69 . 1,99769 75690003756 156900 3756 Sun.et Cay VI 1207 V 1 1 OS , 1,99769 . 1,99769 75690003772 756900 3712 Sunsel Cay VI 1208 V 1 1 DB . 1,997.69 . 1,99769 Por2005AssmtRoU FinaLxls PageS I, " 11/17/2005 1 6 ! ,'1 , 1 " Allocated R_lninll Standby Tolll2005 OFF ON COUNTY E2ll2 Pucel Number Qncrlotlon !..Qil PARCEL Deblllnlts I.ln!!f ~f!QS Asses ~ IMBQjJ, 75690003798 756900 3798 $un6e1CIOyVI 1209 V 1 0 oa S 1,279.80 S 1,279.80 75690003811 756900 3811 5v".etc....VI 1210 V 1 0 oa S 1,279.80 S 1,279.60 75690003837 756900 3837 $un&tll ClOy VI 1211 V 1 1 O. S 1.997.69 S 1.997.69 75690003853 756900 3853 Sun.lIle....VI 1212 V 1 1 0.' S 1.997.69 S 1,997.69 75690004027 756900 4027 Sun.BlCayV'1 1301 V 1 1 0.' S 1,997.69 S 1.997.69 75690004043 756900 "., $unaolC..,.VII 1302 V 1 1 0.' S 1.99769 S 1,99769 75690004069 756900 '069 $unlelCayVII 1303 V 1 1 oa S 1,997.69 S 1,99769 75690004085 756900 4085 Sunael Cay VII 1304 V 1 1 oa S 1,997.69 S 1.99769 75690004106 756900 4108 SuooalCoyVl1 1305 V , , 0.' S 1,997.69 S 1,997.69 75690004124 756900 4124 $"".., (8\'VII 1306 V 1 1 0.' S 1,997.69 S 1,99769 75690004140 756900 4140 Sun..tCIYVII 1307 V 1 1 oa S 1,99769 S 1,997.69 75690004166 756900 "56 Sun..lCIYVII 1306 V , 1 0.' S 1.997.69 S 1,99769 75690004522 756900 4522 Sun~CayVIII 1401 V 1 1 oa S 1,997.69 S 1,997.69 75690004548 756900 4546 Sunse1 Cay VIII 1402 V 1 1 0.' S 1,99769 S 1.997.69 75690004564 756900 ''''' Sun.elCayvlII 1403 V , , oe S 1,997.69 S 1,997.69 75690004560 756900 4580 SunOelCayVl1I 1404 V 1 1 oe S 1,997.69 S 1,997.69 75690004603 756900 4603 SU~'elCayVIII 1405 V , 0 0.' S 1,279.60 S 1,279.80 7569OOO4a29 756900 4629 Sun..,ICayVIII "06 V 1 , oe S 1,997.69 S 1,99769 75690004645 756900 <6<5 Su~.'" Cay VIII 1407 V 1 1 oa S 1,997.69 S 1,997.69 75690004661 756900 '561 Su~selCayV'1I 1408 V , 0 oa S 1,279.80 S 1,279.80 75690007024 756900 07024 Sunsel Cay XI 301 V , , oa S 1,997.89 S 1,997.69 75690007040 756900 07040 SUOSelCayXI 302 V 1 1 O. S 1,997.69 S 1,997.69 75690007066 756900 07066 Suosel Cay XI 303 V 1 , oa S 1,997.69 S 1,997.69 75690007082 756900 07082 SunselC""XI 30< V 1 1 0.8 S 1,997.69 . 1,99769 75690007105 756900 07105 SunoelCayXI 305 V 1 1 0.' S 1,997.69 S 1,997.69 75690007121 756900 07121 Sunsel Cay XI 306 V 1 1 oa S 1,997.69 S 1,997.69 75690007147 756900 07147 Sunoel Cay XI 307 V 1 1 oe S 1,997.69 S 1,99769 75690007163 756900 07163 Sun""l C.~ XI 30a V 1 1 0.' . 1.99769 . 1,997.69 75690007189 756900 07189 Sunoel Cay XI 30a V 1 0 oe S 1.279.80 S 1,279.80 75690007202 756900 07202 SU~'-"lCa-y XI 310 V 1 0 oe S 1,279.80 S 1,279.80 75690007228 756900 07228 Sunsel Cay XI 311 V 1 , 0.8 S 1,99769 S 1,997.69 75690007244 756900 07244 SU~OclCayXI 312 V , , oa S 1,997.69 S 1,997.89 75690010024 756900 10024 Sun""lCay '- 201 V 1 1 oe S 1,99769 . 1,997,69 75690010040 756900 10040 Sunoel Cay X 202 V 1 1 oa S 1,99769 S 1,997.69 75690010066 756900 10066 SunoPl Cay X 203 V 1 , 0.' S 1,997.69 S 1,99769 75690010082 756900 10082 Sun"", Cay X 20< V , 1 oa S 1,99769 S 1,997.69 75690010105 756900 10105 SunOcl Cay X 205 V 1 1 oe S 1,997.69 S 1,997.69 75690010121 756900 10121 SUflSelCa-yX '06 V , 0 0.' S 1.279.80 S 1,279.80 75690010147 756900 10147 SunoelC"l'X 207 V 1 1 oe S 1,997.69 S 1.997.69 75690010163 756900 10163 SunOclCayX ,oa V 1 1 oa S 1,997.69 S 1,997.69 75690014185 756900 14185 SunoetCa-yXII '" V , , oa S 1,997.69 S 1,997.69 75690014206 756900 14208 SUnsel Cay XII '" V 1 , 0.8 S 1,997.69 S 1.997.69 75690014224 756900 14224 Sunsel Cay XII "3 V 1 1 0.' S 1,997.69 S 1,997.69 75690014240 756900 14240 SunoetCoyXII ,0< V 1 , 0.' S 1,997.69 S 1,997.69 75690014266 756900 14266 SU....etC"l'XII "5 V 1 1 oe S 1,997.69 S 1.997.69 75690014282 758900 14282 SUnoel Cay XII '06 V 1 0 O. S 1,279.80 S 1,279.80 75690014305 756900 14305 Sufl&et Cay XII "7 V 1 , O. S 1,997.69 S 1,997.69 75690014321 756900 14321 SUnoe!CayXII "8 V , 1 0.' S 1,997.69 S 1,997.69 75690014347 756900 14347 Sun""ICa-yXII '" V 1 1 oe S 1,997.69 S 1,997.69 75690014363 756900 14363 SunOelC'YXII "0 V 1 0 0.' S 1,279.80 S 1.279.80 75690014389 756900 14389 Sunsel Cay XII '" V , 1 oe S 1,997,69 S 1,997.69 75690014402 756900 14402 Sunset Cay XII '" V 1 0 oe S 1,279.80 S 1,279.80 75690070022 756900 70022 Sun.et Cay IX 101 V 1 0 0.' S 1.279.80 S 1,279,80 75690070048 756900 7004. Sunsel Cay IX 102 V , , oe . 1,997.69 . 1,997.69 75690070064 756900 70004 Sunoel Cay IX 103 V 1 1 oa S 1,997.69 S 1,997.69 75690070080 756900 70080 SunoetCaylX 10< V 1 1 0.' S 1,997.69 S 1.997.69 75690070103 756900 70103 Sun"'" C"Y IX: 105 V 1 1 0.' . 1,997.69 S 1,997.69 75690070129 756900 70129 Sun.eIC'YIX: 106 V , 1 oa S 1,997.69 S 1,997.69 75690070145 756900 70145 Sunsel Cay IX: 107 V 1 1 oa S 1,997.69 S 1,997.69 75690070161 756900 70161 Sunset Cay IX loa V 1 0 oa S 1,279.80 S 1,279.80 80457609029 804576 0902' Condo 2001 IX-TractM2 , 0 oe S 1,279.80 . 1,279.80 80457609045 804576 090<5 Condo 2002 IX-TracIM2 1 1 0.' S 2,114.81 S 2.114.81 80457609061 804576 09061 "" STE1.'.~""'" Condo 2003 (X-TractM2 1 1 0.' S 2,114.81 S 2,114.81 80457609087 804576 09087 Condo 2004 IX-TractM2 , 1 0.' S 2,114.81 S 2,114.81 80457609100 804576 09100 Condo 2005 IX-TractM2 1 1 oa S 2.114.81 S 2.114.81 80457609126 804576 09126 Condo 2006 IX-TractM2 1 1 0.' S 2,114.81 S 2,11-4.81 80457609142 804576 09142 V~STHL'~AArs Condo 2007 IX-TractM2 , 0 0.' $ 1,279.80 S 1,279.80 80457609168 8045" 09168 """'"'U"""'S Condo 2008 IX.TraCIM2 , 1 0.' S 2,11481 S 2,114.81 80457610021 804576 10021 "''''''".....'''" Condo 2101 IX-TractM2 , 1 0.' S 2,114.81 S 2,114.81 80457610047 804576 10047 Condo 2102 IX-TractM2 , , oe $ 2,114.81 S 2,114.81 80457610063 804576 10063 VlISTEl......AAIS Coi'ldo2103 IX.TractM2 , 0 0.8 . 1,279.80 . 1.279.80 60457510089 8045" 10089 ,OSTEl"""""'5 Condo 2104 IX.TractM2 1 1 0.' . 2,114.81 S 2.114.81 80457610102 004576 10102 'O'Tlf''''''''.'" Condo 2105 IX-TractM2 1 1 0.' $ 2,11481 S 2,114.81 80457610128 804576 10128 v. STE".~"",S Condo 2106 IX-TractM2 1 , 0.' . 2,114.81 S 2,114.81 80457810144 804576 10144 Condo 2107 IX-TracIM2 , 1 oa S 2,114.81 . 2,114.81 80457610160 604576 10160 Condo 2106 IX.TracIM2 1 1 oe . 2,114.81 S 2,114.81 80457610322 804578 10322 v. ST"'<'~"1S Condo 2201 IX-TractM2 1 , 0.' S 2,114.81 S 2,114.61 80457610348 804576 10348 CondO 2202 IX-TractM2 , 0 0.8 S 1,279.80 . 1,279,80 80457810364 804576 10364 V..1H""~.'''S Condo 2203 IX-TracIM2 1 1 0.' . 2,114.81 S 2,114.81 80457610380 804576 10380 Condo 2204 IX-TracIM2 1 , oe . 2,114.81 S 2,114.81 80457610403 804578 10403 v. STEu'~."'s Condo 2205 IX-TractM2 , 1 oe S 2,114.81 S 2,114,81 80457810429 804576 10429 V."'Hl.~'.r5 Condo 2206 IX-TracIM2 , 0 oe S 1,279.80 S 1279.80 80457610445 804576 10445 V.STEl""'." Condo 2207 IX-TracIM2 1 1 oe . 2,11461 S 2,114.81 80457610461 604576 10461 vo """,,~.",. Condo 2208 IX-TractM2 1 , oe S 2,114.81 S 2,114.81 80457610623 604576 10623 Condo 2301 IX-TractM2 1 1 oe . 2,114.81 S 2,114.81 80457610649 604576 10649 "" STELl. ~AA" Condo 2302 IX.TracIM2 , 1 oa S 2,11481 S 2,114.81 80457610665 804576 10665 '0 STE"'~'"" Condo 2303 IX.TractM2 1 , oa S 2,114.81 S 2,11481 60457610681 804576 10681 ," S'H"~..'" Condo 2304 IX-TractM2 1 , 0.' S 2,114.81 S 2.114.81 80457610704 604576 10704 VNI "n"L' ~."," COrldo2305 IX-TractM2 , 0 oa S 1,279.80 S 1,279.60 80457610720 804576 10720 "" "TEL..~""", Condo 2306 IX-TracIM2 1 1 oa S 2.114.81 S 2,114.61 80457810746 604576 10746 "0 """.~'"" Condo 2307 IX-TradM2 1 , oa S 2,114.81 S 2,114.61 60457610762 804576 10762 COrldo2308 IX-TractM2 1 , oe S 2,114,81 S 2,114.81 POl2005AssmlRoII Final xis Page 9 11/1712005 1611 . Allotatad R.malninll Standby Tot.12005 OFF ON COUNTY E2!I2 PucelNumber DescrlDtlon '""-' PARCEL OeblUnlts ~ ~~ ASSes, TAX ROLL IMJlQl.l, 60457610788 804576 10788 V..TEle....RlS Condo 2309 IX-TradM2 , , 08 2,11481 2.114.61 80457610801 804576 10801 V..rElC....Rr. Condo 2310 IX-TraclM2 , 0 08 1,279.80 1,27980 J I Total ASSEl55ed Allocateo Total 1057.85156 Remaing Total 554.210886 Standby Total 10326 Total Off Tax Roll On Tax Roll $ 1 937.626.91 1$ 117 597.83 I $ 1820029.08 Reconcile to Variance 751,510037 1032,6 $1,937,61330 (197.30) 000 $ 1362 JTotal Parcel COUllt $ 1.937,626.91 Allocated Units'" 1059 PrepaidedTotal:o (307.49) 751,5100373 POI200SAssmIRolI Finalxls Page 10 11/1712005 1 b fl \ 1 u w Port of the Islands Community Improvement District 10300 NW 11th Manor Coral Springs, Florida 33071 INVOICE FOR NON AD VALOREM ASSESSMENTS Date: To: 8-Sep-05 Due Date: PORT OF THE ISLANDS HOTEL & RESORT OF NAPLES LLC 1158 Peregrine Way Weston, FL 33327-2368 31-Mar-06 For: 2005 Non Ad Valorem Debt Assessment NON AD VALOREM ASSESSMENTS Tax Parcel Parcel Units Rate Amount Due 1058920500 Capital Assmt XIV 64 $ 717.90 $ 45.945.60 ITotal Amount Due $ 45,945.60 I Amount Due if Paid bv: 11/30/2005 12/31/2005 1/31/2005 2/28/2005 3/31/2005 4/30/2005 $44.107,78 $ 44.567.23 $ 45,026.69 $ 45,486.14 $ 45,945.60 $ 50,540.16 ITotal Amount Due $ 45,945.60 I Make Remittance to: Port of the Islands Community Improvement District Luis Hernandez. Special Assessments 10300 NW 11th Manor Coral Springs, Florida 33071 (954) 753-0380 Page 1 16\1 · Port of the Islands Community Improvement District 10300 NW 11th Manor Coral Springs, Florida 33071 INVOICE FOR NON AD VALOREM ASSESSMENTS Date: To: 8-Sep-05 POIDEVELOPMENTINC Due Date: 31-Mar-06 5672 Strand Ct Ste 1 Naples, FL 34110-3343 For: 2005 Non Ad Valorem Debt Assessment Tract M-1 NON AD VALOREM ASSESSMENTS Tax Parcel Parcel Units Rate Amount Due 74890000301 Capital Assmt IX 67.000 $ 835.01 $ 55,945.67 ITotal Amount Due $ 55,945.671 Amount Due if Paid bv: 11/30/2005 12/31/2005 1/31/2005 2/28/2005 3/31/2005 4/30/2005 $ 53,707.84 $ 54,267.30 $ 54,826.76 $ 55,386.21 $ 55,945.67 $ 61,540.24 ITotal Amount Due $ 55,945.671 Make Remittance to: Port of the Islands Community Improvement District Luis Hernandez, Special Assessments 10300 NW 11th Manor Coral Springs, Florida 33071 (954) 753-0380 Page 1 4 f J_,.... '-/ c.., Ii .1 , RESOLUTION 2005-09 A RESOLUTION RESCINDING RESOLUTION 2005-03 AND DESIGNATING EDWARD GOSCICKI AS SECRETARY AND JEAN M. RUGG AS ASSISTANT SECRET AR Y OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District has previously adopted Resolution 2005-02 designating Rich Hans as Secretary of the District; and WHEREAS, it is the desire of the Board of Supervisors of the Port of the Islands Community Improvement District to rescind Resolution 2005-02 and to appoint Edward Goscicki as Secretary and Jean M. Rugg as Assistant Secretary; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMNET DISTRICT: I. Edward Goscicki is appointed Secretary; and 2. Jean M. Rugg is appointed Assistant Secretary. Adopted this 26th day of August, 2005. 1?r. 't\t Richard Gatti Chairman 4?'~ Assistant Secretary 1611 . RESOLUTION 2005-10 A RESOLUTION REMOVING KAREN ELLIS AS TREASURER AND DESIGNATING JANICE MOEN LARNED AS TREASURER AND REMOVING JAMES P. WARD AS ASSISTANT TREASURER AND DESIGNATING EDWARD GOSCICKl AS ASSISTANT TREASURER OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District desires to remove Karen Ellis as Treasurer and to appoint Janice Moen Lamed as Treasurer, and remove James P. Ward as Assistant Treasurer and to appoint Edward Goscicki as Assistant Treasurer; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT: 1. Janice Moen Lamed is appointed Treasurer. 2. Edward Goscicki is appointed Assistant Treasurer. Adopted this 30th day of August, 2005. ~,~~ Da e Lambert Vice Chairman ~ Ted Bissell Secretary 1611 . RESOLUTION 2005-1 OA A RESOLUTION REMOVING KAREN ELLIS AS TREASURER AND DESIGNATING JANICE MOEN LARNED AS TREASURER AND REMOVING JAMES P. WARD AS ASSISTANT TREASURER AND DESIGNATING EDWARD GOSCICKl AS ASSIST ANT TREASURER OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the Port of the Islands Community Improvement District desires to remove Karen Ellis as Treasurer and to appoint Janice Moen Lamed as Treasurer, and remove James P. Ward as Assistant Treasurer and to appoint Edward Goscicki as Assistant Treasurer; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT: I. Janice Moen Lamed is appointed Treasurer. 2. Edward Goscicki is appointed Assistant Treasurer. Adopted this 30th day of August, 2005. 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N N ...... " o co .... , 1611 iI PARKSON CORPORATION ... the environmental technology company . Quotation Page 1 of9 NUMBER: TO: 900201C Hole Montes Engineers 950 Encore Way Naples, FL 34110 Attn: Ronald E. Benson, Ph.D., P.E. Tel: 2392542000 Fax: 239 254 2097 E-Mail: RonBenson@HoleMontes.com DATE: REF.: August 22, 2005 Port of the Islands WlNTP Upgrade Port of the Islands, FL Parkson Corporation is pleased to provide this quotation for the following: ITEM 1 ONE (1) DynaLift™ MBR MEMBRANE SYSTEM (Parkson reference #900201C) 1.ABasis of Desian: (Influent Description) Application: Influent Average Flow: Influent Peak Flow: BOD(5): TSS: TKN: NH3: PHOS: Municipal Wastewater 0.2 MGD 0.2 MGD Typical municipal (100 - 250 mg/I) Typical municipal (100 - 250 mgll) no data available no data available no data available 1.BEauipment Description: 1. A total of (2), DynaLift ™ membrane skids, each containing 1 0 membrane modules with PVC housings. Each membrane module is approximately 8" diameter x 120" long and connected to the skid piping at the top and bottom using a victaulic style coupling. Each DynaLift membrane skid is approximately 4.9' wide x 8.3' long x 14.6' high and is complete with SS frame; SS and/or PVC connecting piping; (1) DynaUft diffuser per membrane module; skid feed and discharge piping; skid backwash piping; skid permeate piping; permeate pump with VFD controller; skid air feed piping; and miscellaneous hardware. Skids are shipped assembled and ready for installation and connection to yard piping (provided by others). 2. A total of (3), submersible DynaLift membrane feed pumps (one per membrane skid), each sized to provide 880 GPM of flow at approximately 20 feet of head (head to be determined by Hole Montes). Pumps will be low speed, low shear submersible pumps designed to pump MLSS. The third pump is an installed spare. Each pump is supplied with mounting rails and hardware. Each pump will have a manual throttling valve. Soft starts are required for these feed pumps to prevent excessive pressure shock to the membranes (MCC by others). 1 lb: _, i:' PARKSON CORPORATION ... the environmental technology company o 3. A total of (2), Dynalift membrane, positive displacement blowers (one per membrane skid), each capable of providing 120 SCFM of air at 6.7 psig discharge pressure. Each positive displacement blower package is complete with blower, mounting platform (table top style), V-belt drive and guard, motor, inlet filter/silencer, pressure relief valve, flexible discharge connector, check valve, discharge pressure gauge, isolation butterfly valve, discharge silencer and sound enclosure. There is no spare blower provided. 4. A total of (1), pump skid, including (1) Triplex backwash pump system and (1) duplex permeate discharge pump system, including (3) close coupled, centrifugal backwash pumps (includes one spare), each pump sized for 200 GPM at the required head, and (2) close coupled, centrifugal permeate discharge pumps (includes one spare), each pump sized for 140 GPM at the required head, with required isolation valves, control valves, piping and fittings. Pump materials include stainless steel body and impeller. Piping will be schedule 80 PVC. 5, A total of (2), submersible MLSS recycle pumps, each sized for 140 GPM of flow at approximately 20 feet TDH (head to be determined by Hole Montes). Pumps will be low speed, low shear submersible pumps designed to pump MLSS. The second pump is an installed spare. Each pump is supplied with mounting rails and hardware. Each pump will have a manual throttling valve. 6. A total of (1), opaque, covered poly tank for permeate storage. Includes an overflow and a low level switch. Tank volume is approximately 2200 gallons. 7. A total of (1), chemical feed system including metering pump, 10-gallon tank, calibration column, injection point, and injection isolation solenoid valve for feeding hypochlorite solution for chemical cleaning. 8. A total of (1), chemical feed system including metering pump, 50-gallon tank, calibration column, injection point, injection isolation solenoid valve and mixer for feeding citric acid solution for chemical cleaning. 9, A total of (1), remote mount Dynalift membrane control system for operation of the membrane skids, including automatic control of the filtration, backwash and manual chemical clean cycles. Permeate flow will be controlled in a stepwise manner (low, average, high) based on the liquid level in the first anoxic zone. Nema 4 enclosure. 10. Process instrumentation including pressure transmitters for proper operation of the membrane skids; permeate flow transmitter and level transmitter/indicator for the first anoxic tank. This will provide the signal to control the permeate rate from the Dynalift membrane system. 11. All non-submerged motors will have TEFC rated enclosures with an internal, 120 heater. 12. Parkson will provide all valves and controls, mechanical or electrical, associated with Parkson supplied equipment. If Parkson determines that additional valves or controls are required prior to final acceptance of the system, Parkson will also provide these valves and controls. 13. All anchors required for installing Parkson supplied equipment. ITEM 2 SERVICES 2.ADrawintls and Installation. Operation and Maintenance 1I0&MI Manuals: 1. Approval Drawings: 6 sets of prints included 2. IO&M Manuals: 6 included Additional manuals are available for $75 USD at time of order. 2 10\1 iI PARKSON CORPORATION ... the environmental technology company . 3. At the conclusion of acceptable performance testing, the IO&M manual will be revised to reflect as-built conditions and materials. 2.Blnstallation of Parkson Suoolied Eauioment 1. Unloading, uncrating and installation of the components supplied by Parkson as detailed under item 1.8 Equipment Description. Installation will require a forklift and a crane/hoist, which will be provided by Parkson's installing contractor. The site must be easily accessible for this equipment. 2. Final pipe connections and final electrical connections to the Parkson supplied pieces of equipment only. All other field piping and electrical installation, including the installation of field valves and controls supplied by Parkson, is the responsibility of others. 3. Removal of the aeration equipment in the reaeration basin where the submersible feed pumps will be located. The airline will be capped at or near the top of the wall. All other modifications to the existing equipment, plant or structures is the responsibility of others. 2.CStart-Uo I Onlloinll Assistance: Parkson will furnish one factory representative as required to assist in installation oversight, start-up, performance testing and operator training. Once the performance test is passed, Parkson will provide two onsite service visits per year (maximum 3 days each) at no charge for the first two years of operation. Additional onsite trips will be charged at Parkson's normal rate of $800 per person per day plus travel and living expenses. The owner agrees to provide the membrane system operating data to Parkson on a monthly basis and Parkson will prepare a semi-annual written performance summary report for the owner during the first two years of operation. Unlimited phone support for the operation and maintenance of the Parkson supplied equipment will be provided at no charge. Parkson will regularly monitor the system operation via modem (phone service provided by owner). 3 1611 il PARKSON CORPORATION .., the environmental technology company . 2.DPerformance Test Parks on will conduct a performance test no later than 30 days after start-up of the membrane system (start-up is defined as the first day permeate is produced by the membrane system) or after a minimum of two weeks of stable, steady-state operation of the biological process is achieved at operating parameters (SRT, MLSS, pH, temperature, DO, etc.) typical for the Port of the Islands WWTP. No uncharacteristic constituents, chemicals, toxins, etc. shall be in the influent during this time. The membranes may be cleaned prior to beginning the performance test. The membrane system will be operated according to Parkson's recommendation during the test. The performance test criteria are as follows: 1. Operate at or below the design membrane flux rate of 32.0 GPO/ft2 net flux for 4 hours of continuous operation for each skid with a MLSS concentration less than 5000 mg/'. This equates to 100,000 GPO of permeate per skid. 2. Produce a permeate turbidity as measured at the permeate discharge port of less than 0.3 NTU during the test. The Port of the Islands CID reserves the right to conduct independent testing using split samples. These independent tests will be performed by a Florida certified laboratory. The backpulse procedure will be used during the performance test but the chemical soak cleaning procedure will not be used. Parkson will submit a written performance test report to the owner that summarizes the performance test and includes the data that verifies that the performance test criteria have been met. The owner shall sign off on the report, indicating acceptance of the performance test. If the performance test is not passed, Parkson will retest the system. If it does not pass after the second test, Parks on will supply the equipment required to modify the membrane system until it passes the test. 2.E Mechanical Warranty See Section XVI on the attached Standard Conditions of Sale. In addition, Parkson offers a 7-year pro-rated warranty on the membrane modules only as follows: 4 "A 1/ ' ~lo~,;, ~ i:' PARKSON CORPORATION ... the environmentallechnology company 1. Definition of Defective Module - A membrane module will be considered defective if as a result of faulty materials or workmanship, a membrane module fails to produce permeate which meets the discharge water quality (<2 NTU). These failures could include: (a) Failure of the membrane module casing. (b) Failure of the membrane potting seal. (c) Failure of individual membrane tubes. If the owner believes a module is defective, he must notify Parkson in writing and provide detailed information and data supporting the claim. 2. Definition of Module Defect Date - The module defect date shall be the date that written notification of the alleged module defect is received by Parkson. 3. First 12 months - If a membrane module is defective during the first twelve (12) months of operation (operation starts from the date permeate is produced by the membranes), Parkson will supply a replacement membrane module at no charge. 4. Next 72 months - If a membrane module is defective during the next seventy-two (72) months, a replacement will be supplied by Parkson and invoiced based upon a pro-rated value of a total of eighty-four (84) months. This is calculated by using the replacement cost of $4800 per module and reducing this cost by 1/84 for each month remaining in the 84-month period. All other conditions as defined in the attached Standard Conditions of Sale apply to this pro- rated warranty. 2,F Miscellaneous Desian Comments 1. It is acknowledged that some of the equipment will be located in an open-sided structure. Accordingly, the furnished equipment will be capable of withstanding appropriate wind loads. The membrane skids are designed for a wind load not to exceed 130 MPH. 2. Materials of construction for the Parkson supplied equipment will be corrosion resistant or properly coated to provide a minimum design life of 10 years. PURCHASE PRICE: All of the above for ................................................................................... $239,000 USD F.O.B. Point of Manufacture, freight allowed, taxes excluded. VALIDITY: Purchase Price is valid for thirty (30) calendar days from Quotation date, for shipment of Equipment within the timetable stated below. PAYMENT TERMS: 10 % upon approval of shop drawings 50 % upon shipment with progress billing for partial shipment 20 % upon completion of installation 20 % upon completion of successful Performance Test Payment for installation is predicated upon receipt of a notarized release stating that all site labor and site equipment changes have been paid. In lieu of this requirement, a payment bond can be provided. 5 il PARKSON CO~Ln6N · , ,. the environmental technology company TIMETABLE GUIDELINE: Within ten (10) business days of receiving a written Purchase Order in Parkson's office, if necessary, Parkson will submit a written Request for Additional Information requesting items including, but not limited to, full-scale drawings, specification sections, amendments and other documents necessary for Parkson to begin work on this Project. No work can be done on this Project until all Additional Information is received by Parkson, thus beginning the Submittal Phase. If you do not receive such a Request for Additional Information within the stated ten (10) business days, then the Submittal Phase will begin on the eleventh (11'h) business day following receipt of the written Purchase Order in Parkson's office. The Shipment Phase is thereafter contingent upon your final approval of all submitted Approval Drawings, Once said final approval is received in Parkson's offices, the Shipment Phase will begin. Submittal Phase: Approval drawings will be submitted 4 weeks from receipt of all requested Additional Information if necessary, or if not necessary, from the eleventh (11'h) business day following receipt of a written Purchase Order in Parkson's office. Shipment Phase: Following receipt of final approval of all submitted Approval Drawings in Parkson's office, 16 weeks for shipment of the equipment. If the Submittal Phase is waived, the Shipment Phase will begin on receipt of all requested Additional Information if necessary, or if not necessary, on the eleventh (11th) business day following receipt of a written Purchase Order in Parkson's offices. Dates are subject to confirmation upon receipt of written Purchase Order. TERMS AND CONDITIONS: Parkson's Standard Conditions of Sale, as stated on the attached, shall apply, with the exception that if mediation fails, then the remedy shall be legal proceedings filed in Collier County, FL. PATENTS: The Equipment and/or process quoted herein may operate under one or more U.S. patents. The Purchase Price includes a one-time royalty payment (if any), which provides the Buyer with immunity to operate the Equipment specified in the Quotation under any applicable patents. CLARIFICATIONS AND EXCEPTIONS: No plans or specs were provided: therefore there are no clarifications or exceptions. Equipment will be provided per this quotation. Plant design changes that impact the Parkson supplied equipment design or installation may result in a change in the price for the Parkson scope of supply. 6 lbll iI PARKSON CORPORATION ... the environmental technology company . BUYER/OWNER RESPONSIBILITY: . Engineering and design of the rest of the plant, including hydraulic profile, structural design, etc. · All modifications to the existing plant as required for proper application of the DynaLift to this plant. . Installation of a proper influent screen prior to start-up of the DynaLift System. All mixed liquor to be transferred to the DynaLift bioreactors must be screened through this screen. The required screen is a Parkson Hydroscreen, Model HS48DF with a screen opening of 0.02" (0.50mm). It is critical that the wastewater be properly screened prior to the membrane system. The Hydroscreen is a static side-hill screen utilizing a bi-wave wedgewire-screening element. This screen is sized to handle a maximum instantaneous peak flow of 300 GPM at a TSS concentration of 250 mg/1. Materials of construction for the cabinet, baffle and screen panel are 316 SS. This screen will be purchased separately from this contract. . Readiness of the reaeration basin for installation of the submersible pumps into this basin, including emptying and cleaning the basin. · All yard and inter-connecting liquid and air piping, fittings and hardware and pipe supports required between the Parkson supplied pieces of equipment and between the Parkson supplied pieces of equipment and other related equipment and tanks in the plant. Parkson will supply the field valves and controls required by Parkson between the Parkson supplied equipment. · Complete membrane building/enclosure including the concrete slab, roof and roof structure as required to protect the equipment from the weather and excessive UV exposure. . All concrete/grout as required. . Compatibility of equipment materials of construction with process environment. · Electrical connection and interconnecting wiring, including wiring and conduit for power and control wires. . Electrical service as required to operate the membrane system equipment, including the MCC with appropriate motor starters, breakers and switches. · Platforms, gratings and railings as required. . Any other auxiliary equipment, utilities or service not detailed above. . Readiness of the site for equipment installation before requesting installation/start-up service. Non-readiness may incur additional charges. 7 ~ , r '" " {' ..;;, '~ ..: ...., 0 iI PARKSON CORPORATION .,. the environmental technology company , Plea~e retUJ,11.()Q:Eii.~ig}]~d'c;?PY.9fcthls.q!J~t~t!M:Arygy'(~qr9f\:;r.;~;,~r~~~, til; ~lfl(~b,nqprpot~ti~t1~t , ,... . ,.t~eacfdtl:!'s$:~lpW.Bi'lf~ttotti1~QuotlitlQn;:q~te}\~~IY~f~i[d'C9n:e:ij~6ri'dl!r\iJe'. " '.<';'; ;," '. Issued By: PARKSON CORPORATION 2727 Northwest 62nd Street Fort Lauderdale, FL 33309-1721 Accepted By: (Herein called the Buyer) Name: Title: Date: Charles R. Morgan Product Group Manager, MBR August 22, 2005 ~ . Name' ~. Title:C ~r ~Y'l Date: 09';ao/~ Enclosures: Standard Conditions of Sale, Quotation Addendum Local Rep: Mr. Jim Wahl The Mack Company 1300 Corporate Center Way, Suite 105-F Wellington, FL 33414 Phone 561 798 3131 cc: RLC, LEL, DHW, File CRM/crm-m:/mbr/80yrojectsIPort of the IslandsJ900201 C - Revised Quotation-Port of the Islands WVYTP 08-22-oS.doc 8 lbll · iI PARKSON CORPORATION ... the environmental technology company Quotation Addendum As a result of dramatic cost increases in the cost of both stainless and carbon steel, please be advised that the following provisions shall be strictly enforced pursuant to the Equipment advertised in this Quotation: 1. The Quotation's Purchase Price shall be firm for thirty (30) calendar days unless stated otherwise in the Quotation. Any Purchase Order issued beyond this timeframe may result in a Purchase Price review by Parkson Corporation whereby the Purchase Price may be increased to cover the increases in material costs. This Purchase Price review shall be at Parkson Corporation's sole discretion. 2. For those customers that have requested a firm Purchase Price commitment in excess of thirty (30) calendar days, Parkson has utilized an escalation clause tied to an appropriate commodity index to determine the Purchase Price. 3. All Purchase Orders that have a delivery schedule stretching beyond eight (8) months from the time a Purchase Order is placed will be subject to price escalation tied to a proportionate increase in total material costs as a result of either stainless or carbon steel surcharges in effect at the time Parkson Corporation places its orders for any fabricated steel components for the Equipment. Parkson Corporation will notify you of any changes in prices once all orders for said components have been completed. JCG Effective 4127/fJ4 9 ~ ( , '1 ~ '.> ,J~ (9 i'I PARKSON CORPORATION ... the environmenlallechnology company Standard Conditions Of Sale I. GENERAL: All references 10 Parkson (or any derivative thereo0 shall mean Parkson Corporation and all references 10 Buyer herein shall mean the customer named in a purchase order, quolalion or proposal. All quotations from Parkson shall be considered solicitations of offers, All purchase orders placed by Buyer shall be considered offers, which can only be accepted upon wrillen nolice thereof from Parkson, Buyer shall either sign Parkson's quotation, or in the alternative, issue a purchase order containing necessary information, such as site name, price schedule, type and quantity of product, requesled delivery date and delivery inslructions, Notwithstanding any terms or conditions that may be included in Buyers purchase order form or other communicalions, Parkson's acceptance is conditional upon Buyers assent 10 the terms and conditions sel forth herein, It is agreed thaI sales are made oniy on the terms and condilions herein and any other terms or conditions shall not become a part of the agreement unless expressly agreed 10 in writing by Parkson, Parkson's failure to object 10 any terms or conditions contained in Buyers purchase order or other communication shall not be deemed to be acceptance of such lerms or conditions, The terms and conditions set forth herein shall be deemed incorporated (as though set forth in full) into any agreement entered into between Parkson and Buyer unless otherwise noted in writing. Parkson reserves the right, without any increase in price, to modify the design and specifications of Parkson products, provided that the modification does not adversely affect the original pertormance specifications as specified by Parkson or as requested by Buyer. Shipments, deiiveries and pertormance of work shall at all times be subject to the approval of Parkson's Credit Department. Parkson may al any lime decline to make any shipmenl or delivery or pertorm any work except upon receipt of payment Of security or upon terms and conditions satisfactory to Parkson, II. PRICES, TERMS OF PAYMENT & TAXES: (a) PRICES: Unless expressly stated 10 be firm for a definite period, offers are subject to change without notice, and in all cases are subject to wilhdrawal al any time before acknowledgment by Buyer. Under no condition will a quotation from Parkson remain in effect for longer than sixty (60) days unless olherwise agreed to in writing by Parkson. If a price is stated in Ihe quotation, il is based upon shipment of the quantities and quality requesled by Buyer and on the basis of Parkson's intemat delivery schedule althe time of preparalion of said quotation. (b) TERMS OF PAYMENT: Unless otherwise slated in a quotation, paymenls against invoices shall be due and payable thirty (30) days from the date of shipment. regardless of the date upon which Buyer receives the invoice from Parkson. It in Parkson's opinion, Buyers financiai condition does not justify continuation of production or shipment on the terms of payment specified, Parkson may, upon wrillen notice to Buyer, cancet or suspend any outstanding order or part thereof, unless Buyer shall promptly pay for all goods delivered or shall make advance payments to Parkson as it, at its option, shall determine. If Buyer delays shipment for any reason, date of readiness for shipment shall be deemed 10 be the date of shipment for payment purposes. If Buyer delays manufacture for any reason, a payment shall be made based on purchase price and percentage of completion, with the balance payable In accordance with the terms as stated, If payments are not made in conformance with the terms stated herein, the contract price shall, without prejudice to Parkson's right to immediate payment, be increased by 1 y,% per month on Ihe unpaid balance, nollo exceed the maximum amounl permilled by law. If at any time in Parkson's judgmenl Buyer may be or may become unable or unwilling to meet the terms specified herein, Parkson may require satisfactory assurance or full or partiai payment as a condition to commencing, or conlinuing manufaclure, or in advance of shipment. (c) TAXES: Except for the amount, if any, of tax stated in a Parkson quotation, the prices set forth therein are exclusive of any amount for federal, state, local, excise, sales, use, property, in-counlry, import, VAT or similar taxes or duties. Such prices also exclude permit, license, cusloms and similar fees levied upon shipment of Parkson products, III. SHfPMENT: The anlicipated shipmenl date sel forth in the quotation is approximate and subject to change, Notwithstanding other limitations set forth by Parkson, Parkson shall not be liabie for any delays in shipment which are caused by evenls beyond the conlrol of Parkson including, but not limited to, delays caused by inaccurate or incomplete data fumished by Buyer, changes or revisions in Ihe work to be pertormed, tardy approval of shop drawings by Buyer, acts of Buyer or Buyers agent, accidents, strikes, inability to obtain tabor or materiats, or delay in transportation. Parkson shall have the right to extend the anticipated shipment date for up to ten (10) calendar days, for any reason, provided Parkson shall give Buyer written notice of such delay at least seven (7) days prior to the scheduled shipping date. Equipment or parts will be crated for domestic truck shipment at Parkson's expense: however, Parkson assumes no responsibility for loss of, or damage to the equipmenl after delivery to the carrier, who shall be deemed to be acting as agenf for Buyer, and the equipment shall thereafter be at the Buyers sole risk, It is Parkson's policy to ship its equipment 'Bill Collect: and fhe motor freight company will mail their invoice(s) directly to Buyers billing address, unless olherwise agreed in writing, If shipment of the products is delayed upon request of Buyer, or as a resull of any conduct of Buyer or Buyers agenls, Parkson shall not be liable for damage to the products occurring during storage. Buyer shall reimburse Parkson upon demand by Parkson for any costs incurred by Parkson in connection with said storage, including steps laken to protect the products from the elemenls, Any delay in shipment requested or caused by Buyer or its agents will not affect the terms of payment as provided herein, Buyer shall be responsibte for Ihe payment of any additional cost of shipping occasioned by the delay, IV. TITLE & RISK OF LOSS: Parkson's prices are F,Q,B. Factory unless otherwise explicitly noled in the quolation and are exclusive of taxes, shipping and insurance. Title 10 all goods and risk of toss, deterioration or damage shall pass 10 Buyer upon tender to the carrier; except that a security interest in the products or any replacement shall remain in Parkson's name, regardless of mode of allachment to realty or olher property, until the full purchase price has been fully paid in cash, Buyer agrees to do all acts necessary to pertect and maintain said secunty interest, and to protect Parkson's interest by adequately insuring the products against loss or damage from any external cause with Parkson named as insured or co-insured. Any claim by Buyer against Parkson for shortage or damage occurring prior to delivery must be made in writing within ten (10) calendar days after receipt of shipment and accompanied by an originai transportation bili signed by the carrier noting Ihat carner received goods from Parkson in the condition claimed. Parkson shall have the right to ship all goods at one lime or in portions, within the lime for shipping provided in such order, unless specifically requested in writing by the Buyer that these shipments be made in tolal. Any shipments retumed 10 Parkson as a result of Buyers unexcused deiay or failure to accept delivery will require Buyer to pay all additional costs incurred by Parkson, Additionally, once Buyer has been notified that its order is available for shipment, if Buyer requests that the products nol be shipped unlil a later date, the products will be slored atlhe Buyers risk and expense unlil permission to ship 10 the jobsite is given by Buyer. V. ERECTION: Unless otherwise agreed in writing, products are assembled, installed and/or erected by and at the full expense of Buyer. 1 1~6 I t il PARKSON CORPORATION ... the environmental technology company . VI. CANCELLATION & BREACH: Buyer agrees Ihat Parl<son products are specially manufactured goods that are not suitable for sale to others in the ordinary course of business, Therefore, purchase orders placed with Parkson cannot be canceled wilhout recourse, nor shipments of goods made up, or In process, be deferred beyond the original shipment dates specified, except with Parl<son's written consent and upon lerms which ,shall i~demnify Parl<son against all loss. In Ihe evenl of cancellation or the substantial breach of the agreement between Buyer and Parl<son, including without hm"atlon, failing to make payment when due, Buyer agrees that Parl<son will suffer serious and substanlial damage which will be difficult, if nol impossibie, to measure, bolh at the time of entering the agreement and as of Ihe time of such cancellation or breach. Therefore, the parties agre~ thai upon such canceltation or breach, Ihe Buyer shall pay 10 Parl<son the sums set forth below which Parl<son and Buyer do hereby agree shall conslltule agreed and liquidated damages in such event: a, If cancellation or breach shall occur after the acceptance of Ihe purchase order but prior to mailing of general arrangemenl drawings by Parl<son to Buyer, liquidated damages shalt be 10% of the selling price, b, If canceltation or breach shall occur within thirty (30) days from Ihe mailing of general arrangement drawings by Parl<son to Buyer, the liquidated damages shall be 30% of the selling price. c. If the cancellalion or breach occurs after thirty (30) days from Ihe mailing of general arrangement drawings by Parkson 10 Buyer, buf prior to notificalion that the order is ready for shipmenl, Ihe liquidated damages shall be the lotal of 30% of the selling price plus the expenses incurred, cost of material, and reasonable value of the work expended 10 fill the respective order by Parkson's engineers and other employees, agents and represenlatives after the mailing of general arrangement drawings by Parkson to Buyer. All sums will be defermined at the sole reasonable discretion of Parkson provided, however, that the total liquidated damages under this provision shall not exceed the total selling price, d, If cancellation or breach shall occur after Parl<son has notified Buyer Ihat the order is ready for shipment, then Ihe liquidated damages shall be the lotal selling price, VII. DRAWINGS & SPECIFICATIONS: In the event Ihat drawings are sent 10 Buyer for approval after an order is placed, the drawings must be relumed marked 'Approved' or 'Approved As Noted' wilhin twenty (20) working days after receipt unless otherwise nOled, In the event Ihat Buyers wrillen comments are not given within Ihe twenly (20) day period, Parkson shall deem the items approved, VIII. CORRECTIVE WORK & "BACK CHARGES". In no evenl shall any worl< be done, or services or material be purchaSed or expense olherwise Incurred by the Buyer for the account of Parl<son until after full and complete particulars (including an estimale of material cost) have been submitted in writing and approved in writing by Parkson. Parkson must be given the opportunily to discuss and research altemative methods to lower the costs involved in such corrective work, Unless agreed.upon in writing by Parkson, Parkson will not be liable for labor cosls, overhead, administrative cosls, interest or any other consequential or indirect costs Buyer incurs. Returned items will not be accepted unless Parkson has previously agreed to such return in writing and supplied written retum-shipping instructions to Buyer. IX. SELECTION OF MATERIALS: Because all Parkson products are specially manufaclured products, the material make-up of many of Parkson's products varies from project to project. The determination of the materials' suitability and adaptability (including without limitation, paints and/or coatings) 10 the specific needs of the Buyer is solely the Buyers choice and responsibility. X. CONFIDENTIAL INFORMATION & IMPROVEMENTS: The design, construction, applicalion and operation of Parkson's prOducts and services embody proprietary and confidential information; therefore, Buyer will maintain Ihis information in strict confidence, will not disclose it to others and will only use this information in connection with the use of the producls or to facilitate the provision of services sold by Parl<son, Buyer will not copy or reproduce any written or printed materials or drawings furnished to Buyer by Parkson, Buyer agrees to immediately return all confidential material to Parkson if requested in writing by Parkson. Buyer will not copy the products or make any design drawings of the products and will not pennil others to copy or make any design drawings of the products. Parkson shall have a royalty-free license to make, use and seil, any changes or improvements in Ihe producls invented or suggested by Buyer or its employees. Buyer acknowledges that a remedy at law for any breach or attempted breach of this Section will result in a harm to Parkson for which monetary damages alone will not be adequate, Buyer covenants and agrees that neither it nor any of its affiliates will oppose any demand for specific pertormance and injunctive and other equitable relief in case of any such breach or attempted breach. Notwithstanding anything to the contrary herein, Parl<son may seek enforcement of any breach of this Section without the necessity of complying with the provisions regarding resolution of disputes herein, XI. FIELD SERVICE: Field Service included in the quotalion will only be scheduled upon written request and may be subject to credit approval. Should the Buyer have oulstanding balances due Parl<son, no startup I field service will be scheduled until such payments are received by Parkson. The Buyer assumes all responsibility for the readiness of Ihe system when it requests startup service, Should Parkson's Field Service Engineer arrive at the jobsite and determine that the system cannol be started up within a reasonable lime, Parl<son shall have the option to bring the Field Service Engineer home and bm the Buyer for time, travel and living expenses, Additional field service is available from Parl<son at the prevailing per-diem rate at the time of the request for service plus alllravel and living expenses, portai-to-portal. A purchase order or change order will be required prior to scheduling this additional service. XII. LIMITATION OF LIABILITY: Unless expressly agreed to in writing by Parkson, all damages not direct and actual in nature, including without limitation, consequential, Incidental, exemplary and punitive damages, shall be expressiy prohibited damages, Such prohibited damages include, bul are not limited to, lost rent or revenue; rental payments; costs (increased or nol) of adminislration or supervision; costs or delays suffered by others unable to commence work or provide services as previously scheduled for which a party to this contract may be liable; increased costs of borrowing funds devoted to the project (including interest); delays in selling all or part of the project upon complelion; damages caused by reason of Force Majeure or acts of God (with the broadest statutory or court of law definition possible); terminalion of agreements to lease or buy all or part of the project, whether or not suffered before completion of services or work; forteited bonds, deposits, or other monetary costs or penalties due to delay of the project; interest for any reason assessed 10 Buyer; Increased taxes (federal, stale, local, or intemational) due to delay or recharacterization of the project; lost tax credits or deductions 2 , 16\1 il PARKSON CORPORATION .. .the environmental technology company . due to delay; impairment of security; attomey and other legal lees lor any reason assessed 10 Buyer, loss 01 use 01 the Equipmenl or any associated Equipment, costs 01 substitute Equipment, facilities or services, down time costs, claims of customers 01 Buyer lor such other damages; or any other indirect loss arising Irom the conduct 01 the parties. Parkson oniy agrees to responsibilily lor damages lrom proven negligent and willlul acts 01 its direct employees only, XIII. APPLICABLE LAWS & GOVERNING LAW: To the best 01 Parkson's knowledge, Parkson products comply with most laws, regulations and industrial practices; however, Parkson does not accept responsibility lor any state, city or other local law not specifically brought to Parkson's attention, For OSHA compliance, (1) Parkson is only liable lor those OSHA standards, which are in effect as 01 the date 01 the quotation, and to the extent they are applicable to the perlormance by Parkson. (2) Parkson is only responsible lor the physicat characteristics 01 the product(s) and not lor the circumstances 01 the use 01 the product(s), (3) Parkson's liability through any noncompliance to OSHA shall be limited to the cost 01 modifying the product(s) or replacing the non-complying product(s) or component(s) after receipt 01 prompt written notice 01 noncompliance, The rights and obligations 01 Buyer and Parkson shall be govemed by and interpreted in accordance with the substantive laws oflhe state of Florida including Ihe unilorm commercial code of Florida, excluding conflicts 01 law and choice of law principles, XIV. DtSPUTE RESOLUTION: Any issue, claim or dispute ('Action') that may arise out 01 or in connection with Ihe project relerenced in the quotation and which Buyer and Parkson are not able to resotve by good lalth negotiations, shall be submitted to mediation. Both parties shall choose a mediator and said mediator will decide the lorum most convenient lor both parties, Both parties agree to reasonably attempt to resolve all Actions via this medium, II mediation shall lail, the Action shall be submitted to binding arbitration adminislered by the American Arbitration Association under its Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures lor Large, Complex Construction Disputes), and judgment on fhe award rendered by the arbitrator(s) may be entered in a court having jurisdiction thereof. The parties agree to use mediation then arbitration to resolve such Action in tieu 01 litigation. In the event that an Action is brought, the prevailing party shall be entilled to be reimbursed lor, andlor have judgment entered with respect to. all 01 its costs and expenses, inciuding reasonable attomey's lees' and legal expenses, XV. PATENTS: Parkson shall indemnify Buyer against any judgment for damages and costs which may be rendered against Buyer in a suit brought on account of the alleged infringement 01 any United States patent by any product supplied by Parkson, unless (a) Ihe alleged inlringement occurs as a resull of any alteration or modification to the product or the use of the product in combination with the products or services of any party other than Parkson, or (b) Ihe product was made in accordance with materials, designs or specifications fumished or designated by Buyer, in which case Buyer shall indemnify Parkson against any judgment lor damages and costs which may be rendered against Parkson in any suit brought on account of the alleged inlringement of any United States patent by such product or by such malerials, designs or specificalions; provided that prompt written notice be given to the party from whom indemnity is sought of the bringing of the suit and an opportunity be given to such party to settte or defend it as that party may see fit and that every reasonable assistance in settling or defending it shall be rendered, Parkson shall in no event be liable to Buyer for special, indirect, incidental or consequential damages arising out 01 allegation of patent inlringement. XVI. MECHANICAL WARRANTY: All Equipment sold pursuant to this quotation are warranted to be free from defective material and workmanship, under normal use and service, for a period 01 twelve (12) months from date 01 shipment to Buyers jobsite ('Warranty Period'). In the event that defects develop during the Warranty Period, under normal and proper use, Parkson is to be notified promptly in writing, and upon receipt of its writlen consent, the products are to be retumed promptly to Parkson, F,O.B. Parkson's lactory. If Parkson's inspection indicates delective material or workmanship, the parts will, at Parkson's option, either be repaired or replaced without charge. In the case of components purchased by Parkson and incorporated in the Equipment, Parkson's Mechanical Warranty is iimited to the component manufacturers warranty. In addITion to any other limitation or disclaimer with respect to this Mechanical Warranty, Parkson shall have no liability with respect to any of the lollowing: failure of the products, or damages to them, due to Buyers negligence or willlul misconduct, abuse or improper storage, installation, application or maintenance (as specified in Parkson's O&M manuals); any products that have been altered or repaired in any way without Parkson's prior written consent; any products damaged while in transit or otherwise by accident; decomposition of products by chemical action, erosion or corrosion or wear to products caused by abrasive materials, Service calls during the Warranty Period, when requested by Buyer and where no evidence of defective material or workmanship Is lound, will be at Buyers expense. Parkson shall not be held liable lor any lurther cost, expense, or labor to replace Equipment or replaceable parts. All indirect damages are hereby limited pursuant to the Limitation 01 Liability clause herein and shall continue for the duration ot the Warranty Period, THE FOREGOING MECHANICAL WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, WHICH ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ALL WARRANTIES AND OBLIGATIONS OF PARKSON SHALL TERMINATE iF BUYER FAILS TO PERFORM ITS OBLlGA nONS UNDER THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES OR IF BUYER FAILS TO PAY ANY CHARGES DUE PARKSON. XVII. MISCELLANEOUS: The parties agree that the foregoing constitutes the entire agreement between Buyer and Parkson and that there are no other agreements, terms or conditions, expressed or implied, unless otherwise agreed to in writing, This document may not be modified or superseded other than by an instrument in writing signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit 01 Buyer and Parkson and their heirs, assignees, legal representatives and the project Owner for the project referenced in the quotation. The invalidity or non-€nforceability of any particular provision of this document shall not affect the other provisions hereol, and this document shall be construed in all respects as if such invalid or unenforceable provisions were omitted. JCG 4/27/04 3 HM HOLE MONTES EI,GINEERS PlANNERS SURVEYORS 16 950 Encore Way' Naples, Florida 34110' Phone: 239.254.2000' Fax: 239.254.2097 August 29, 2005 Mr. Edward Goscicki, District Manager Port of the Islands Community Improvement District 210 N. University Drive, Suite 702 Coral Springs, Florida 33071 RECEIVED SEP 0 D 2005 RE: Proposal for Engineering Services Wastewater Treatment Plant upgrade to MBR HM File No. 1990.154 Dear Ed: It is our understanding that the Port of the Islands Community Improvement District may be interested in upgrading the wastewater treatment plant using the Membrane Bio-reactor process instead of adding the second effluent filter. Pursuant to the direction of the Board of Supervisors we have been in negotiation with Parkson Corporation regarding a proposal to provide the process equipment and systems for such an upgrade. A copy of the Parkson Corporation proposal has been previously submitted to you and the Board for consideration. We were able to put the project for addition of the second effluent filter on hold after spending only $2,400 of that $15,000 work order after performing approximately 50% of the structural design and discussions with the filter manufacturer during preliminary design. In the event that a work order is authorized to for the upgrade to the MBR process then the unexpended balance on the second filter project could be applied toward this project. The proposed project would consist of the following items: I. Modification of the existing concrete structure for the existing manual bar screen and installation of the new fine screen. 2. Modification of the existing treatment units to include installation of new interconnecting piping to allow installation of the MBR equipment and systems. The system to be installed is more fully described in the Parkson proposal. 3. Construction of a new concrete base slab and open-sided roof structure to house the proposed MBR system. 4. Modification and upgrade to the existing electrical service and providing power to the proposed MBR equipment and system. Hole Montes proposes to provide the following services: (I) design of the modifications to the existing facility that are not included in the Parkson proposed scope; (2) coordination with Parkson Corporation regarding the systems to be provided under their proposed scope including making sure that a complete system is installed and operational; (3) obtaining pricing from electrical contractor and contractor for installation of piping and other systems; (4) meeting with and preparation of necessary application for FDEP permitting of the proposed system; (5) Naples' Fort Myers' Venice . Mr. Edward Goscicki Port of the Islands Community Improvement District HMFileNo.: 1990.154 August 29, 2005 Page 2 1611 . construction contract administration including review of submittals and pay requests during construction; (6) inspection of construction, including performance of a substantial completion inspection, preparation of punch list, performance ofa final completion inspection, and submittal of certificate of completion forms to FDEP; (7) assistance with start-up of the completed system; (8) updating the facility O&M Manual; and (9) operational assistance as requested. Fee Proposal- Design, Permitting Contract Administration and Inspection $75,000 (time & expense estimate) Thank you for the opportunity to submit this proposal for performing these additional engineering services under our Master Agreement with Port of the Islands. If this proposal is acceptable and receives Board approval, please have the Chairman sign the acceptance below. Sincerely, HOLE MONTES, INC. ~ c-- Ronald E. Benson, Jr., Ph.D., P.E. Senior Vice PresidentlPrincipal Acceptance of Proposal and Authorization to Proceed ~ 0-~rman Port of the Islands Community Improvement District ~~/6 ate H:\1990\l990154\WP\20050829 reb mbr proposal eng.svcs.doc RECC';',,/f::0 SEt-' 0 \J 2005, ,:/ 'j, \ (':.",~ 11 ';' 'C,Y il ,J; . Port of the Islands Community Improvement District 210 N. University Drive - Coral Springs - Florida 33071 (954) 753-0380 telephone - (954) 755-6183 fax September I, 2005 Charles R. Morgan, Product Group Manager, MBR Parkson Corporation 2727 Northwest 620d Street Fort Lauderdale, Florida 33309-1721 RE: DynaLift MBR Membrane System Quotation #90020 I C Dear Chuck: On August 30, 2005 the Port of the Islands Community Improvement District continued the advertised meeting of August 26, 2005. During this meeting the Board of Supervisors of the Port of the Islands Community Improvement District considered item 6.B(ii) of their agenda - "Discussion of the Parkson MBR proposed contract". The Board voted unanimously to accept the Parkson proposal with the stipulation that the delivery of the equipment (and associated 50% progress payment) be scheduled to occur no earlier than February I, 2006; and authorized the Chairman (Richard Gatti) to sign the contract. The Board also voted unanimously to accept the proposed work order with Hole Montes, Inc. to provide engineering services for permitting, design, coordination with Parkson, contract administration, inspection, and start-up and testing; and authorized the Chairman to sign the work order. A copy of the proposed contract, signed by Richard Gatti, has been forwarded to your attention for execution by an authorized representative of Parkson Corporation and acknowledgement of the delivery schedule stipulation. As soon as the minutes of the Board of Supervisors meeting of August 26, 2005 (continued to August 30, 2005) are available we will forward a copy to you for your records. V ery ~ours, _____ dId E. Benson, Jr., PhD., P.E. District Engineer, Port of the Islands Community Improvement District c/o Hole Montes, Inc. 950 Encore Way Naples, Florida 33410 cc: Edward Goscicki, P.E., District Manager Daniel Cox, Esq., Legal Council for the District From- FAXmaker To Richard Page 215 Date 8/20/2005125415 P~ ,? " k ,~. "\\ ~ f) ~ '. CII.nt#: 49603 FLOST .iL . " ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDlYyn) 08110105 PftODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. RECEIVED ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlett. Road N, #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Naples, FL 34103 -3303 AUG 3 1 2005 239 261-3646 INSURERS AFFORDING COVERAGE NAIC # INSURED HOLE MONTES, INC. INSURER A FCCllnsurance Company Florida State Underground, Inc. ---.-.. INSURER 8 Bridgefield EmployelS Insurance Comp 4540 Domestic Avenue INSURER C Naples, FL 34104 -------,-- INSURER 0 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF NN 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, EXCLUStoNS AND CONDITIONS OF SUCH POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. u. ... TYPE Of INSURArtCE POUCY NUMBER P.?A~~::J8&W1E p~~/~~~N UMITS A -E!NERAL UABILff'l" CPPOO043441 01/01/05 01/01/06 EACH OCCURRENCE $1 000 000 COMMERCIAL GENERAL LIABILITY DAM.f:~!9)~ENTED $300 000 I CLAIMS MADE D OCCUR MED EXP (Arly one perwn) $5000 X. PD Ded:5,OOO PERSONAl & AOV INJURY $1 000 000 - GENERAL AGGREGATE $2 000 000 ~'L AGG~En ~M~~ APrlS PER PRODUCTS. COMPIOP AGG $2 000 000 POLICY JECT LOC A ~TOMOBILE UABLITY CAOO053021 01/01/05 01/01/06 COMBINED SINGLE llMIT ~ ANY AUTO jEaaccid6f1l) $1,000,000 - AlL OWNED AUTOS BODILY INJURY (per personl $ - SCHEDULED AUTOS .!- HIRED AUTOS BODILY INJURY $ .!- NON.QWNED AUTOS (pef accideot) - PROPERTY DAMAGE $ (Per ac:cidem) ~GE L"'.'UTY AUTO ONLY -EAACeOENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY ACC $ -- A ~ESSfUMBRELLA UABILITY UMBOO027521 01/01/05 01/01/06 EACH OCCURRENCE $4 000 000 X oeCUR 0 CLAIMS MADE AGGREGATE $4 000 000 $ ~ DEOUCT'","E $ X RETENTION $10000 $ B WORKERS COMPENSATION AND 83034817 07129/05 07/29/06 X I T~"JT,~I'i~ I 10J,';'- EMPLOYERS' UABILfn' $500 000 /4If.Y PROPRIETORIPARTNERlEXECUTIVE Fl. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? f-~l. DISEASE. EA EMPlOYEE $500,000 If yes, descrbe under El. DISEASE - POlley liMn $500 000 SPECiAl PROVISIONS be/ow OTHER DESCRWTION Of OPERATIONS I LOCATlONS IVEHICUS I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Water, Sewer Storm Drainage and Roadway Construction The Port of the Islands Community Improvements District and Hole Montes, Inc., as named as additional insured with respects to General liability and Commercial Auto coverage which include completed operations as per form (See Attached Descriptions) CERTIFICATE HOLDER CANCELLA TlON The Port of the Islands Community Improvement District & Hole Montes, Inc. 950 Encore Way Naples, FL 34110 SHOUlD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Bl:fORI: THI: I:XPIRATIOI DATI: THI:RI:OF, THE ISSUING INSURER WtLL ENDEAVOR TO MAIL ---10.-- DAYS WRIlTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT fAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR L1A6lury Of AnY KIND UPOM THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 3 #S2704331M269850 REPRESENTATNES. AUTttORIiZED RI:PRESENTATNE ",lhr-a-Jt.._ .",,~:.:..-1Z..e..- CAH e ACORD CORPORATION 19 HM HOLE MONTES ENGINEERS PLANNERS SURVEYORS 1611 . 950 Encore Way' Naples, Florida 34110. Phone: 2392542000. Fax 2392542097 RECEIVED August 31, 2005 ~;EP (I I) 2005 Mr. Thomas McKimm, President Florida State Underground, Inc. 4540 Domestic Avenue Naples, FL 34104 Via Facsimile & Mail RE: NOTICE TO PROCEED POI WATER MAIN REPLACEMENT & IRRIGATION LINE EXTENSION HM File No.: 2004.124 Dear Mr. McKimm: On behalf of the Port of the Islands Community Improvement District, you are hereby notified to proceed with work on the referenced project in accordance with the Contract titled "Water Main Replacement & Irrigation Line Extension". Commencement date for this work shall be considered September 06, 2005. Work shall be substantially completed by December 04, 2005 (90 calendar days). Final completion of all work, which should be ready for final acceptance by owner, shall be considered to be December 24, 2005 (I 10 calendar days). You may anticipate being contacted shortly for the purpose of scheduling of a preconstruction meeting. Sincerely, cc: Ron Benson, Hole Montes Daniel Cox, Esquire Joe Goetz, Hole Montes 01 6oscr'c Ii (~ R\2004\2004124\ WPIB Contract with CI;ent\2005083 1 NTI' ,doc Naples' Fort Myers' Venice 16 '1 . AGREEMENT PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT WATER MAIN REPLACEMENT & IRRIGATION LINE EXTENSION THIS AGREEMENT made this ).~11, day of ~1f;VS+ , 2005, by and between Port of the Islands Community Improvement District, ~lIed the "OWNER", and Florida State Underground. Inc.. hereafter called the "CONTRACTOR". WITNESSETH: WHEREAS, OWNER has heretofore solicited bids for all the work and improvements and for the doing of all things included within the hereinafter specified improvements; and WHEREAS, OWNER has contracted with Hole Montes, Inc., hereinafter called the ENGINEER, to perform those duties of ENGINEER as listed in the Contract Documents. WHEREAS, OWNER did on the ~ day of June , 2005, find that CONTRACTOR was the lowest responsive, responsible bidder for the hereinafter specified construction work and did award CONTRACTOR a contract for said construction work, NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the parties hereto do hereby agree as follows: ARTICLE 1 - WORK TO BE DONE BY CONTRACTOR CONTRACTOR agrees, at his own cost and expense, to do all the work and furnish all the labor, material, equipment and all the work and improvements required for in full accordance with and in compliance with the hereinafter specified Contract Documents, and including all Addenda for said work, and to do, at his own cost and expense, all other things required of the CONTRACTOR by said Contract Documents of said work. ARTICLE 2 - CONTRACT DOCUMENTS The Contract Documents herein named include all of the following component parts, all of which are as fully a part ofthis contract as if herein set out verbatim, or, if not attached, as if hereto attached: Proposal including Bid Schedule and Trench Safety Act (pages P I to P6) Invitation to Bid (pages II to 12) Instructions to Bidders (pages IB-I to IB- 7) Agreement (pages CI to C5) General Conditions Technical Specifications C-l 1611 . Collier County Department of Transportation Construction Standards Handbook (Incorporated by Reference) Collier County Standard Technical Specifications for Water and Sewer Main Construction (Incorporated by Reference) Contract Drawings, consisting of 9 drawings with the general title of "Port of the Islands Water Main Replacement & Irrigation Line Extension". Any and all Addenda to the foregoing. ARTICLE 3 - CONTRACT AMOUNT The CONTRACTOR agrees to receive and accept the unit prices as submitted in his Bid Proposal as full compensation for the work contemplated and embraced in this Contract; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the OWNER, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Contract Documents and the requirements of the ENGINEER under them; also for any and all other things required by the Contract Documents. The OWNER shall pay the CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: For all items listed on the Bid Schedule, which is attached and made a part of this Agreement, installed and measured in accordance with the Contract Documents, payment for each item shall be the unit price bid for each item multiplied by the measured quantity, The cost of the Contract based on the estimated quantities shown on the Bid Schedule is Three Hundred Twenty Two Thousand. Two Hundred Seven and Fifteen Cents ($322,207.15). The above-mentioned quantities and totals on unit price items and the Total Contract Amount submitted in his Bid Schedule are approximate only, being hereinabove referenced for the purpose of establishing the Contract Amount. Payment of work covered by the above unit price items will be made only on the basis of actual quantities of work complete in place as authorized and as measured in the Contract Documents. ARTICLE 4 - STARTING AND COMPLETION The CONTRACTOR shall, and agrees to, commence work at the site within 14 calendar days after the issuance by the OWNER of a written Notice to Proceed, and to fully complete all work to the point of final acceptance by the OWNER, and to complete doing all the other things required of him by the Contract Documents on or before and not later than 110 calendar days from the date when the contract time commences to run. CONTRACTOR shall, and agrees to, furnish and deliver to OWNER with execution of award of this Contract, the insurance certificates and policies of insurance required of him by the provisions of the Contract Documents, and to do, prior to starting work, all other things which are required of him by the Contract Documents as a prerequisite of starting work. C-2 1(, ~ The Work shall be substantially completed within 90 days after the date indicated in the Notice to Proceed, and finally completed and ready for final payment within 110 days after the date indicated in the Notice to Proceed. ARTICLE 5 - PAYMENTS TO CONTRACTOR The OWNER agrees with said CONTRACTOR to employ, and does hereby employ, the said CONTRACTOR to provide the materials and do all the work and do all other things hereinabove mentioned according to the terms and conditions hereinabove contained or referred to for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. The CONTRACTOR shall, on the 151 day of each calendar month make an estimate of the value of the work performed in accordance with this Contract since the last preceding estimate was made. The CONTRACTOR shall then prepare and submit the estimate to the ENGINEER on the periodical estimate for partial payment forms. Number of copies to be submitted will be determined by the ENGINEER after construction has started. The estimates shall be signed by the ENGINEER and approved by the OWNER, and after such approval, the OWNER, subject to the Contract Documents, will payor cause to be paid an amount equal to the approved estimated value of the work performed less a retained amount in accordance with the following schedule. I) Prior to Substantial Completion progress payments will be in an amount equal to ninety percent (90%) of the Work completed and materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 2) Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to ninety-five (95%) of the Contract price, less such amounts as ENGINEER shall determine, based on the amount of work required to completely finish the construction and restoration. ARTICLE 6 - NOTICES All notices required or made pursuant to this Agreement by the CONTRACTOR to the OWNER shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: Port of the Islands Community Improvement District c/o Hole Montes, Inc. 950 Encore Way Naples,FL 34110 C-3 1611 . All notices required or made pursuant to this Agreement by OWNER to CONTRACTOR shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: Florida State Underground, Inc. 4540 Domestic Avenue Naples, FL 34104 Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. ARTICLE 7 - MODIFICATION No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE 8 - SUCCESSORS AND ASSIGNS Subject to other provisions hereof, the Agreement shall be binding upon and shall insure to the benefit of the successors and assigns ofthe parties to the Agreement. ARTICLE 9 - GOVERNING LAW The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. ARTICLE IO-NOWANER The failure of the OWNER to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. ARTICLE 11 - ENTIRE AGREEMENT Each of the parties hereto agrees and represents that the Agreement comprises the full and entire Agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. ARTICLE 12 - SEVERABILITY Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. C-4 -:::1 f. 11 " ~i C ,,,....-, IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in five original counterparts the day and year first above written. ATTEST:VZL/I)L Signature '-1 ~ / itness CATHYE VANKERSCHAEVER ! Notary Public. State of Florida My comm. expires Sept 19, 2005 Comm. No. 00048646 Date: B~ or ATTEST: By: Title: CONTRACTOR: Date: 814~ / [Corporate Seal] STATE OFFWRlDA COUNlY OF Before me, the undersigned authority, this day personally appeared to me well. known and known to me to be the individuals described in and who executed the foregoing Agreement as and respectively, of the Corporation named in the foregoing Agreement on behalf of and in the name of said Corporation as such officers; that the seal affixed to said Agreement is the Corporate seal of said Corporation and that it was affixed thereto by due and regular corporate Authority; that they are duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. OWNER:~ ~ih~ Port of the Islands Commuity hnprovement District. By: E~1t~ Chairman, Board of Supervisors C-6 , l, .~ 1 No. """ li.1.. -'1 . CHANGE ORDER Dated ~Uo}D( OWNER's Bid: June 9. 2005 ENGINEER's Project No, 2004,124 Project Water Main Reolacement & Irrigation Line Extension CONTRACTOR: Florida State Underground. Inc. Contract For Utilitv Construction Contract Date To: Florida State Underground, Inc. CONTRACTOR You are directed to make the changes noted below in the subject Contract: PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT OWNER ~:ted ~);t;:~ Nature ofthe Changes: Furnish Payment and Performance Bond to Owner. Enclosure: Payment and Performance Bond These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order Net Increase (Decrease) Resulting from This Change Order Current Contract Price Including This Change Order $ $ $ 322,207.15 6.444.14 328.651.29 POI WaterlIrrigation Mains CHANGE ORDER 1 1'-. I "i l) ~ . Contract Time Prior to This Change Order Substantial: 90 Davs Final:] 10 Davs (Days or Date) Net (Increase )(Decrease) Resulting from This Change Order 0 (Days) Current Contract Time Including This Change Order Substantial: 90 Davs Final: 110 Davs (Days or Date) The Above Changes Are Approved: By Dated HOLE MONTES, INC. ~R ~r / ~ J The Above Changes Are Accepted: Dat POI Water/Irrigation Mains CHANGE ORDER I loll . PUBLIC PERFORMANCE BOND 130NDNO. 05- bLl;5~ ~ ~ P CONTRACT NO. KNOW ALL MEN BY THESE PRESENTS; THAT Florida State Undp.rarormrlr Tnc. as Principal, and First Sealord Surety, Inc. 33 Rock Hill Road . as Surety, located at Bala Cynwyd, PA 19004 (Business Address) arc held and tim1ly bound to ~znne~m~nl' A~~a~~\LOmmUnlty ,as Obligee in the sum of I~de~iQ~gghege~~~ ~r;ousa~3 two tunareo seven dol Itrs 302,207.16--- ) for the payment whereof we bond ourselves, our heirs, executors, pcrsonal representatives, successors and a~sjgns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the .20_, with Obligee for Water ~ain replacement & .!!,rigation line ext,ension day of --- in acc;;~dance with drawing~ and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDTTION OF THTS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee, .and 3. Performs the guarantee of all work !lnd materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherWise it remains in IhlI force. Any changes in or under the Contract and compliance or noncompliance with any fomlalitlcs connected with the Contract or the changes do not affect Sureties obligation under this Bond, " . , The Surety, for valuc received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions the terms of the Contract or other work to be pertormed thereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alteration or add! tions to the tcrms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will be Surety be liable in the aggregate to Obligee for more than the penal sum of this Per10rmance Bond regardless of the number of suits that my be filed by Obligee, IN WITNESS WHEREOF, the above parties have executed this instrument this day of ,20--, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: K r(\. ~ Witness as to Princi pal STATE OF Florida COUNTY OF _/11 The foregoing instrument was acknowledged before me tilis "2 <" day of Au,?""", ,20t>~:by --rx,,",,'~ p "",,,,,v...:'..., ,as """'??-"'S'"",,", Ofh-'n7/'b~"",~~~~ .a ~:n^ corporation, 011 behalf of the corporation, h' ersonl!lJy know me OR had produced- -r ---::. as identification and did (did 110t) take an oath. 16'1 . First Sealord Surety, Inc. 33 Rock Hill Rd. Bala Cynwyd, PA 19004 (B usincss Address) (Authorized Signature) Witness as to Surety .. . (Printed Name) OR ~fiA()'~ _ 'As Attorney in Fact & Florida Licensed Resident Agent (Attach Power of Attorney) ~ Nielson,_Wojtowicz & Associates 33 6th Street South, Suite #700 St. Petersburq, FL 33701 (Business Address) Kevin Wojtowicz STATE OF COUNTY OF Florida Pinellas (Printed Name) (727) 209-1803 (Telephone Number) My Commission Expires: /'0- he following instrument was acknowledged bel-ore me this _.I' ,20~ by Kevin Wojtowicz ._' as AU rney-in"Fact of First Sealord Suret!,~...Inc. of Surety. He/She is personally known to me OR has produced known as identification and who did (did not) take an oath, C~ , fk..~/~ (Signature ofr-lotary) day of , Surety, on behal f ~:. CATHY M. KNOKE ~lI\W... ~0MM1SSl0N'DDJ5"20 ">~...... lREs, """"""" IJ ~. I~J-NoTAAY FJ J<.i-__ . '''''VU6 ..........yDiscountAaac.eo. .~ (AFFIX OFfICIAL SEAL) Cathy M. Knoke Name: ... (Legibly Printed) Notary Public, Stl\te of Florida Commission No. en. I J.b \- ~; ~1L " STATE OF COUNTY OF The ('allowing instrument was acknowledged before me this ,20_, by ,as day of of . Surety. on behalf of Surety. lIe/She is personally known to me OR has produced as identification and who did (did, not) take an oath. My Commission Expires: (Signature of Notary) Name: (LcgiblyPrinted) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No. PUBLIC PAYMENT BOND 1 b 11 · CONTRACT NO. 0.6 - bL\. t;"3 - ~'t> BOND NO. KNOW ALL MEN BY THESE PRESENTS: THAT Florida State Underground, Inc. as Principal, and as Surety, located at First Sealord Surety, Inc. 33 Rock Hill Rd. Bala Cynwyd, PA 19004 . (Business Address) are held and firmly bound to. )g~~o~tm~~t M an?~t COlTUllunity , as Obligee in the sum of I~~~~ ng91~f.g t~~ t~m~~d c~~~< hundred seven (302,207.16------ ) for the payment whereof we hind ourselves, our heirs, executors, personal representatives, successors and a~signs, jointly and stwerally. WHEREAS, Principal has entered into a contract dated as of the .20_, with Obligee for Water ~a.in replacement & irrigation line extension day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDTTTON OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used direclly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any romlalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations Q/'Section 255.05(2). Tn no event will the Surety by liable in the aggrcgate to claimants tor more than the penal sum of this Payment Bond, regardless of the number (lfsuits that may be filed by claimants, IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of , 20 ,the name of each party being at11xed ~ III [, ~ " ~" "-' 'Ii, . ~ I'l and lhese presents duly signed by its UIlder-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRTNCIP AL: l. :rvR.~ WI J! (Y\ ?~~ Witness as to Principal STATE OF COUNTY 01' le foregoing instrument was acknowledged before me this ~day of ,20~ by Kevin WDjtowiCZ.. ,as At ornev-in-Fact of First Sealord SlJrp.ty_. Inr , a Pennsylvania corporation, on behalf of the corporation. He/She is personally known to me OR had produced known as identification and did (did not) take an oath. My Commission Expires: ~ fk.t~)J~1 . 19nature fNotary) K" CATHY M. KNOKE ~ MYCOMMlSSION# DD3SSI20 '\;o,f\-~ EXPIRES: sep~ 13,2008 1-800.J.NOTARY FLNolaIyDiSOOUl\I~Co. Name: Cathy M. Knoke (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No. Florida ATTEST: SURETY: First Sealord Surety, Inc. (r,ted Name) ~(//1 Kevin Wojtowicz, Attorney-in-Fact and Florida Licensed Resident Agent 1611 . * r>\ '~ ,,6'J' FIRST SEALORD SURETY, INC. Principal Office 33 Rock Hill Road Bala C}'nw}'d, P A 19004 (610) 664-2324 RIDER TO BOND BONDED PRINCIPAL DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, that you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States-to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property; or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage under your existing policy may be affected as follows: YOU SHOULD KNOW THAT COVERAGE PROVIDED BY YOUR BOND FOR LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM, IF ANY, IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. UNDER THIS FORMULA, THE UNITED STATES PAYS 90% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THERE IS A CAP ON OUR LIABILITY TO PAY FOR SUCH LOSSES IF THE AGGREGATE AMOUNT OF INSURED LOSSES UNDER THE ACT EXCEEDS $100,000,000,000 DURING THE APPLICABLE PERIOD FOR ALL INSURED AND ALL INSURERS COMBINED. IN THAT CASE, WE WILL NOT BE LIABLE FOR THE PAYMENT OF ANY AMOUNT WHICH EXCEEDS THAT AGGREGATE AMOUNT OF $100,000,000,000. YOUR BOND SETS FORTH THE EXTENT AND SCOPE OF APPLICABLE COVERAGE. THERE IS CURRENTLY NO PREMIUM CHARGE FOR THIS COVERAGE, BUT FIRST SEALORD SURETY RESERVES THE RIGHT TO CHARGE PREMIUM FOR SUCH COVERAGE IN THE FUTURE. Bond Rider - Terrorism Risk (Ed. 5/9/03) First Sealord Surety, Inc. Power of Attorney 1611 . Power No: MCO-0138-05-13996 KNOW ALL MENBY THESE PRESENTS: That First SeaJord Surety, Inc., a. GOfPorationof the Commonwealth of Pennsylvania. (hereinafter the "Company") has made, constituted and appointed, and by these presents does,~~,k9, constitute and appoint Glenn Arvanitis, Robert Knoke and/or KevirfWojtowicz all of Clearwater, Florida its true and lawful Attorney~jn-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: .*...*uu* Not To Exceed Four Million Dollars~-----------------($4.000.000.00) ............... Such insurance policies, surely bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly ad0pted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect ~Artlcle XII: Policies, Bonds, Recognitions. Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and.by the Secretary or an Assistant Secretary; or b) by an Attorney~ in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the 'President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to Ume detennine. The seat of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in~Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused lhese presents to be duty signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004. /;}i~; e(;' l>~~\'\ ~-u;- 99 ~i:Z_~ (seal)\...l~{~f Attest: ~;.,~~.tf .~,~"",.;-r ~('~ ,/" Gary L. Bragg, Secretary ElY: First Sealord Surety, Inc. Joel ~ President Commonwealth of Pennsylvania Comity 6f Montgomery On this 20th day of January', 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sea lord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate s~al; tha~,itwas so affixed by order olthe Board of Directors of said Corporation; and that hes' ned his name thereto as Vice President ofsai(j Corporation by like authOrity. .'I4,t.:-1":. c:::Z V]~ NotarlaiSeaI +~-...~"'~ ~ --- ~/ (seal)~,~r~~~~i . -/ ~ - NotaryPubhc Lo.::;:t.z.;T~~:~~ '.~~ ,,;, My Commission Elcpires August 5, 2006 ~~~~/ CERTIFICATE Membei" Pennsyt.nllla Association OfNotanes 1, the und~r~.ea'Secretary of First Sealord Surety, Ine do hereby certify that ~e original Powe,r,Qf Attorney of which the foregoing IS a full, true and co~eGt~py,is.:ln full fori;:e and effect on the date of this Certificate and I do fiJttlJ~,r.,,~I1\~,.t~at',the Officer who executed the said Power of Attorney was onE!oofthe Officers authorized by the Board of Directors to appoint an Attorney-in'LFact as 'provided I'n Section 12~ 1 of the By-Laws of First Sea lord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By~Laws of First Sealord Surety, Inc.: "Section 12~2. The use of a printed facsirnile of the corporate, seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney~in.Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with. like effect as if such seal and such signature had been manually a~xed and made." ,':.'''.,',.,.,::':;:::',',:".,: .:.,..'" .:,'.,::.:", ~."",,~'~'~e~f;': I'b;~y~",~~reunto set my hand and affixed the corporate .'1'.1:1:",', ".:". <Illy,,! ,20 . ",...." - preSElllls This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here number sarne nUI11Q~r the original bong d the b()nd number has been 'j:,I;'1,I:'::j':" ::,i~'!:'!\ "',',,1,'''' ., .,' ',' "':,... ,.:' .'.',','.:;" '. ..::'.,,': ':..,',"'1.1',.. 1.11",. "il,'n'I:'I'"WWI;r. j,'i'.',';,','HI'i',".:'/::'".,,':., ,':',1.,.(:"." .':::;,'!".',': "., .' II :' '.'., ".I~I II, . '" '., " ,.' ' "", " 'I 'I. I( I ,"I .: :,)," UI'"" ,".:"",':.'".($,fiiil'f:)',',,: ",,,',1::, ' ", ,.,. ,:'i'i.;.",' ,:Ijii""";. , ., 1,'.1 . ";,,' " "~!:,:'.L' 05 . bL\6?' - ~ ~). the bond o~ ~~ploye.:~ of t~~ Company or by the agent. First_Sealord _Surety ]OAdoc (Ed, 0] /20/2004) Port of the Islands Community Improvement District Combined Balance Sheet July 31, 2005 16 \ 1 . Fund TVDes Totals (memorandum Assets General Debt Service Entervrise on/v) 2005 Cash Operating Account $819.972 $0 $951,347 $1,771.318 Account" Receivable $6.124 $8,363 $14,487 Investments State Board $458.074 $70,811 $528,884 State Board - Reserve $72.069 $72,069 Reserve Account $0 Revenue Account $2.189,048 $2,189,048 Redemption Account $10,950 $10.950 Sinking Fund $0 Accrued Interest Receivable $0 $0 Other Assets $200 $0 $200 Due from Other Funds $0 $139.849 $94,618 $234,468 Prepaid Expenses $0 $0 $0 Deposits $0 $0 Plant & Equipmtlnt $4,218,621 $4,218.621 Property $90,480 $90,480 Amount Available/Debt Service $0 Amount to be ProvidedlLong Term Debt $0 IITotalAA<ets $1,356,438 $2,339,848 $5,434,240 $9,130,5261 Liabilities Accounts Payable $781 $781 $1,562 Due to Other Funds 234,933.33 $0 0 $234,933 Customer Deposits $23,450 $23,450 Note Payable - Backhoe $17,403 $17,403 Hond'! Payable $0 Matured Principal Payable $30,000 $30,000 Matured Interest Payable $548,100 $548,100 Fund Equity, Other Credits Investments in General Fixed Assets $0 Contributed Capital $5,121,]34 $5,121,134 Retained Earnings $271,472 $271,472 Fund Balances Designated for Reserve $72.069 $72,069 Unreserved $1.048.655 $1,048,655 Reserved for Debt Service $1.761,748 $1,761,748 Reserved for Capital Projects $0 ITotal Liabilities, Fund Equity & Other Credits $1,356,438 $2,339,848 $5,434,240 $9,130,5261 ~ 1 ~ <I 6 Port of the Islands 1 r ' i 1 b . Community Improvement District General Fund Statement of Revenues & Expenditures For The Ten Montl1s Ended July 3 1,2005 General Fund Prorated Budget Actual Budget thru 7/31/05 thru 7/3]/05 Variance Revenues Maintenance Assessments $725,780 $725,780 $1,047,422 $321,642 Interest/Miscellaneous Income $1,200 $1,000 $11,554 $10,554 Total Revcnucs II $726,980 $726,780 $1,058,975 $332,19511 Administrative Expenditures Supervisors Fees $6,000 $5,000 $4,300 $700 Payroll Tax Expensc $0 $0 $394 ($394) Engineering Fees $16,500 $13,750 $33,102 ($19,352) Attorney's Fees $12,000 $10,000 $16,092 ($6,092) Annual Audit $6,400 $5,333 $397 $4,936 Compliance Services $0 $0 $0 $0 Management Fees $2 I ,634 $18,028 $ I 6,226 $1,803 Computer Fees $750 $625 $563 $63 Records Storage $50 $42 $0 $42 Rebate Calculation $625 $521 $0 $521 Trustcc Fces $500 $417 $383 $34 Property Appraiser $11,581 $9,651 $0 $9,651 Assessment Roll $8,400 $7,000 $6,300 $700 Tax Collector $0 $0 $4,824 ($4,824) Travel & Per Diem $250 $208 $0 $208 Telephone $350 $292 $82 $210 Postage $2,500 $2,083 $2,650 ($567) Rcntals & Leases $1,200 $1,000 $400 $600 Insurance $10,000 $10,000 $12,396 ($2,396) Printing & Binding $2,000 $1,667 $1,707 ($40) Legal Advertising $1,200 $1,000 $1,337 ($337) Other Current Charge $600 $500 $1,977 ($1,477) Office Supplies $350 $292 $288 $4 Dues & Licenses $175 $146 $0 $146 Capital Outlay $500 $417 $0 $417 Total Administrative Expcnditur~ $103,565 $87,971 $103,415 ($15,445)11 - 2- -3 - Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For The Ten Months Ended July 31, 2005 Debt Service Prorated Budget Actual Budget thru 7/31/05 thru 7/31/05 Revenues Special Assessments Assessments - Direct Bill Prepaid Assessments Interest Income $982,050 $0 $0 $0 Total Revenues II $982,050 Expenditures Principal Expense Interest Expense Special Call Other Debt Service Costs* $450,000 $517,050 $0 $] 5,000 Total Expenditures II $982,050 Excess Revenues (Expenditures) $0 Beginning Fund Balance $0 Ending Fund Balance $0 * Includes costs related to legal services -4 - $982,050 $0 $0 $0 $923,403 $2,]] 5,094 $20,170 $1,672 ~1 i~ JLWeJi. Variance ($58,647) $2,115,094 $20,170 $],672 $982,050 $3,060,339 $2,078,28911 $450,000 $517,050 $0 $12,500 $979,550 $0 $0 $0 $39,875 $39,875 $450,000 $5] 7,050 $0 ($27,375) $939,675 II $2,500 $3,020,464 $1,138,614 I ($1,258,716) $1,761,748 Port of the Islands 16 I 1 . ...' Community Improvement District Water & Sewer Statement of Revenues & Expenditures For The Ten Months Ended July 31,2005 Water & Sewer Prorated Budget Actual Budget thru 7/31/05 thru 7/31/05 Variance Revenues Maintenance Assessments $718,791 $598,993 $1,030,423 $431,431 Sewer Revenne $67,639 $56,366 $50,363 ($6,003) Water Revenue $42,460 $35,383 $33,328 ($2,055) Irrigation Revenue $40,000 $33,333 $51,166 $17,833 Meter Fees $5,250 $4,375 $8,250 $3,875 Interest/Misc Income $500 $417 $4,052 $3,636 Total Revenues II $874,640 $728,867 $1,177,582 $448,71611 Administrative Expenditures Supervisors Fees $6,000 $5,000 $4,300 $700 Payroll Tax Expense $0 $0 $394 ($394) Engineering Fees $15,000 $12,500 $33,1 02 ($20,602) Legal Fees $12,000 $10,000 $16,092 ($6,092) Annual Audit $4,900 $4,083 $398 $3,685 Compliance Services $0 $0 $0 $0 Management Fees $21,634 $18,028 $16,226 $1,803 Computer Services $750 $625 $563 $63 Records Storage $50 $42 $0 $42 Trustee Fees $1,300 $1,083 $383 $701 Property Appraiser $11,470 $9,558 $4,512 $5,046 Arbitrage Calculation $625 $521 $0 $521 Utility Billing $8,925 $7,438 $0 $7,438 Travel & Per Diem $250 $208 $0 $208 Telephone $200 $167 $0 $167 Postage $1,500 $1,250 $697 $553 Rentals & Leases $1,200 $1,000 $4,466 ($3,466) Printing & Binding $350 $292 $130 $162 Insurance $10,000 $10,000 $ 12,396 ($2,396) Legal Advertising $1,400 $1,167 $1,337 ($170) Other Current Charge $2,350 $1,958 $1,613 $345 Office Supplies $350 $292 $0 $292 Capital Outlay $500 $417 $0 $417 Bad Debt $90,258 $75,215 $0 $75,215 Total Administrative II $191,012 $160,843 $96,608 $64,235 ~ - 5- c~. I" " 1 Port of the Islands I~~ . <'- Community Improvement District Water & Sewer Statement of Revenues & Expenditures For The Ten Months Ended July 31, 2005 Water & Sewer Prorated Budget Actual Budget thru 7/31/05 thru 7131/05 Variance Maintenance Expenditures Personnel $56,468 $47,057 $53,605 ($6,548) Overtime Pay $11,700 $9,750 $0 $9,750 Bonus Pay $900 $750 $0 $750 FICA Expense $5,284 $4,403 $4,101 $303 Health Insurancc $3,630 $3,025 $4,849 ($1,824) Pension $3,953 $3,294 $539 $2,756 Workers Compensation $3,700 $3,083 $2,904 $]80 Contractual Services $25,000 $20,833 $4,252 $16,581 Telephone $2,500 $2,083 $5,737 ($3,653) Utilities $32,414 $27,012 $24,482 $2,530 Rentals & Leases $13,500 $11,250 $5,139 $6,111 Repairs & Maintenance $20,000 $16,667 $31,779 ($15,112) Operating Supplies $75,000 $62,500 $72,509 ($10,009) Licenses $1,500 $1,250 $0 $1,250 Renewal & Replacement $250,000 $208,333 $10,509 $197,824 Total Maintenance II $505,549 $421,291 $220,403 $200,888 II Total Expenditures II $696,56 I $582,134 $317,012 $265,123 II Net Income (Loss) I $178,079 $860,571 Beginning Rctained Earnings I ($589,098) Ending Retained Earnings I $271,472 -6- v-I - '-C) ~ .... 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'" ::~ ~ 8 ~ ~J~2~ ':t! ,'-'.' o o o ~ ~~~:;r~g~~~o,;~~o,;~ rtiu-i,..;..o:oc:ir-.:u-ir-.:..o:.,fa,;om NNOO'l<")O'lCOCOMM"'-\OO_ M..,CO....."1""'-M"'-"'..,"'-.....\OM VT .....~ O'\~ ..,~ M~ "1"~ ..,~ ",' :i '.D' M~ "1"~ M~ O'I~ :2~~~~~~_~~VT~~ vt _ _ VT lift .....' VT ~ C!C!C!C!g..,...,..,..,..,...,...,..,V) ;:~~~~~~~~~~~~f o o ~ '" :; o '" ... '" o M o ... '" '" ~ ... '" '" M '" " o '" o ;;; ~ N ... ~ " o ;;; o o .; ... '" :; o '" ... c:: " " '" o ~ ;; .. .,; '0 "', f; ~ '" .,; ~ o o '" o '" ... ~ ~ ~ f2 lQ , 1 . Bank Account. Check Details August 22, 2005 Period: 07/01/05..07/31/05 Page 1 PORT OF THE ISLANDS WHITEP This report also includes bank accounts that only have balances. Bank Account: Date Filter: 07/01/05.,07/31/05 Check Printed Entry Origlna Bal. Bal. Account Entry Date Check No. Description Amount Amount Voided Amount Status Entry S Accou No. No. 4130 PORT OF THE ISLANDS CID GF Phone No. 07101/05 50532 UBS FIDUCIARY TRUST COM 1,077.32 0,00 1,077.32 Financial Posted Venda 46 143 07/07/05 50533 THEODORE R. BISSELL 184.70 0.00 0.00 Posted Emplo 144 07/07/05 50534 RICHARD A GATTI 134.70 0,00 0.00 Posted Emplo 2 145 07/07/05 50535 DAlE M. LAMBERT 184.70 0.00 0.00 Posted Emplo 3 146 07/07/05 50536 NORINE E. DilLON 184.70 0,00 0.00 Posted Empie 7 147 07/12/05 50540 AMERICAN EXPRESS 686.82 0,00 0_00 Posted Venda 18 151 07/12/05 50541 ATASHIAN, JOHN A 32.67 0.00 0.00 Posted Venda VOOO54 152 07/12/05 50542 BOND, GEORGE 50.00 0_00 0.00 Pasted Venda VOO055 153 07/12/05 50543 CRAMER, IRENE Y. 38.50 0.00 0.00 Pasted Venda VOO053 154 07/12/05 50544 DANIEL H_ COX, ATTORNEY 6,100.08 0.00 0.00 Pasted Venda 76 155 07/12/05 50545 DIETER, DICK & PAT 28.43 0.00 0.00 Pasted Venda VOO046 156 07/12/05 50546 EXXON MOBIL 39.87 0.00 0.00 Pasted Venda VOO027 157 07/12/05 50547 FERGUSON ENTERPRISES, I 5.58 0.00 0.00 Posted Venda 45 158 07/12/05 50548 GREAT LAKES HOMES OF S 361.23 0,00 0.00 Posted Venda VOO049 159 07/12/05 50549 GUY L. CARLTON 20.56 0,00 0.00 Posted Venda 64 160 07/12/05 50550 JONES, LEROY 32_98 0.00 0.00 Posted Venda VOO056 161 07/12/05 50551 JORGENSEN, DANIEL 50.00 0.00 0.00 Posted Venda VOO058 162 07/12/05 50552 KAREN, BONNIE 49.69 0.00 0.00 Posted Venda VOO050 163 07/12/05 50553 KLEBAN OFF, HAROLD 38.57 0,00 0.00 Posted Venda VOO052 164 07/12/05 50554 LEE COUNTY ELECTRIC, INC 13.78 0.00 0_00 Posted Venda 37 165 07/12/05 50555 LEE, NINKE M. 7.29 0,00 0.00 Posted Venda VOO045 166 07/12/05 50556 MILLER, RAYMOND 39.98 0.00 0.00 Posted Venda VOOO48 167 07/12/05 50557 MITCHELL WATER SERVICE 315.00 0,00 0.00 Posted Venda VOO061 168 07/12/05 50558 NAPLES DAILY NEWS 196_32 0.00 0.00 Posted Venda 28 169 07/12/05 50559 NEXTEL COMMUNICATIONS 469.60 0.00 0.00 Posted Venda VOO029 170 07/12/05 50560 PARAMOUNT CHEMICALS 310.55 0.00 0.00 Posted Venda VOO028 171 07/12/05 50561 PERSHING FBO 1,077.32 0,00 000 Posted Venda VOO022 172 07/12/05 50562 PORT OF THE ISLANDS CID 624.07 0.00 0.00 Posted Venda 3 173 07/12105 50563 PORT OF THE ISLANDS CID ( 1,099.77 0.00 0.00 Posted Venda 54 174 07/12/05 50564 PROFFITT, CLAUDIA 28.18 0.00 0_00 Posted Venda VOO047 175 07/12105 50565 SANDERS LABORATORIES, I 1,434.00 0,00 0.00 Posted Venda VOOO17 176 07/12105 50566 SEVERN TRENT ENVIRONM 4,908.61 0.00 0.00 Posted Venda 36 177 07/12/05 50567 SIMS, LOUISE W. 49.26 0.00 0.00 Posted Venda VOO059 178 07/12/05 50568 S, KRUMMREI 49.57 0,00 0.00 Posted Venda VOO057 179 07/12/05 50569 ZWEIGORON, FLOYD 38.45 0.00 0_00 Posted Venda VOO051 180 07/13/05 50537 JAMES L. VENVERTLOH 1,187.49 0.00 0_00 Posted Emplo 6 148 07/13/05 50538 DAVID T. STEPHENS 1,892.66 0.00 0_00 Posted Emplo 8 149 07/13/05 50539 FRANKIE A. CLAPHAM 752.85 0.00 0.00 Posted Emplo 10 150 07/23/05 50570 AETNA 507.93 0.00 0.00 Posted Venda 74 182 07/23/05 50571 AMERICAN EXPRESS 717.25 0,00 0.00 Posted Venda 18 183 07/23/05 50572 CORAL SPRINGS IMPROVEM 125.18 0.00 0.00 Posted Venda 11 184 Continued. 25,146_21 0.00 1,077.32 1 t 1 (....., J ) ,. 0 Bank Account - Check Details August 22, 2005 Period: 07/0t/05..07/31f05 Page 2 PORT OF THE ISLANDS WHITEP Check Printed Entry Origlna BaJ. Ba!. Account Entry Date Check No. Description Amount Amount Voided Amount Status Entry S Accou No. No. Continued 25.146.21 000 1,077.32 07123105 50573 DANIEL H. COX, ATTORNEY 2,471.27 000 0.00 Posted Venda 76 185 07123/05 50574 EXXON MOBIL 5397 0.00 0.00 Posted Venda VOG02? 186 07/23/05 50575 FEDEX 190.56 0.00 0.00 Posted Venda 12 187 07/23/05 50576 GMAC PAYMENT PROCESS I 480.46 0,00 0.00 Posted Venda 68 188 07/23/05 50577 HOLE, MONTES & ASSDC1AT 10,064.92 000 0.00 Posted Venda 15 189 07/23/05 50578 INDUSTRIAL AIR PRODUCTS, 5.00 0.00 0.00 Posted Venda VOOOO3 190 07/23/05 50579 UQUID ENGINEERING CORP 3,240,00 000 0.00 Posted Vendo VOO062 191 07/23/05 50580 MADER ELECTRIC MOTORS 3,658.44 0.00 0.00 Posted Vendo VOOO34 192 07/23/05 50581 MCCONNELLS TRUE VALUE 59,72 0.00 0.00 Posted Venda V00020 193 07/23/05 50582 MCI COMM SERVICE 37.14 0,00 0.00 Posted Venda VOOO05 194 07/23/05 50583 NAPLES DAILY NEWS 153.60 0,00 0.00 Posted Venda 28 195 07/23/05 50584 NEXTEL COMMUNICATIONS 188.43 000 0.00 Posted Vendo VOOO29 196 07/23/05 50585 PARAMOUNT CHEMICALS 291,50 000 0.00 Posted Vendo VOO028 197 07/23/05 50586 SANDERS LABORATORIES, I 4,61500 0,00 0.00 Posted Venda VOO01? 196 07/23105 50587 SOUTHERN ANALYTICAL 10500 000 0.00 Posted Venda VOO010 199 07/23/05 50588 SPRINT 302.73 0.00 0.00 Posted Venda VOOO04 200 07/23/05 50589 UNIVAR USA INC. 1,062.50 0.00 0,00 Posted Venda VOOO08 201 07/23/05 50590 WASTE MANAGEMENT 51.75 0.00 0,00 Posted Vendo VOO063 202 07/26/05 50594 LEE COUNTY ELECTRIC, INC 0.00 0.00 0.00 Voided Venda 37 206 07/26/05 50595 LEE COUNTY ELECTRIC, INC 9,604.61 0.00 0.00 Posted Vendo 37 207 07/27/05 50591 JAMES L. VENVERTLOH 1,048.26 0.00 0.00 Posted Emplo 6 203 07/27/05 50592 DAVID T. STEPHENS 1,892.66 0.00 0.00 Posted Emplo 8 204 07/27/05 50593 FRANKIE A. CLAPHAM 734.29 0,00 0.00 Posted Empla 10 205 07/29/05 50596 FEDEX 10.03 0.00 0.00 Posted Vendo 12 208 07/29/05 50597 PORT OF THE ISLANDS CIO 240.11 0.00 0.00 Posted Vendo 3 209 PORT OF THE ISLANDS CID GF 65,708.16 0.00 1,077.32 6802 PORT OF THE ISLANDS, CID WS Phone No. 07/22/05 3114 STATE BOARD OF ADMIN 1ST 380,000.00 0.00 380,000.00 Voided Printed Venda 59 181 PORT OF THE ISLANDS, CID WS 380,000.00 0.00 380,000.00 -:r- ~- 16 f.l . . Collier Mosquito Control District 600 North Road, Naples, FL 34104-3464 Administration: 239-436-1000/239-436-1005 (fax) Hangar: 239-436-1008/239-436-1007 (fax) www.collier-mosquito.org '-0 l\ /t,,-l<, ' ~ ',' I".~ 1 MEETING SCHEDULE Bt:=:C COLLIER MOSQUITO CONTROL DISTRICT " " BOARD OF COMMISSIONERS Jt:,N FISCAL YEAR 2005-2006 , ".,:Jii , 1,0,,, ~ '.:C l" Meetings will be held at District Headquarters, 600 North Rd, Naples, FL TIME DATE DAY OF WEEK October 31 November 22 December 20 January 20 February 21 March 14 April II May 16 June 7 July 6 (Budget Workshop) July 13 August 15 September 19 9:30 a.m. 10:00 a.m. 10:00 a.m. 1:00 p.m. 10:00 a.m. 10:00 a.m. 10:00 a.m. 10:00 a.m. 10:00 a.m. 10:00 a.m. 10:00 a.m. 10:00 a.m. 3:00 p.m. 5:01 p.m. (2nd Hearing) Monday Tuesday Tuesday Friday Tuesday Tuesday Tuesday Tuesday Wednesday Thursday Thursday Tuesday Tuesday ~~~h Rev. 11122/05 Spray Schedule: 239-436-/010 Misc. Corres: Immokalee Substation: / 195 Airpark Blmte: ,;JIlt../- Dfo I Immokalee, FL 34142' . (. i 239-867-3200Item#J1r;:!;;B d-. Executive Director: Frank Van Essen. Ph.D. Board of Commissioners: Robert D. Geroy, Chairman Robert A. Boyer. Secretary Jeanne E. Brooker, Treasurer Linda M. Hartman John F. Johnson Copies to: lb\ "'"';. 1 .. BAYsAOI. ~lIl1ea1lo,. M.8.7 Jt. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 Minutes Fiala ~ Halas ,,~ Henning Coyle i..--;:::' Coletta _I/" December 14,2005 I. The meeting was called to order by Tom Finn at 4:04 PM. Maurice Gutierrez, Vice Chairman arrived at 4:05 PM and conducted the rest of the meeting. II. ATTENDANCE: Members: Maurice Gutierrez, Tom Finn, Victor Brittan, Raymond Perrine, Bill Neal (Excused) County: Darryl Richard-Project Mgr., Christina Apkarian-in Tessie's absence, Pam Lulich-Project Mgr., Diane Flagg-ATM Director Others: Aaron Gross-Ground Zero, David Jackson-CRA Director, Sue Chapin- Manpower Services III. APPROVAL OF AGENDA Add: Appointment of New Committee Member under "New Business" "A". FYI - Mike Pettit will do a brief presentation on the Sunshine Law at the January meeting. Tom Finn moved to approve the Agenda as amended. Second by Ray Perrine. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: November 9, 2005 Tom Finn moved to approve the Minutes of November 9, 2005. Second by Victor Brittan. Carried unanimously 4-0. V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross . Plantings being done . Darryl mentioned they will pursue payment from McCabe for damage to the irrigation system . Fertilized Turf and Shrubs . Some trees are questionable for replacement - Foxtails were recommended . Pictures of different trees was passed around for the Committee to identify with . Will use Mahogany's to fill in some areas . $16.459 was proposed for various tree replacements . $2,983 was proposed to remove tree debris left in the ground (13) . FEMA debris dean-up reimbursement was discussed Tom Finn moved to approve $19,442 for the various tree replacement and removal of the tree debris from stump removal. Second by Ray Perrine. Carried unanimously 4-0. Maurice asked what the problems are with the Irrigation between the sidewalk and curb - seems there is no grass, dead grass or weeds. He ~llI1MS being replaced. Date: c:t) / "I /01., Item': / h:J:. ~ C (I) 1 CopieS to: 1 ~ 1 t' ~i ; I . U "_.~ Aaron responded it is part of the problem from McCabe's project and will be reimbursed from Mr. McCabe. Maunce also mentioned he has a royal palm on his property he is willing to donate to the MSTU at some point in time, if needed. 1. Irrigation Clocks - Pam will get quotes for the complete project to upgrade to the Motorola system. VI. TRANSPORTATION SERViCES REPORT: A. Budget - Tessie Sillery - (Christina for Tessie) Budget was distributed. (Attached) The various expenditures and revenues were covered _ Christina will send the Chairman the General Liability Insurance information that all the committee members are covered under. VII. OLD BUSINESS: A. Future Projects 1. Letter from Windstar (Effluent water) - Bill Neal . No information from Bill Neal as he was not in attendance. . Diane Flagg will address this issue with the Waste Water Director. . Pam Lulich updated the Committee members on updating the pipes and making sure the visible valve covers are mar1<.ed for Re-Use. Will look at the plans for no conflicts. . If application is approved, will need a Design Specialist to bring it up to standards. Will need to wor1<. with a Landscape Architech for quotes. Ray Perrine moved to authorize staff to obtain quotes from a Landscape Architech for the effluent water change. Second by Victor Brittan. Carried unanimously 4-0. 2. Effluent Water pipes - Darryl Richard Addressed above. B. Review of MSTU Ordinance by Committee Members Mr. Jackson had made recommendations at the last meeting and the Committee was to come up with their ideas at this meeting. The original reason for discussing the Ordinance was the addition of Bus Shelters with the MSTU funding them. In the meantime, the County will be installing and funding them. The Committee had thought of broadening their scope of projects to encompass side streets etc. Sidewalks and Storm Water was mentioned. They do not want to change the boundaries. Mr. Jackson - eRA Director - stated when reading the Ordinance it was specific in some areas and vague in others and the MSTU might want to broaden their scope. If they don't list the things they want to do, the Attomeys will ask them to change the Ordinance. If Bayshore is done - he wondered where or what else they going to do. Diane Flagg asked what projectls the Committee wanted to do that wasn't addressed in the Ordinance. A discussion followed on the grants. 2 lb\l · B. Grant Funds - the Committee has a grant for $200,000 which can go for decorative lighting. Staff recommends keeping n on Bayshore. Would need to go to the MPO and have it approved - $50,000 for design and $150,000 for the lighting was approved at the last meeting. Diane mentioned the 2 major plans to finish their Master Plan - which consists of: the connection for re-use water and the lighting on Bayshore. When finished, the Master Plan would then be completed. After that the Committee can brainstorm for developing additional projects and another Master Plan. May want to work with the CRA on identifying projects for each entity. The CRA has developed a Master Plan that would include taking 2 streets in Bayshore each year and provide for lighting, streets, street trees, irrigation and sidewalks. Diane suggested Mr. Jackson get a copy of the CRA Master Plan to Darryl for him to look it over for coordinating the two en@es if possible. Mr. Jackson needs to contact Nick Casalanguida to help in some of the future projects for the CRA. More discussion followed on the lighting situation, grant funds, working with the CRA, commitments, the Consultant recommending options, 2007 Budgeting for Master Plan and the lighting project not be with Cobra lights. Diane also mentioned and explained the MSTU cannot enter into negotiations - they are a body that assesses a millage rate, receives funds and has a clear direction in their Ordinance. The Committee decided there was no need to amend the Ordinance at this time and will table until further notice. VIII. NEW BUSINESS: A. New Committee Member Victor Brittan moved to accept and recommend to the BCC the re- appointment of Tom Finn for the Bayshore MSTU. Second by Ray Perrine. Carried unanimously 4-0. IX. PUBLIC COMMENTS: None Being no further business to come before the Committee, the meeting was adjourned at 5:45 PM. The next meeting is Wednesday, January 11, 2006, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 3 16'11 . lJaygAOI. BMMllleatlOlt M.B.7 Jc. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS December 14, 2005 III. & IV. Agenda and Minutes were approved as amended. V. Landscape Maintenance Report: A. Ground Zero Various tree replacements and stump removal debris was discussed and proposed. Tom Finn moved to approve $19,442 for the various tree replacement and removal of the tree debris from stump removal. Second by Ray Perrine. Carried unanimously 4-0. VI. A. Future Projects Effluent Water was discussed. Ray Perrine moved to authorize staff to obtain quotes from a Landscape Architech for the effluent water change. Second by Victor Brittan. Carried unanimously 4-0. B. Review of Ordinance and Grant Funds Discussion followed on various items in a possible change to their Ordinance, eRA issues and their Grant. VII. New Business: A. New Committee Member Victor Brittan moved to accept and recommend to the BCC the re- appointment of Tom Finn for the Bayshore MSTU. Second by Ray Perrine. Carried unanimously 4-11. 1 6., ~ 1 ol'lo J, J , lJay,AOIII BMtdIIlMlIOll M.8.7.u. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 January ii, 2006 Aaenda I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: December 14, 2005 V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross 1. Irrigation Clock quote (Motorola) VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery VII. OLD BUSINESS: A. Future Projects 1. Letter from Windstar (Effluent water) - Bill Neal 2. Update on the Effluent Water project - Darryl Richard B. Grant Update VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting Is Wednesday, January 11, 2006, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 . 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H. 2005 (Sf) ;;.'-' ";'''''.':'''''' Sue Filsou Executive Director Board of COUDty CommiuioDen 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson Thaak you for the opportunity to serve apia on the Bayshore Beautifieatiou Advisory Committee. I would like to coDtinue with this eDdeavor for uext three yean if possible. I bave attaebecl my applieatioD as requested Very truly yoan. ~~'4~t {;.~ Thomas E. Fiun ... Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 ., t' \: 1 t~ \J ,.<'J o . Application for Advisory Committees/Boards Name: '-~ ~ 4. ." E, h' KJ IJ Home Phone: 7 q '3 - 1..() '&' ) HomeAddress:?-.n..4 {(J"l(ijlflu/I-{€r C/n-:.f", Zip Code: ~t./, t' '1'- Fax No. 79 !l-1" 1r C Business Phone: Place of Employment: V e. + ; V' e J. Board or Committee Applied for:_G.:J "I' <; ~ d re Category (if applicable): Eumple: Commiuion District. Developer, eDvironmentallst, lay penon, fie. e-mail address:-rp , '.." ~ r <e v ~ c:...o..... c: 2 ,1"; ;.Jc t K s TV How long have you lived in Collier County: Yean I 1.- Months /NO Are you a registered voter in Collier County: Yes . Do you currently hold public office? Yes If so, what i. that om..? No {../ Have you ever been convicted of any offense against the Law? If yes, explain: Do you BOW serve, or bave you ever served, on a CoUter County board or CGmmlttee? Yes V"" No If yes, pI.... list th. commltteeslbo.rd.: f>Z>fd"..r<<-. I--(STu '&-d.J~~O~'(' 1n".....A Yes No V Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: (h~~~:..~ d--l J~~ ~f~[~'~'" ~^~~a. ~~~.t ri~ve~-t-... D.o'~ . ~ k, ~ 'lAl~""''' i'1. I_...~ V':to\l"~ p/'O....~I'...1 ""- .....,JA#~'ifI' U );-....,l'W+~..... C...t!:: Education:-,-,-F u ~ I '" f? e ... " ... ,. ""I'" ~IJ ""', Experience: \J:~ p G?....e"';j~"+ jo.{".....ei- ;..~ ~:~~;). -~"r~~v ~!1~'~:~ S. Ulll.( ~-hTe UiAiv e..~;-rc; 8'1.c:. <; i.t..I. "'2-tJ a...l (\2pp-i't'- C .C', ~"~~+~e4 A C;C;..Il . Pkaellltllc' 4IIJ)' tuldltifnuIl "'ltmNlUMyoIIlHlpel'lhral. Tib w".....,~. ,1UHUd IMjtll'WtU'tIft III s- FilIM. ~ M~'tIJ tAelJtMtd ofC(l1UIty c....iftltI..,... 310/ Hal TtIMIiufd TI1Iil. Nttp/a, FL 3~1l2. /fytm wl6J.,pletueftIXytIMI.pP"--':_" UI (239)774-3602., HllIIlI to swfl/sfHffii1ctJlll.l'f1t111.lIft. TluuUcytNlfN HhllllUrUv ttI urve tile citi:#,.. _Ie.,., C4NUlty. 1b\1 · f~".'". ~,~ \:-,,; E'!' Ir-O ,""^",~. 'r iI~_ BaysAor. 8HlttlllMlloH M.8.7 Jc. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 . 'NW '~ t.'IJVU ] ,,'\1; ni;:,~:'()ni,~;S SUMMARY & MOTIONS January 9, 2006 Fiala Halas (.. Henning V Coyle __ v /' Coletta _ _1 ---~- / HI. Approval of Agenda - Agenda was approved as amended with the addition of Chief Assistant County Attorney's presentation. IV. Approval of Minutes - Tom Finn moved to approve the minutes of December 14,2005. Second by Maurice Gutierrez. Carried unanimously 5-0. V. Landscape Maintenance Report: A handout was distributed by David Jackson, Director of the CRA concerning the height of hedges on Thomas Ryan's property, Tom Finn moved to leave the hedges at their maximum height according to County Standards and after the exotics have been removed, will be looked at again. Second by Maurice Gutierrez. Carried unanimously 5-0. 1. Irrigation Clock quotes - Tom Finn moved to accept the Bid of $6,830 from E. B. Simmonds for bringing the Motorola Irrigation Clock up to standards. Second by Victor Brittan. Carried unanimously 5-0. VI. Transportation Services Report : A. Budget - many items of discussion on budgeted items and various projects were discussed for the Bayshore area, The Committee decided they needed to hold a Special Meeting to discuss Phase II. The meeting will be held on January 26, 2006 at 10:30 AM. Mile, Correa: Date: Item#: Copies to: ,,' (' " I>. \' l: ,'; ~.~~ ~.... BaVtAOIII BMlftlllUltloH M.s.7 JI. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 February 25, 2006 SPECIAL MEETING AGENDA 10:30 am I. CALL MEETING TO ORDER II. ATTENDANCE: III. NEW BUSINESS: A. Bayshore MSTU Phase H BeautifICation Program IV. PUBLIC COMMENTS: V. ADJOURNMENT The next meeting is: Wednesday, February 8, 2006 4:00 PM ,I ,"-4'1, \~ (.l~ Gl r I. i, ~-,., lJaysAOItI s.-"llutlIOH M.8.7 Je. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 February 8, 2006 Aaenda I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: January 9. 2006 V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross B. Updale on Irrigation Clock VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery B. Insurance coverage from the County conceming Hurricane Wilma - Darryl c. Suggestions from Bob Petersen on tree replacements - Darryl D. Consultant for Effluent Water Project - Darryl E. Update on location where Grant Funds will be used F. Banner Anns - Darryl G. Brick Pavers vs. Stamped Concrete Specs - Darryl VII. OLD BUSINESS: A. Review of Phase II VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting is Wednesday, March 8, 2006, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 1 ... " {) \1 . BaysAOI. S.IJIftIIlMtloH M.8.7-". Advisory Committee 2886 Horseshoe Drive South Naples FL 34104 January 11, 2006 Meetina I. The meeting was called to order by Chainnan Bill Neal at 4:06 PM. II. ATTENDANCE: Members: Bill Neal, Tom Finn, Victor Brittan, Raymond Perrine, Maurice Gutierrez County: Darryl Richard-Project Mgr., Christina Apkarian & Tessie Sillely-MSTU Coordinator, Pam Lulich-Project Mgr., Diane Flagg-ATM Director, Mike Pettit-Chief Assistant County Attomey, Roger Dick- Irrigation Project Mgr. III. APPROVAL OF AGENDA A presentation on the Sunshine Law by Attorney Pettit will be given following the Approval of Minutes. Report on MSTU Budget Offlce meeflng by Vktor BrittaIJ.. Under New Business (1) Letter from Mr. Jackson-under New Business (2) Victor Brittan moved to approve the Agenda as amended. Second by Tom Finn. Carried unanimously 6-0. IV. APPROVAL OF MINUTES: December 14, 2006 Tom Finn moved to approve the Minutes of December 14, 2005. Second by Maurice Gutierrez. Carried unanimously 6-0. ""Mike Pettit-Chief Assistant County Attorney gave a presentation on the Sunshine Law. Some important issues covered are as follows: (Handout attached) . Members are encouraged to attend the Seminar held every fall on Public Records, Ethics and Sunshine Law. . Meetings need to be noticed (within 3 business days) - notices sent to radio, TV, newspaper libraries and posted al meeting locations-if not printed in the newspaper does not mean It was not noticed. (fhis needs to be done monthly) . Need a meeting room to accommodate the public . Minutes need to be taken even if it is taped or videoed - tapes are public record- minutes do not need to be verbatim-minutes need to have motions and votes recorded and show what happened at the meeting. Public needs to have access to minutes. . More than one advisory committee member together is a meeting and needs to be noticed. Members seen together in a social setting cannot discuss matters that are to come before the Boardls they serve on (Examples were given) . Telephone conversations and computer generated email is in violation of the Sunshine Law. Correspondence through a non-member from Board member to Board member is allowed as long as there is no participation back to the Board member. A non-member cannot be used as an intermediate between Board members. . Can be Criminal and non-criminal Penalties - Attorney Fees - Civil Action if violated . Advisory Committees are to make recommendations to the BCe- final action is not taken - if taken it Is void. 1 ~~~ u ,. \~ ... "".... o V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross o Mulch has been completed o Trees will be finished Wed. o Fertilizer competed in December o Small plant material has been planted A handout was distributed from David Jackson-CRA Director concerning the height of a particular hedge on the property of Mr. Thomas Ryan. Discussion followed on the height of the hedge and a Code Enforcement Violation for exotics. Tom Finn moved to leave the hedges at their maximum height according to County standards and after the exotics have been removed, will be looked at again. Second by Maurice Gutierrez. Carried unanimously 5-0. 1. Irrigation Clock quote (Motorola) Roger Dick -Irrigation Project Mgr. - explained how he can bring the system up to standards - it will show details and help with maintenance. They need to run some wires and install a pedestal. This will keep the circuit boards above water during heavy rains. This will be done by an Annual Contractor, E. B. Simmonds at a cost of $6,830. The County will then monitor at no cost to the MSTU. Tom Finn moved to accept the Bid of $6,830 from E. B. Simmonds for bringing the Motorola Irrigation Clock up to standards. Second by Victor Brittan. Carried unanimously 5-0. VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery (Christina Apkarian replacing Tessie) Budget was distributed with the various items discussed. (Attached) o The Grant- The Bridge Project has basically been completed unless the Committee wanted to finish it with pagodas that were proposed at one time. o Hurricane Wilma expenditures were a line item of which has been submitted to FEMA for reimbursement. Invoice copies will be given to Committee members. Danyl will follow- up with the Counties Insurance on whether any items are covered by them from Hurricane Wilma. o Many palms from Bayshore and 41 to the Shopping Center need to be replaced - have asked Bob Petersen in the past for suggestions to modify that area. Danyl will follow through with Bob. After Ground Zero is finished with his tree replacement, Darryl will have Bob check into the other areas for additional replacements to keep consistency in the Bayshore area. o Revenues were covered - Mr. Neal estimated the total revenues to be approx. $1. 7M and stated he hopes to see projects and areas they can use the funds or they need to give the funds back to the taxpayers. o Ughting - the Grant is for lighting on Bayshore. Replacing the Cobra Head lighting was again discussed. Flexibility of spending the Grant money was questioned. The description can be changed of where to put the lights with mostly paperwork involved and approved by the Board. If County Standard Decorative lighting is installed, the County will maintain it. The Committee has the funds to remove the Cobra heads and put in the decorative lighting for the entire length of Bayshore. o Bayshore Phase I has been completed and will now work on Phase II o Effluent Water - Mr. Neal was to approach Windstar to see if they can connect with them after the County mentioned they could not provide the effluent for Bayshore. Now the County has put them at the top of the list and Mr. Neal does not have to pursue the situation with Windstar. Danyl will work with consultants for a scope of services and will get the application approved. o FDOT will need to know an exact location of where they are going to use the Grant Funds for lighting. o Banner Arms - new anns were going to be purchased for esthetic reasons. Tom Finn stated he had no problem with the cobra lights and now did not feel they should change 2 16\1 · them. Mr. Neal gave an overview of what the CRA can do in Bayshore. Tom would like to take another look at the banner arms. If FOOT says "no. then they will proceed from there. The previous issue was with ROW stating taller vehicles hit the banner arms and then need to be replaced frequently. Approx. 6 banner arms are being replaced monthly, unaware of the causes. Van Buren is one of the troubled areas. . Tom also suggested putting brick pavers on Bayshore. Mr. Jackson stated a more cost effective process could be stamped concrete. Tom stated they are not as durable. Darryl will get quotes on pavers vs. stamped concrete, plus specifications and samples of both. The MSTU cannot reimburse the CRA for joint projects, but can be a part of a project within their Ordinance. Lakeview and Rlverview have been selected by the CRA to improve. The MSTU could take 2 other streets to beautify. Well defined projects can be stated within the MSTU. A Workshop vs. holding a Special Meeting was discussed. A Special Meeting was set-up for January 26th at 10:30 AM. This will be advertised. CRA and any other staff members will be inv~ed. Subject matter will be Phase 1\ Bayshore Beautification Program. FOOT needs a commitment on what the Grant will be used for by February 6, 2006 or it will be lost. A commitment can be done at the Special Meeting VII. OLD BUSINESS: A. Future Projects 1. Letter from Windstar (Effluent water) - Bill Neal Discussed Earlier. 2. Update on the Effluent Water project - Darryl Richard Discussed Earlier. B. Grant Update - Discussed Earlier VIII. NEW BUSINESS: A. Report on MSTU Chainnan's meeting - Victor Victor reported the meeting was conceming the carryover funds and how and when they are applied. Each Chairman was given a handout explaining their carryover funds. B. Letter from Mr. Jackson - discussed earlier IX. PUBLIC COMMENTS: None Being there was no further business to come before the Committee, it was adjourned at 5:43 PM. The next meeting is Wednesday, February 8, 2006, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 3 01/05/2005 23:37 239-543-5873 E B SIMMONDS ELEC 07 16 PAGE n '" '.\ .\a :A ~,,:,.:i Q ~ E. B. S'IMMONDS' 4406 ExchangeA_ue #105 Naples, FID~da 34104-7024 Electrical, Inc. I=lhone (239) 643.277 ; F.. (239) 64,,1'87 \ STRE~T LIGHTING. UTiliTIES . GENERATORS INDUSTRIAL AND COI\IM~RCIAL TO: Collier County Government TllIflic 0perati0llli and A TM 2885 South Hot=boe Drive Naples, FL 34104 Phone: (239) 659-5775 Fax: (239) 213-5899 Attention: Pam Lulich Estimate tlnd Contrad December 29, 2005 Quote #Q0510737 =~--====- -===--~.~=======~=----==",.---===:~~===::o:: We hereby submit specifiClltioos and estimates for: C-2 Bayshore MSTtJ north of bridge rewire station per Roger Dick Imtan pedestal and rewire cabinet as needed. One PED 18SS FOUT MLB-8-AC 500' 6 cOIIductor (2 -250' nms) for hydrometer and solenoid conoectiOll Cross under Bayshore Dr, Labor lUld Materia] S6,830,OO ~~=~~=~=--'._---~= Note: service number one should also have base pedestal instalIed to keep circuit boards above water during heavy rains. We hereby propose to furnish the above complete in accordance with the above spccifieatiOlls for ilie sum of Six thoosand eight hundred tbirly and NoIIOoths Dollars, ($6 830.00) Payment to be made as fofollows: In full upon tompletion It is the responsibility of the purchaser/owner to pro\'ide adequate access to tile job sito, If during the course of the job i( becomes necessary to Irov=c sidew.lks, driveways, gr.... or sod, fiowerbals, sprinklers, ell;, Every e!lor! will he made to ovoid any dama"e, Should breaks occur as a direct result of our machinery, repairs may be made at additional cost to the owner, All material used in tbis OORtract is guaranteed to be as specified, and the entire job iso he done in a neat and substantial mMner, ArlY altcrntiOb or deviation from the speci!icatiOl1.' hercin agreed upon involving ex1nI "">1 of labor and . al will be cxec\1lc'd upot> either a written or verb.1 order for same, and wiIl become an extra charge over the SWll mentioned in this . Purchaser agn;:es to p"" inte",st charges of I 1/2% pcT mObth which is an annual rate of I R%, b, the eV<:nt payment is not m ser "!!,,,es 10 pay" costs and 01<Petl""" of collection including interest and. allorneys fees, Eslimate valid Ibt thirty d Signed ACCEPTANCE OF ESTIMATE The foregoing terms, specifiClltiOlls and conditions are satisfactory, and the same arc hereby ae<:eptcd and agreed to, and hereby authorize you to ""eeute the same. 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OlU>......~ 8 ~ . 000 O_N Slgg ~_N .~~ fl.':' . , a ~ . . " . . ~ " . = ~ '!! 1; " . . o ~ ~ 0 ~~ ~ i::J ~ ffi e~ i=ffi ::lw Wo. ,go!:: ~o ~i ~li;~ ~OU'lw<(... :1~~~~~ :~~:;~~ "WO"'w<( '2;II.~~;i O'>=d!:zU'l~ ~~~5~~ ~w~u?i.o ....!Z;u......w .~w ~til ~ i= 1i>:::i...:nU'l1l1 g'z w... W w zO~<C!;(~ ~~:;~~~ r~C?~~~ 16'1 . Bayshore Beautification MSTU MonthlV Activity -- Januarv Meetina ReDort Title Sub-Title Amount Liahtina & Maintenance EB Simmonds - Traffic # 403 $1,131.90 EB.Simmonds - Trouble Shoot & reDir - north of bridne <240.00 Total $1.371.90 50rinkler & Maintenance John Deer - Misc. $355.54 Total $355.54 Electricitv FP&L $8.46 FP&L $8.97 Total $17.43 Mulch Forest", Resource. Invoice # 206159 411.60 Invoices # 206036 137.20 Invoice # 206150 548.80 Invoice # 206135 548.80 Invoice # 206127 548.80 Invoice # 206119 548.80 Invoice # 206058 333.20 Invoice # 206066 352.80 Invoice # 206052 548.80 Invoice # 206075 137.20 Invoice # 206193 548.80 Invoice #206191 548.80 Invoice # 206187 548.80 Total $5,762.40 Water & Sewer cJt./ of Nan/es - Bavshore Dr. 1M3 $1,022.04 Citu of Nan/es ~ Bavshore Dr. 1M2 $2,005.19 Total $3,027.23 Misc. Services Manoower $218.61 Total $218,61 Emern. # 8 - Hurricane Wilm Ground Zero - Invoice #2227 $935.00 Ground Zero -Invoice # 2192 $438.00 Ground Zero -Invoice #2196 $2,983.00 Ground Zero - Invoice # 2188 $483.00 Ground Zero - Invoice # 2194 $11,526.00 Total $16,365,00 Contracutal Services Ground Zero - Invoice # 2158 November $4,364.65 Ground Zero - Invoice #2226 December $6,072.65 Ground Zero Invoice # 2156 $6,315.00 Total $16,752,30 Totallnv. Paid $43,870.41 PO History Opened Lighting Mulch Other Contractuals EB Simmons Forestry Resource Ground Zero $6,000.00 $12,000.00 $109,606.00 PO History EB Simmons C lased $5,237.42 Fiscal Year Expenditures Operating Revenues Other Revenue Revenue Reserve Beginnning Carryforward Rev - Exp (Yr. Ending) Carryforward Variance ( , "J :r\~ Carry Forward Analysis - Bayshore Beautification MSTU Fund (160) p.?!a5 2002 - 2003 2003 - 2004 2004-2005 2005-2006 Actual Actual Unaudited Actual Approved Budget $691,800 $639,000 $239,100 $1,430,700 $520,400 $583,000 $554,900 $687,900 $61,200 $270,100 $83,500 $50,000 $0 $0 $0 ($34,900) $458,600 $305,600 $522,900 $727,700 lT~~"\4b9il~.~~'!1l11Qd.m~.~~~~gQ~i~~~!!f~ $194,500 \ q \~ 1, .. eRA Board Commissioner James N. Coletta Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Frank Halas Commissioner Tom Henning Advisorv ~ Bill Neal Chainnan Karen Beatty Ron Fowle Rod Gamer Chuck: Gunther Phil McCabe William Mears Mike Valentine eRA Staff David L Jackson Executive Director Tammy Williams 16'1 . THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT AREA ',--, OMMUNITY [{EDEVELOPMENT GENCY 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 January 9, 2006 TO: Mr. Bill Neal, Chairman Bayshore Avalon Beautification MSTU FROM: David Jackson, Executive Director, Bayshore Gateway Triangle CRA Dear Sir, Please share this letter and the attached enclosure with your Bayshore Avalon Beautification MSTU Board. Mr. Thomas Ryan made a personal delivery a copy of a Code Violation Notice (attached) asking him to remove exotic plants from his Bayshore Drive property. That action is requested in direct response to a neighbor's complaint about vagrant activity on his vacant land. The exotics hide the vagrants from the road and provide shelter for their activities. He told me that he intends to remove the exotics; however that action will net preclude future or ongoing vagrant activity because of the Bayshore Avalon Beautification MSTU hedge on Bayshore Drive. In November in response to a different neighbor's complaint, Mr. Ryan's agent (Thomas Moore) called the CRA office and asked me to trim the hedge so the Sheriff's Dept could see the vagrants from Bayshore Drive and evict them. I explained then that the CRA and Bayshore Avalon Beautification MSTU are different governmental activities. I also gave him the names and phone numbers of the MSTU Coordinator (Daryl Richard) and Ground Zero landscape contractor (Aaron Gross), and told Mr. Moore that they were the people to contact. When I reaffirmed to Mr. Ryan during his visit who owned the hedge, he asked that I forward the Notice Of Violation to the MSTU Board and pass on his request for MSTU assistance to have the hedge trimmed and maintained at a lower height. His request is to allow the Sheriff's Dept a sightline to do their job and evict vagrants, thus keeping the Bayshore community in good order. F or informational purposes only, the CRA office continues to receive calls and visits from Bayshore Drive residents and business owners about vagrant activity on the east side of Bayshore Drive between the Haldeman Creek bridge and the strip mall. Though vagrants are not the MSTU's responsibility, it is often pointed out that the MSTU's vegetation, though beautiful and a community asset, attracts and conceals undesirable activity such as vagrant camping and littering. Sincerely, David Jackson ~~"'~'.~:.,"ji" >'~, ,-:j,._:~~~...r'_,>, , ; .o,";.J' ,. ~,~~j~~;~;:I~t:. ..~ .....':-C'~""'~ "":i: ~-, ': Tomorr~~ ~~~. - THE BAYSIIORE/GATEWAY TRIANGLE REDEVELOPMENT AREA 2408 LiNWOOD AYE, SUITE 7-UNIT 11 .'J,\PLES, FL 34112 P/-IClNF 2.,,) (,,,U.1115 1'",CSTMrLE 2_3') ii5.445(, 1611 . TilE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOO AVE SelTE It NAPLES, F'L 34112 PHONE 239.643.1115 FAX 239.775.4456 BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday January 3, 2006, 6:00 p.m. 3301 Tamiami Trail East, Naples FL 34112 Al!enda I. Roll Call a. Acceptance of Absence 2 Adoption of Agenda 3. Adoption of Minutes a December 6, 2005 4 Executive Director Update a. Overlays' Review/Approval Schedule b. CRA Workshop January 31, 2006 c. Payment For Services ~ HDR, lnc Fiala ~j Halas Henning coyle -~ Coletta -~, 5 Old Business a Presentation - Haldeman Creek Dredging Project - Margaret Bishop b. Contract Approval - Bayshore/Shadowlawn Corridor Study - Don Scott c. Land Acquisition Proposal For Art Village d. Site Improvement Grant Applications e Bonus Density Units Proposal ~ Discussion 6. New Business a Cont ract '\pprO\ a I b Contract ApprO\al lpdatc oi'CR.\ Tax InClCllJentl'roJcct;ons lpdat'.' oi'CIZ,\ ReSldenJial \hlrkel\naJvsis 7. Citizen Comments 8. Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building) Please call the Bayshore/Triangle office at (239) 643-1115 if you have any questions about the meeting 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. Misc. vc"es. Date J hI.;L G. (~) ltem<'+ r, iJ":'; )" " "'''''." J ,...' f. 1 \J .~ II> TilE BAYSIlORE/GATEWAY TRIANGLE REDEVELOPMENT AREA COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SlllTE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BA YSHORE/GA TEWA Y TRHNGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday December 6, 2005, 6:00 p.m. Al!ellda 1. Roll Call a. Acceptance of Absence - Bill Neal 2. Adoption of Agenda 3. Adoption of Minutes a. August 2,2005 CRA-AB Meeting b. October 4,2005 CRA-AB Meeting c. Meeting Canceled - November I, 2005 CRA-AB Meeting - No Minutes, 4. Executive Director Update a. Overlays' Review/Approval Schedule b. Sugden Park Public Access Easement c. Bayshore/Shadowlawn Corridor Study d. Gateway Stormwater Study e Correspondence - Haldeman Creek Fall Festival f Payment For Services -- HDR, Inc. 5. Old Business a. Site Improvement Grant Applications 6. New Business a. Presentation - Bayshore Arts Request for Assistance - Chellie Doepke b. Presentation - Arboretum Village Redevelopment Project - Peggy Grubbs c. Bonus Density Units Proposal- Discussion d Land Acquisition Proposal For Art Village e. Manorca Avenue Paving Proposal- Chuck Gunther f Andrew Drive Streetscape/Traffic Calming Request - Chuck Gunther 7. Citizen Comments 8. Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the Bayshore/Triangle office at (239) 643-1115 if you have any questions about the meeting. 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. 16 '11 THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA COMMUNITY REDEVELOPMENT AGENCY . . 2408 LINWOOD AVE SUITE]1 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE DECEMBER 6, 2005 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order at 6:00 p.m. at the Collier County Commission Chambers, 3301 Tamiami Trail East. 1. Roll Call-Present: Advisory Board Members: Ronald Fowle, Chuck Gunther, Karen Beatty, Steve Main, Michael Valentine, Rod Garner, William Mears, and Phil McCabe (arrived at 6:06PM). Excused absence: Bill Neal. CRA Staff Present: David Jackson, Executive Director Collier Countv Staff Present: Marjorie Student-Stirling, Assistant County Attorney; Pam Lulich, Jerry Kurtz and Gene Calverl Transportation Department. 2. AdoDtion of Aaenda: Motion to approve Agenda as presented: Mr Valentine. Second: Mr. Fowle. Adopted 8-0. 3. Adootion of Minutes: Motion to approve Minutes of August 2, 2005: Mr. Main. Second: Mr. Fowle. Approved 8-0. The September 8, 2005 meeting was a joint CRA & CRA-AB meeting where the CRA Board filed the minutes. Motion to approve October 4. 2005 minutes: Mr. Fowle. Second: Mr. Valentine. Approved 8-0. November 1, 2005 CRA-AB meeting was not held because of Hurricane Wilma. 4. Executive Director's ReDort: a. Mr. Jackson summarized on-going CRA aclivily and projects that are in work: i. Bayshore & Gateway Overlays are in final review with County Staff and will be reviewed a third time by the County Planning Commission on December 15, 2005. ii. The Sugden Park public access through the Botanical Place property is in the 'request for variance phase'. The Board of Zoning and Appeals should review it no later than February 2006. iii. The BayshoreiShadowlawn Drive Corridor Study consultant has presented a draft scope of work for the Director to review. After comments are incorporated, it will be presented to the Advisory Board for review and approval. iv. The Gateway Stonnwater Study is progressing nicely. The consultant delivered a preliminary review to County Stonnwater documenting historical water discharge rates as compared to present day discharge rates into the Bay or Haldeman Creek. Mr. Jerry Kurtz, Stonnwater Department, updated the Board on the delivery of 60% plans to South Florida Water Management District for review in January 2006. v. The Executive Director received a forwarded copy of a Bayshore resident's letter to the Commissioners about the Haldeman Creek Fall Festival. Commissioner Coyle has asked the Director to forward backup data so he may respond. vi. Mr. Jackson received two invoices for payment for consulting services from HDR, Inc. for Overlay work in the amount of $2,326.10, and asked for a approval to pay. Motion to approve: Mr. Gunther. Second: Mr Main. Approved 8-0. vii. Mr. Jackson reminded the Board that the CRA Chairperson, Donna Fiala, requested a CRA Workshop to infonn the Board and both Collier Advisory Boards on CRA powers, authority and other significant projects around the state that may be of interest to this county. The date has been set for January 31, 2006. ., I ~ 1 10UA 0 5. Old Business: a. Site Improvement Grants. Mr Jackson presented the Site Improvement Grants submitted in FY2005 under the old Grant Program They are the Grant Applications tabled during the Advisory Board's moratortum. i. Two commercial Grant Applications submitted and reviewed by Staff and County Attomey Office are Cali Realty on Terrace Avenue and Shadowlawn Development & Trust on Shadowlawn Drive. Motion to recommend approval to CRA Board: Mr. Gunther. Second: Mr. Main. Discussion by Messrs. Valentine, Main and Fowle centered on when the applications were submitted and if they were caught up in the CRA-AB moratorium? Also there was follow-up discussion about Grants for commercial properties. Mr. Valentine asked for the Board to receive a copy of the current Grant Program so they could review and consider the language conceming commercial properties. Approved 8-0. ii. Two residential rental property applications were submitted in FY2005 by Kendi Properties. At the request of the applicant, who could not attend the meeting for family medical reasons, the Executive Director explained that though the properties were not allowed under the current grant, however they were submitted in good faith under the old and were allowed grants. The applications had not been fully completed and reviewed by the County Attorney's office. Mr. Jackson asked the Board to consider reviewing each house separately, as the applicant also wanted to substitufe a differenf house that had received hurricane damage to the roof for one of the properties, and she would do more improvements (paint and install shutters) over what was applied for the initial rental house. 1. Motion to approve 2816 Francis Avenue: Mr. Gunther. Second: Ms Beatty. Discussion followed about the number of applications that have been submitted by Kendi Properties and type of work to be completed under this application. Motion failed on a tie vote - FOR: Messrs. Mears, Garner, Gunther and Ms Beatty. NO: Messrs. Main, Valentine, Fowle and McCabe. 2. Motion to allow Kendi Properties to substitute 2780 Francis Avenue (hurricane damaged roof and also paint and install shutters) for 2764 Francis Avenue by Mr. Gunther. Seconded by Ms Beatty. Discussion with the County Attorney revealed that In normal circumstances this would be considered a 'new' application and would not be allowed under the current Grant Program. Mr. Valentine stated that the owner should pursue an insurance claim since it happened as a result of the hurrtcane. Ms Beatty withdrew her second. Mr. Gunther withdrew his motion. 3. Motion to approve 2764 Francis Avenue by Mr. Gunther died from a lack of a second. 6. New Business: a. Bavshore Arts Reauest for Assistance Presentation. Mr. Jackson introduced Ms Chellie Doepke, a representative of the Bayshore Arts Association, that had asked to present the Advisory Board with a request. Ms Doepke explained the organization's mission and goals for the future of Bayshore and the surrounding community. She also explained how as a volunteer organization they are struggling to sponsor local events for the organization and the community. Her request was for the CRA Advisory Board to consider hirtng an Event Coordinator that could help the community and their organization. Mr. Jackson suggested that the Board consider adding a collateral duty of events promotion and marketing to the job description for the CRA new hire. When the Event & Marketing workload grew significantly, the Board could consider expanding CRA positions. Motion to approve including Events 2 1611 . & Marketing collateral duties to the CRA Project Manager: Ms Beatty. Second: Mr Garner. Approved 8-0. b. Arboretum Villaqe Presentation. Mr. Jackson gave a short summary of a proposed project in the Bayshore area known as Bayshore Club Apartments. He introduced Mr. Michael Fernandez of Planning Development Inc. to present the project to the Board. The presentation described an assembly of about 33 acre of residentially zoned land with about 5 acres of neighborhood commercial land into a mixed-use project. The land is located at the Northwest corner of Bayshore and Thomasson Drives. The project would build internal roads/streets with on-street parking with 2-3 levels of residential over commercial and/or garage. There is a proposed 28,000 square foot grocery surrounded by parking and retail uses (C-1 to C-3). The owners would be asking for 200+ Bonus Density Units to complete the mixed-use project. Mr. McCabe asked several questions about the project. Being this was a presentation only, the Board thanked Mr. Fernandez for infonnation. c. Bonus Densitv Unit Discussion. Mr. Gunther reminded the Board of his discussion in October on the subject of placing a value on the 388 Density Bonus Pool unit. He discussed a hypothetical fonnula that could be used of $25,000 per unit, and if applied to all 388 units, the CRA would receive over $9 million. He stated that the CRA then could use those funds to offset costs of public streetscapes, paving of roads and stormwater projects. Mr. McCabe stated that a real market value could be determined by hiring an appraiser to do research and establish a market rate value forthe CRA area. Motion to approve setting a value on the units: Mr. McCabe. Second: Mr Valentine. Roundtable discussion ensued with several Board members asking if the cost would be an impediment to redevelopment instead of an incentive. Also what value would be set or a sliding scale based on the type of residential units built. The County Attorney said that to do this would be a long and expensive process with paperwork going to Tallahassee and even a Comprehensive Plan amendment. She also said the CRA would have to hire a consultant and that would increase time and cost. She mentioned but could not verify that the time could be as long as three years. Mr. McCabe withdrew his motion and Mr Valentine his second. The consensus of the CRA-AB was for the Executive Director and County Attorney to investigate the legal feasibilrty of setting a value and detennine the methodology to get a professional consultant to create the necessary documents. The Board will hear new infonnation at the next meeting. d. Land Acouisition Proposal tor Art Villaoe. Mr. Jackson gave an overview ot a CRA land acquisition project in the Bayshore area to build an Art Village, art gallery, art lofts and gap/professional housing. He displayed the land, location and potential uses and layout on the site. He pointed out the seller's sales brochure and written proposal in their notebooks. The seller's list price is $8M however will donate the lake portion to Collier County for use as a stormwater management pond and for the donation credit will reduce the sales price to $6M. Mr. Jackson stated that the CRA could contract the land, apply for a CDBG Land Acquisrtion Grant for up to $1 M for affordable housing (art lofts) and finance the balance. The CRA would RFQ/RFP for an interested developer to enter into a public-private partnership for $3.5M to $4M to develop the project. Mr Jackson requested authority to use the County pre-approved vendors to do a wetlands detennination, and upland survey to detennine the size of the construction area (uplands) and an appraisal to determine the market value of the land before taking the project to the CRA Board for approval. Board discussion covered the pros and cons of the project and Mr. McCabe detailed the risks and required work to take on such a project. Several Board members asked what the costs would be to hire the county vendors. Motion to further investigate this land acquisition project and for the Director to return with accurate cost estimates for work to be completed at the next meeting: Ms Beatty. Second: Mr. Valentine. Approved 5- 3. YES: Messrs. Mears. Gunther, Fowle, Valentine, and Ms Beatty. NO: Messrs. McCabe, Main, and Garner. , J lou.L e. Manorca Avenue Pavina Proposal. Mr. Jackson Introduced Mr. Gunther's agenda request for the Board to consider re-pavlng a small portion of Manorca Avenue (a private road - not accepted by the County). Mr. Gunther briefed the Board on the condition of the dead-end section of the road and the resident's request for assistance. Round table discussion ensued about the number of unpaved roads in the CRA and the number that are private or not accepted by the County. Mr. Mears suggested that before the Board begins arbitrarily authorizing paving of roads and residential streets that the Executive Director prepare a draft program for the Board to Implement similar to the Site Improvement Grant Program. only for roads. Motion to Investigate a road and street paving program and for the Director to return In 60 days with a draft: Ms Beatty. Second: Mr. Valentine. Approved 8-0. f. Andr~prlv!L$treetsc<!pefTraffic_galmlna Reauest. Mr. Jackson introduced another agenda item at Mr. Gunther's request conceming a streetscape or traffic calming Improvement program for Andrew Drive. Mr. Gunther detailed Andrew Drive as a residential street heavily used as a cut-through by traffic off Airport-Pulling. He explained the safety concern for the large number of children that use that street to walk to the Shadowlawn Elementary back gate. Mr. Jackson stated that this would be a good Neighborhood Initiative Program if the residents were really Interested In improving their neighborhood. The consensus of the Board was to wait for the street paving program language to be submitted, and see what the Bayshore/Corrldor Study scope of work brings. The CRA might be able to include some consulting work in that scope. 7. Citizen Comments: Mr. Fernandez spoke about the Density Bonus Units as an Incentive to create mixed-use projects as desired in the CRA's Overlays. 8. Adiournment: The regular meeting was adjourned at 7:30 pm. The next meeting will be on November 1, 2005. 4 Voting Members Present: Voting Members Absent: Non-Voting Member Organizations Present: -." /~ ( 1 ;' :i ) . .. COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE (corrected 12/21/05) November 16, 2005 Walter Jaskiewicz, Coast Guard Auxiliary, Chair Lt. Nancy Reed, Collier County Sheriff's Office Reg Buxton, Greater Naples Chamber of Commerce James Elson, Collier County Veterans Council Floyd Chapin, Community Emergency Response Volunteers Gerry Sugarman, RSVP Doug Porter, Naples Civil Air Patrol Wanda Moore for Robert Rohland, Salvation Army Russell Rainey, Community Emergency Response Team Deborah Horvath, American Red Cross Jerry Sanford, Collier County Fire Chiefs Association / Fiala ~.. County Attorney's Office Halas - f.. __ Emergency Management Henning Medical Examiner's Office COYle.' /..... =. Coletta _.._ . ---"---.~. Meeting called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Approval of Minutes Motion made to accept the minutes by Jim Elson, and seconded by Reg Buxton. Approved unanimously. Threat Update Lt. Reed reports no "new" news, which is why we should be on alert. We are going on 4 years since 911, and we have to remember that we are a target. Be especially aware over the holiday season - your eyes are important. Report anything, i.e., people who don't belong in a neighborhood, etc. Lt. Reed is doing a paper on terrorism, so if anyone has any articles on funding, homeland security, etc., please email them to Jim to forward to her. New Business Dan Summers spoke to the group and expressed his appreciation to the Citizen Corps group for their efforts, direct or indirect, in contributing to the communities' successful response during Hunicane Wilma. The part that made his job enjoyable was that not once in Collier County when a challenge came up did he hear "this is not my job" or "I can't do this". At noon today he spoke with a civic group in town and out of 150 people, 149 were appreciative of the County's efforts. Mlsi!~rfI3r a job well done. The public realizes there's a lot ahead with short-term and long-term work remaining, and they ,/ see the efforts. We had minimal problems, and Citizen Corps helped contribut9ate:the success Thank aJ./I'IJOIo Item #: / hI. :l c. (3) Copies to: 1611 . Collier County Citizens Corps Advisory Committee Page 2 November 16, 2005 you! Will begin the challenge of recovery issues and after-action report. Send Jim von Rinteln an email with any ideas for "next time". Questions/ Answers/Discussion Walt Jaskiewicz mentioned everyone in the County did a great job - he heard no negative comments. Kudos to the Collier County Emergency Services, Public Works, and everyone else who took care of the whole situation. There were articles which called attention to preparation. Walt said there was a higher degree of people evacuating this time, heeding the warning. Dan said this was a blessing, we cut our teeth on this hunicane. You can imagine the demands of a Category 4 or 5 and what performance we need to give, based on lessons learned. Dan recei ved the dreaded call from Max Mayfield of the National Hunicane Center that Wilma had our "zip code on it". The voluntary precautionary public evacuation was well called for. We were lucky to have a 3-day window, and people appreciated the early warning. It paid off and made a difference. Jim Elson said it was a smooth-working and remarkable evacuation for so many people in the area. He . has never seen the County Government work so smoothly in the 17 years he has been here. Noticed there was a great deal of tree damage on Gulfshore Blvd. Airport winds were clocked at 125 mph. With the north wind coming in, did that accelerate the path? Dan said the National Hunicane Center reported sustained winds at 101 mph and winds were 124 mph at the County Building. There were unusual dynamics and in those storm bands, there was not just one wind constant but a number of wind variables. Wind force is irregular outside the eye of the storm. The landscape and elevation, soil types and plant root systems have a part in the tree devastation as well. Per Jim E., the newer, larger and taller homes seemed to deflect the winds. Dan said everyone learned the hard way that when wind hits a flat surface it doesn't dissipate, it escalates. That was evident with some of the video we captured on the side of this building. Even the glass in the window in the men's restroom bowed - a first seen in his career. The velocity increases horizontally and vertically. Structural integrity lowers at the higher-level buildings. Reg was at a United Way Board meeting and told them that we were extremely lucky to have the people at the EOC that we had. The Board was happy to hear this. Tell your Commissioners to help with the new ESC in any way you can' Per Dan, we used every card we had in the deck. If this storm had been any worse, we would have had to rely significantly more on outside resources. As our population grows, our vulnerability grows. We need more space. Our core staff paced themselves well. Per Gerry Sugarman, he heard nothing but praise from RSVP and CERT members. Lt. Reed mentioned that the nation watched us as well. People outside of the County said that Collier County was well prepared and well organized. ""1,.. I. 'j __ I' ;[ \', ~ - 'i '1 \1 )~~ .,-"' ~ \J Collier County Citizens Corps Advisory Committee November 16, 2005 Page 3 Reg said that Senator Martinez commented that the State of Florida should look to Collier County and the Country should look to the State of Florida for disaster preparedness. Let Dan know regarding any areas of improvement and how we can make the County more disaster- resistant. Look ahead - what if this was a Category 4 or 5? What would we do clifferently? What can we do to be more self-sufficient and more disaster-resistant in Collier County? We need to take our efforts and our tax dollars and leverage them one step further. Wilma Update Jim von Rinteln highlighted that because of the Citizen Corps and the relationship we have, we were able to draw off your assets successfully, Walt helped with the mission of canal debris amounts, CAP assisted with the flight to look at damages. We trust each other and have a good relationship. Jim Elson was instrumental with the sheltering situation. Reg was in the EOC during the storm as a go-to guy, and the Salvation Army and Red Cross was in the EOC. The CERT teams were out and operating. The Sheriff's Office and law enforcement were in the EOC - there were only two looters and they're still sitting in jai I. We had complete coordination and everything went smoothly across the board. Dr. Bourgeous from the Medical Examiner's office was in the EOC as well. All of this clidn't happen by accident, everything we have worked on during the last couple years came into play. Of course, too, we were fortunate there was not much damage. It could be worse next time. Please keep pressure on the Commissioners that we need to do more. Jim Elson asked about the water rise in the 10,000 Islands area. Per Jim V., Everglades City had 8 feet in some areas. We did not get the surge we expected, which was lucky. The Keys didn't evacuate, which they now wished they had. They clidn't get the wind they expected; however, they got a 3-foot surge which damaged vehicles. Thousands of cars were ruined due to the storm surge. Get your after action lessons learned, etc. to Jim V. while things are still fresh in your minds, so we can address issues and see what things went well. Per Gerry Sugarman, he spoke with American Red Cross. They are holding a party for their volunteers and couldn't attend today's meeting. Jim said this meeting is still worthwhile to attend. New Members - Reappointments Walter Jaskiewicz has a re-appointment for 4 years, expiring 11/5/09. Gerry Sugarman has a re-appointment for 4 years, expiring 11/5/09. Reg Buxton has a re-appointment for 4 years, expiring 11/5/09. Lt. Nancy Reed is appointed for 4 years, expiring 11/5/09. Russ Rainey is appointed for 1 year, expiring 11/5/06. Doug Porter is appointed for 4 years, expiring 11/5/09. Floyd Chapin is appointed for 4 years, expiring 11/5/09. Per Jim V., there will be one additional reappointment - Jerry Sanford, Fire Chief's Association. Next 16 j 1 . Collier County Citizens Corps Advisory Committee November 16, 2005 Page 4 year there will be another group. There will be an election in December for the Chair, Vice-Chair and Secretary for the Citizen Corps. Walt was nominated as Chair by Reg Buxton, seconded by Jim Elson. Lt. Reed nominated Reg as Vice- Chair, seconded by Jim Elson. Reg nominated Russ Rainey as Secretary, seconded by Doug Porter. Per Jim V., typically the secretary takes care of letters to the editor, etc. Walt extended an invitation to the group to attend a 3cd year celebration of the US Coast Guard's Toys for Kids program, to be held on December 18th at his home (420 S. Barfield on Marco Island). Last year over 1,500 students were recipients of this program. Refreshments and food will be served from 5-8 p.m. Bring a gift for a child between the ages of 6 and 10 years, wrapped or unwrapped. Will get the information to Jim V., who will disseminate info to everyone. Old Business Walt asked for a brief description from members as to what their agency did during Hurricane Wilma. Reg - Spent a few days in the EOC. Jim Elson - Two groups were deployed to help with the shelters, the Marine Corps in the Immokalee Center and General Bemie Weiss volunteered to head up the shelter at Palmetto Ridge. Both groups have volunteered to do it again next year and both have put together an after action report. A third team, the Vietnam Veterans of America, was on call, but not deployed. Jim V. wasn't aware they were available - American Red Cross was aware of them. Sheltering went better this year. Previously, there were problems in the Immokalee shelters. Jim Elson said that one of the biggest assets this year was the help of the Immokalee High School students. One student, Jerome, acted as a liaison since he knew the school building well and helped with the language barrier. Jim V. asked that he capture that information for an award. There were over 5,000 shelterees in Immokalee, with 6 shelters open, due to the large number of farm workers in the area. Baron-Collier High School was staffed with Junior ROTC. Jim V. would like to see this nurtured in the future. They do get credit for this. Wanda Moore said the Salvation Army was actively involved with feeding, and a canteen was set up in South Naples at the Freedom Trail shopping center. Over 3,000 people were fed and given water, ice and food. Staff began cooking at 7 a.m., took the pots and pans home to clean, then came back again at 5 p.m. They supplied food in Immokalee, Everglades City and Bonita. Per Jim V., this was very helpful, due to FEMA being late with water and ice. Salvation Army bridged the gap. Walt - Communications were virtually destroyed. Punta Gorda had a mobile unit, which was brought to Marco Island and staffed by Ft. Myers contingency. Three Coast Guard Auxiliary units did waterway debris assessment, using GPS, pictures, etc. to help with removal and excavation. Per Jim v., appreciate Walt's efforts pre-storm to educate boat owncrs to tie down their boats correctly. [\ ;~, .11 0 ~ '1 t J. Collier County Citizens Corps Advisory Committee November 16, 2005 Page 5 Lt. Reed - At one time there were over 40 lights on generators, with people out there directing traffic. There were also people in the situation room as dispatching. Deputies took ownership of many jobs, including security at shelters, traffic, security, etc. There was the least amount of problems in the shelters this year. There are 1,200 employees with the Sheriff's Office and at least 800 of them worked Alpha Bravo shifts during Wilma. People had to stay without going home. There were 199 outside law enforcement officers. Commanders McDonald and Baker kept the streets safe, with only one incident during the hurricane, which was hard to take care of. Looting was minimal. There was a plan and everything went smoothly. Per Jim V., the deputies keep us informed on traffic conditions, roadways, what's out on the roads - Lee van Gelder, Mike Jones and Nancy Reed were a great team in the EOC. Russ Rainey - Marco Island CERT was activated Wednesday prior to the storm and worked with the Police Department after the storm for getting folks back on the Island. They were activated a full week. The Isle of Capri CERT went through to see if there were any people there. There was good cooperation with North Naples and Marco and Isle of Capri, it worked well. Doug Porter - Civil Air Patrol was active in the air and on the ground. Performed search and rescue in boats and checked signals sent out by any boats. Also photographed damage to area by air, with ground crews standing by as needed. They also took the VIP's out by air to view the damage. Floyd Chapin - Not here during the hurricane, but saw a dramatic difference in Fort Lauderdale in a 4- day period. Gerry Sugarman - RSVP volunteered by working in the phone banks. Those who were not members of RSVP, but called to see how they could help, were put to work by Red Cross in various jobs. Got many thank-you calls and got more members as a result of this. Those with medical skills were referred to the Board of Health. Gerry is also a member of CERT. Vineyards has CERT people for each of their 48 subdivisions. They checked on all houses before the storm to see if they had loose items that could be debris, and then checked again after the storm. Per Jim V., RSVP moved their day-to-day office prior to Wilma to Station One. It was critical for us to have that space during the storm. ESC Update Per Jim V, we were given permission to re-site the ESC to the Lely property. We are excited and anxious to get started on this. Need to get site plan moved and re-engineered and get the building permits issued. We will hold a number of neighborhood meetings for the folks in the Lely area. Already, people are making noise about the ESC being sited there. Concern that there is some opposition that is gaining some interest with the Commissioners. Please help to keep this in the forefront of the Commissioners so therc won't be any further delay. It is difficult for us to handle emergencies in the constrained facilities we have currently. It hinders our ability to handle an emergency because we don't have the people wc need, due to the lack of space. We hope to break ground this summer with a 2-year building period (in time for the 2008 hurricane season). One area opposing it is outside the neighborhood - they are afraid they will see the building. The community needs to know that we need this ESe. Jennifer Belpedio asked if there was any zoning that will go before the BCe. Per Jim, no, thc property is zoned and no Board approval is required. We are going to Voting Members Present: Voting Members Absent: Non-Voting Member Organizations Present: ~::;~; ~1 C;-':'~ ~~pUI;L, COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE December 21, 2005 Walter Jaskiewicz, Coast Guard Auxiliary, Chair Lt. Nancy Reed, Collier County Sheriff's Office Reg Buxton, Greater Naples Chamber of Commerce James Elson, Collier County Veterans Council Gerry Sugarman, RSVP Doug Porter, Naples Civil Air Patrol Robert Rohland, Salvation Army Russell Rainey, Community Emergency Response Team Deborah Horvath, American Red Cross Jerry Sanford, Collier County Fire Chiefs Association Floyd Chapin, Community Emergency Response Volunteers County Attorney's Office Emergency Management Health Department Fiala Halas Henning-.~--- Coyle-~--'--- ColettB-L-,. .---- Meeting called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Introduction of Scott Teach from the County Attorney's Office. He will be our legal representation, replacing Jennifer Belpedio. Approval of Minutes Motion made to accept the minutes of the November 16, 2005 meeting made by Jim Elson and seconded by Reg Buxton, with the following corrections: 1) Lt. Reed nominated Reg Buxton to serve as Vice-Chair of the Committee, and 2) Term for Russell Rainey good for one year, to expire 11/5/06. Approved unanimously. Threat Update Nothing to update, per Lt. Reed. At this point the Sheriff's Office is concentrating on the holidays and traffic during the holiday season. Be especially careful driving in the construction areas. There will be extra patrolling in certain areas of the County. Please stay vigilant! New Business Walt passed around to all Advisory Committee Members an information sheet. Please ensure your contact information is updated and correct. Jim von Rinteln will finalize this information and distribute it at the next meeting. Wilma Update Jim V. reported that the 10 a.m. Wilma meetings are still being held Mondays, i'~ys and Fridays. Debris cleanup will be announced as finalized, which we expect will bring out a flurry of calls for debris that hasn't been picked up, and that will be picked up. Debris cleanu]iliteriQ:ht on schedllle Item#: Copies to: 16\1 · Collier County Citizens Corps Advisory Committee December 21, 2005 Page 2 There are still a number of issues outstanding that are being worked on, i.e., financial issues, and shelter needs are still ongoing. Please keep Emergency Management informed of any outstanding needs, as you see them. Jerry Sanford reforted that the Pelican Bay CERT team threw a number of fund-raisers for 2004, which marked their 2St anniversary. They were generous in providing funding to the North Naples CERT team and a 28-foot trailer was purchased for the CERT program. This is available to EM, if needed. It does have a generator, and Jerry will get some tarps, etc. for it in order to use as a staging area during hurricanes or brush fires, if necessary. Per Jim V., we now have a logistics area down by the Cemex Plant on Rt. 41 that John Veit has put together for stocking supplies, etc. Could meet North Naples Fire Department there, load up their trailer and supply a truck to pull the trailer if needed. Membership Walt read a letter of resignation from Robert Rohland of the Salvation Army, who is relocating out of Collier County. Captain Alejandro Castillio has been nominated as his replacement. Walt presented Robert witb a plaque, in appreciation of his service to the Citizen Corps. Robert said it was an honor to serve on this very professional and effective committee - he was proud to serve with this group. Walt also read a letter of confirmation from the Board of County Commissioners for the reappointment of Jerry Sanford. His appointment expires November 5,2009. Old Business Walt reported that over 200 people came to the Toys for Kids gathering at his house. There were enough gifts for 1,100 to 1,200 children at Manatee school. There were 3 vans and 2 trucks that delivered the gifts yesterday - Santa ran out of time and had to return again this morning. This is a great program, thank you to all who contributed. As a side note, the Coast Guard Auxiliary has a 4-day/3-night cruise to Nassau scheduled for March 17, 2006. There are still a few rooms available, if anyone from the Citizen Corps is interested in participating. Elections Walter Jaskiewicz was nominated by Reg Buxton as Chair of the Citizen Corps Advisory Committee, which was seconded by Gerry Sugarman. Approved unanimously. Reg Buxton was nominated by Doug Porter as Vice-Chair of the Citizen Corps Advisory Committee, which was seconded by Lt. Nancy Reed. Approved unanimously. Russ Rainey was nominated by Reg Buxton as Secretary of the Citizen Corps Advisory Committee, which was seconded by Deborah Horvath. Approved unanimously. Ese Update There was a neighborhood meeting last Thursday in the Lely area regarding the new South Regional Library, as well as the ESe. There was some interest from the community, thank you to the members of the Citizen Corps who where there to support the issue. There were 3 members of the Naples Lakes Community, who came to voice their concern and opposition with the height of the ESC building (they are behind the building, about a half-mile's distance on the north side of Rattlesnake-Hammock). In this ~.. ;\ r.i_':J~ ~ u~ v Collier County Citizens Corps Advisory Committee December 21, 2005 Page 3 case, there is no rezoning required. We are trying to be informative, to see what the issues are, and provide information and answers as well as to clarify any misconceptions they might have. Other feedback we've had from the Lely Community on the whole is positive. We still have one more community meeting to be held in January. This will be a bigger neighborhood meeting. We will have more information on the library, which will be sitting in front of the ESC and will mask most of the building. The library is under the Facilities Management direction, and their architects are a little behind schedule on providing details on how the library will look. The only other meeting to be held before going back to the Board of County Commissioners sometime in Mayor June for the contract approval, is a briefing to the Planning Commission. This is not a decision or permission briefing, just one they requested to close out the project and let them know what our plans are. This will be done sometime in February. Everything is looking favorable for breaking ground in Mayor June. Any support from the Citizen Corps would be very helpful. Will have the date for this neighborhood meeting by the next Citizens Corps meeting. Next Meeting/Adjourn Since there is a tour of the 911 Center following the adjournment of this meeting, Scott Teach reminded members that there should be no discussion of any Citizen Corps business. Next meeting is scheduled for Wednesday, January 18th at 3 p.m. in the Board Room. Walt asked if there were any suggestions from the Advisory Committee as to whom they might like to see as a guest speaker at the next meeting. Lt. Reed will check to see if Captain Bloom will speak to the group. He is a recent graduate of the FBI Academy, specializing in terrorism studies. He would help to give us a local perspective, along with current updates. The October workshop, which was canceled due to Hurricane Wilma, will be held during the February 15th meeting, beginning at 2 p.m. Mary Ann will check to see if the Risk Management training room is available for this workshop. (NOTE: THIS ROOM IS AVAILABLE AND HAS BEEN BOOKED - BLDG D, BEHIND THE SUBWAY RESTAURANT.) Motion to adjourn meeting at 3:25 p.m. by Russ Rainey and seconded by Reg Buxton. Approved unanimousl y. A tour of the Sheriff's Office 911 Center followed. There are currently twelve 911 lines, along with two screens per station. Incoming calls show the name, address and location of the caller; however, there is no way to track calls coming in from cell phones. The Center can take On-Star calls as well. The 911 Center was enlarged two years ago and dispatches Fire, Sheriff's Office, Emergency Medical Serviccs, and Marco. They receive over 400 calls per day. There is Teletype capability as well which can confirm runaways, stolen cars, etc. All staff can change jobs and rotate to other desks. They now use Motorola radios, which tie into all comm. centers (approximately 220) throughout the State, even though these centers may use different systems. Many thanks to Bob, who gave us the tour of the 911 Center. Minutes submitted by Mary Ann Cole. Citizen Corps Advisory Committee Agenda December 21, 2005 3:00 Pledge of Allegiance -Opening Remarks -Roll Call Chairman Sheritrs Office CERV USCGA Red Cross Chamber of Commerce Fire Chiefs CERT CAP Veterans Council RSVP Salvation Army EMS EM City of Naples Cleveland Clinic Health Dept Everglades City NCH Medical Examiner City of Marco Island Neighborhood Watch 3:05 Approval of Minutes Chairman 3:10 Threat Update L TReed 3:30 New Business Chairman . Wilma Update Rick Zyvoloski . Membership Chairman 3:35 Old Business Chairman . Elections Chairman . ESC Update Jim von Rinteln 4:00 Next Meeting/Adjourn (January 18th) Chairman 4:15 Tour of 911 Center Sheriff's Office 1611 .. 1 h " . A~ UNITED STATES COAST GUARD AUXILIARY , ~AmerjCa'S ~'fii; voJ.unteer Ufesavers@ DEPARTMENT OF HOMELAND SECURITY The civilian component of the U. S. Coast Guard (Authorized by Congress in 1939) November 30, 2005 James Von Rinteln 81 Apple Court Marco Island, FL 34145 Dear James: The pleasure of your presence is requested as an honored guest at the Coast Guard Auxiliary Flotilla 95 Change of Watch ceremony Sunday evening January 15,2006 on Marco Island. Please return the lower portion of the enclosure indicating the menu preference for you and your spouse. Sincerely, Q~O~ Douglas JO~~ . Flotilla Commander- Elect Dedicated to promoting recreational boating safety ~ 1 ' ~ C\ .. , UNITED STATES COAST GUARD AUXILIARY Flotilla 95 MARCO ISLAND, FLORIDA 2006 CHANGE OF WATCH Sunday, January 15, 2006 Sushi Blues and Steaks (Formerly Busghetti's) (Inside the Lakeside Inn) 155 1" Street Marco Island, FL Social Hour 6:00-7:00 PM (Cash Bar) Program and Dinner 7:00 PM-9:30 PM Dinner Includ.es: Soup, Slllad, Entree and Dessert Entree Choices: Ginger Soy Marinated Bu~cher's Filet, o:r Teriyak.i Chicken, or Sesame Encrusted! Grouper, or Sushi "Captain Ron Ron" (spicy tuna and avocado topped with salmon. and served with citrus wasabi sauce with Itobiko) Dress: Service Dress Blue Alpha or Appropriate Civilian Dress (Coat and Tie) ----------------------------------------------------------------------------------------------------------------------------- Please retain top portion for your files and!. return. the bolttom portion on.ly 2006 CHANGE OF WATCH RESERVATION FORM Member Name Spouse/Guest Name Total Attending Please specify your dinner selection for each person attending: Name: Dinner Selection: Filet_Chicken_Grouper_Sushi_ Name: Dinner Selection: Filet _ Chicken ~ Grouper_Sushi_ Name: Dinner Selection: Filet _Chicken_Grouper _Sushi_ Name: Dinner Selection: Filet _Chicken_Grouper _Sushi _ Please send your completed form to: Audrey Calzone 224 Seminole Court Marco Island, FL 34145 Reservations must be received by January 5,2006 . ~,\ EME~Il" ' _:~;. l~r21~r=;r C2JLS UU U j .",~~. ".ONS\ 1\~ ~ . TRAINING ANNOUNCEMENT Basic Public Information (PIO) (G-290) (APS) Who: Target Audience - This course is offered to emergency management personnel, including fire and law enforcement that have either full or part-time responsibilities for public information in their communities or departments. What: This course is intended for Public Information Officers who are new to the field or less experienced. The course emphasis is on the basic skills and knowledge needed for emergency management public information activities. Topics include: the role of the PID in emergency management, conducting awareness campaigns, news release writing, public speaking, and television interviews. This is an "Elective" course in the Advanced Professional Series (APS) program. When/Where: March 7-9, 2006 8:30 a.m. to 4: 30 p.m. The Duval County Emergency Operation Center 515 North Julia Street Jacksonville, FI 32202 Cost: There is no cost to attend this meeting. How to Register: htto: Ilwww.floridadisaster.ora/TraininaCalendar I aoolication.aso?id:: 60 1 Questions: Contact the course manager - Wendell Dumas, Florida Division of Emergency Management, 850-413-9838 E-Mail: wendell.dumasl5ldca.state.fl.us 1611 . January 13, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE / Fiala Halas Henning Coyle Coletta LET IT BE REMEMBERED, that the Collier County Coastal Advisory Naples, Florida, January 13, 2005 Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F ofthe Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri Murray Hendel Graham Ginsberg Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan ALSO PRESENT: Ron Hovell, Utility Engineering Dept. Maria Bernal, Tourism Heidi Ashton, Assistant County Attorney M!sc. Cones: Date J~:I. CJ C; (4) . Item#: Copies to: 16 ..., , o .~ January 13,2005 I. The meeting was called to order by Chairman Ron Pennington at 1:00 PM. II. Roll Call Roll call was taken and a quorum established. III. Changes and Approval of Agenda Mr. Arceri moved to approve the Agenda. Second by Mr. Pires. Carried unanimously 9-0. IV. Public Comments: None V. Approval of Minutes 1. December 9, 2004 - Mr. Sullivan moved to approve the minutes of December 9, 2004. Second by Mr. Sorey. Carried unanimously 9-0. VI. Staff Reports - None VII. New Business 1. Committee Member Conduct Mr. Pennington stated at their last meeting some committee members expressed, what they saw, as inappropriate actions by a member outside their meetings. It had been decided it would be an Agenda item for further discussion at this meeting. Mr. Pennington set the ground rules for comments, the attorney's opinion and summary or follow-up action. Mr. Pennington read his statement on the role of a Coastal Advisory Committee member. They serve at the pleasure of the Board of County Commissioners and can be automatically removed by majority vote ofthe Board. He had concerns about member's actions and regards to news media relationships. He commented on reasons for resignation from the Committee, letters to the editor and other articles signed by this member. Ms. Heidi Ashton - Assistant County Attorney - responded with 2 issues Mr. Pennington stated. One was the filing of a letter with FOEP being a tender of resignation under the Ordinance. Her interpretation is that it does not qualify as a tender of resignation. The other is letters to the editor - she sees no problem as long as the person is not acting on behalf of, or stating a position of the Coastal Advisory Committee. Mr. Arceri asked if the County had a Code of Behavior for Committee members. There is nothing other than the Ordinance. Ms. Ashton stated if the Committee has a concern, members can voice their concerns to the Commissioners in person. She would direct staff to communicate to the BCC of problems on the Committee. 2 , " r. '11\ . , " ..~ o January 13, 2005 A lengthy discussion pursued concerning proper conduct by members, criticizing other committee members, being disrespectful and Roberts Rules of Order addressing these issues. Each member made comments - some consisting of the following: . Look at Ordinance for appropriate behavior . Rights not questioned, just doing it in the right way . Accuracy of statements and facts . Committee being dysfunctional if dissention . Develop Code of Conduct Mr. Sorey moved to refer this matter to the County Commissioners, secondly they review the Ordinance to see if time has required some adjustments or actions that would be appropriate, and thirdly that a Code of Conduct be developed for all Boards so members know what is expected of them and continue to refine and improve the Boards activities associated with the County's. Second by Mr. Arceri. Discussed forwarding this to the Board of County Commissioners and the Board's priorities and having behavioral guidelines. This could go to the County Attorneys office. Mr. Sorey amended his nwtion to read: 1) Request County Attorney review and present these actions for the Committees review, 2) Attorney provide Ordinance to include staers recommendations and 3) the Attorney look at other Cities, make recommendations and suggestions and Board of County Commissioners to decide whether they want a Code of Conduct for all Boards or not. Mr. Sorey amended his nwtion to include two of the elements as follows: Review of the Ordinance and make any recommendation to the County Commission and they will decide whether to modify the Ordinance or not and 2) - review the potential of a Code of Conduct and the County Commission will decide whether they want a Code of Conduct for all Boards. Mr. Arceri amended his second. Mr. Hendel asked if it was appropriate for a member of CAC to communicate on his own independently with a State Board that is considering issues of the Committee. He had a concern when decisions are needed to be made within CAe. Ms. Ashton did not see a conflict, legally, under the Statutes concerning voting conflicts and misuse of position etc. The Committees main concern was delays and added costs on pending issues. 3 . ( : 1: ... '1 o ..-','-. January 13, 2005 Motion carried - 8 yes -1 no. Mr. Ginsberg voted "no." Mr. Ginsberg moved iftbe Board cbooses to bear a lengtby discussion on any particular member's bebavior or couduct, tbat tbat member be present at tbe meeting. Second by Mr. Hendel. Mr. Hovell stated other Committees have to declare a vacancy because a member doesn't attend the proper amount of meetings, and under those circumstances it would be difficult not to use a members name in regards to their conduct of non- attendance. Mr. Arceri had a problem with the motion in that he or anyone may have to wait many months or several meetings to confront a member or issue if that member is not in attendance. Mr. Hendel withdrew his second. Witbout a second, tbe motion will not be considered. 2. Tigertail to Sand Dollar Island Boardwalk According to the Agenda Item Summary, a Feasibility Study is being done at the present time to detennine what impacts a boardwalk would have on the environment, what pennitting obstacles would need to be overcome and IF, a boardwalk were to be built, give a schematic design and proposed location. It stated staff is not convinced a boardwalk is the best approach to solve the problems. Raymond Carter - Manager of Park Operations for Parks & Recreation He spoke with Marla Ramsey, Public Services Administrator, to shed clarification on the subject. They are waiting for the Feasibility Study of which results should be received this week. He reiterated the summary given above. One of the concerns is the long way to get around the beach to Sand Dollar Island. People are also going through the lagoon which disturbs the bird habitat. Ms. Kulpa stated in 1997 and 1998 having a bridge was not to be considered and surprised a study is being done. Mr. Ginsberg displayed pictures showing activity of paths in the area. Discussed getting to the beach from the parking lot. Other discussions consisted of bird watching, reason for the feasibility study, public outcry on spending taxes, less people using facility, and costs. The 4 1611 January \3,2005 . Ordinance of "Planning and Prioritizing" was mentioned. Access and parking lots are a concern. Need to fix problem in acquiring more people in the area. More marketing and education of the public was suggested. Mr. Arceri moved CAC send a letter to Marla Ramsey expressing their concerns. Mr. Arceri will draft the letter. Second by Mr. Pires. Mr. Arceri amended his motion: He will revise the letter to express their concerns and state a Feasibility stndy is coming and would like the Committee to review for final comments. They invite Marla Ramsey to attend the next meeting. Motion stated again: The letter will state the concerns they have about the Bridge design, their understanding of the Feasibility Study, see it as soon as it is issued and ask Ms. Ramsey, or her representative, to attend their next meeting. Mr. Pires amended his second. Discussion followed on dealing with structures, bathroom facilities, patrolling and maintenance. Mr. Pires called for the question. Motion carried 8 yes & 1 no. Mr. Ginsberg voted "no." SPEAKERS Nancy Peyton - Florida Wildlife Federation - opposes the Boardwalk. Urges the Committee to send their letter as soon as possible. She stated a boardwalk had been proposed some time ago and the recommendation at that time was that it was ludicrous. They gave a series of recommendations. There have been permits submitted to State and Federal Agencies with negative comments. She stated it will not get permitted. Funds could be more wisely used for rangers, naturalists and educational programs to promote the area. Tigertail is a unique beach and should be marketed as a different beach. Ideas were given and never followed through. Lynn Livingston -Marco Island resident - opposed to the Bridge/Boardwalk - reasons stated are: it being a critical wildlife area, has endangered species, being a special beach area and excessive cost to the taxpayer. It is a premier habitat for shorebirds. The Boardwalk is not needed. Julie Lacascio - Friends of Tigertail- agrees with the previous speakers. She also agreed many suggestions have been made in the past and Parks & Rec have 5 16: January 13, 2005 not been followed through on. She told of the educational and shelling activities that are held but has not been advertised or articles in newspapers. Richard Stone - resident of Marco and user of Tigertail - objects to concept. Had been told how to build the Boardwalk concerning the feasibility study and was surprised to hear today they may not build it. Mentioned signage and safety with a Park Ranger. Many people from all over the Country come for birding. He encouraged the Committee to send their letter. Kathy Apy- Friends of Tigertail- Organization started about 7 years ago to preserve and protect that special area for coming generations. Stopping the Boardwalk will meet their goals. The project should be stopped. Regina Reiley - she walks the beach everyday and extends an invitation to all the Committee members to walk it with her and will explain the reasons they are opposed to the Boardwalk. Brad Cornell- Collier County Audubon Society - their President, Ted Beloe, has been studying the birds for many years and a national expert on the shorebirds in this particular area. His opinion is that Tigertail and Sand Dollar Island are the second most important coastal habitat area for resting and nesting shorebirds on all ofthe gulf coast of Florida. Needs to be promoted. They support the letter that is going to be written. Suggested they recommend a process and alternatives to addressing the problems in that area. Doug Fee - resident of the Northwest corner of Collier County -looking at a specific project and the Council is not aware of the comprehensive nature of the facilities that will be needed for the future. He discussed doubling the population and is important. Suggested having a workshop with the different Committees showing the access points, the facilities and then what is being planned is done with the environment in mind. Need to know what the whole picture is. Murdo Smith - Parks & Rec - the Advisory Board will hold a workshop in February with the public regarding the issues of beach access. Linda Colombo - Agreed with others that expressed being against the Boardwalk. Had attended the Parks & Rec meeting on December 8th in which they discussed the Bridge/Boardwalk. The members had forgotten they had approved the feasibility study. The study was then brought up and not mentioned whether it "should" be built, it was rather "how to build" a bridge. No mention of it having an environment impact. Charlette Roman - President of Friends of Tigertail - representing over 100 volunteers and over 700 people that have signed a petition against the Boardwalklbridge. They are opposed to the construction of the bridge and want to see the project stopped. Tigertail Beach has over 200 parking spaces. They are 6 (.n /" January 13,2005 partnering with Rookery Bay and the Hideaway Beach Community for education. They have formal educational programs as well and discussed the educational programs available with tours and walks. There are no maps, signs, nor indication of parking or closest route to the beach. Looking at bathroom facilities is important. There should be literature indicating the diversity of the area, access to the beach, birding opportunities and low & high tides. She has written to Jack Wert on marketing the park, helping the public enjoy the park better and no suggestions have been followed upon. They would like to partner with Collier County on some of the low cost alternatives they might have in lieu of the Boardwalk Bridge. Mr. Smitb stated they looked into the portable toilets and found there is a health department requirement. They can't be there for a certain amount of time. BREAK - 3:00 PM RECONVENED - 3:11 PM (Mr. Pires was out oftbe room) 3. New Vebicle for Coastal Inspections - Ron Hoven A replacement vehicle (Ford Explorer) is being recommended for coastal inspections. Mr. Snediker moved to approve $28,000 for tbe new replacement vebicle. Second by Mr. Hendel. Carried unanimously 8-0. (Mr. Pires returned - 3:14 PM) VIII. OLD BUSINESS 4. County/City of Naples Beacb Renourisbment Update - Ron Hoven A lengthy discussion and several questions were asked of Steve Keene of Coastal Engineering. Some issues discussed were: . State Permit was issued . Need Biological opinion from Fish & Wildlife - next month or two . Concern on wording of permit on approving storm water outfall . Summary and discussion on structures on the beach and the artificial reef. . Many things need to be worked out with DEP . Monitoring, aerial photography & surveys will be done at the same time. The staff's recommendation was that CP&E be given final approval to design the artificial reef. 1. TDC Category "A" 10- Year Funding Projections - Ron Hoven Mr. Hovell covered various line items and explained those the Committee needed clarification on. 7 tJ$. )' , ~, J..Oil · January 13, 2005 . Format and structure has been revised . Each category has projection based on available documentation . Revenues based on anticipated reimbursements for specific projects and known sources offunding. . Not enough funding for everything . General Reserves, projects and priorities were discussed at length Remarks were made as to the confusion of the Budget, responsibilities and priorities of inlets. The policy was discussed in detail concerning budgetary concerns. A Resolution was passed in an earlier meeting to have the interest added back into the Budget. Mr. Pires mentioned to reiterate to the Board of County Commissioners again that the Committee wishes to have the Interest on TDC funds travel "with" the TDC Funds. Mr. Hendel expressed the Budget is the most important thing the Committee does. He would like to hold a Workshop, identify each item, have conclusions and assumptions and prioritize. Need to go through each item in detail for a better understanding. In summary, due to the many questions and a better understanding of the Budget, a Workshop will be held on February 18th at 12:30 PM. 2. Development of Funding Parameters for Inlets - Ron Hovell The Board agreed, after a presentation by Mr. Pennington, the request for the Committee to develop proposed parameters for funding the maintenance for each of the County's Coastal Inlets, should be established. Mr. Hendel moved that the Chairman of the Coastal Advisory Committee appoint a Committee to pursue this matter and make final recommendations with regards to the five passes discussed in Mr. Pennington's memorandum. Second by Mr. Sullivan. Sub-committees job will be to establish what areas will be funded under tourist tax funding for each. More discussion followed on the duties of the Sub-Committee. Carried unanimously 9-0. Mr. Pennington appointed the Sub-CommiUee consisting of: Mr. Sorey representing the City of Naples, Mr. Sullivan the City of Marco Island and Ms. Kulpa - unincorporated area. The Chairman (Mr. Pennington) will attend only as an advisory and resource. He asked Mr. Hovell attend as staff resource. Meetings will be advertised. He will arrange a boat tour of Wiggins Pass. 8 // 11 ~ , 1\ ~i. 6..J '\.~~ U ~,~ ~ January 13, 2005 Mr. Sorey moved Mr. Sullivan be Chairman ofthe Sub-Committee. Second by Ms. Kulpa. Carried unanimously 9-0. 3. TDC Category "A" Grant Application for Doctors Pass Maintenance Dredging - Ron Hovell Delay due to the City getting a Consultant under Contract. Now have a proposal. Cores samples were taken and there is material that is not beach compatible, so no longer including it in the permit request. City moved forward. Mr. Pennington read a statement of his opinion on the Grant Application. Mr. Sorey moved to fund Doctor's Pass Maintenance Dredging for $598,500 or 100%, and also either recommend the Commission take it from the Reserves (Tourist Tax) or be reallocating Wiggins Pass excess. Second by Mr. Sullivan. The question was asked if the funds of $598,000 are available at this time. Mr. Hovell responded "yes" if they ignore the Policy. They are in the hole now in their policy for not having the required set asides for the renourishment reserves and catastrophes. Discussion followed on the funding, sponsorship of the project, the County Policy and the] O-year Plan. (Mr. Hendel left at 5:09) ] f the Vanderbilt Beach Parking Garage is financed, additional budget will become available. Mr. Pires called for the question. Motion carried unanimously 8-0. 5. Hideaway Beach Renourishment Update - Ron Hovell Humiston & Moore is requesting an additional $28,500. Mr. Pires moved to approve the two work order amendments. Second by Mr. Sorey. Carried 7 yes -1 no. Mr. Ginsberg voted "no". 6. Marco South Beach Renourishment/Caxambas Pass Dredging Update - Ron Hovell Taylor Engineering requested an additional $8,690 to pay the permit fees. Mr. Pires moved to approve $8,690 for permit fees. Second by Mr. Sorey. Carried unanimously 8-0. 7. Wiggins Pass Dredging Update - Ron Hovell 9 \, ~. January 13, 2005 , l J1 () Construction is scheduled for January 17, 2005. IX. Public Comments - None X. Announcements - Workshop - February 18, 12:30 PM XI. Committee Member Discussion Mr. Arceri - there has been correspondence concerning a proposed change on the make-up ofCAC Committee. Mr. Pennington explained the make-up of the Committee. Discussion and opinions were expressed by the members. Mr. Ginsberg - talked about the freedoms he has and his privilege of serving on the Board and representing the people in the community with his opinions in any media of his choice, without the scrutiny by the Committee members. He stated he has never represented the Board, other than himself, in public comments and his discussions with DEP had been held before his appointment to CAe. XII. Next Meeting DateILocation 1. February 10,2005 -1:00 PM - BCC Boardroom There being no other business for the good ofthe County, the meeting adjourned by order of the Chair at 5:36 PM. ****************** COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 10 1611 February J 0, 2005 . TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, February 10, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F ofthe Government Complex, East Naples, Florida, with the following members present: Fiala / , Halas _~_. Henning_-~~T- Coyle --';7L._~ CHAIRMAN: Ron Pennington Coletta .-------..--- John Arceri (Excused) Murray Hendel Graham Ginsberg (Resigned/Absent) Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan (Excused) ALSO PRESENT: Ron Hovell, Project Mgr. Coastal Projects Maria Bernal, Tourism Heidi Ashton, Assistant County Attorney Jack Wert, Tourism Director Page J Dale Ilem#: Copies 10: 16~1 February 10, 2005 ~ The meeting was called to order by Chairman Ron Pennington at 1:03 PM. I. Roll Call Roll call was taken and a quorum established. Mr. Ginsberg resigned as of February 3, 2005. Mr. Sullivan is excused. Mr. Arceri will be late. II. Changes and Approval of Agenda Mr. Sorey moved to approve the Agenda as presented. Second by Mr. Snediker. Carried unanimously 6-0. III. Public Comments - none IV. Approval ofCAC Minutes 1. January 13,2005 - Page 9 - Ms. Kulpa asked if part ofthe motion "or be reallocating Wiggins Pass Excess"........was deleted. The tape will be reviewed. Correct spelling of Mr. Below's name was made. Mr. Pires moved to approve the minutes of January 13,2005 as amended with correct spelling of name. Second by Mr. Sorey. Carried unanimously 6-0. V. Staff Reports Jack Wert - Director of Tourism - introduced new Coastal Projects Manager - Gary McAlpin. VI. New Business 1. Tourist Tax Surplus Investment Recommendations - Jack Wert, Tourism Director - explained presentation that had been given to Tourist Development Council which had been a follow-up of Joint meeting with Tourist Development Council and Board of County Commissioners, all of which had been held in January. Overview of some facts given were as follows: . Tourist Tax surplus not spent last year - carried forward to this fiscal year '05/06. . Rollover with no interest earned . Looking at surplus to be invested in additional marketing and advertising to attract more people in summer months and new destinations. . Surplus to be used in summer months when business is needed. . Will need Ordinance change Discussion took place on the funding, research done on destination, hurricanes, projections, investments and return. Mr. Wert stated he is looking at a one time proposal. . There was a 15% increase of Tourist Tax in summer of '04 . When referendum was passed percentage was 40% for promotion and events - now it is 16%. Page 2 16' 1 February 10, 2005 . . lffunds are given for this summer, they will not need to use the mechanism again. The Ordinance could be changed back according to Mr. Wert. . Category "A" funds cannot be used for anything but Category "A" funds without an Ordinance change. Many comments and questions by Committee members on the diversion of Category "A" funds. Questioned whether the funds are "surplus" funds. Many ofthe members were not in support of Mr. Wert's proposal. Mr. Pires moved to deny staffs recommendation as to the Amendment to the Tourist Tax Ordinance. Second by Mr. Snediker. Carried unanimously 6-0. Mr. Pires moved to authorize the Chairman of CAC to send a letter to the BCC opposing the diversion of funds as presented in their Agenda packet. Second by Mr. Sorey. Carried unanimously 6-0. 2. Review of FY 2006 Category "A" Grant Applications - Ron Hovell Overview of$7.5M grant applications. Intent is to answer questions on particular issues. a. County/City of Naples Annual Beach Monitoring 2006 - Permits have not been received as of yet. - Having a Budget line item was recommended. - Mr. Hovell will approach the various entities for confirmation to proceed. i. Collier County Shorebird Management Plan (Environmental Services Department) ii. Beach Tilling and Permit Maintenance 2006 b. City of Naples Submitted two applications - Doctors Pass Monitoring/$64,OOO and City of Naples Beach Cleaning/$60,000. c. City of Marco Island - $115,000 from Engineer for monitoring - Laser grading $25,000 - Marco South Beach Renourishment - $1.9M - Caxambas Pass extended Dredging - $2M - Marco Island Beach and Pass Monitoring - $85,000 - Hideaway Beach Tilling - $5,000 d. Environmental Services Department - Sea Turtle Protection-Monitoring & Beach Studies - $162,500 e. Parks & Recreation Department - Beach Cleaning - $429,300 (Previous years budget was requested- more informational details are needed) - Vanderbilt Beach access Paved Walkway & Bridge - $150,000 - Wiggins Pass Monitoring - $34,000 - Beach Accesses Landscaping - $10,000 Page 3 16 ~ '1 0 February 10, 2005 Having Parks & Rec issues brought before CAC was discussed. Mr. Wert mentioned a change in the policy would be needed. f. Pelican Bay - Clam Pass & Eco System Annual Hydrographic Monitoring - $11,000 g. Tourism Department - Project Management & Misc. Fees 2006 - $444,000 (Full time Coastal Management person and salaries were discussed) 3. Vanderbilt Beach Parking Garage Financing - Ron Hovell Funding was discussed with spreadsheet of the 10-year plan shown on the visualizer. Project estimated at $8.1 M Mr. Sorey moved to recommend a conceptual approval for financing the Vanderbilt Beach Parking Garage. Second by Mr. Pires. Carried unanimously 6-0. BREAK - 3:07 PM RECONVENED -3:17 pm (Mr. Pires did not return) VII. Old Business 1. Tigertail-Sand Dollar Island Boardwalk Project-information only- Ron Hovell Letter attached was discussed. Misconceptions were clarified. SPEAKER Brad Cornell- Collier County Audubon Society - (Letter Attached) The letter was regarding the Tigertail Beach Boardwalk feasibility study. County has misunderstandings about the quality of Sand Dollar and Tigertail Beaches and how they promote them. The Audubon Society has concerns about the future. They are concerned with Ms. Ramsey's letter implying DEP would likely approve a boardwalk or bridge. Encouraged CAC to be leaders in an alternative development process to address problems, opportunities and beach access. 2. County/City of Naples Beach Renourishment Update - Ron Hovell State Permit issued on January 12th Fish & Wildlife Service yet to complete Unlikely to get Federal permits soon All data needs to be updated on Website - $6,000 for changes to be made to update. It was the consensus of the Committee the updates be done. 3. Hideaway Beach Renourishment Update - Ron Hovell Recommended approval of work order amendment with Humiston & Moore Engineers in an amount not to exceed $11,648. Page 4 1611 . February 10, 2005 Mr. Snediker moved to approve the request for $11,648. Second by Mr. Sorey. Carried unanimously 5-0. 4. Marco South Beach Renourishment/Caxambas pass Dredging Update - Ron Hovell Required to conduct a seagrass survey in order to complete the permit application. 5. Wiggins Pass Dredging Update - Ron Hovell Dredge on site/tinal stages to start Discussed figures. Revised project estimate was discussed. (Mr. Pires returned at 3 :41 PM) Mr. Sorey approved tbe contract modification for an amount up to $141,072 for allowing payment for tbe actual dredged quantity. Second by Mr. Snediker. Carried unanimously 6-0. 6. Doctors Pass Dredging Update - Ron Pennington RAI #2 sent to DEP on January 28th. Deleted previous request for extending south channel Other issues were given. VIII. Public Comments - None IX. Announcements . DEP Worksbop - March 10th - 5:00 PM witb tbe State Hearing following at 6:00 PM (County hosts the Workshop with the State Hearing being a formal process) X. Committee Member Discussion . Ms. Kulpa asked if they were to receive any handouts for the Workshop. Discussion followed. . Ms. Ashton will continue to attend the CAC meetings. . Mr. Pennington discussed memo to County Attorney to review Ordinance for Boards Code of Conduct. . Mr. Pennington referred to copy of Letter from Clerk of Courts concerning the Interest earned on Category "A" Tourist Tax funds. . Mr. Pennington referred to information from Dr. Staiger concerning Beach Development of which will be on the Website. XI. Next Meeting Date/Location 1. February 18,2005 12:30 PM - 10- Year Plan Workshop - BCC Board Room . Workshop will be advertised. Page 5 "iJ 6\1 ") 1 1\ 1 I.>> February 10, 2005 2. March 10,2005 -1:00 PM - Regular Meeting - BCC Board Room ******** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:03 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington Page 6 1611 . The Coastal Advisory Committee is holding a budget workshop to review the IO-year plan for Category "A" projects. Other county department staff members have been requested to attend as indicated above. Please ensure that your area of responsibility is represented so that we can cover all the topics in a timely manner. The meeting will take place Friday, February 18,2005 beginning at 12:30 p.m. in the Board of County Commissioners Boardroom, Administration Building F, 3301 E. Tamiami Trail, Naples, FL 34112. The discussion will include Tourist Development Tax projections, Reserve Fund requirements and amounts, financing of projects and other topics related to the finalization ofthe Ten-Year budget plan for beach projects. RECEIVED JAN 0 :1 20D6 Board of County Commissioners Fiala J / Halas ~- Henning~--- Coyle /_- Coletta ,/ .. Misc. Corres: Date: Item#: Copies to: ~ ~ . \I""=jj (.~:;; (' "\,j ~i '. (, Ul Z o ;:: u w .., o a: 0.. ;c ~ o " W I-- ... U U o I-- ~ ~ ~ o ~ ~ g g ~ .... CO'< .... 111 ~~;:{= . = N ",..;.., ~ ~ B! N ~ = ~ N ~ : ~ U~ t;:{:i ~ ~ M S N > ~ !UU! to ... .... ..,. 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".I Si~iiii~~6;~ 1,~.,nH!U ; '" __r B IUI UI i mi 8 1Il!!l ~~ ~!II ~!!l 0:...,,, ~~U,~g~~i~~ , I ! !' ., .H ~ 11;~I~i!!ln!l. I :I'l""1 & !!~!nH!!i" ~~ il mi , i ~ij i i IU! B~ mmli!j,l ~Jgl:!~~~i~SG~ ~i::!lJ!~~I!II:n:i~:-<", :i:;!n:i~io~:U:oil! 1611 . February] 8, 2005 TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY COMMITTEE BUDGET WORKSHOP Naples, Florida, February 18, 2005 LET IT BE REMEMBERED, that the Coastal Advisory Committee Budget Workshop in and for the County of Collier, having conducted business herein, met on this date at 12:30 PM in WORKSHOP SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: Fiala ~ Halas ~' Henning . Coyle . Coletta CHAIRMAN: Ron Pennington John Arceri Murray Hendel (Excused) Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan (Excused) ALSO PRESENT: Ron Hovel! Maria Bernal, Tourism Heidi Ashton, Assistant County Attorney Jack Wert, Tourism Director Gary McAlpin, Coastal Projects Mgr. Mark Isaacson, OMB Misc. Corres: Date: Item#: Copies to: ."';~ (,. '1 1 ~ " .l f\ V U 0;'" o February 18, 2005 CAC BUDGET WORKSHOP The Budget Workshop was called to order by CAC Chairman Ron Pennington at 12:30 PM. TOC Category "A" Projections was distributed (Attached) Mr. Hovell introduced Mark Issacson from the Budget Office. Mark Isaacson - Office of Mana2ement and Bud2et - the Committee asked how the funds flow through to Finance. He is not with the Finance Oept. but gave a synopsis of how the process takes place. (Funds 193-194-195) Some points brought up in discussion are as follow: . Fax is received from tax collector and then broken down by source of tourist collections, (by month) . Then wired to finance ~ then shift them into various funds according to Ordinance. . Then he checks with SAP system for reconciliation of revenues. . The revenue projections are given from his office Questions, comments and discussion followed on the 10 year plan, revenues, surplus and Category "A, B & C". Renourishment versus Marketing and expenses anticipated was a real concern. Mr. Wert stated forecasting and projections are going to be asked of the hoteliers. This will help their projections for budgeting purposes. Hoteliers are saying they have "no new" business on the books for July/August/September. They did last year at this time, consequently concerned. Proiections · Mark goes through budget process by lobbying TOC and CAC and then prepares a preliminary document that the BCC receives in a Workshop, · Excess over plan - program requirements not projected for. . $6.4M is conservative according to CAe. · Notes by Budget office are reviewed by the various divisions and BCC will know CAC has major concerns. · TOC & CAC both agree the interest should not go back to the General Fund. · Mr. Wert stated projections can be difficult at times ~ some too high/some too low. Caution 2 ~, / II /' I .. . Febru~:18:~2005 ,~, ~ . Mark gives a note of caution - wouldn't be concerned on forecast methodology had they not be faced with Mr. Wert's proposal. Last year was a record year in tourist tax receipts based on historical averages. But concerned when they don't know what will happen in the summer months. It is dangerous to make any "wild swings" in forecasting and advises not to do so. . Mr. Wert is concerned about the negative advertising for meeting planners concerning the 2004 Hurricanes. Need to tell people why they "should" consider Florida. · Mr. Pennington is concerned of expending funds when it appears they will have a dire need for them before the end of the year. Revenues 1) Tourist Taxes-Category "A" 2) Reimbursement Revenues - (Sheet attached) a. Local Cost Sharing I. Received check from Marco Island for their portion of the Hideaway Beach Renourishment. Remainder is projected payments from FL DEP. File quarterly reports with State and then get reimbursed. b. FDEP Contract c. FDEP Long Range Plan d. FEMA Projections 3) Financing a. 10 Year Term - Debt analysis for Parks. (Attached) This shows the summary by years. **The Executive Summary of the tourism presentation for the BCC meeting on Tuesday was distributed and discussed. (Attached) Also discussed the Tourist Tax Ordinance change and vote by the Commissioners. EXDenses Covered A. Inlets: . Covered the figures for each Pass · Caxambas Pass information will be provided at the next CAC meeting B. Structures: . #2 - Wood Groins will be removed from the Budget C. Beaches: . Covered the various beaches. D. Beach Maintenance (Includes) . Sea Turtle Monitoring . Beach Cleaning . Dunes/Structures/Misc. E. Administration Fees . Project Management . Tax Collector/Misc F. Special Projects . Lake Trafford Restoration - start in next month. 3 1611 February 18, 2005 Ii · Vanderbilt Parking Garage - Total cost max $8.IM ($7.5M financed) . Financing - Parking Garage G. Beach Park Facilities . Beach Park Facilities . Prior Year Carry forward . Financing - Parking Garage (Parks & Recreation) Mr. Hovell mentioned they have budgeted 5% less than projected which won't affect the Reserves. Mr. Wert wants to take current monies for advertising and marketing to bring people to the Naples area in the 4th quarter - July/August/September. Discussion in increased advertising and several questions were asked of Mr. Wert concerning marketing. Mr. Arceri is against the Ordinance change but wanted to propose a compromise and was willing to discuss it at their next meeting. He would like to help the hotel group. Discussed sunsetting after one year. Mr. Pires is concerned that this Ordinance change is not just for 1 year. He would be in favor of just a one year opportunity. Mr. Pennington is opposed to making any change in the distribution of funds. Mr. Wert didn't think this was a one year problem - will continue to suffer in this destination from not being able to publicize adequately. They are losing market share and will continue to lose more because of the lack of funds to advertise. Discussion of putting this issue on their next CAC agenda was discussed. The majority of members attending can have an item added to the Agenda. There being no further business for the good of the County, the workshop was adjourned by order of the Chair at 3:12 PM. ********* COLLIER COUNTY COASTAL ADVISORY COMMITTEE BUDGET WORKSHOP Chairman Ron Pennington 4 03-10-05 Agenda 1 ,A lagr, 1,p,f2' .~ IA " ('; , 0 MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, MARCH 10, 2005 W. Hannon Turner Building (Administration Building F) Collier County Government Center, 3301 E. Tamiami Trail, Naples L Call to Order II. RollCall RECEIVED J.6.N 0 3 2006 ilL Changes and Approval of Agenda IV. Public Comments Board of County Commissioners V. Approval of CAC Minutes 1. February 10, 2005 - Regular Meeting 2. February 18, 2005 - 10-year Plan Workshop VL Staff Reports Fiala Halas Henning Coyle Coletta / / v/ V '{L_-':: f 1. Revenue Report 2. Monthly Status Report VII. New Business 1. Fiscal Year 2005 Out-of-Cycle Grant Applications a. County/City of Naples Annual Beach Monitoring 2005 2 Fiscal Year 2006 Tourist Development Council Category "A" Grant Applications a. Miscellaneous i. County/City of Naples Annual Beach Monitoring ii. 90527 City of Naples Beach Renourishment iii. 90527 Collier County Shorebird Management Plan (Environmental Services) iv. Beach Tilling and Permit Maintenance b. City of Naples i. Post Project Environmental Monitoring of Doctors Pass ii. City of Naples Beach Cleaning c. City of Marco Island i. Hideaway Beach Monitoring ii. Marco Island Laser Gradmg iii. Marco South Beach Renaurishment iv. Marco Island Beach and Pass Monitoring v. Hideaway Beach Tilling vi. Caxambas Pass "Extended" Dredging d. Environmental Services Department i. Collier County Sea Turtle Monitoring & Beach Studies e. Parks and Recreation Department i. Beach Cleaning ii. Vanderbilt Beach Access Paved Walkway and Walk Bridge (Inlonnaliona' Purpose Only) iii. Wiggins Pass Monitoring iv. Beach Accesses Landscaping (Infonnational Purpose Only) f. Pelican Bay i. Clam Pass Annual Monitoring g. Tourism Department i. Project Management & Misc. Fees VIII. Old Business 1. County/City of Naples Beach Renourishment 2. Hideaway Beach Renourishment Update 3. Marco South Beach Renourishment/Caxambas Pass Dredging Update 4. Wiggins Pass Dredging Update Misc, Cones: Date: http://www.colliergov.net/tdc/cac/03-10-05Agenda.htm 12/21/2005 03-10-05 Agenda Page 2 of2 ]( 5. Doctors Pass Renourishment Update 6. Tigertail-Sand Dollar Island Boardwalk Consultant Report IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location 1. April 14, 2005 - 1:00 p.m. - BCC Board Room XIII. Adjournment AU interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board poor to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/tdc/cac/03-10-05Agenda.htm 12/21/2005 1611 . March 10, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, March 10, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at I :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the / Fiala ~ . /. following members present: Halas- ~., _ Henning_-.L.r--"'--- Coyle . l/_-- Coletta.. --'-' CHAIRMAN: Ron Pennington John Areeri Murray Hendel Heidi Kulpa Tony Pires James Snediker John Sorey III Paul Sullivan (Excused) ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Maria Bernal, Tourist Tax Coordinator, Tourism Heidi Ashton, Assistant County Attorney Mark Isackson, OMB Dr. Mike Bauer, Natural Resources Mgr. Ron Hovell Misc. CorTes: Da~e: Item#: Copies to: March ltJ~ ~ 1 .. .. Q I. The meeting was called to order by Chairman Ron Pennington at 1:00 PM. 11. Roll Call: Roll call was taken with a quorum established. Mr. Sullivan is excused. Mr. Pennington introduced Mike Bauer, Natural Resources Mgr. for the City of Naples. Ill. Changes and Approval of Agenda: Mr. Arceri moved to approve the Agenda. Add under "New Business". 1. A. Vanderbilt Parking Garage. Mr. Arceri moved to accept the Agenda as amended. Second by Mr. Snediker. Carried unanimously 7-0. IV. Public Comments ~ None V. Approval of CAC Minutes: 1. February 10,2005 - Regular Meeting - Page 4 ~ Restate - Mr. Pires returned after the Recess at 3:41 PM. Mr. Arceri moved to approve the February 10, 2005 minutes as amended. Seconded. Carried unanimously 7-0. 2. February 18,2005 - 100year Plan Workshop - Page 2 ~ Committee felt a better word to use by Mark should have been iriforming instead of lobbying. Minutes were accepted and seconded as changed. Carried uuanimously 7-0. VI. Staff Reports: Gary McAlpin 1. Revenue Report - Mark Isackson - OMB The Budget figures of FY '05 "Current" and FY '05 "Forecast" was distributed and covered with the various items discussed. 2. Monthly Status Report - Gary McAlpin The report will now be distributed each month. Spreadsheet discussed. Dr. Bauer - Natural Resources Manager for the City of Naples covered information on the various items concerning the City. VIl. New Business: 1. Fiscal Year 2005 Out---{)f-Cycle Grant Applications a. County/City of Naples Annual Beach Monitoring 2005- Mr. McAlpin - correction was issued to state $100,000 for Engineering. Mr. Arceri moved to accept the grant application. Second by Mr. Snediker. Carried unanimously 7-0. b. Vanderbilt Parking Garage - Ron Hovell Have bids and will go to the BCC on March 22nd. There are additional costs of$ I 00,000. Low bidder is $7.6M. Staff is asking approval for an $8M commercial paper loan. 200 additional parking spaces, financial and construction costs were discussed. 2 jl( March 10, 2005 Mr. Arceri moved to support the financing of the Vanderbilt Parking Garage. Second by Mr. Sorey. Carried 6-1. Mr. Hendel voted "no." 2. Fiscal Year 2006 Tourist Development Council Category "A" Grant Applications: a. Miscellaneous i. County/City of Naples Annual Beach Monitoring - $100,000 Monitoring is typically done in the summer. 2005 budget is not currently budgeted because they assumed the post construction monitoring would be sufficient. Monitoring includes from County line through Barefoot Beach, Wiggins State Park and south of Naples etc. Was noted they are only monitoring the part that has been renourished. Mr. Pennington mentioned it is an advantage not to minimize the costs. Mr. Snediker moved to approve. Second by Mr. Sorey. Carried unanimously 7-0. ii. 90527 City of Naples Beach Renourishment - Artificial Reef $2,000,000 Mr. Sorey moved to approve. Second by Mr. Pires. Carried unanimously 7-0. iii. 90527 Collier County Shorebird Management Plan (Environmental Services) - Doug Suitor - $27,175 He explained the overhead costs, secretarial costs etc. Some of the budget costs are required by DEP. Mr. Hendel moved to approve. Second by Mr. Arceri. Carried unanimously 7-0. iv. Beach Tilling and Permit Maintenance - $20,000 Marco Island is listed as a separate application because of the laser grading. Mr. Arceri moved to approve. Second by Mr. Sorey. Carried unanimously 7-0. b. City of Naples i. Post Project Environmental Monitoring of Doctor Pass- $65,000 Mr. Pires suggested recommendation for approval and recommend the Board make legislative findings that it is eligible for funding. Mr. Pires moved to approve. Second by Mr. Hendel. Carried unanimously 7-0. ii. City of Naples Beach Cleaning -$60,000 3 "';, (, ~ 1 ~ 1-... ~ ....U, March 10, 2005 . Mr. Hendel moved to approve. Second by Mr. Sorey. Carried unanimously 7-0. c. City of Marco Island i. Hideaway Beach Monitoring - $115,000 Mr. Snediker move to approve. Second by Mr. Hendel. Carried unanimously 7-0. ii. Marco Island Laser Grading - $25,000 Ms. Kulpa moved to approve. Second by Mr. Snediker. Carried unanimously 7-0. iii. Marco South Beach Renourishment - $1,900,000 Mr. Snediker moved to approve. Second by Mr. ArcerL Carried unanimously 7-0. iv. Marco Island Beach and Pass Monitoring - $85,000 Discussed hurricanes and FEMA funding. Staff recommends approval of the application even though it is not a requirement for any permits. Mr. Sorey moved to approve. Second by Ms. Kulpa. Carried 6-1. Mr. Pires voted "no. " v. Hideaway Beach Tilling - $5,000 It was noted the City of Marco Island will reimburse Collier County for the cost of the tilling. Mr. Arceri moved to approve with it being a reimbursable cost to the County from the City of Marco Island. Second by Mr. Snediker. Carried unanimously 7-0. vi. Caxambas Pass "Extended" Dredging - $2,000,000 Mr. Arceri clarified and agreed that it was not a mc eligible funded project and is not in the County Resolution. He stated it should be withdrawn and discussion followed on if and when it is eligible. Mr. Sorey moved to disapprove the grant request project. Second by Mr. ArcerL Motion to deny carried unanimously 7-0. d. Environmental Services Department i. Collier County Sea Turtle Monitoring & Beach Studies - $162,500 Mr. Hendel asked for the previous year's budget. Mr. McAlpin responded $149,000 was approved for last year's budget of which has been spent. Maura Krause reported there were a lot of hurricane expenses. 4 ." f n '"'< .1 .. March 10, 2005 Mr. HendelltWved to approve. Second Ms. Kulpa. Carried unaniltWusly 7-0. e. Parks and Recreation Department i. Beach Cleaning - $220,500 Mr. Sorey ItWved to approve. Second by Mr. Arceri. Carried unaniltWusly 7-0. ii. Vanderbilt Beach Access Paved Walkway & Walk Bridge (Informational Purpose Only) iii. Wiggins Pass Monitoring - $34,000 Ms. Kulpa moved to approve. Second by Mr. ArcerL Carried unaniltWusly 7-0. iv. Beach Accesses Landscaping (Informational Purposes Only) f. Pelican Bay i. Clam Pass Annual Monitoring - $11,000 Mr. Pires moved to approve. Second by Mr. Sorey. Carried unanimously 7-0. g. Tourism Department i. Project Management & Misc. Fees - $420,000 This does not include a Coastal Systems Manager as it is questionable whether Tourist Tax Funds can be justified as the individual will be dealing with many other issues beyond the beach renourishment project. Mr. Arceri moved to accept the application. Second by Mr. Snediker. Carried unaniltWusly 7-0. A Break was taken: VIII. Old Business 1. County/City of Naples Beach Renourishment A workshop will be held today on the erosion control lines at 5:00 - 6:00 PM. with a public hearing at 6:00 PM. Steve Keehn -Coastal Engineer with Coastal Planning & Engineering - Update on Artificial Reef slide presentation: . Investigated 5 potential sites of which were shown and explained . Showed the site recommended . Indicated the reasons for being the site chosen . Next phase is to design the site . Ready to submit documents to DEP and move towards Notice to Proceed 5 1 - _ 1 ... ('."1 "II \: I ~.i:, March 10, 2005 . Discussed schedule and priorities with biological opinion's and problems (US Fish & Wildlife has not completed the biological opinion, therefore Federal permits not anticipated in next few months) . Agencies not responding in a timely manner . Looking to start construction in November and finished by April 1 st which is still doable. 2. Hideaway Beach Renourishment Update - Gary McAlpin . Three options on project . Need Biological opinion and easements . Need to resolve the mangrove mitigation plan - working with DEP and given proposal for exotic removal... .. . . When Notice to Proceed is issued, they will move forward. . Permit allows work to continue through turtle season and place sand on the beach 24/7. (Could work 12 hours a day and not during the night) A lengthy discussion followed on working in turtle season and the working hours. One option is holding off until after turtle season. . Dredge will be available April 7th Mr. Pennington reiterated the options as being: I) Going ahead with the Contract as is 24/7 (If around the clock people will be on the beach at night for approx. $15,000/mo.) 2) Work 12 hours during turtle season but not at night. (Increase $500,000) 3) Project be deferred until November and mayor may not be an increase in mobilization costs. SPEAKERS Dick Freeman - Hideaway resident & Chairman of Hideaway District Board - has had conversations with Nancy Ritchie and found the primary location where the turtles will nest is where Coconut Island use to be. Nancy hoped the main turtle nesting season would be in the gulf and onto that beach, but no beach there. Placing the sand will increase further turtle nesting. The water temperatures make a difference also. Her opinion is the early part of May would not be a nesting time for the turtles. Approx. 70% of the residents leave sometime before May I st and would be best if the project was done at that time. They would prefer Option I in getting it done now. Nicole Ryan - Conservancy of SWFL - stated she can't comment on the specifics of the subject, but that it could be a dangerous precedent of doing beach renourishment during turtle nesting season. Biological opinion is an "incidental take statement." It means the government is saying the actions likely could harm, harass and kill listed species and allowed to do it. Usually Cities and Counties hold developers to a higher standard, and if municipalities are doing something that requires "incidental take statements", how can they ask them to try to avoid impact? She was concerned. Maura Krause - Environmental Department - she runs the sea turtle program - If done during turtle season she would have to have someone there during the entire 6 1 ,... ~ ! V I ..L March 10, 2005 . evening. It would make it difficult for them to find someone. Another option in looking at the dates; it's the end of July, beginning of August when the turtles stop coming in on Marco Island. Her suggestion was a compromise and let the turtles make their nests, lay their eggs, and then move them. So if they would wait until August there could be a compromise and they would move the nests. Nancy Ritchie is not in favor of renourishing during turtle season. Much discussion and opinions were expressed by the Committee members. They will look at the dredge and timing before the next meeting. Options are: I) Make a determination now, 2) Continue until the next meeting, or 3) wait until all the information is in and call a Special Meeting. Mr. Snediker moved to attempt to get more information: the opinion from Fish & Wildlife, written agreement from Contractors on impact of November 1st and a better understanding of turtle impact ifthe project is done in the month of May, and with the information, they consider meeting to decide on Option 1 or go until November. Second by Mr. Sorey. Discussion was held on calling and holding another meeting. Mr. Snediker amended his motion to add: on or about the 23rd of March for their next meeting depending upon availability. After checking availability it was decided to hold the meeting on the 24th of March. Motion carried 5-2. Ms. Kulpa and Mr. Hendel voting "uo". 3. Marco South Beach RenourishmentlCaxambas Pass Dredging Update- Gary McAlpin Gary did not have the information needed. Ms. Ashton mentioned the Resolution from 1995 reflects the Boards policy and continues in existence until the Board adopts a Resolution to terminate the policy or changes it. Taylor Engineering has made application for the permit and is moving forward with DEP. 4. Wiggins Pass Dredging Update - Gary McAlpin Gary gave some background and stated 11,000 cubic yards of material has been dredged. There have been weather and equipment breakdowns so not operating 24/7. The Permit from DEP allows them to operate until April 1st. They are applying for a permit extension until May I st and investigating with DEP to see if it can be extended into turtle season. Mr. Sorey asked for a recap of the Committees concern for the record. Mr. Pennington mentioned this is the low bidder and he is leasing the equipment being used. The reason they hired this particular company was they were told if they did not award the Contract to the low bidder, they could expect a protest which could tie them up for some time. The people at Wiggins Pass were very 7 t;1 l' " ': '~ l:a ': r :1 o March 10, 2005 concerned, so preceded with this company. They will work under the circumstances with the permits and may have to amend the scope of the project. In the future they suggested being a little more rigid writing their specifications. 5. Doctors Pass Renourishment Update - Ron Pennington RAI #3 has been received. Discussed the Corp needing another survey on the sea grasses. Major concern was the project being coordinated with the Collier County project and signed by the County. Mr. Pennington continued to give an update. Steve Keehn reported on the permit modifications and stated he is ready to send all the documents to DEP. All the issues are covered and will be addressed with DEP. 6. Tigertail-Sand Dollar Island Boardwalk Consultant Report - Murdo Smith/Parks & Recreation - just received the report, has not reviewed it yet and will do so with the Project Managers and Division Administrator. . Mr. Penuington read from the Executive Summary. . Mr. Sorey stated for the record, TDC voted unanimously to not pursue the project and recommended to the BCC not spend any more time or effort on it. SPEAKER Nicole Ryan - Conservancy of SWFL - she was outraged, and to have a report state it is not going to work, she stated, it's time to bury the Boardwalk issue. Mr. Sorey moved to recommend this be the conclusion of this project with a letter written to the County Commission from the Chairman expressing their views. This is based on the consultants report. Second by Mr. Hendel. Discussion followed. Mr. Hendel called for the question. Carried unanimously 7-0. IX. Public Comments - None X. Announcements - Confirmed meeting for March 24th - I :00 PM. - Two applications have been received for the vacant position on the Committee. - Mr. Pires, Mr. Sorey and Mr. Snediker's positions expire on March 22nd. - Mr. Sorey's position is a City Council representative and will be made by the Council. - Marco Island will also make their recommendations. - Mr. Pennington mentioned the term of office is for one year and expires in April. They will elect a Chair at that time and stated the incumbent may be re-elected if the Committee desires. 8 " - () March 10, 2005 XI. Committee Member Discussion . Mr. Sorey would like to see a summer schedule. . Mr. Pennington mentioned they need to meet 11 times a year and can take one month off in the summer. . The workshop will be held at 5:00 PM on Erosion Control Line. XII. Next Meeting DatelLocation 1. April 14, 2005 ~ 1 :00 PM ~ BCC Board Room ***** There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 4:35 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 9 1611 March 24, 2005 .. TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY COMMITTEE SPECIAL MEETING Naples, Florida, March 24, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in SPECIAL SESSION in Building "F ofthe Government Complex, East Naples, Florida, with the j following members present: Fiala vf ' Halas Henning ~ Coyle --7 Coletta CHAIRMAN: Ron Pennington John Arceri Anthony Pires Paul W. Sullivan James Snediker Heidi Kulpa Murray Hendel (Excused) John Sorey III (Excused) ALSO PRESENT: Maria Bernal, Tourist Tax Coordinator, Tourism Heidi Ashton, Assistant County Attorney Gary McAlpin, Coastal Project Manager ,(::;, 1 Dale: Item#: ...~ f! ~ "I " ~ V'"'" ~ loI ;~ ~,,,_1 ~ ~~ March 24, 2005 I. Meeting was called to order at 1:00 PM. II. Roll Call - Mr. Hendel and Mr. Sorey being excused, a quorum was established. III. Changes and approval of Agenda: The purpose of this special meeting is to consider the schedule for renourishment of Hideaway Beach with consideration of sea-tnrtle nesting season. No other business may be considered except by unanimous consent of the committee. Mr. Arceri moved to accept. Second by Mr. Sullivan. Motion carries. IV. Business: Consideration of the Schedule for Renourishment of Hideaway Beach: 1. Hideaway Beach Schedule Options Agenda Item Summary Gary McAlpin, Coastal Project Manager- There were two options for review addressed in the summary. Hummiston & Moore have done an excellent job going above and beyond. The state has given notice to proceed. With permitting and regulatory issues it appears that we are in good shape. (Review of schedule) April 6th would be a pre-construction meeting. A pre-site notice would have to be done between now and the 6th. They would be able to start on May 7th due to logistics. There is a lot of work to be done before the actual dredging could start, due to set up. The mobilization will be done during the day. They believe it will take one month for sand placement, included in that time is 7 days of inclement weather. Ms. Kulpa- The biological opinion says it will take 150 days and go through the entire turtle season. Mr. McAlpin-If there are weather issues it will obviously take longer. I f there is a delay then the contractor cannot guarantee availability. I f we decide to go to November then it should be re-bid now. Ms. Kulpa- There will be a problem from lights from the barge. Mr. McAlpin- We would conform to any regulations around equipment lighting at night. Mr. Pires- Have you applied for permits with Marco Island? Mr. McAlpin- Contractors are typically responsible for local permits. I will look into it. 2 lj "c\\" 0 March 24, 2005 Mr. Arceri- What experience has there been with Weeks? Mr. Pennington- They are nationally known. We do not have any direct experience with them. Mr. McAlpin- We have not had any direct experience with Weeks. Mr. Hummiston- We have worked with them before and they were on time. I thought they would be finished before the subject date. I would expect the cost to go higher if delayed until November, due to the weather fact and fuel cost. Mr. McAlpin- You will be coming out of hurricane season at that time. Ms. Kulpa- On page 3 I, terms and conditions, point II; do we have enough people to do all of the monitoring? Mr. McAlpin- Environmental Services said they don't feel they have enough staff. We don't have a complete plan as of yet. I believe we can come up with a plan. Ms. Kraus- (Chart Shown) May is the slowest month of turtle season. Water temperature usually doesn't hit 81 degrees until the end of April. Mr. Arceri- Could we be getting more turtles because we have a larger beach after the restoration? Ms. Kraus- The turtles don't need much beach in order to nest; they will even go up into the vegetation. Mr. Pennington- (Read from report) Mr. Snediker- 65-70% of the dredging will be done at night; affecting about 130 feet of the beach at one time. Ms. Kraus-Ifa turtle comes ashore to nest the dredging will stop temporarily while the nest is relocated. A licensed person will have the authority to stop the dredging and take the nest. This would take approximately two hours. Mr. Pennington-If they see a turtle come up on they beach they have to stop dredging. Mr. Hummiston- Yes I think that is in the biological opinion, if they see a turtle then they have to stop the dredging. Mr. Arceri- Is there anything in this contract that gives penalties if the contractor does not finish in time? 3 1611 March 24, 2005 . Mr. Hummiston- I don't believe that is an issue, a contractor wants to get in and out in order to get paid. V. Public Comments: Eric Recknicks, President of the Hideaway Beach Association- I want to assure this board and those speakers that the Board of Hideaway Beach are committed to environmental concerns. We cover our lights on the beach during turtle nesting season. We formed a special taxing district so that the residents could pay for their own beach renourishment. This increased our property taxes by ] 5%. Weare really close to having enough money to cover our share of the project. If we have to wait until November and the cost of the project goes up, we will not have enough funds. We will then have to go back with a new referendum, which could not be done until April 2006. Temporary T-groins were put in about 1997 or 1998, they have since expired. The county is required to remove those. I f they are taken out there will not be any protection. I am an advocate to continue this project. Nancy Richie, Environmental Specialist City of Marco Island- Until Monday the City of Marco Island was for the November start. After finding out that the contractor is unsure of November the city now recommends a start as soon as possible. When Collier Creek was dredged in turtle season a turtle crawled under a pipe. As I understand the time line: pre-construction April 6th, mobilization April 7'1>, first week of May pumping begins, this will take 30 days so that brings us to the first week of June; then two or three weeks of demobilization. Will the monitoring still be taking place while they are demobilizing? Mr. McAlpin- There won't be anymore night activities after the pumping has stopped. We will have a construction monitor out there. Mr. Pires- You have to arrange a meeting between the contractor, Fish and Wildlife, and the person responsible for egg relocation 30 days prior to commencement of work. Ms. Richie- This is something that needs to be dealt with tomorrow. Mr. Arceri- I am against June 7th as the finish date. Mr. Arceri moved to direct the county to proceed with this project based on an expected and planned completion date of May 31 st. Second by Mr. Snediker. (2) Opposed (4) for. Motion carries. Mr. Arceri- If we start this project and he has major equipment problems why wouldn't we consider postponing the job? 4 'J II 0 ';\ .l\.O".ll " March 24, 2005 Mr. McAlpin- We will do whatever it takes to plan and expedite this project to be completed in May. That is our commitment. VI. Committee Member Discussion: Ms. Kulpa- We shouldn't set precedence. The turtles affect everyone. Mr. Snediker- I prefer human beings myself. Mr. Pires- (Handed out articles) Ms. Kulpa- Thank you Mr. Pennington for the excellent job on the 22nd. Mr. Arceri- Thank you Gary McAlpin, super job. Mr. Pennington- I would like to echo that. Every board is reviewed every four years. We were required to submit data and make a presentation. (Open discussion on the informational gathering to take place on the boat tour. It was resolved to take the advice of the attorney and have Mr. McAlpin give the presentations after meeting in a clubhouse.) VII. Next Meeting Date/Location: 1. April 14, 2005 -1:00 P.M. - BCC Board Room VIII. Adjournment **** There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 3:19 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman, Ron Pennington 5 03-24-05 Page 1 ofl ,,,1 II .G :~ .. }., " MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE SPECIAL MEETING THURSDAY, MARCH 24, 2005 -1:00 P.M. W. Harmon Turner Building (Administration Building F) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order RECEIVED JAN 0 3 20C3 II. RollCall Board of County CommissIoners III. Changes and approval of Agenda: The purpose of this special meeting is to consider the schedule for renourishment of Hideaway Beach with consideration of sea-turtle nesting season. No Other business may be considered except by unanimous consent of the committee IV. Business: Consideration of the Schedule for Renourishment of Hideaway Beach 1. Hideaway Beach Schedule Options Agenda Item Summary 2. Biological Opinion Hideaway Beach a. Hideaway Beach Renourishment b. E-mail Hideaway Beach Mangrove Mitigation Plan and Notice to Proceed (NTP) Issuance c. Hideaway Beach Mangroves 3. Contractor Letters Confirming Delay Costs a. Weeks Marine and Marine Contracting Group Backup 4. Turtle Nesting Specifics on Hideaway Beach in May a. Nests in May b. Pictures V. Public Comments Fiala j Halas =f:Z: Henning >E.L _ Coyle ~ -- Coletta -L__-- VI. Committee Member Discussion VII. Next Meeting Date/Location 1. April 14, 2005 - 1 :00 p.m. - BCC Board Room VIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more infannalion, please contact Maria Bernal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chainnan grants pennission for additional time. Collier County Ordinance No. 99~22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. Misc. Corres: Date: Item#: http://www.eolliergov.netltde/eae/03-24-05.htm Copies to: 12/21/2005 1611 April ]4,2005 . TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 14, 2005 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at I :00 AM in REGULAR SESSION in Building "F ofthe Government Complex, East Naples, Florida, with the following ~~:bers / / _ present: Halas ~. Hennlng_~7"-_-_. Coyle ~r:------- Coletta ----lL_________ CHAIRMAN: Ron Pennington John Arceri (Excused) Murray Hendel Heidi Kulpa Tony Pires James Snediker (Absent) John Sorey III Paul Sullivan ALSO PRESENT: Maria Bernal, Tourists Tax Coordinator Gary McAlpin, Coastal Projects Mgr. Dr_ Mike Bauer, City of Naples Misc. Corres: Date: Item#: Copies to: ~ f ' ," I -I , , l~--- ,I ". ,.i f] 1, l' .....J" ""', J "'....l oJ April 14, 2005 I. The meeting was called to order by Chairman, Ron Pennington at 1:00 PM. II. Roll Call Roll call was taken and a quorum established. Dr. Mike Bauer from the City of Naples was introduced. III. Changes and Approval of Agenda Add: Under "New Business" #10. State Report Update on Critical Eroded Beaches in FL Mr. Sorey moved to approve the Agenda as amended. Second by Mr. Sullivan. Carried unanimously 6-0. IV. Public Comments: None V. Approval of CAC Minutes: 1. March 10,2005 - Regular Meeting - Mr. Pires moved to approve the minutes of March 10,2005. Second by Mr. Sorey. Carried unanimously 6-0. 2. March 10,2005 - Erosion Control Line Workshop - Page 2 - change to 673,000 cubic yards. Page 4 - misspelling "about." Mr. Sullivan moved to approve the minutes of March 10,2005 as amended. Second by Mr. Pires. Carried unanimously 6-0. 3. March 24, 2005 - Special Meeting - Hideaway Beach Renourishment Mr. Pires moved to approve the Special Meeting of March 24,2005. Second by Mr. Sullivan. Carried unanimously 6-0. It was noted on Page 4 of the Special Meeting that Ms. Kulpa and Mr. Pires voted "no" to the motion. VI. Staff Reports: 1. Revenue Report - Mr. Pennington noted two Commissioners (Commissioner Coyle & Commissioner Halas) opposed diversion offunds to Tourism marketing. Mr. McAlpin gave the different figures of the Tourist Tax Revenues noted on the summary sheets provided. He gave a breakdown showing the month of April being the highest revenue month and then tapering off. They are now projecting $ 10M as a forecast for Revenues. 2. Monthly Project Status Report - covered the various line items and working with Dr. Bauer (City of Naples). VII. New Business: 1. Election of Chairman 2 .'" ,," 'I ,I :'r\ 'i '\"....,.1 .""-'" April 14, 2005 11 . Mr. Hendel nominated Mr. Pennington for Chairman. Second by Mr. Sullivan. Being no further nominations for Chairman ML Pennington is the Chairman of CAC for one year. 2. Wiggins Pass Dredging Additional Construction Monitoring by Humiston & Moore - Staff recommends the $45,000 for the Construction Monitoring activities at Wiggins Pass. The Contractor has been delayed due to weather and equipment problems. Mr. McAlpin explained the penalty clause and their working very aggressively with the Contractor. The Committee expressed their opinion on specifications for equipment and tightening up the process for future projects. That would also include assessments on engineering and contractors. Mr. Pires moved to approve the $45,000 for the additional Construction monitoring by Humiston & Moore. Second by Ms. Kulpa. Carried unanimously 6-0. 3. County/City of Naples Beach Renourishment 2005 Survey Scope of Work & Fee Proposal- Staff recommends $88,822.30 to conduct the survey of the Naples Park Shore and Vanderbilt Beaches in NovembeL The process was explained by Mr. McAlpin. Mr. Sorey moved to approve the $88,822.30 for those items just described on the summary. Second by Ms. Knlpa. Carried unanimously 6-0. 4. County/City of Naples Beach Renourishment Construction Phase Biological Monitoring Scope of Work and Fee Proposal- Mr. McAlpin referred to page 21 of the report. It summarized the permit required by FDEP and the breakout items were covered. Mr. McAlpin suggested approving the items on a "not to exceed" basis. Several questions and discussion took place on the artificial reef, Hardbottom mitigation, quality control and costs. Mr. Sullivan moved to approve the Biological Monitoring & fee proposal "not to exceed" $857,819.80 and dropping the optional. Second by Mr. Sorey. Carried unanimously 6-0. 5. Sea Turtle Protection Plan Annual Report - Maura Krause Some statistics were given as follows: . 378 Nests - 356 false crawls . Second lowest nesting year - some lost to storms . 3,128 people actions - educated . Beach violations including lighting violations 6. Parks and Recreation Project Update - Information Purpose Only 3 ,', ", Ii ~ .:. '.,../ ... :"'~ 'April 14, 2005 Working with Parks & Rec to incorporate their projects into the 10 year plan. Will consolidate the report with all projects, 7. Consideration of Committee Candidate Recommendations: a. Two Candidates for current unincorporated area vacancy - One applicant is not valid as he lives in the City, Ms. Kulpa moved to approve the recommendation of Mr. Gerald Camiener to the BCC to fill the vacancy on the Coastal Advisory Committee. Second by Mr. Sullivan. Carried unanimously 6-0. b. Reappointment of Mr. Pires - Mr. Hendel moved to approve the recommendation to the BCC for the re-appointment of Mr. Pires to the Coastal Advisory Committee. Second by Ms. Kulpa. Carried unanimously 6-0. 8. Inlet Sub-committee Update - Mr. Sullivan . Toured Wiggins Pass, dredging & Clam Pass areas (20 people) . Workshop held later in day o Discussed lnterlocal agreements and Inlets o Will look at Lee County policy and agreements o Goals are for consistency, identifYing between local municipalities and County and using as much engineering data as possible. . Next Sub-committee meeting will be Tuesday, May 3rd - 3:00 PM 9. Summer Schedule - CAC procedures allows one month recess during the summer. Staff recommends the month of July. Mr. Sorey moved "not" to meet the month of July. Second by Mr. Hendel. Carried unanimously 6--0. 10. State Report Update on Critical Eroded Beaches in FL - Report was distributed. Mr. McAlpin pointed out several areas in the report that is significant. The Committee is to review and if they do not agree with the report they are to respond by May 6, 2005. Discussion followed on what makes the beaches critically eroded. The Committee will email their comments to Mr. McAlpin before the deadline date. BREAK - 2:37 PM RECONVENED - 2:47 PM VIII. Old Business: 1. 10 Year TDC Category "A" Funding Projections (Attached) 4 1611 April 14, 2005 . The Master Plan update was presented and included revised figures for grants. The different line items concerning projects and figures were covered and discussed. Mr. Sorey moved to recommend approval of the Master Plan to the BCe. Second by Mr. Pires. Carried unanimously 6-0. 2. FDEP Billing for March 31, 1005 - Mr. McAlpin explained the quarterly billing that reflects FDEP matching funds for work completed. 3. County/City of Naples Beach Renourishment Update - Mr. McAlpin reported they are still outstanding with the Biological opinion with USACE permit. o Should get permits in 2-3 months. o Bidding is moved up to June 1st. o Construction scheduled for November I, 2005. o The Committee will look at the bid package at the next meeting. Discussed easements - down to 20 out of 120. 4. Hideaway Beach Renourishment Update - pre-construction meeting with the contractors and other various entities was held on April 6th. o Weeks Marine is anticipating to start first week May. o Will hold meetings with AI Madsen and other interested parties for coordinating any issues and concerns. o Getting good cooperation from the Homeowners Association. o Done early June (Mr. Sorey left at 3:38 PM) 5. Marco South Beach RenourishmentlCaxambas Pass Dredging Update o Met with Taylor Engineering o Request for Information #2 being sent addressing issues along with DEP plans o Can obtain permit with the project being finished by November 2005 6. Wiggins Pass Dredging Update o 50% finished o Mouth of pass dredged on North side and middle pass to zero line o Not going to extend the timeframe for Contractor or cubic yardage 7. Doctors Pass Renourishment Update o Joint letter sent o Biological monitoring plan submitted March 22, 2005 o Contract bids - May 13 o Award Contract - June 15 5 1611 April 14, 2005 . IX. Public Comments - None X. Announcements - April 6th Mr. McAlpin made a presentation to the Pelican Bay Services Division. XI. Committee Member Discussion - clarification of Hideaway dredge finished May 31st. XII. Next Meeting DateILocation 1. May 12, 2005 -1:00 PM - BCC Board Room There being no further business for the good of the County, the meeting adjourned by order of the Chair at 3:51 PM. ******** COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 6 04-14-05 Agenda Page 1 of2 lbbJ- -> MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, APRIL 14, 2005 -1:00 P.M. W. Harmon Turner Building (Administration Building F) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order RECEIVED JAN 0 3 2006 II. RollCall III. Changes and Approval of Agenda Roard of Count" commissioners IV. Public Comments V. Approval of CAC Minutes 1. March 10, 2005 - Regular Meeting 2. March 10, 2005 - Erosion Control Line Workshop 3. March 24, 2005 - Special Meeting - Hideaway Beach Renourishment VI. Staff Reports j Fiala Halas "/ Henning ~ Coyle --_../" Coletta __.Jl_ 1. Revenue Report 2. Monthly Project Status Report VII. New Business 1. Election of Chairman 2. Wiggins Pass Dredging Additional Construction Monitoring by Humiston and Moore 3. County/City of Naples Beach Renourishment 2005 Survey Scope of Work & Fee Proposal 4. County/City of Naples Beach Renourishment Construction Phase Biological Monitoring Scope of Work and Fee Proposal 5. Sea Turtle Protection Plan Annual Report 6. Parks and Recreation Project Update - Information Purpose Only 7. Consideration of Committee Candidate Recommendations a. Two Candidates for current unincorporated area vacancy b. Reappointment of Mr. Pires 8. Inlet Subcommittee Update 9. Summer Schedule VIII. Old Business 1. 10 Year TDC Category "A" Funding Projections 2. FDEP Billing for March 31, 2005 3. County/City of Naples Beach Renourishment Update 4. Hideaway Beach Renourishment Update 5. Marco South Beach RenourishmenUCaxambas Pass Dredging Update 6. Wiggins Pass Dredging Update 7. Doctors Pass Renourishment Update IX. Public Comments X. Announcements XI. Committee Member Discussion Misc. Corres: XII. Next Meeting Date/Location Date lIem# http://www.colliergov.net/tdc/cac/04-14-05Agenda.htm Copies to:12/21/2005 04-14-05 Agenda Page 2 of2 1611 . 1. May 12, 2005 - 1:00 p.m. - BCC Board Room XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meetin9 if applicable. For more infonnation, please contact Maria Bernal at (239) 213-2966. 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 Deparbnent located at 3301 East Tamiami Trail, Napies, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes un~ss the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Cieri< to the Board at the Board Minutes and Records Department. http://www.colliergov.netltdc/cac/04-14-05Agenda.htm 12/2112005 1611 Agenda Item V.I June 9, 2006 Page 1 of7 . May 12, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, May 12, 2005 Fiala j ~__--_.-_ Halas ~---- Henning~~. ......- Coyle .......IL'r--=:_ Coletta -.------ LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri Gerald Camiener Murray Hendel Heidi Kulpa Tony Pires James Snediker (Excused) John Sorey III Paul Sullivan MISC. Corres: Date: Item#: Copies to: 16~1 " Agenda Item V.l June 9, 2006 Page 2 of 7 May 12,2005 ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Maria Bernal, Tourist Tax Coordinator Dr. Mike Bauer, City of Naples Maura Krause, Environmental Services 1. The meeting was called to order by Chairman Ron Pennington at 1:00 PM.> II. Roll Call- Mr. Snediker was excused. This was his last meeting. III. Changes & Approval of Agenda - None - Mr. Arceri moved to approve the Agenda as submitted. Second by Mr. Sorey. Carried unanimously 8-0. IV. Public Comments - None V. Approval of CAC Minutes - April 15, 2005 Mr. Hendel moved to approve the minutes of April 15, 2005. Second by Mr. Pires. Carried unanimously 8-0. VI. Staff Reports - Gary McAlpin 1. Revenue Report - (Attached) . Good month for collections . Budget $6,571,000 - collected $7,390,000 . Still on track for Budget and Category "A" funds 2. Monthly Project Status Report (Attached) . Working on closing projects and continue to work with Dr. Bauer . The TDC Emergency Fund 194 is different than the CAC's 195 fund . CAC acquires 2/3 of the Bed Tax VII. New Business 1. Change Order request for $42,300 for T-Groin & Jetty Construction- Gary McAlpin Was late in getting the Biological opinion which stated they are not allowed to store equipment on the beach. Worked with the Contractor and Fish and Wildlife. A plan was suggested to provide a backhoe that's mobile and can be stored off the beach and not delay the schedule. Discussed clarification of equipment and 2 ~ ( >J ,'.: '-' '--" Agenda Item V.I June 9, 2006 Page 3 of7 May 12,2005 problems encountered. The cost of the Change Order is $42,300 for a time and material basis. Mr. Arceri moved to approve the $42,300 Change Order request to allow the removal ofthe equipment on the Beach. Second by Mr. Sullivan. Carried unanimously 8-0. 2. Hideaway Beach Additional Sand Change Order - Gary McAlpin Explained where more sand is needed in different areas. Hideaway Beach Association has the ability to fund an additional $185,000 for additional 40,000 cubic yards of sand. The Budget needs to be revised for additional revenues of $185,000 and to allow Weeks Marines' Contract to be increased by adding the 40,000 cubic yards of sand. Mr. Sorey moved approval of the Hideaway Beach Additional Sand Change Order. Second by Mr. Arceri. Carried unanimously 8-0. 3. Review of Contract Documents and Specifications for the Major Renourishment - Scheduled November 2005 - Gary McAlpin The specifications prepared by Coastal Planning & Engineering are typical and complete. The report had been emailed to all Committee members. Called to the Committees attention: . Liquated damages and obligations - firm given 151 days after Notice to Proceed or may be assessed $1,800 per day thereafter until completion. Discussion followed on various items on the downloaded document. Need to go out for bid by June I st, pre-bid on June 7th and award on June 26th. A Special meeting may be needed. VIII. Old Business 2. County/City of Naples Beach Renourishment Update - Gary McAlpin No additional information to give - but going out for bid. Discussed the 20 year easements Mr. McAlpin can provide a list to the committee of those that have and have not signed the agreements. 3. Hideaway Beach Renourishment Update - Gary McAlpin . Completed sand survey . Relocated position of jetty . Weeks Marine on site 5/23-5/28. Will be placing sand on beach in June. . Delays due to weather and contractor not demobilizing from a past project. . Committee concerned of delays of the project by contractor and being in turtle season 3 1611 . Agenda Item V.I June 9, 2006 Page 4 of7 May 12, 2005 Maura Krause - Environmental Services - had first turtle nest on Mother's Day - also mentioned they are not happy with the delays and all the equipment on the beach etc. as they are going into peak nesting season. Members discussed further their dissatisfaction and frustration of the delays. Discussed the contract, penalty clauses and future contracts concerning scheduling. 4. Marco South Beach RenourishmentlCaxambas Pass Dredging Update- Gary McAlpin . Received RAI from DEP for clarification which is being done . Met with MI Waterways Committee for reviewing proposed location of Caxambas Pass dredge area. 5. Wiggins Pass Dredging Update - Gary McAlpin . Comments from public on depth of dredge . Have dredged 38,000 cubic yards to date . May not be as deep, but will be navigable and useable for a couple of years. 6. Doctors Pass Renourishment Update - Ron Pennington . Did Sea grass survey and no problems . Bid letters sent - Pre-bid May II . Will have special meeting to look at bids . End of July is anticipated start date BREAK - 2:32 PM RECONVENED - 2:44 PM The new member, Mr. Gerald Camiener was introduced and welcomed. Mr. Pires and Mr. Sorey were reappointed and a new applicant should be at the next meeting taking Mr. Snediker's position. 1. Inlet Subcommittee Report - Mr. Sullivan The boat trip was a success with 20 persons and a tram ride through Clam Pass followed. Gave excerpts of past meetings and some of the Committees findings and decisions: . Keep it simple and all encompassing and an overview ofInlet Management Plans . Started with Wiggins Pass and would attach a schematic . Focus had been beach renourishment - and dredging passes to accomplish that. 4 1 L ~, 1 o b~.-: rjl Agenda Item V.I June 9, 2006 Page 5 of7 May 12,2005 . Referred to Draft (Attached) - keeping the inlets navigable for commercial and recreational boating in addition to beach renourishment. . Passes filling in with sand too fine for beach use and what do they do with it. . Plan was to keep it simple, use any engineering drawings and going back in June. . In previous sub-committee meeting, Mr. Pennington was asking to look at addressing just "beach quality sand" only. This would limit the role of the sub-committee. Discussion took place with some of the following remarks: o Beach quality sand is required by the permitting agencies for grain size to match what is on that beach. o Inlets and beach renourishment o Interlocal Agreements - dredging & navigational passes Mr. Pennington mentioned there are a lot of questions - all being relevant and pertinent, but none with what the Sub-committees task was. The Sub-committee dug into many issues and exceeded far beyond his expectations. He gave a synopsis on the appointment of a sub-committee and its purpose. Also gave a history of category "A" funds and beach improvement and maintenance which included the inlet maintenance. Read part ofthe State Statutes concerning putting sand on the beaches. What they are doing has to be consistent with the policy adopted by the Board of County Commissioners. Mr. Pennington read the policy relating to the inlet and beach quality sand. When requests are made to fund certain activities in inlets and the boundaries aren't defined, not sure they can fund it out of Tourist Tax or not. He stated nothing defines the particular parameters. What can be funded by Tourist Tax money is the question. He recommended defining the other passes in the County other than Doctors Pass. After he met with the Commissioners, they agreed Mr. Pennington was to bring back the portion of each pass that would be funded by Tourist Tax monies. That's when the Sub-committee was appointed. He wants to go back to the Commissioners with recommendations of what should be fimded for each pass. Mr. Pennington discussed the different aspects of the different passes. The parameters need to be defined. (Boundaries - not specifics) Stated an Interlocal Agreement between Marco Island and the County should be done. More explanation of what should be taken back to the Commissioners was given. 5 ] r ; Agenda Item V.I June 9, 2006 Page 6 of7 May 12,2005 Comments and rebuttal: . Name of sub-committee not appropriate . Thought was not to do agreement in piecemeal . Surprised Gordon Pass not included . There is a problem with not having "specifics" . 2 Dimensional Chart - stating an area of responsibility but not what the responsibility is - was Mr. Sullivan's summary. . Felt having a plan for Gordon Pass is essential (Mr. Pires left at 3:40 PM) . Didn't want to limit recommendations to BCC . Committee could make a recommendation on a change in the inlet funding policy . Add suggested policy changes on inlets that should be taken into consideration . Changes need to go to the TDC . Present a Phase I and Phase II recommendation (with separate entities) . Coordination with County and City After additional discussion, Mr. Hendel moved the Sub-committee proceed in 2 phases. Second by Mr. Sorey. Carried unanimously 8-0. IX. Public Comments - None X. Announcements - May be a Special Meeting in June. XI. Committee Member Discussion - Mr. Arceri asked about delays on Hideaway Beach. If there are delays, Mr. McAlpin responded a Special Meeting may be called and options be given. XII. Next Meeting Date/Location 1. June 9, 2005 - 1 :00 PM - BCC Board Room ***** There being no further business for the good of the County, the meeting adjourned by order of the chair at 4:09 PM. 6 16 i '1 .. Agenda Item V.I June 9, 2006 Page 7 of7 May 12, 2005 COLLIER COUNTY COASTAL ADVISORY COMMITTEE Ron Pennington, Chairman 7 5-12-05 Regular Meeting Page I of2 1611 . MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, MAY 12, 2005 -1:00 P.M. W. HARMON TURNER BUILDING (Administrative Building F, 3rd Floor) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order II. RollCall RECEIVED J/.\N ;] 3 2006 III. Changes and Approval of Agenda IV. Public Comments Board of C~llmtv Commissioners V. Approval of CAC Minutes Fiala ;. Halas. ' Henning-- ~ Coyle -/ Coletta - " -= 1. April 15, 2005 VI. Staff Reports 1. Revenue Report 2. Monthly Project Status Report VII. New Business 1. Change Order request for $42,300 for T-Groin and Jetty Construction 2. Hideaway Beach Additional Sand Change Order 3. Review of Contract Documents and Specifications for the Major Renourishment - Scheduled November 2005 VIII. Old Business 1. Inlet Subcommittee Report 2. County/City of Naples Beach Renourishment Update 3. Hideaway Beach Renourishment Update 4. Marco South Beach RenourishmentlCaxambas Pass Dredging Update 5. Wiggins Pass Dredging Update 6. Doctors Pass Renourishment Update IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location 1. June 9, 2005 -1:00 p.m. - Bee Board Room XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. Misc. Corres: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are eOlMl;t, at no cost Item#: http://www.colliergov.net/tdc/cac/5-12-05RegularMeeting.htm CopEi~:1 /2005 5-12-05 Regular Meeting Page 2 of2 jL6~1 to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. o Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/tdc/cac/5-12-05RegularMeeting.htm 12/21/2005 1611 . June 9, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, June 9, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :09 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following J members present: Fiala V Halas ~- Henning-7-;:---- Coyle ~. .;r<:------- Coletta __~_______ CHAIRMAN: Ron Pennington John Arceri Gerald Camiener (Excused) Murray Hendel (Excused) Heidi Kulpa Ronald Minarcini Tony Pires John Sorey III Paul Sullivan ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Maria Bernal, Tourist Tax Coordinator Dr. Mike Bauer, City of Naples Heidi Ashton, Assistant County Attorney Jack Wert, Director of Tourism Maura Kraus, Environmental Services fvllse. Corres: Date: Item#: COPies to: 1611 . June 9, 2005 I. The meeting was called to order hy Chairman Ron Pennington at 1 :00 PM. II. Roll Call - A quorum was established with Mr. Hendel and Mr. Camiener being excused. The new member Ronald Minarcini was welcomed. III. Changes & Approval of Agenda - None - Mr. Sorey moved to approve the Agenda as submitted. Second by Mr. Arceri. Carried unanimously 7-0. IV. Public Comments - None V. Approval ofCAC Minutes 1. May 12, 2005 - Page 6 - change motion to 7-0. Mr. Pires had left earlier. Mr. Sullivan moved to approve the Minutes of May 12,2005 as amended. Second by Mr. Arceri. Carried unanimously 7-0. VI. Staff Reports - Gary McAlpin 1. Revenue Report - (Attached) . Report was given with finishing the year with approx. $IO.5M . Will have enough Revenue to complete projects . Tax Collections are good 2. Monthly Project Status Report - (Attached) . Changes have been made & working on closing out as many projects as possible . Working with Dr. Bauer from City of Naples VII. New Business 1. 4th Percent Tourist Tax Proposal- Jack Wert (Power point presentation given) Refining proposal and will be presenting to the Hoteliers next week. This will need a majority vote by the Board of County Commissioners. Mr. Wert commented they would have support by the BCC if the Advisory Boards concur. Support is needed by the Hotels. Brief outline of presentation is as follows: . Objectives to increase summer and shoulder business (spring and fall) by 1%. . Would like to see Tourist Tax revenues increase by 5% . Increase information inquiries to website . Increase brand and name awareness of area . Gave figures for current tourism budget "05 . Promote our destination . Proposal- Based on this year's revenue - $3.3M from each penny they now receive, 4th percent would go towards advertising, public relations, promotions and research. . Current Category "B" - will retain for Administrative costs & reimburse the emergency fund (need to replenish) . Remainder - recommend 66% back to Category "A" - Beach & Inlet Program and 34% Beach Access 2 1611 . June 9, 2005 . Gave examples of getting and not getting the 4th cent. . More opportunities for marketing, advertising and public relations . Emergency funds used only for advertising after a disaster . Allocation breakdown shown for '06 FY Budget . Revenue projections given . Benefits o Sufficient & dedicated to Advertising and Promotions o Emergency Fund o Additional funds for Beaches and Inlets o Additional business for Hotels o Additional marketing opportunities o Can afford the International Market for advertising and promotions o Sports Event Promotions . Time frame - go to BCC July 26, 2005 and implement in October 2005 A lengthy discussion from the Committee members was held with opinions expressed. Many expressed their support as it will add more revenues for beaches and felt it would be very beneficial for the Category "A" funds. Mr. Arceri moved to recommend and support the 4th cent as submitted by Mr. Wert. Second by Mr. Sullivan. Carried 6 "yes" -1 "no." Mr. Pires voted "no". VIII. Old Business 1. Inlet Subcommittee Report - (June 2nd meeting) - Paul Sullivan An updated draft of "Inlet Policy & Funding Guidelines for Tourist Development Taxes" was distributed (Attached) Mr. Sullivan covered the draft and discussed the six passes. He would like to go forward and present it to the BCC. A power point presentation was suggested. The next step is to go through the Inter-Local Agreements and would like to conclude at the end of summer. Mr. McAlpin wishes to present the draft to the rest of the community and the different stakeholders with the objective of getting an understanding of the funding responsibilities. A visual will be in the presentation. The draft will be tweaked as they go along. Discussion followed on the draft and Committee member's comments. Discussed technical input, inter-local agreements, impact on Tourism and beach quality and non-beach quality sand. Consensus of the Committee was to have Gary proceed with presentations with stakeholders and local government for their input. 3 1611 . June 9, 2005 SPEAKERS Kyle Lukasz - Pelican Bay Services - thanked the sub-committee for the language on the restoration management permit - but has a concern on the dredging of the ebb shoal and the impacts it may have on the adjacent beaches in front of Pelican and Clam Pass Park. Invited Ken Humiston to present technical information on behalf of Pelican Bay. Ken Humiston - Humiston & Moore Engineers - pleased with committee looking at the inlets in the County. There is a lot of information that can be used. The inlets are all different in many ways and different management practices and policies that should be applied for each inlet. Discussed Clam Pass specifically. It is the smallest inlet in the County and dredged like Wiggins Pass but not for navigational purposes. Clam Pass is dredged to improve tidal flushing in Clam Bay. Dredging doesn't go across the ebb shoal and has a very shallow draft. He would not recommend extensive dredging of the shoal because natural inlets form to a size that is a function of the size of the inlet. Will form a platform bypassing the inlet. He mentioned situations change from time to time and as long as the shoal is left in its natural state, it will provide a platform where sand can bypass the inlet from one side to the other. Recommended to continue managing the inlet the way it has been. Mr. Pennington mentioned they had Inlet Management Plans for the inlets and asked if updates should be done and then approved officially, by the County Commissioners. David Roellig - speaking on behalf of himself and is a member of the Estuary Conservation Assn. - there is a disagreement on what to do with the sand. Clam Pass had been dredged previously and he is opposed to dredging in the area again. (Referred to map) Talked about the inlet policy the committee is working on. Committee would be involved in monitoring and studies every year on every pass. He commented on Wiggins Pass that the Estuary Conservation Board does not have the funding to provide or enter into an agreement any time soon. Also mentioned them starting an MSTU. The County has the responsibility to get a better understanding of what is happening in Wiggins Pass. Mr. Sullivan gave summary: . Sub-Committee will continue to work with interested parties for their input and opinions. (Phase I) . Will not be a formal agreement . Draft will need fine tuning . Will bring back to Committee for their August or September meeting . Then submit to the BCC . Also solicit input for Phase II Mr. Pennington stated the package they have now is adequate. 2. County/City of Naples Beach Renourishment Update - Gary McAlpin . Going out for bids on three qualified contractors - due July 1 st 4 1t:,~4 Jl., ': ~ ~1... June 9, 2005 Q . In process of writing biological opinion and have reviewed by July 1st . No update on the easements, but Dr. Bauer stated they are under 10 out 124 for the City of Naples. 3. Discussion of Dredging Methods - Gary McAlpin a. Details of Construction Qualification Requirements - (attached) b. Cutterhead vs. Hopper Dredge - hopper dredge is recommended, accepted in the industry practices and approved for use. Showed both on the visualizer. Wouldn't have a problem with either method. c. US Army Corps of Engineers-Biological Report-Atlantic Coast, NJ Final report attached. 4. Hideaway Beach Renourishment Update - Gary McAlpin . Start dredging today or tomorrow . Has had weather issues . Equipment is on site . Will finish in 26 calendar days when work is started and were given 4 additional days. Mr. Pires distributed (attached) Article V Sea Turtle Protection, Section 54-147. code for City of Marco Island. He read sections and asked if they are following the Code. Mr. McAlpin responded he involved many of the City Officials of Marco Island in the process and the City recommended they proceed. The County did obtain a vegetation permit. Gary stated they will also get a variance if needed. - T-Groin #1 & #2 is complete - Sheet piling is in and the rock is on the channel side of the jetty Maura Kraus - Environmental Services - update every Monday on sea turtle info - 84 nests and III false crawls. I nest and I false crawl on Hideaway with the nest located where the renourishment is going to start, but is far enough back. The Contractors are building a dike in front of it and have it marked off. She has been working with the Hotels and Contractors. 5. Marco South Beach RenourishmentlCaxambas Pass Dredging Update- Gary McAlpin . Completed sea grass survey . Responded for RFI . Will solicit proposals for bid specs etc. . Biological Opinion will be submitted to F&WL . Start January and finish beginning of turtle season 6. Wiggins Pass Dredging Update - Gary McAlpin . Is finished . Dredged approx. 49,000 cubic yards 5 ,., ("1 , \: , June 9, 2005 . Handout distributed - graphs showing inlet cross sections . Discussed the different stations . Natural channel has conformed back to original profile within a months time . Will remark channel - depth of 7 feet is adequate for boat traffic . Speculation on the added fill . Is complete and project is closed . Contractor worked for 5 months with undersized equipment but worked with the County David Roellig mentioned to do another survey as once a year is not adequate. 7. Doctors Pass Renourishment Update - (City of Naples project) - Ron Pennington - 3 bids received - will make recommendation to City of Naples to award bid to Lake Michigan Contractors. IX. Public Comments - none X. Announcements - none XI. Committee Member Discussion - Mr. Arceri commented on building the new pathway on Tigertail and not putting in the tram. XII. Next Meeting Date/Location 1. August 11,2005 - 1 :00 PM - BCC Board Room There being no further business fir the good ofthe County, the meeting adjourned by order of the Chair at 4:24 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Ron Pennington, Chairman 6 __ 6-9-05 Regular Meeting Page 1 of2 1611 . MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, JUNE 9, 2005 -1:00 P.M. W. HARMON TURNER BUILDING (Administrative Building F, 3rd Floor) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order II. Roll Call III. Changes and Approval of Agenda IV. Public Comments V. Approval of CAC Minutes 1. May 12,2005 VI. Staff Reports 1. Revenue Report 2. Monthly Project Status Report VII. New Business 1. 4th Percent Tourist Tax Proposal VIII. Old Business 1. Inlet Subcommittee Report 2. County/City of Naples Beach Renourishment Update 3. Discussion of Dredging Methods a. Details of Construction Qualification Requirements b. Cutterhead vs. Hopper Dredge c. US Army Corps of Engineers - Biological Report - Atlantic Coast, NJ 4. Hideaway Beach Renourishment Update 5. Marco South Beach RenourishmenVCaxambas Pass Dredging Update 6. Wiggins Pass Dredging Update 7. Doctors Pass Renourishment Update IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting DatelLocation 1. August 11, 2005 - 1 :00 p.m. - BCC Board Room XIII. Adjournment RECENEO J/\N 0 3 2006 Board of County CommiSSionerS Fiala ,! / Halas.. 'i/ ~ Hennlng_,.. ~ Coyle /' Coletta ,/ All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. http://www.colliergov.net/tdc/cac/6-9-05RegularMeeting.htm Misc. Corres: Date Item #: ,.. ,J2/21/2005 ~. ..-., ,- 6-9-05 Regular Meeting <'1 11 ~l'" t d Page 2 of2 ,,!;~, o If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.netltdc/cac/6-9-05RegularMeeting.htm 12/21/2005 AluPll~2l . TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, August 11,2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following / Fiala members present: Halas ::-~; .:.= Henning~_.__.. g~~~a _.Z.::-~: CHAIRMAN: Ron Pennington John Arcer Gerald Camiener Murray Hendel Heidi Kulpa Ronald Minarcini Tony Pires John Sorey (Excused) Paul Sullivan ALSO PRESENT: Gary McAlpin - Coastal Projects Mgr. Maria Bernal-Tourist Tax Coordinator Dr. Mike Bauer - City of Naples Heidi Ashton - Assistant County Attorney Maura Krause - Environmental Services MISC. Corres: Date: I Item#: Copies to: \'" , 1:". '. V ~ l, ugust 11:2005 '"' I. The meeting was called to order by Chairman Ron Pennington at 1:00 PM. II. Roll Call- A quorum was established with Mr. Sorey being excused. III. Changes & Approval of Agenda -Add: Under "New Business" (10) - Review of Hideaway Homeowner's Assn. Mr. Arceri moved to approve the Agenda as amended. Second by Mr. Sullivan. Carried unanimously 7-0. IV. Public Comments - None V. Approval of CAC Minutes 1. June 9, 2005 -Mr. Sullivan moved to approve the Minutes of June 9, 2005. Second by Mr. Arceri. Carried unanimously 7-0. VI. Staff Reports - Gary McAlpin 1. Revenue Report - Revenues continue to rise - July 12% above June 2. Monthly Project Status Report - will close out approx. II projects and returning $750,000 to Fund #195. (Mr. Pires arrived at 1 :07 PM) VII. New Business 1. Election of Vice Chairman - Mr. Arceri has been reappointed, Mr. Arce,; was nominated and approved 8-0 for Vice Chairnuln. 2. City of Naples Category "A" Grant Application Amendment for Doctors Pass Dredging - Gary McAlpin Bids are in and a request to fund an additional portion of the approved grant is $125,000 for the dredging of Doctors Pass. Mr. Arceri moved to approve the $125,000 increase. Second by Mr. Pires. Carried unanimously 8-0. 3. Proposed Changes to the 10-year Category "A" Funding Projections The Executive Summary on significant update changes was listed. The Committee covered and discussed each of the 11 changes. (Attached) The Funding Source is there for the next 10 years. There was a lengthy discussion on the Catastrophic and Major Renourishment Reserves. It was decided to discuss the Policy later in the meeting before approval of the changes. This will then go to the TDC and then the BCC. 4. Approval of City/County Renourishment Plan & Great Lakes Dredging & Dock (GLDD) Contract: Gary McAlpin a. Project Costs b. Fill Distribution Proposal 2 ,'.) '" , \, I .lL,V ' AUgust 11', 2005 c. Bid Schedule d. Contract Discussed all the above issues - numbers will change for pre-construction survey. Mr. Pennington discussed the recommendation for the need of a Coastal Systems Manager to be in charge of all the inlets etc, He recommended Mr. McAlpin for the position to the TDC, which was approved. It will be forwarded to County Staff and Human Resources. His salary is funded out of Tourist Tax dollars at this time. Mr. Arceri moved to recommend the approval of the Great Lakes Dredging & Dock Contractfor the County Beach renourishment project andforward onto the BCe. Second by Heidi Kulpa. Carried unanimously 8-0. BREAK - 2:07 PM RECONVENED - 2:18 PM 5. Renourishment of Clam Pass Park Beach - Gary McAlpin . Decided not to renourish Clam Pass Park at this time. . Need plan to renourish within 2 years. . Need study from neutral party for reviewing existing data over last 5 years and will discuss with the State best way to renourish the park. SPEAKERS Dr. David Buser - Seagate Community - community of Seagate supports the independent engineering study for the pass, They also support the Florida Statute 161.142. After reviewing case law his opinion was - any individual making a claim that the pass is non-navigable is incorrect. He asked whose decision is it to decide if it is navigable. There are Federal and State Standards that are clearly defined. He mentioned rights and waterways being navigable. Seagate canals were shown on a map he displayed. He discussed the shoals and beach passes. He read and explained case law of Inter & Intra-state. More case law was referred to and read concerning recreational and public use. He is trying get rid of the idea it is a non-navigable waterway and therefore the Coastal Commission can not apply the statute to it. He mentioned he has numerous correspondences from the DEP, a County Ordinance recognizing navigation and from County and City officials that it is a navigable waterway in the State of Florida, Seagate residents are looking for a Government entity to do the study, Martha Dykman - Seagate Community - many letters in her handout. Pelican Bay Taxing District has controlled the dredging of Clam Pass and has not listened to their community or is a part of it. They are affected by the system - not good flushing. Clam Pass Beach has dwindled. She advises to do the study and feels they have been discriminated against Mr. Arceri moved to approve the $35,000 study. Second by Heidi Kulpa. 3 16i1 August 11, 2005 . Mr. Pires wanted to make sure the study will utilize the existing data with all the submittals made as part of Clam Pass Restoration & Management Plan as well as the permit that was issued. Mr. McAlpin responded that all the available data will be used, Carried unanimously 8-0. 6. Tigertail Beach Boardwalk Category "A" Grant Application Amendment - Gary McAlpin This isfor information only. Just making the Committee aware the item has been approved from Parks & Rec and part of the $200K set aside funding. Proper signage is needed and adding a map would be useful. Reinstating the Park Ranger was discussed and advised. 7. Florida Department of Environmental Protection (FDEP Funding Update & Contract Approval- Gary McAlpin This is for information only. Collier County has petitioned FDEP for additional funding. They are currently evaluating the request. A resolution is expected in approx. 2 weeks and will then be presented to the BCC for approval at their September 13th meeting. 8. Federal Emergency Management Agency (FEMA) Funding Update & Plan to Petition for Contract Review - Gary McAlpin This is for information only. FEMA is reviewing the funding grant from Tropical Storm Gabrielle. Collier County is petitioning FDCNFEMA to fund $112,052 for Naples, Park Shore & Vanderbilt Beaches. 9. Humiston & Moore Work Order HM-FT-OS-06 for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings & Final Certification - Gary McAlpin Monitoring is required by DEP permit. This Contract is for the post- construction sea grass survey for Hideaway Beach, initial post construction monitoring survey, record drawings and final Certification Project 90502. Timing is important. Mr. Pires moved to recommend approvaL Second by Mr. Sullivan. Carried unanimously 8-0. 10. Review of Hideaway Homeowners Assn (Beach Renourishment Costs) - Gary McAlpin Mr. McAlpin needs input and direction from the Board on the ancillary costs of the project. The various items were discussed per the attachment. They discussed what items Hideaway will pay for. It was a consensus of the Committee to support Gary's recommendation but to get more detail on afew items and look at the Agreement again. This will be brought back on the Agenda. VIII. Old Business 4 t:~ 0' H C;.J .._', ,.., August 11,2005 1. Inlet Subcommittee Report - Chairman Paul Sullivan This is for iriformation only. Mr. Sullivan gave a synopsis of the Committee thus far and the sharing of information into the 3 different areas of the Sub-Committee members (City of Naples, Unincorporated and Marco Island) On July 26, Gary and he met with many of the Marco Island City officials, Department heads and many Organizations. Plans were reviewed with a purpose and direction. They agreed to make some extensions to the Caxambas and Capri Pass proposals. Marco Island requested a pump-out station at the Caxambas Park but realize it is a Parks & Rec issue. He indicated to everyone they would not proceed with an Interlocal Agreement until it was all approved by the County Commissioners, It was a very successful meeting and stated he would keep them informed. Mr. Pennington accepted the recommendation of the Sub-Committee' report. He and Mr. McAlpin met with County Manager Mudd and Assistant County Manager Ochs. They reviewed the proposed changes with one exception on the Inlets. In general they were in agreement, but not for funding non-compatible material with Tourist Tax money. Mr. Pennington mentioned they will not go into a 2nd Phase but make other decisions as a full Coastal Advisory Committee. He thanked the Sub-Committee for their excellent job. Mr. Arceri asked about the removal of Big Marco/Capri Pass in the plan. The issue over beach compatible sand for inlets should be a subject for CAC. He stated the County Manager may not be in agreement and it doesn't have go to the BCC, but that is no reason the Committee cannot discuss it among themselves. Mr. Sullivan mentioned the meeting with the County Manager is when it was decided to drop Capri Pass. CAC needs to do the right thing as Capri Pass is significant. Mr. Sullivan moved they accept the Sub-Committee report and submit to the County Commission. Second by Mr. Pires. Mr. Pires called/or the question. Mr. Pennington referred to Item (3) on the Agenda - and read Item 6 of the TDC Category "A" Funding Policy. The Inlet Management Plan for Big Marco and Capri Pass does not recommend bypassing as stated in the Funding Policy. A prime concern is the erosion of the beaches; and the shoals being used for re-nourishing of the beaches on Marco Island which has been done in the past. States the by-passing and sand will be placed on an eligible beach, It does not meet the funding criteria, therefore not eligible for the Tourist Tax funding, so not part of the presentation. 5 'I 1:1 I.. "".", August 11, 2005 .ii .. ... " Mr. Sullivan discussed the issue further and stated they should leave it in and let the County Manager take it out when it goes to the BCC. Mr. Sullivan calledfor the question. Motion to terminate debate - Carried 7 yes -1 no (Mr. Pennington voted No) The Committee will now vote on the previous motion made by Mr. Sullivan on accepting the Sub-Committee report. More discussion took place... .. .. .. committee discussing the inlets, change in policy, looking at the whole picture and the health of the Coastal area and focusing on Capri Pass. In summary there was some confusion - Mr. Pennington would like the Committee to accept the Sub-Committee report and then decide what he is to present to the BCC. The motion failed with a tie vote of 4 yes - 4 no (those voting "no" were Mr. Arceri, Mr. Pennington, Mr. Hendel & Ms. Kulpa Mr. Arceri moved to accept the Committees (Sub-Committee) report as written. Second by Mr. HendeL Carried unanimously 8-0. 2. Proposed Tourist Development Tax Funding ofInlets - Mr. Pennington Mr. Pennington read the Inlet policy and Funding Guidelines for Tourist Development Taxes Management Plan. Each Inlet/Pass was also read and explained. . Big Marco was removed from the presentation from the County Managers direction . The Policy was established by the BCC . More discussion on the number of passes the Sub-Committee was to report on was confusing with some frustration. Mr. Arceri mentioned Big Marco mayor may not meet the existing policy. . Mr. Sullivan stated there may be some confusion on the 2 passes Big Marco and Capri Pass. Mr. Arceri moved to recommend the BCC be presented with the report of the Sub-Committee showing 6 Inlets - one Inlet Capri Pass (not sure it meets the present criteria) but the Committee will review the Policy and come back to the BCC at a later date. Second by Mr. HendeL Discussion followed. Mr. Hendel withdrew his second while Mr. Arceri amended his motion to read: 6 16 I ", 0 ! " August II, 2005 Mr. Arceri moved to recommend the BCC be given the report of the Sub- Committee (showing 6 Inlets for funding) and CAC agrees to review the Inlet Policy as to issues with Big Marco Pass as well as the beach compatibility issue. (The 2 above motions and second were withdrawn) Mr. Arceri moved to present to the BCC the report of the Inlet Sub- Committee. Second by Mr. Hendel. Carried unanimously 8-0. Mr. Arceri moved CAC will take up the issue of beach compatibility and the specifics of Capri Pass. Second by Mr. HendeL Carried unanimously 8-0. SPEAKERS Mr. Kyle Lukasz - Pelican Bay Services - the Board has concerns on the dredging of the ebb shoal and the policy. They are requesting the Board to hold off on approving the study for funding. Mr. John Domenie - Pelican Bay Resident - he was disappointed the people from Seagate left as he wanted to inform them Mr. Dave Roellig is no longer Chairman of the Sub-committee of Clam Pass - Jim Burke is the new Chairman. He discussed the problems he has encountered in Doctors Pass. He asked what the intent was to make Clam Pass navigable. Gave several examples of certain facts in the area concerning boating, navigability, recreational and environmental issues. 3. Proposed Amendment to Tourist Development Tax Category" A" Funding Policy - Mr. Pennington . Covered the Proposed funding Policy and made necessary changes . Discussed the Catastrophic Reserves and Budget . Will modify the 10-year plan and consult with the financial Dept. if any problems or issues. . Mr. McAlpin will come back with options in the Budget and continue with more discussion at the next meeting with the proposed changes. Mr. Arceri moved to reinsert the Catastrophic Reserves as indicated in the current policy. Second by Mr. Camiener. Carried 7 yes - I no. (Mr. Pennington voted "no") 4. County/City of Naples Beach Renourishment Update - Ron Pennington This is for iriformation only. 7 (~~ /' :' . Jl,. to". . '. ,-'--'.:, ' ..; ,....." August 11, 2005 (; . Divers have been swimming and marking the start points and photographing the areas. . They examined the hard bottom areas which were significant . Biological Opinion is expected soon . Erosion Control Line Resolution will go to the BCC in September 5. Hideaway Beach Renourishment Update - Gary McAlpin This is for information only. . Finished the sand renourishment on July 28 - 32 days late - a penalty will be imposed. Maura Krause - Environmental Services - gave an update on the turtle nesting . Hideaway Beach had I nest and 1 false crawl . I nest hatched with 81 eggs and 76 hatcWings . No turtles came on the beach during beach renourishment . Down 200 nests in the County . She is hoping they will do better next year and this is the last time they do beach renourishment during turtle season. 6. Marco South Beach RenourishmentlCaxambas Pass Dredging Update - Gary McAlpin This is for information only. . Can't get DEP permit until the draft of the Biological Opinion is completed. 7. Doctors Pass Dredging Update - Ron Pennington This is for iriformation only. . Pre-construction conference held August 10th, . Start work next month IX. Public Comments - None X. Announcements - None XI. Committee Member Discussion XII. Next Meeting Date/Location - September 8, 2005 - 1 :00 PM at Naples City Hall, Council Chambers. The State will be at the September meeting. 8 ';.. ':."', ,._J August II, 2005 **It was noted the October meeting will also be held at Naples City Hall, Council Chambers. There being no further business for the good of the County, the meeting adjourned by order of the Chair at 5:39 PM. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Mr. Ron Pennington, Chairman 9 8-11-05 Regular Meeting Page I of2 1. i. ,.,~ n I ~ - ..1. . MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, AUGUST ii, 2005 -1:00 P.M. W. HARMON TURNER BUILDING (Administrative Building F, 3rd Floor) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order II. RollCall III. Changes and Approval of Agenda IV. Public Comments v. Approval of CAC Minutes 1. June 9, 2005 VI. Staff Reports 1. Revenue Report 2. Monthly Project Status Report VII. New Business RECEIVED JAN 0 3 2006 Boord of County Commissioners Fiala Halas Henning Coyle Coletta _ ,/ .,/ ~ v' 1, Election of Vice-Chairman 2. City of Naples Category "A" Grant Application Amendment for Doctors Pass Dredging 3. Proposed Changes to the 10-Year Category "A" Funding Projections 4. Approval of City/County Renourishment Plan and Great Lakes Dredging and Dock (GLDD) Contract a. Project Costs b Fill Distribution Proposal c. Bid Schedule d, Contract 5. Renourishment of Clam Pass Park Beach 6. Tigertail Beach Boardwalk Category "A" Grant Application Amendment 7. Florida Department of Environmental Protection (FDEP) Funding Update and Contract Approval 8. Federal Emergency Management Agency (FEMA) Funding Update and Plan to Petition for Contract Review 9. Humiston & Moore Work Order HM-FT-05-06 for Hideaway Beach Post Construction Surveys, Initial Post Construction Monitoring Survey, Record Drawings and Final Certification VIII. Old Business 1. Inlet Subcommittee Report 2. Proposed Tourist Development Tax Funding of Inlets 3. Proposed Amendment to Tourist Development Tax Category "A" Funding Policy 4. County/City of Naples Beach Renourishment Update 5. Hideaway Beach Renourishment Update 6. Marco South Beach RenourishmentlCaxambas Pass Dredging Update 7. Doctors Pass Dredging Update IX. Public Comments X. Announcements XI. Committee Member Discussion Misc. Corres: XII. Next Meeting Date/Location Date: Item#: http://www.colliergov.net/tdc/cac/8-1l-05RegularMeeting.htm Copies to 12/2112005 8-11-05 Regular Meeting "1 ;1 .l. -:,Pa~e 2 of2 {:,.. . ~~ j ~~., o 1. September 8, 2005 - 1 :00 p.m. - Naples City Hall, Council Chambers XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bemal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.netltdc/cac/8-11-05RegularMeeting.htm 12/21/2005 1611 . Agenda Item V-3 September 8, 2005 1 of 4 October 13, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) WORKSHOP Naples, Florida, September 8, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East ~.' . . Naples, Florida, with the following members present: Fiala .' / Halas . / Henning ~ Coyle - Coletta L CHAIRMAN: Ron Pennington John Arceri (Excused) Gerald Camiener Murray Hendel (Excused) Heidi Kulpa Ronald Minarcini (Excused) Tony Pires John Sorey, III Paul Sullivan ALSO PRESENT: Gary McAlpin - Coastal Projects Manager Gail Hambright - Administrative Assistant Robert Brantley, Coastal Engineering Administrator Lanie Edwards - Permit Processor for Southwest Florida Becky Roland - Beach Manager Mise Corres: Date: Item#: Copies to: "i1 ? Agenda Item V-3 sep~m~~ 8~ 2dJ5 2of4 October 13, 2005 I. The meeting was called to order by Chairman Ron Pennington at 9:00 a.m. ., II. Roll Call- A quorum was established with Mr. Minarcini, Mr. Arceri and Mr. Hendel being excused. III. Changes and Approval of Agenda - There were no changes to the agenda. No motion taken. IV. Introduction of Guests - Chairman Pennington introduced Robert Brantley, Coastal Engineering Administrator; Lanie Edwards - Permit Processor for Southwest Florida; Becky Roland - Beach Manager, V. Agenda/Times I. 9:00 a.m. to 10:00 a.m. - Wiggins Pass Discussion Gary McAlpin - Wiggins Pass is not working for the County at this time and a solution is being sought. Problems include erosion, boater safety and the need to dredge the pass every other year. Ken Humiston - reviewed shoreline past and present. Discussed inlet management plan recommendation, costs of dredging over past years are constant, and potential cost savings. Erosion of Barefoot Beach was discussed. Causes of erosion were reviewed, deepening of cut adds to erosion. Inlet dynamics will improve. John Finley, Estuary Conservation Commission, gave presentation regarding erosion at Wiggins Pass. Heaviest erosion occurred in 2005. Erosion is causing serious safety risk to boaters. Coast Guard is impeded during rescue operations because water is too shallow. Public Speakers: David Roellig, Board, Estuary Conservation, expressed concern regarding the amount of material designated for Wiggins Pass, would like to see a study done of sand at Wiggins Pass. Suggested study should be done on impact to adjacent shores before permit is issued for dredging. Joe Moreland, President of Estuary Conservation Association and a boater. Suggested baseline study regarding dredging at Wiggins Pass. Boats are being damaged because of shoaling. ECA has dedicated a boat and hired a graduate student to study conditions at Wiggins Pass. Open Discussion: Points covered included using permanent structures to remedy problem. Permanent structures would add one more complicating feature. More information is needed as it is not known what the controlling influences are at Wiggins Pass Inlet. Florida statutes require that using permanent structures are last resort. Tools are available to determine problems, water 2 1611 . Agenda Item V-3 September 8, 2005 30f4 October 13, 2005 flows and changes. Numerical model of hydraulics of inlet would be helpful. A permanent solution is desirable but probably not possible. Dredging has not been very effective and causes adverse effects on the shoreline. The solution in 2006 probably will not be effective in 2009. Possibility offunding from the State was discussed since Collier County leases the park from the State. Would have to submit funding request, Wiggins Pass may not be eligible since it is not designated as critically eroded. Only boats with three-foot drafts should be using waterway. Unsure what compliance really is, Restricting use to boats with three-foot drafts was considered. Both Wiggins Pass and Gordons Pass are mouths of rivers, changes dynamics. Scoping process needs preliminary work by consultant with list of actions possible to use. Could provide potential impacts and benefits, A scoping meeting was recommended. BREAK - 10:00 a.m. RECONVENED - 10:10 a.m. 2. 10: I 0 a.m, - II :00 a.m. - Clam Pass Discussion Gary McAlpin - Introduced Steve Keene, who will address monitoring information for the past five years and Ken Humiston, who will give overview of Clam Pass. Ken Hnmiston of Humiston & Moore, gave overview of Clam Pass, conditions pre-dredging, conditions after dredging. . 1999 comprehensive restoration plan was implemented Steve Keene, Coastal Engineering Management, stated monitoring program data was examined from beach point of view. Area most affected is 3,000 to 4,000 feet from inlet. Inlet impacts presentation covered the following points: . Changes since start of Inlet Management plan . Shoreline position vs. 1998 at C.P . Odd-Even Analysis CP (FY/YR) . Profile R-41 north and adjacent to CP evolution 1997-2004 . Odd-Even Analysis CP (CY) . Graphic of Monitoring Program for Inlet . Theoretical Ebb Shoal Growth . Nourishment Volume . Alterations . Conclusions: Significant impact started with 1998 improvement Natural bypassing not yet kicked in. Mechanical bypass, 1998 not enough. Open Discussion: Points covered included no analysis has been done as to when bypass would kick in. Permitting was discussed. Concern for public beaches was 3 ""!" t') , , ....~ i1 ~~ 0 Agenda Item V-3 September 8, 2005 4of4 October 13, 2005 expressed. It is understood that ongoing maintenance will be necessary. Discussed whether erosion would continue after equilibrium is reached, Coastal processes are episodic and certain storm events will move material around ebb shoal. Concern is if ebb shoal is dug out, will it repeat. Change in management plan would require permit. Present permit is defined for outermost cut, if it desired to expand it would require permit, otherwise, not. Public Speakers: David RoelIig, suggested examining nourishment to the park over the last ten years. Martha Dykman, resident, Clam Bay system, stated hotels are paying tourist tax and there is no beach. Damage has occurred to the surrounding environment because beach goers have no beach to use and have trampled surrounding vegetation. Dr. David Buser, suggested that data to be used for analysis should be provided by an unbiased group; engineering firm used now is paid by Pelican Bay. Suggested building a bridge across the system to create alternative site on the other side. Mac Hatcher, Collier County Environmental Services, spoke regarding actions that involve Clam Bay Estuary System, is deeded to County by ACE and limits dredging. Tidal connection to the Gulf needs to be maintained. 3. 11 :00 a.m. - Collier County Beach/Inlet Maintenance Ten Year Plan Mr. McAlphin - Gave presentation on TDC Category A Projections. Discussed projections for maintenance and costs for next ten years. Public Speaker - re Wiggins Pass Dick Lydon, spoke regarding Pelican Bay causing problem by building a culvert, believes what we do now may not be good for the future and believes a study should be done regarding Wiggins Pass. There being no further business for the good the County, the meeting adjourned by order ofthe Chair at 11:25 a.m. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Ron Pennington, Chairman 4 "-'. f' I' I. !! I ' " " 11 , ~ Agenda Item V-2 September 8, 2005 1of4 October 13, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, September 8, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at I :00 p.m., in REGULAR SESSION in City Council Chambers, Naples City Hall, 735 Eighth Street, South, Naples, Florida, with the following members present: j Fiala / Halas. ~/. _ Henning____..______ Coyle _~.._ Coletta .._ ____.______ CHAIRMAN: Ron Pennington John Arceri Gerald Camiener Murray Hendel Heidi Kulpa Ronald Minarcini (Excused) Tony Pires John Sorey, III Paul Sullivan ALSO PRESENT: Gary McAlpin - Coastal Projects Manager Gail Hambright - Administrative Assistant Robert Brantley, Coastal Engineering Administrator Lanie Edwards - Permit Processor for Southwest Florida Becky Roland - Beach Manager Misc. Corres: Date: Item#: Copies to: 1611 . Agenda Item V-2 September 8, 2005 20f4 October 13, 2005 I. The meeting was called to order by Chairman Ron Pennington at 1:00 p.m. II. Roll Call - A quorum was established with Mr. Minarcini being excused. III. Changes and Approval of Agenda - No changes. Mr. Arceri moved to approve the Agenda. Second by Mr. Sorey. Carried unanimously 7-0. IV. Public Comments -None. V. Approval of CAC Minutes 1. August 11, 2005-Mr. Hendel moved to approve the minutes of August 11, 2005. Second by Mr. Camiener. Carried unanimously 7-0. VI. Staff Reports 1. Revenue Report - Gary McAlpin - Revenue was good in August: $540,000, collected over budget. . Forecast for year are $10.5 million. Revenue projections are holding firm. . Will work to streamline document. . Breakdown of where funds come from has been included. 2. Status Report - Gary McAlpin a. Project Summary - Closed out 16 projects and returned $1.2 million to reserves. Will be reflected in Ten Year Plan. VII. New Business 1. Discussion and Conclusions of Meeting with FDEP Representatives Gary McAlpin - Gave briefing on workshop meeting this morning of CAC and FDEP representatives. . Wiggins Pass: Boating safety issues are of concern; erosion on north side of pass; schedule of dredging every other year is expensive; sought State's point of view as to a permanent solution. . Clam Pass: Clam Pass County Park has eroded significantly; ebb tide shoal for Clam Pass Inlet has grown; discussed solutions from both a technical point of view and a permitting point of view. . Ten Year Plan and projects we plan to do from County point of view. Bob Brantly - Gave further briefing on points covered at workshop. . Wiggins Pass alternatives that need to be considered were looked at. 2 1 if JI.. t.,,, r", '~"."" <l - l Agenda Item V-2 30f4 October 13, 2005 September 8, 2005 . Discussed fact that structural solutions have high threshold to get passed. It was suggested that numerical models could be used to determine coastal hydraulics, Clam Pass: need to address beach erosion was discussed as well as preservation of Mangroves. Discussed issue Clam Pass is already tremendously manipulated system. Clam Pass is stable and is providing good flushing of Mangrove areas. Ten Year Plan, contingency line is good, foresight exhibited. . . . . . Councilman Pires arrived at 1:15 p.m. Open Discussion: Points covered included the following: . Makeup and function ofCAC. . Littoral direction change. . Erosion on south side. . Accretion on north beach needs to be determined, numbers are only an estimate. . 3-D map of Clam Pass and sediment budget will give better view, . A "what-if' model could be helpful, put on agenda. 2. FDEP Funding Update Becky Roland discussed FDEP funding. . September 16 is submittal date for annual funding request. . Maximum amount is 50%. . Can be increased by increasing public access and number of metered parking spaces. . Cost share only on designated sections. . Must be deemed critically eroded and then only 50% funding from State. VIII. Old Business 1. Proposed amendment to Tourist Development Tax Category "A" Funding Policy A. Discussion regarding proposed amendment to Tourist Development Tax Category "A" Funding Policy, document attached. Mr. Arceri moved to continue the matter until the next meeting. Second by Mr. Pires. Motion failed 4-4. Public Speakers: 3 !v"~ Agenda Item V-2 September 8, 2005 40f4 October 13, 2005 Doug Fee, Wiggins Pass resident, spoke regarding his concern over the wording of the amendment, suggested if the word "no" was changed to "some", that would solve the problem. Mr. Sorey moved to approve the policy as presented. Second by Mr. Camiener. Motion carried 6-2 with Mr. Pires and Mr. Arceri voting no. 2. Hideaway Beach Cost Apportionment . Mr. McAlpin gave a review ofrenourishment costs for Hideaway Beach. . Costs have been presented to Hideaway Beach Homeowners Association . Manra Krause, Environmental Services, stated there have been no turtles because of beach renourishment project ongoing. 3. City/County Beach Renourishment BCC Funding Packet . Packet is going for approval. Packet is attached. 4. City/County Beach Renourishment Permit Update - Packet Attached . Mr. McAlpin stated all outstanding easements are complete, discussed similarities between Collier County job and Sanibel situation, mobilization can occur at the time the contract is signed. X. Public Comments: . None. XI. Committee Member Discussion . August II, 2005 minutes were requested. . Permits are in for Doctors Pass XIII. Next Meeting DatelLocation . Oct.] 3, 2005, at ] :00 p.m. at Naples City Hall, Council Chambers. There being no further business for the good of the County, the meeting adjourned by order of the Chair at 3:36 p.m COLLIER COUNTY COASTAL ADVISORY COMMITTEE Ron Pennington, Chairman 4 9-8-05 Regular Meeting Page I of2 16\1 . MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, SEPTEMBER 8,2005 -1:00 P.M. Naples City Hall, Council Chambers, 735 Eighth Street, South, Naples I. Call to Order II. RollCall RECE\VED JAN 0 3 2006 III. Changes and Approval of Agenda Board of County commissioners IV. Public Comments V. Approval of CAC Minutes 1. August 11, 2005 VI. Staff Reports Fiala Halas Hennin9= coyle Coletta / V ,/" - / ../ '.!! ~ : 1. Revenue Report 2. Status Report a. Project Summary b. Monthly Project Status Report VII. New Business 1. Discussion and Conclusions of Meeting with FDEP Representatives 2. FDEP Funding Update VIII. Old Business 1. Proposed Amendment to Tourist Development Tax Category "A" Funding Policy 2. Hideaway Beach Cost Apportionment 3. City/County Beach Renourishment BCC Funding Packet 4. City/County Beach Renourishment Permit Update IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location 1. October 13, 2005 - 1 :00 p. m. - City Council Chambers, Naples City Hall XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board plior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. 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 DepartmentNft~t~ W~01 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. . 0, . Date:. Ilem#: http://www.colliergov.net/tdc/cac/9-8-05RegularMeeting.htm Copies 11,2/21/2005 .9-8-05 Regular Meeting Page 2 of2 .. I, (: Public comments will be limited to 5 minutes unless the Chairman grants permission for additional tima. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/tdc/cac/9-8-05RegularMeeting.htm 12/21/2005 9-8-05 FDEP Workshop Meeting Page 1 of1 16 \ 1 . MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) WORKSHOP MEETING WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) REPRESENTATIVES THURSDAY, SEPTEMBER 8, 2005 - 9:00 A.M. City Council Chambers, Naples City Hall, 735 Eighth Steet, South, Naples I. Call to Order RECEIVED J.b.N 0 3 2006 II. RollCall 80ard of County COmmissioners III. Changes and Approval of Agenda v Fiala IV. Introduction of Guests Halas . ' ~ He"";":: ~ V. AgendalTimes = Coyle / Coletta 1. 9-10 AM - Wiggins Pass Discussion 2. 10 - 11 AM - Clam Pass Discussion 3. 11 - 12 AM - Collier County Beach/Inlet Maintenance 10 Year Plan VI. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bemal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that alllobbyisls shall, before engagin9 in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards. register with the Clerk to the Board at the Board Minutes and Records Department. Misc. Corres: Date: Item#: http://www.colliergov.net/tdc/cac/9-8-05FDEPWorkshopMeeting.htm Copies to 12/2112005 41 (~. >i I' ,,; \ . ,. (.. "-' iJ ...- October 13, 2005 November 10, 2005 Minutes V-1 1 of6 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, October 13, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County ofCoIIier, having conducted business herein, met on this date at I :00 p.m., in REGULAR SESSION in City Council Chambers, Naples City Hall, 735 Eighth Street, South, Naples, I V Fiala / Florida, with the following members present: Halas v/ Henning V , Coyle ~' -- Coletta ...,. ------- CHAIRMAN: Ron Pennington Gerald Camiener (Excused) Murray Hendel (Excused) John Arceri (Absent) Heidi Kulpa Ronald Minarcini Tony Pires John Sorey, III (Excused) Paul Sullivan ALSO PRESENT: Gary McAlpin - Coastal Projects Manager Coleen Greene, Assistant County Attorney Gail Hambright, Administrative Assistant Mise Corres: Date: Item#: Copies to: 10-13-05 Regular Meeting 16 lpllof! MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, OCTOBER 13, 2005 -1:00 P.M. Naples City Hall, Council Chambers, 735 Eighth Street, South, Naples November 10, 2005 Minutes V-1 2of6 I. Call to Order II. RollCall III. Changes and Approval of Agenda IV. Public Comments V. Approval of CAC Minutes 1. August 11, 2005 - Inlet Sub-Committee Workshop 2. September 8, 2005 - Regular Meeting 3. September 8, 2005 FDEP Workshop VI. Staff Reports 1. Revenue Report 2. Project Status Report VII. New Business 1. MMS Lease for Outer Continental Shelf Sand 2. FDEP Cost Share Contract 3. Contract with PBS&J - Gabrielle Support 4. Collier County Biological Survey Results/Presentation 5. Consulting Support Solicitation Proposal 6. Construction Management Approach on Beach Renourishment 7. 10 Year Plan with Parks & Recreation Removed VIII. Old Business 1. Vanderbilt Parking Garage Update 2. Marco South/Caxambas Pass Project Update 3. Clam Pass Study Update 4. City/County Beach Renourishment Update 5. Hideaway Beach Renourishment Update IX. Public Comments x. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location 1. November 10, 2005 - 1 :00 p.m. - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections. jf any, in writing, to the board prior to the meeUng If applicable. http://www.colliergov.netltdc/cac/10-13-05RegularMeeting,htm 10/7/2005 ~ " " . ", (-~ 1\. . ~ O~b~~13~ 2~ November 10, 2005 Minutes V-1 The meeting was called to order by Chairman Ron Pennington at 1 :00 pJn;lf 6 o I. II. Roll Call- A quorum was established with Mr. Sorey, Mr. Hendel and Mr. Camiener being excused, and Mr. Arceri being absent. III. Changes and Approval of Agenda - No changes. Mr. Pires moved to approve the Agenda. Second by Mr. Sullivan. Carried unanimously 5-0. IV. Public Comments - None. V. Approval ofCAC Minutes 1. Inlet Subcommittee Workshop minutes of August 11, 2005 - Mr. Sullivan moved to approve the minutes of the subcommittee of August 11, 2005 with the following change: Under Old Business, first bullet point, Item 1, change "Mr. Sorey stated" to read "Mr. Sorey had previously stated". Second by Ms. Kulpa. Carried unanimously2-0. 2. CAC Minutes of Regular Meeting of September 8, 2005 - Mr. Pires moved to approve the minutes of September 8, 2005 with the following changes: Page 3, change "Councilman" to "Mr. "; on first page under "Also Present", add with FDEP to three visitors title; Page 2, under "Roll Call" add "Mr. Pires was absent at roll call; Page 3, under "Open Discussion" add" concerning Clam Pass". Second by Mr. Sullivan. Carried unanimously 5-0. 3. CAC FDEP Workshop Minutes of September 8, 2005 - Mr. Sullivan moved to accept the minutes of Workshop Session of September 8, 2005 with the following changes: Page I, change "regular session" to read "workshop session" and on Page 1, change from "Government Complex" address" to "Naples City Hall" address; add to titles under "Also Present" FDEP for visitors; Page 2, Item 4, add "from FDEP"; Page 3, middle of page, spell "Keehn" with title "Coastal Planning and Engineering"; Page 4, after "Martha Dykman" change to" resident of Seagate" rather than "Clam Bay system." Second by Mr. Minarcini. Carried unanimously 5-0. VI. Staff Reports 1. Revenue Report - Gary McAlpin - Year closed out, collected $10,484,000. approximately $1,000,000 over the budget for TDC funds. . Revenue for month of September was down 33% relative to where we stood last year. . Revenue sources for Category A TDC funding: apartments not quite $30,000; condominiums, about $600,000; camp grounds $100,000; hotels and motels, $7.8 million; single family homes, $127,000; realtors, $1.7 million. . Budget for year, tied into ten year plan, will be present at next meeting 2 1611 . October 13 2005 November 10, 2005 Minutes V-1 2. Project Status Report - Gary McAlpin 4 of 6 . In period of transition re report, did not generate report this month. 3. County Attorney Report . Use of tourist development taxes to dredge non-beach compatible material from passes and inlets discussion has been postponed. VII. New Business 1. MMS Lease for Outer Continental Shelf Sand. Lease to be executed with US Government for our sand source for major beach renourishment. Lease is in review by County attorney office, is standard lease. Mr. Sullivan moved to authorize and approve lease subject to a favorable ruling by the County Attorney. Second by Mr. Pires. Carried unanimously 5-0. 2. FDEP Cost Share Contract. Mr. Pires moved to approve FDEP Cost Share Contract subject to approval by County Attorney. Second by Mr. Sullivan. Carried unanimously 5-0. 3. Contract with PBS&J - Gabrielle Support. Mr. Pires moved to authorize and approve contract with PBS&J - Gabrielle Support, time-and-material- not- to- exceed purchase order to PBS&J to provide FEMA support relative to Tropical Storm Gabrielle. Second by Mr. Sullivan. Carried unanimously 5-0. 4. Consulting Support Solicitation Proposal- Gary McAlpin. Moving forward. 5. Construction Management Approach on Beach Renourishment. Mr. Pires moved to approve and authorize moving forward with Coastal Planning and Engineering to provide construction phase administration survey and engineering support for time and material unit price not to exceed $125,000. Second by Mr. Sullivan. Carried unanimously 5-0. 6. Ten Year Plan with Parks and Recreation Removed. Mr. Pires moved to approve removal of parks and recreation from ten year plan. Second by Mr. Sullivan. Carried unanimously 5-0. VIII. Old Business 1. Clam Pass Study Update. Gary McAlpin discussed progress of Clam Pass study, . There is some sand bypassing. Has not gotten to Clam Pass Beach Park yet. . 30.000 cubic yards ofsand is target amount needed to renourish beach. . Recommended we move forward, take money and spend ahout one third on CP&E work to develop plan with Seagate and Pelican Bay 3 16' 1 . . -October 13, 2005 November 10, 2005 Minutes V-1 people to do engineering with regard to getting commitment fiidlf 6 state and DEP on permitting. . Mr. Sullivan moved to approve change of scope of task to be more effective. Second by Ms. Kulpa. Carried unanimously 5-0. VII. New Business (Continued) 1. Collier County Biological Survey Results/Presentation by Mr. McKowski, Marine Biologist, Head of Diving Group for Coastal Planning and Engineering. . Discussed 500 acres of hard bottom reefformation off shore. . BEAMER - Better Ecological Assessment for Marginal Reefs . Standard video . 2003 Near shore investigation . Macro algae . Stony coral . Stony coral and disturbances . 2003 Marine Resources Investigation - Larger resource than ever imagined . Corridor Investigations - pipeline corridor habitat extends five miles off shore . Opportunity exists for development of eco-tourism in Collier County, diving and snorkeling. . Requested discussion re next correct steps to manage new resource VIII. Old Business (Continued) 1. Vanderbilt Parking Garage Update - Gary McAlpin gave update. . Four to five months construction activity originally . Sought financing last year will allow progress to continue . Funding is in place to complete project 2. Marco South/Caxambas Pass Project Update - Gary McAlpin . Project will go out for bid with proposals due in November. . Pre-construction survey will take place this month. . Two month construction schedule anticipated, latest February or march 2006. . Need permits by January I, 2006 or will be delayed for an entire year. 3. City/county Beach Renourishment Update - Gary McAlpin . Contract approved by BCC to Great Lakes Dredging . Insurance being prepared . Holding conference calls, coordinating meetings . USACE permit still outstanding but working . Draft lease with MMS prepared . Draft contract with FDEP to find cost share 4 1611 . . Pelican Bay sand decision by 11/1/05 . FDEP NIP tentative by 11/1/05 . 12/1/05 start date at Vanderbilt October 13, 2005 November 10, 2005 Minutes V-1 60t6 4. Hideaway Beacb Renourisbment - Gary McAlpin . In final stages and is being closed down . Rock quality resolution . Removal of sand bags from north end . Excess sand on Tee-Groin face . Beach cleanup . Preparation of back charges to Weeks Marine IX. Public Comments Dr. Mike Bower, City of Naples, spoke regarding Doctors Pass. X. Announcements - None, XI. Committee Member Discussion - Concluded, XII. Next Meeting Date - November 10, 2005 at Collier County Government Complex. Tbere being no further business for tbe good of the County, tbe meeting was adjourned by order oftbe Chair at 2:40 p.m. COLLIER COUNTY COASTAL ADVISORY COMMITTEE Ron Pennington, Chairman 5 10-13-05 Regular Meeting Page 1 of2 MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, OCTOBER 13, 2005 -1:00 P.M. Naples City Hall, Council Chambers, 735 Eighth Street, South, Naples 16\1 o I. Call to Order II. RollCall RECEIVED JIl,N 0 3 2006 III. Changes and Approval of Agenda Boarrl of County Commissioners IV. Public Comments V. Approval of CAC Minutes 1. August 11, 2005 - Inlet Sub-Committee Workshop 2 September 8, 2005 - Regular Meeting 3. September 8, 2005 FDEP Workshop VI. Staff Reports Fiala J Halas '-g; HenniI'19___ Coyle / Coletta._ ./ - 1. Revenue Report 2. Project Status Report 3. County Attorney Report VII. New Business 1. MMS Lease for Outer Continental Shelf Sand 2. FDEP Cost Share Contract 3. Contract with PBS&J - Gabrielle Support 4. Collier County Biological Survey Results/Presentation 5. Consulting Support Solicitation Proposal 6. Construction Management Approach on Beach Renourishrnent 7. 10 Year Plan with Parks & Recreation Removed VIII. Old Business 1. Vanderbilt Parking Garage Update 2. Marco South/Caxambas Pass Project Update 3. Clam Pass Study Update 4. City/County Beach Renourishrnent Update 5. Hideaway Beach Renourishment Update IX. Public Comments x. Announcements XI. Committee Member Discussion XII, Next Meeting Date/Location 1. November 10, 2005 - 1 :00 p.m. - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment Misc. Carres: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. Date Item#: http://www.colliergov.netltdc/cac/10-13-05RegularMeeting.htm Copies toI2/21/2005 10-13-05 Regular Meeting 1 brtf2 · For more information, please contact Maria Bernal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engagin9 in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/tdc/cac/l0-13-05RegularMeeting.htm 12/2112005 ,J~ .J ul o November 10, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, November 10, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following J members present: Fiala/, .- Halas ~.__._' Henning .---- Coyle t-.:::L ----- Coletta--.~ --.--- CHAIRMAN: Ron Pennington John Arceri - Excused Gerald Camiener Murray Hendel Heidi Kulpa - Excused Ronald Minarcini Tony Pires John Sorey III Paul Sullivan ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Gail Hambright, Tourist Tax Coordinator Colleen M. Greene, Assistant County Attorney Misc. Corres: Date: Item#: Copies to: 1611 . November 10, 2005 I. The meeting was called to order by Chairman Ron Pennington at 1:00 PM. 11. Roll Call A quorum was established with Mr. Pires absent at roll call and John Arceri and Heidi Kulpa having excused absences. Katy Fur the Cities new Environmental Specialist was introduced. 111. Changes and Approval of Agenda "VII. Old Business #3. Clam Pass Study Update" was removed from the agenda. Mr. Sorey moved to approve the agenda with changes. Second by Mr. Minarcini. Carries unanimously 6-0. IV. Public Comments None V. Approval of CAC Minutes 1. October 13, 2005 - Regular Meeting Minutes Page #2 under "VI. Staff Reports, I. Revenue Report - Gary McAlpin" bullet #2 should have read "Revenue sources for TDC funding", striking "Category A". Page #4 under "VII. New Business, I. Collier County Biological..." for the correct spelling of the name Mr. Makowski. Mr. Sullivan move to approve the minutes of October 13, 2005 with changes. Second by Mr. Camiener. Carries unanimously 6-0. VI. Staff Reports 1. Revenue Report Gary McAlpin gave a report including the following points: . Review of worksheet "Based on 4 Cents" (see attachment) . Demonstration of beach funds, . Discretionary spending will be limited from 2007 and forward. Mr. Hendel wished that this had been laid out prior to the 4% raise, due to the numbers not being coherent. 2 16 ~ " November 10, 2005 Anthony Pires joined the meeting at 1: 10 p.m. Gary McAlpin continued his report: . Review of worksheet "Tourist Tax Revenue Report ~ FY 2005- 2006" (see attachment) . The Tourist Tax Revenue Report spreadsheet will be updated monthly. Mr. Sorey mentioned that hotel representatives are concerned about sales for November along with August, September, and October of next year, They are not seeing much interest by the group industry for these months. 2. Project Status Report Gary McAlpin gave a report and referenced handouts and overhead (see attachments), VII. New Business 1. Results or Collier County/Naples Preconstruction Beach Survey Gary McAlpin reviewed the Executive Summary "Recommend Approval to add an additional 31,299 cubic yards of sand to the City of Naples/Collier County beaches as a result of the pre-construction survey and approved approximate additional funding of 4874,629 to Project 905271" (see attachment) including the following point: . The funds are in general reserves. 2. Hurricane Katrina and Wilma Update/FEMA Gary McAlpin reviewed the Executive Summary "Share beach status as a result of Hurricanes Katrina and Wilma" (see attachment) including the following points: . Review of "Post- Hurricane Wilma Preliminary Survey Results" . Hurricane Katrina pushed the Naples Beaches sand out while Hurricane Wilma pushed the sand back in. . Naples Beach's' sands are now close to being back to an even amount. . Both surveys will be combined for a report to be filed with FEMA for approximately 36,000 cubic yards of re-nourishment, with the addition of the dunes. . The surveys do not take Marco Beaches into account. 3 bULL November 10, 2005 . A survey for Marco Beaches will be executed this week. . A second claim will be filed with FEMA for Marco. . The hard bottom will have to be re-surveyed. . The reserves are in place to pay contractors as the bills come due, then reimbursement will come from FEMA. Mr. Pires moved to approve funding for up to 40,000 cubic yards. Second by Mr. Sorey. Carries unanimously 7-0. 3. Proposed Clam Pass InletlPark Renourishment Plan Proposed to Pelican Bay/Seagate Gary McAlpin reviewed the Executive Summary "Update the CAC on progress toward the dredging of Clam Pass and re-nourishment of the adjoining county beach park. Proposed plan was developed with Pelican Bay and Seagate representatives" (see attachment) including the following points: . Demonstration of proceedings displayed on overhead. . Representative engineers will continue to work in conjunction to define beach areas. . Three accomplishments- - Title Flushing - Renourish beach - Give reassurances on no excessive erosion on their beach. . The cost will more than likely come in around $500,000 with permitting taking around 6 months; renourishment should occur around November 2006-March 2007. Mr. McAlpin will supply the study performed in this area once it has been further defined and ready for dispersion which should occur in about a month. The information supplied was from an excerpt of the study. Mr. Camiener distributed copies of a plan proposal he devised. He demonstrated his proposal on the overhead. He will talk further with Ken Humiston. Mr. McAlpin noted that during active design Mr. Camiener's proposal can be addressed. Once the permit issues are resolved Mr. McAlpin can return for further involvement. 4. Conservancy of Southwest Florida Contract Gary McAlpin reviewed the Executive Summary "Recommend Approval of contract with the Conservancy of Southwest Florida to provide 4 1611 . November 10, 2005 shorebird monitoring as required by FDEP permit for a cost of $34,798 Project No. 905362" (see attachment). Mr. Sorey moved to approve the $34,798 with funding coming from the previous item authorized plus an additional $7,000. Second by Mr. Hendel. Carries unanimously 7-0. VIII. Old Business 1. Vanderbilt Parking Garage Update Gary McAlpin reviewed the Executive Summary "Update CAC on Vanderbilt Beach Parking Garage progress" (see attachment). Photographs shown. Completion duration is on track for 7 months, 2. Marco South/Caxambas Pass Project Update Gary McAlpin reviewed the Executive Summary "Progress Update - Marco South/Caxambas Pass Project" (see attachment). The surveys will be combined for a Pre-construction Survey, Wilma Survey, and Katrina Survey that should be completed within the following week. A special meeting could be called for this issue if it is deemed necessary. 3. City/County Beach Renourishment Update Gary McAlpin reviewed the Executive Summary "Progress Update - City/County Beach Renourishment Project" (see attachment) including the following points: . Hopefully renourishment will start the first of the year. . Once a schedule has been created then a public notice can go out. 4. Hideaway Beach Renourishment Update Gary McAlpin reviewed the Executive Summary "Progress Update - Hideaway Beach Renourishment Project" (see attachment) including the following points: . Working with the Home Owner Association in order to finalize the project. . The contractor will more than likely not be able to clean-up the area within the set times. . It will be the contractor's responsibility to come back and clean up the site if stones appear due to erosion. ClarifYing questions were addressed. 5 16 ~ J November 10, 2005 . $2.9 million will be the cost for the Hideaway Home Owners association. . The TOC portion will come out to $2,750,000. There will be a $70,000 back charge to Weeks Marines for delays. . The TOC portion will also include $111,000 for additional rock that was required. . It was erroneously thought that the Counties Tax Certificate could be used, so there will be an addition of$75,000. . When exact numbers are achieved it will be brought before the Committee again. The Committee recessed at 2:46 p.m. reconvening at 2:52 p.m. Mr. Sorey departed from the meeting during the recess at 2:46 p.m. 5. Doctors Pass Dredging Update Gary McAlpin reviewed the Executive Summary "Status and schedule for the dredging ofOoctors Pass" (see attachment). Mr. Pennington updated the Committee. The dredger arrived at 2:30 on Monday morning. He feels this is the best group to work in this area since 1988. The company has mentioned to be complete in 15 days, An additional 20,000 cubic yards may be needed, IX. Public Comments None X. Announcements None XI. Committee Member Discussion Mr. Pennington noted that the Policy Amendment has been approved by the Board of County Commissioners. A newspaper printed inaccurate information about the subject. Mr. Pennington wrote a letter in response that was then published. He suggested having regular Coastal Advisory Committee meetings at the City Council Site and will look into the availability since there were no objections. The only draw back would be the lack of access to the Counties internet system for the staff. Legal staff will return to verify that it is appropriate for the meeting location to be at the City. XII. Next Meeting Date/Location 6 1611 . November 10, 2005 1. December 8, 2005 -1:00 p.m. - Location to be determined. Mr. Hendel will not be able to attend the next meeting. There being no further business for the good of the County of Collier the meeting was adjourned at 3:07 PM. COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 7 11-10-05 Regular Meeting Page I of2 'VIi' 10 I I, , u ,.....' ,. MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, NOVEMBER 10, 2005 -1:00 P.M, W. HARMON TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) I. Call to Order II. RollCall RECEIVED JAN n 3 2006 III. Changes and Approval of Agenda Board of County Commissioners IV Public Comments v. Approval of CAC Minutes / Fiala 1. October 13, 2005 - Regular Meeting Minutes Halas V ./ VI. Staff Reports Henning Coyle ~ 1. Revenue Report Coletta 2. Project Status Report VII. New Business 1. Results of Collier County/Naples Preconstruction Beach Survey 2. Hurricane Katrina and Wilma Update/FEMA 3. Proposed Clam Pass Inlet/Park Renourisment Plan Proposed to Pelican Bay/Seagate 4. Contract with the Conservancy of Southwest Florida to provide Shorebird Monitoring VIII. Old Business 1. Vanderbilt Parking Garage Update 2. Marco South/Caxambas Pass Project Update 3. Clam Pass Study Update 4. City/County Beach Renourishment Update 5. Hideaway Beach Renourishment Update 6. Doctors Pass Dredging Update IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location 1. December 8,2005 - 1:00 p.rn. - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. Mise Corres: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you al"E(mKitled, at no cost Item#: http://www.colliergov.net/tdc/cac/ll-10-05RegularMeeting.htm Cople~ lb!21/2005 I I -I 0-05 Regular Meeting 41 r r Pllge 2 of2 I. ,.. to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.netltdc/cac/ll-l0-05RegularMeeting.htm 12/2112005 12-9-05 Regular Meeting 1 l o Page 1 of2 ~ .,.: 1 1 · MEETING AGENDA & NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, DECEMBER 8,2005 -1:00 P.M. W, HARMON TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) I. Call to Order II. RollCall RECEIVED JMl U 3 2006 III. Changes and Approval of Agenda 80ard 01 County Commissioners IV. Public Comments V. Approval of CAC Minutes 1. November 10 , 2005 - Regular Meeting Minutes VI. Staff Reports Fiala Halas Henning Coyle Coletta _. ~~ v v:::.- ,/ 1. Revenue Report 2. Project Status Report VII. New Business 1. DCAlFEMA Funding for Beach Renourishment 2. Marine Contracting Group Change Order No, 4 3. H&M Change Order - HideawayBeach VIII. Old Business 1. Vanderbilt Parking Garage Update 2. Marco South/Caxambas Pass Project Update 3. Clam Pass Study Update 4. City/County Beach Renourishment Update 5. Hideaway Beach Renourishment Update 6. Doctors Pass Dredging Update IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location 1. January 12, 2006- 1 :00 p.m. - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meetin9 if applicable. For more information, please contact Gail 0, Hambright at (239) 213-2966. Mise Corres: 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 I~? at 3301 East Item#. http://www.colliergov.netltdc/ cac/12-9-05 RegularMeeting.htrn CopIGSl12/2112005 12-9-05 Regular Meeting Page 2 of2 ~l:;/ ~. .,J... o Tamiami Trail, Naples, FL 34112, (239) 774-8380, Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Or-dinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/tdc/cac/12-9-05RegularMeeting.htm 12/21/2005 1611 December 8, 2005 . TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 8, 2005 ' ' ,~-i }" LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at I :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: Fiala ~ j '. Halas -~. -" Henning-. '. - Coy'e--,-~---- CO~""--- CHAIRMAN: Ron Pennington John Arceri Gerald Camiener Murray Hendel - Excused Heidi Kulpa Ronald Minarcini Tony Pires - Excused John Sorey III Paul Sullivan ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Gail Hambright, Administrative Assistant Colleen M. Greene, Assistant County Attorney Misc. Corres: Date: 1 Item # Caples to: ,j .! )1 ;';0, .::~ \~\ !l D . . December 8, 2005 I. The meeting was called to order by Chairman Ron Pennington at 1:02 PM. II. Roll Call A quorum was established with John Sorey absent at roll call and Murray Hendel and Tony Pires having excused absences, III. Changes and Approval of Agenda Gary McAlpin noted that a packet was handed out including a Revenue Report with changes and a copy of the minutes. He also noted the addition of an executive summary to be addressed under "VII. New Business" regarding Humiston and Moore. Mr. Arceri moved to approve the agenda with changes. Second by Mr. Sullivan. Carries unanimously 6-0. IV. Public Comments None V. Approval ofCAC Minutes 1. November 10, 2005 - Regular Meeting Minutes Mr. Pennington noted the correct spelling for Katie Fuhr. Mr. Sorey joined the meeting at I :06 AM. Page #3 under "VII. New Business, 1. Results of Collier CountylNaples Preconstruction Beach Survey" the number 4 should have been a number sign "$". Page #4 under "VII. New Business, 3. Proposed Clam Pass Inlet/Park Renourishment Plan Proposed to Pelican Bay/Seagate" under the bullet point should have read "Tidal Flushing" not "Title Flushing". Mr. Sullivan moved to approve the minutes of November 10,2005 with corrections. Second by Mr. Camiener. Carries unanimously 7-0. VI. Staff Reports 1. Revenue Report Gary McAlpin reviewed distributed documents including "Tourist Tax Revenue Report - FY 2005-2006" and "Greater Naples, Marco Island, Everglades Convention and Visitors Bureau Tourist Tax Collections History". Noting that November numbers include the 4th penny. 2 1611 . December 8, 2005 2. Project Status Report Gary McAlpin reviewed distributed documents including "Proposed reporting items for CAC Project Report". Mr. Sorey would like to keep a column on the report for "Staff Comments". Ms. Kulpa would like to have an additional column demonstrating the variance off the original budget. Mr. McAlpin will separate projects by "Active" and "Inactive". VII. New Business 1. DCAlFEMA Funding for Beach Renourishment Gary McAlpin reviewed Executive Summary "Update the CAC relative to our efforts to obtain DCAlFEMA funding for Beach Renourishment relating from Hurricanes Katrina and Wilma" (see attachment). The following items were considered: . Hurricane Katrina date shown on the Executive Summary should have been 2005. . Demonstration of "Table 4 Hurricane Katrina Volumetric Storm Losses" . The Wiggins Pass area and inlet will be looked into in order to compare against data from June. . Permits have been given up to the maximum fill template amount. 2. Marine Contracting Group Change Order No.4 Gary McAlpin reviewed Executive Summary "Recommend approval by CAC/TDC for Change Order #4 with Marine Contracting Group for additional expenditure of $210,000 under contract 05-3744, Project No. 905021" (see attachment) including the following points: . It was first thought that Marine Contracting could use the Counties tax exemption, but later discovered it was not possible. . Review of page #5 "Breakdown of Package". Mr. Sorey moved to approve Executive Summary "Recommend approval by CAC/TDC for Change Order #4 with Marine Contracting Group for additional expenditure of $210,000 under contract 05-3744, Project No. 905021". Second by Mr. Camiener. 3 lli\ (; q <';'. \1 ,.", \\; ,l.l. ~,~ .,,-~ December 8, 2005 ,- Mr. McAlpin noted that if the contract had been written for the County to purchase materials and provided them to the contractor it would have saved the sales tax. Motion carries unanimously 7-0. Gary McAlpin reviewed Executive Summary "Recommend approval by the CAC/TDC for a Change Order to of $45,250 to Humiston and Moore to extend construction phase services through December 2005 and provide laboratory analysis of sand samples as required by FDEP permit on the Hideaway Beach Project No. 90502 Contract #01-3271" (see attachment) including the following point: . Liquidated damages need to be realistic, defendable, and valid. Mr. Sullivan moved to approve Executive Summary "Recommend approval by the CAC/TDC for a Change Order to of $45,250 to Humiston and Moore to extend construction phase services through December 2005 and provide laboratory analysis of sand samples as required by FDEP permit on the Hideaway Beach Project No. 90502 Contract #01-3271". Second by Mr. Arceri. Carries unanimously 7- O. Gary McAlpin reviewed "Hideaway Beach Homeowner Association/TDC Project Costs" (see attachment) including the following point: . $2.5 million was the projected project cost; it is looking to finish at around $2.7 million. VIII. Old Business 1. Vanderbilt Parking Garage Update Gary McAlpin reviewed Executive Summary "Update CAC on Vanderbilt Beach Parking Garage progress" (see attachment) including the following point: . Projected date of completion will be provided the next meeting. 2. Marco South/Caxambas Pass Project Update Gary McAlpin reviewed Executive Summary "Progress Update - Marco South/Caxambas Pass Project" (see attachment) including the following points: 4 '6'-- Decet~er 8, 200). . . Possible completion in February or March. . If it is felt that the project can not be completed by turtle season then the project will be terminated and re-bid later. . The project utilizes TDC funds with a possibility of a third received from the Government. 3. Clam Pass Study Update Mr. Camiener went to the Pelican Bay Service Division who then spoke with Ken Humiston who then prepared a response (hand out was distributed). Gary McAlpin reviewed Executive Summary "Update CAC on Clam Pass Study Progress" (see attachment) including the following points: . Mr. McAlpin asked to change the request to change the approach on how Clam Pass is handled. . Review of "Odd-Even Analysis at Clam Pass" . Sands have been transferring within the area. . Mr. McAlpin requested dredging the inlet pass from station 00 to 18, putting the material on the beach; concurrently proceeding with a permit modification or a new permit which will allow for inlet and ebb tide shoal dredging. . $200,000 is the projected cost of the project. Ms. Kulpa moved to authorize Mr. McAlpin to proceed with the plan. Second by Mr. Camiener. Carries unanimously 7-0. Mr. Sullivan expressed appreciation for the chart "Odd-Even Analysis at Clam Pass". 4. City/County Beach Renourishment Update Gary McAlpin reviewed Executive Summary "Progress Update- City/County Beach Renourishment Project" (see attachment) including the following points: . Review of packet information. . There are three possible access points for the equipment to get to the location on the beach. . There would be potential temporary road closings. . The subject needs to be addressed at the January 4th (Naples) City Council Meeting. . Review of "Agenda for Preconstruction Conference FDEP Permit No. 0222355-00l-JC Corps Permit No. SAJ-2003-l2405(IP-MN)" 5 'lec~b~r 8,\2005 <J.l Mr. Pennington added that he has been trying to find a location for the equipment to be brought in for the project. A boat will be running from Naples City Dock to different locations three miles out in order to transport workers. 5. Hideaway Beach Renourishment Update Previously covered by Mr. McAlpin under "VII. New Business". 6. Doctors Pass Dredging Update Ron Pennington reviewed Executive Summary "Status and schedule for the dredging of Doctors Pass" (see attachment) including the following points: . The project was performed better than it had been previously at this location; it took 18 days to complete. . Only one complaint came in about the noise generated from work being done 24 hours each day. IX. Public Comments John Findley, Estuary Conservation Association who is the Chairman of Milestone Committee that monitors for the Estuary Conservation Association noted that Wilma drastically affected them. (Pictures from November 22, 2005 shown on overhead demonstrating channel markers). A study that had been started by the County looking into long term solutions needs to be completed. Mr, Finley requested to have the Committee reexamine the necessity for the study, looking into how much of the study was completed and what it would entail to complete it. Mr. Pennington returned mentioning that they are not prepared to cut through the flood tide shoal. The flood tide shoal is inside the funding limitations. Open discussion ensued on related past events. X. Announcements None XI. Committee Member Discussion Mr. Pennington mentioned that the north jetty at Doctors Pass is in need of repair. He suggested getting estimates. 6 1e~~ber 8~ 2005 Mr. Sullivan recognized Gary McAlpin's great work. He relayed an incidence on Marco Island where boaters had reported large rocks in the water way; a boater's alert went out. It was thought that the rocks had fallen off of the barge or malpractice had occurred, Mr. McAlpin responded quickly finding that it was tree stumps. The Conservancy is looking into pulling them out. Mr. Sullivan also noted that channel markers are often reported missing. He would like to see a list of markers that the County is aware of and working to correct. Mr. McAlpin will invite Mr. Suitor to speak on channel markers. XII. Next Meeting Date/Location 1. January 12, 2005 -1:00 p.m. - Government Center, Administrative Bldg. F, 3rd Floor There being no further business for the good of the County of Collier the meeting was adjourned at 3:03 PM. COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 7 1611 . March 10, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY EROSION CONTROL LINE WORKSHOP Naples, Florida, March 10, 2005 LET IT BE REMEMBERED, that the Collier County Erosion Control Line Workshop in and for the County of Collier, having conducted business Herein, met on this date at 5:00 PM in WORKSHOP SESSION in Building "F ofthe Government Complex, East Naples, Florida with the following / Fiala present: Halas - I Henning Coyle Coletta THOSE PRESENT: Gary McAlpin, Collier County Coastal Projects Mgr. Mark Miller, Assistant General Counsel Becky Roland, Environmental Specialist (DEP) Ron Pennington, Coastal Adv. Committee Chairman Steven Keehn, Coastal Planning & Engineering ( 1) ,) t' , 'I' (Dr! t I ( \~v -) r I) Misc. Cc,rres: Date: ltem#: 1 b il <~ " March 10, 2005 CONTROL EROSION LINE PUBLIC WORKSHOP Gary McAlpin, Coastal Projects Manager, called tbe Public Worksbop meeting for tbe Erosion Control Line to order at 5:00 PM. This is for the major beach renourishment project that will be undertaken the winter 2006. Introductions: Assistant General Counsel, Mark Miller Environmental Specialist, Becky Roland (DEP) Coastal Advisory Committee Chairman, Ron Pennington Coastal Planning & Engineering, Steven Keehn Notice: This meeting was advertised in the Florida Administrative Weekly and Naples Daily News along with over 25 certified letters to those that were within 1,000 feet of the beaches. The Workshop is scheduled for 5:00 PM followed by the Public Hearing at 6:00 PM. Presentation: Steve Keebn - Coastal Engineering & Planning - A slide presentation was given explaining the project and what an erosion control line is: . Pictures of the area were shown . Showed 2 erosion control lines (Pelican Bay and Parkshore) . Plans were available for viewing . The erosion control line is the mean high water line at the time of survey . Elevation is 1.52 feet for Pelican Bay and 1.53 feet for Parkshore . Project was done previously in 1995/96 . A number of smaller projects were done with 1/3 the amount of sand (inlet bypassing and truck haul projects) . This project will reduce the need for truck haul projects, but the County will continue with the inlet sand bypassing . Summary: 673 cubic yards are proposed - start construction November 1 st - 4 months to build the project - 8.6 miles . Talked about the hurricanes of 2005 . Discussed the sand source and dredging . The sand will be coarser than what is there at present . Covered rules on the erosion control line required by the State . Trying to adopt an erosion control line - has nothing to do with the construction control line . Landward limited fill - elevation of 5 feet . State is allowing the beach project as long as an erosion control line is given . Will build a beach that is wider & State wants to maintain ownership over the land they have. 2 16\1 · March 10, 2005 . Surveys have been done and will now adopt that line as the new permanent border between the upland properties and the State lands. . State is not trying to increase the amount of property they have Testimony will be taken at 6:00 PM. The will be no discussion, testimony only. Questions can be asked after the Public Hearing. Questions were taken from the audience but not audible on tape, Ron Hovell, previous Coastal Projects Manager - wanted everyone to be aware of the two areas they need permission from is the setting of the control line, but also the easements from everyone along the beaches to be renourished. 90-95% has been received, but still some holdouts, The Board of County Commissioners policy is not to place sand on privately owned property without an easement. If they are not gotten by the time the project is ready to go, they will have to skip those properties and not provide the sand. He encouraged those property owners to contact the City or County. The easement is just a construction easement. A temporary easement only for the construction phase of the project. The Workshop concluded at 5:35 PM. HEARING Mark Miller, the Hearing Officer welcomed everyone to the hearing at 6:00 PM. It is being held pursuant to Chapter 161.141 Florida Statutes for the pnrpose of receiving comments regarding the merits of the proposed erosion control lines for the Collier County Beach Renourishment project. Before Comments he defined what an erosion control line is, how the line is located and the formal process required for legally establishing the erosion control line. Once established, becomes the boundary line between public and private property. All property seaward of the established erosion control line is State owned property, All property landward of the erosion control line continues to be vested with upland property owner. The location ofthe line is based on a survey of the existing line of mean high water. It is conducted in accordance with the accepted survey principals' ad practice and reviewed and accepted by the FL DEP. The public hearing is then held to receive pubic comments. After the hearing has been held, he as the public hearing officer will prepare a report based on evidence obtained. The report will contain a recommendation to either approve the establishment of the erosion control lines or not. IF the report contains a recommendation for approval, the FDEP will approve the establishment of the 3 16' 1 . March 10. 2005 erosion control lines. They will then be recorded in the public records of Collier County. A few issues: discussed the relationship between the established erosion control line and private property rights, Talked about the mean high water 1 ine and the boundary between sovereign States owned land and privately owned upland property, Talked avouch common law rights by upland property owner. Provision Section 161.20 I FL Statutes, the State shall not allow any structure to be erected upon lands created, either naturally or artificially, seaward ofthe erosion control line except structures to prevent erosion. An audible recording is being made so he can refer to the recording in preparation in preparing his final report to insure accuracy. All persons wishing to provide oral comments will be given the opportunity. This is not a Workshop. No discussion is allowed. As the Hearing Officer, he is to consider comments only. Those that do not wish to provide oral or written comments at this hearing, a period of 30 days will be made to submit to him any comments they wish to make. His address is: Mark Miller, FL DEP, Office of Beaches & Coastal Systems 3900 Commonwealth Blvd. Mail Station 35 Tallahassee, FL 32399-3000 Steven Keehn of Coastal Planning & Engineering provided information concerning beach renourishment project and the erosion control line for the project. The speakers will then be called upon. The hearing will last until everyone has had an opportunity to speak. Steve Keehn - Coastal Planning & Engineering - gave slide presentation of the areas and the erosion control lines for eh extension of the Vanderbilt project area south, and Park Shore area to the north. Much of the details were covered at the Workshop earlier. Speakers were then welcomed of which there were none. The Public Hearing was then adjourned at 6:10 PM. ***** COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 4 J.u~J.. · AprilS, 2005 TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY INLET SUB-COMMITTEE FIELDTRIP AND WORKSHOP Naples, Florida, April 5, 2005 LET IT BE REMEMBERED, that the Coastal Advisory Inlet Sub- Committee Field trip and Workshop in and for the County of Collier, having conducted a field trip and workshop herein, met on this date at 8:00 AM at the Pelican Isle Yacht Club with the Workshop in Building "F of the Government Complex, East Naples, Florida, at 1 :00 PM witfi ."'" fOllot.,-.:-. .__ Halas . members present: ~enning_ ---::::=- oyle _._~,___ Coletta .__.___.__.. CHAIRMAN: Paul Sullivan Heidi Kulpa John Sorey III ALSO PRESENT: Ron Pennington, Coastal Advisory Committee Chairman Maria Bernal, Tourist Tax Coordinator, Tourism Allen Madsen, Tourism Gary McAlpin, Coastal Projects Manager Heidi Ashton, Assistant County Attorney Misc. Corres: Date: Item#: Copies to, 1011 April 5, 2005 . COASTAL ADVISORY INLET SUB-COMMITTEE FIELD TRIP I. Call to Order - 8:00 AM II. Roll Call- The Sub-committee including staff were in attendance as per cover sheet. Others in attendance were: Dick Lydon, Ken Humiston, Susan Stiefel, BJ Savard-Boyer, Michael Poff, David Roellig, Bruce Burkhard Susan Burkhard, John Findley and Joe Moreland. III. Briefing - County Attorney's Office - Heidi Ashton - gave a brief statement concerning the Sunshine Laws. She reminded all those on the Coastal Advisory Committee and the sub-committee to refrain from discussing among themselves anything concerning Wiggins Pass, Clam Pass or any other subject or issues to come before the Board. The boat trip is not a public meeting and minutes will be taken. The public in attendance will be joining the sub-committee on the boat. Staff cannot be used to communicate with other members. Gary McAlpin and Ken Humiston from Coastal Engineering will be a source of information with the accompanying charts available. IV. Meeting Adjournment - the meeting was adjourned to the pontoon boat with a total of 19 passengers. V. Fieldtrip: 1. Boat Tour - Wiggins Pass Gary McAlpin explained the area and showed it on the map. Discussed the hard bottom, coral reef and the dredging at work. (Schneider Dredging) . Dredging boundaries . Cleaning out channel . Sand being pumped up and deposited towards monuments near shore and drifting down towards the beach. . Showed the different channels on the map . Erosion due to increased tidal action Mike PotT - Coastal Engineering hired by some boaters in the area to look at the interior channel. Focusing on the North Channel towards Lee County. Has not been dredged since the 60's. Have had meetings with Commissioner Halas, County Manager Mudd and county staff who are supportive of the project. He mentioned the possibility of establishing an MSBU. Working with the ECA and other interested parties. Need to have a public meeting concerning cost estimates and setting up and the funding of an MSBU. 50 plus I is necessary to establish an MSBU. Remarks and questions: . Working with Lee County -they're more pro-active about dredging their waterways 2 16' 1 . April 5, 2005 . County-wide permit application - DEP (could be county-wide master program for thru WClD Taxing Authority) John Findley showed photos taken February 22, 2005 of the area. Another photo taken on March 25th - showed photos of the cliffs in 2003 from the heavy rains- erosion was blamed on the dredging. Discussed straightening out the channel and a study through CAC being dropped. Current assessments are being done to help the estuary and the water quality. Discussed: . Tidal flows . Cliffs forming . Channel washing away . Different opinions and suggestions Ken Humiston - Humiston & Moore Engineering - gave a bit of history of a feasibility study done a year ago. Talked about: . Maintenance dredging to design depth . 8 to 13 feet . Lot of erosion in the feasibility study Discussed addressing the erosion, which was included in the feasibility study, straightening the channel and the mangroves. The different areas were shown on the map. Approached the dredge - discharge pipe shown and explained - 26,000 cubic yards dredged - will dredge a minimum of 45,000 cubic yards. They are half done and the permit has been extended to May 31 st. More questions were asked concerning: . Models and technology . Markers, permits, Safe Harbor and NOA . The BCC maintaining navigational waters and no funding . Taxing district . County has no funds to maintain markers in the channels . Economic impacts . Property values & benefits . Taxing the boaters . Proposed boardwalk - showed area in Wiggins Pass . Possible shuttling people to the boardwalk . Protecting the mangroves . Removing exotic vegetation . Mitigation The group moved onto Clam Pass at approximately 9:40 AM. 3 16 ij \\ April 5, 2005 " Maps were taken to Clam Pass and explained as they viewed the area. Ken Humiston and David Roellig explained the different areas of past dredging. Discussed the future aspects of the whole pass. Walked to the end of the Pass. Gary McAlpin gave a summary of the Clam Pass tour as follows: . Discussed the Clam Pass Estuary . 1999 dredging for tidal flow . 2002 subsequent dredging . Discussed the pass itself and excretion of approx. 50,000 cubic yards of sand on the north end of the pass . Erosion of23,000 yards south of the pass . Discussed the ebb tide and flood shoals of the Pass and how sand is eroded and deposited inside the Pass . Goal is a comprehensive inlet policy for the county. The field trip ended at 11:30 AM with the Workshop to continue at the Government Center at 1:00 PM. CAC INLET SUB-COMMITTEE WORKSHOP VI. Call to Order -1:00 PM VII. Roll Call: Mr. Sullivan, Mr. Sorey III and Ms. Kulpa were in attendance; members of the sub-committee. Before getting started - Mr. Sullivan had a few remarks. The purpose of the sub-committee was explained by Mr. Pennington with retaining their focus on what is to be funded by tourist tax funds on each of the inlets. They will all be different - but with the same objective. They should have some guidance, parameters and policy established. Come up with a basic policy of what is to be funded by tourist tax funds is their charge. Mr. Sullivan had some ideas he shared with the sub-committee members: . Develop and complete inlet management interlocal agreement with the appropriate municipalities. (5 major passes) . Then what information is to be contained in the interlocal agreements Gary McAlpin suggested an inlet master plan drafted with final approval by the BCC with sub-sections with each pass; and then deal with specifics. Need overall structure rather than dealing with a lot of details. Mr. Sorey agreed with starting with a master plan with the interlocal agreements being a sub-section of the master plan. Discussed objectives: 4 1611 . April 5,2005 . Needing consistency with standards. . Different usages . Water quality and focusing on the beaches surrounding each pass . Inlets being a part of the beach system . Technical details . Beach renourishment purposes . Dredging for navigation (safety) . Not eligible if not beach quality sand . Need to focus on something solid . Clear understanding of overall management plan . Erosion prevention - study Gary McAlpin suggested the discussion of straightening out the Pass (Wiggins)- engineering studies need to be done for each pass for a plan. Discussed the Wiggins Inlet Management Plan, Suggested a past draft of a plan be followed. Gary McAlpin suggested involving the stakeholders - they need to be part of the plan and included in the process. Meetings are public and others are encouraged to attend with ideas and input. lfa study is needed or being done, Mr. Sullivan wishes to still continue and move on with their meetings on policies and decisions and not wait for particular studies to be finished. VIII. Pnblic Comments - None IX. Review and Discnssion of Field Trip Observations: . Lee County being more proactive than Collier County . Helpful for committee to have copies as a model of Lee Counties ideas . MSBU - (MSTU)? Municipal Special Taxing District . Environmental Services responsible for maintaining the county owned markings and navigational aids - no authority for funding - not through Tourist Tax funds- responsibility uncertain . Estuary concerns not their purview . S-Curve was of interest . Deeper dredging can cause faster beach erosion X. Planning and Procedures for Development of Funding Parameters for Inlets 1. Wiggins Pass - Mr. Sorey suggested to provide a completed plan to BCC - get approval or modification and then move on to the others. Mr. Pennington suggested sending a "total" package to the BCC. Would like to ask the County Manager ifhe thinks they should piecemeal it or have all the recommendations together. 5 ')1 t :~ ' JL 0,', ' ". I.. I: ..~. AprilS, 2005 Discussion on the process had advantages and disadvantages. Doing it all together (6 plans) may not get any of them approved. Would rather see if one is approved first, then proceed further. Ken Humiston stated there have been inlet studies done on many of the passes. The State of Florida funded some of it and was done under the States Beach Management's Program. Their purpose was: what impacts adjacent beaches, quantifY them and make recommendations on mitigating the impacts. Gary will get copies of all the plans to the committee. Funding is a major concern if they are going to work with any engineering firms. 2. Clam Pass 3. Set A Timeline and Individual Responsibilities For the Other Four Passes: . The dates for the BCC meetings were discussed going into the summer . Decided to focus on Wiggins Pass first as a prototype being the first step within the master plan Setting up the Master Plan should include: mission/issues to consider/objectives/guidelines and funding. Not detailed but more details in the sub-sections. Details will be in the inlet management plan. A lengthy discussion was held on funding, studies, possible sponsors and asking the County Manager on the funding aspects. Heidi Ashton recommended a dollar value be put on the description of the work they are looking for. This needs to go to the CAC, TDC and Board of County Commissioners before any funds are used. Summary of an "Action Plan" before next meeting: . Master Plan - not detailed . Approach Lee County for management plans . Approach County Manager - Gary McAlpin . Look at Inlet Management Plans- Ken Humiston to make available . Look at Wiggins Pass Plan for expanding upon . Next meeting date to be decided . Goal - present to the BCC for July meeting . Concern of navigational/but need environmental also XI. Public Comments - None XII. Sub-committee Discussion 6 41 (' Ii ! .."- J AprilS, 2005 XIII. Next Meeting DatelLocation I. April 14, 2005 -1:00 PM - Regular Meeting - BCC Boardroom There being no further business for the good of the County, the workshop was adjourned at 2:35 PM. ******** COASTAL ADVISORY INLET MANAGEMENT SUB-COMMITTEE Paul Sullivan, sub-committee chairman 7 04-05-05 Inlet Subcommittee Agenda Page I of2 lb .:~ l 1 . MEETING AGENDA & NOTICE COASTAL ADVISORY INLET MANAGEMENT SUB-COMMITTEE FIELDTRIP AND WORKSHOP TUESDAY, APRIL 5, 2005 FIELDTRIP 8:00 A.M. . Pelican Isle Yacht Club, 410 Dockside Drive, Naples, Florida 34110, WORKSHOP 1:00 P.M. I. CALL TO ORDER RECENEO JAN 0 3 2006 II. ROLL CALL III. BRIEFING - COUNTY ATTORNEY'S OFFICE . hI commissioners Saara ot COun'l v. FIELDTRIP Fiala ; Halas ~ Henning_ ~"'-:;;r--- Coyle __,V/.____ Coletta --, V,. .- IV MEETING ADJOURNMENT 1. Boat Tour - Wiggins Pass 2. Tram. Clam Pass VI CALL TO ORDER -1:00 P.M. - W. HARMON TURNER BUILDING (Administration Building F) Collier County Government Center, 3301 E. Tamiami Trail, Naples) VII. ROLL CALL VIII PUBLIC COMMENTS IX REVIEW AND DISCUSSION OF FIELDTRIP OBSERVATIONS X. PLANNING AND PROCEDURES FOR DEVELOPMENT OF FUNDING PARAMETERS FOR INLETS 1. Wiggins Pass 2. Clam Pass 3. Set a timeline and individual responsibilities for the other four passes XI. PUBLIC COMMENTS XII SUB-COMMITTEE DISCUSSION XIII. NEXT MEETING DA TE/LOCA TION 1. April 14, 2005 -1:00 p.m. - Regular Meeting - Board of County Commissioner's Boardroom XIV ADJOURNMENT All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you ~~ no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Date: Item#: http://www.colliergov.netltdc/cac/04-05-05InletSubcommitteeAgenda.htm Copies td:2/2 I/2005 "\ b (' (" , ) \J '1pa~ 2 of 2 ~\ (.) l~ ..~ 04-05-05 Inlet Subcommittee Agenda '" Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.netltdc/cac/04-05-05InletSubcommitteeAgenda.htm 12/2112005 05-03-05 Agenda Page I of2 1611 · MEETING AGENDA & NOTICE COASTAL ADVISORY INLET MANAGEMENT SUB-COMMITTEE WORKSHOP MEETING TUESDAY, MAY 3, 2005 - 3:00 P.M W. Hannon Turner Building (Administrative Building F) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order RECEIVED JAN 0 3 2006 II. RollCall III. Changes and Approval of Agenda Board of County Commissioners IV. Public Comments V. Approval of Sub-committee Minutes / Fiala ---/, Halas. - v" -: HenOln9- /':: Coyle -=- . II/-=-=- coletta 1. April 5, 2005 VI. Staff Reports VII. New Business VIII. Old Business 1. Draft "General" Inlet Management Plan 2. Draft "Wiggins" Inlet Management Plan 3, Draft Inlet Management Plans for: a. Wiggins Pass b. Clam Pass c. Doctors Pass d. Gordon Pass and e. Caxambas Pass 4. Lee County Management Plan IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting XIII. Adjournment AH interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-a380. M' C es' ISC. orr . Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Date: Item # http://www.colliergov.netltdc/cac/05-03-05Agenda.htm Cop:es t012/21/2005 05-03-05 Agenda lbl Page 2 of2 ., Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to. addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Cieri< to the Board at the Board Minutes and Records Department. http://www.colliergov.net/tdc/cac/05-03-05Agenda.htm 12/21/2005 5-12-05 Inlet Subcommittee Agenda Page lofl 1611 . MEETING AGENDA & NOTICE COASTAL ADVISORY INLET MANAGEMENT SUB-COMMITTEE WORKSHOP MEETING THURSDAY, MAY 12, 2005 -12:30 W. Harmon Turner Building (Administrative Building F, 3rd Floor) Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order II. RollCall III. Changes and Approval of Agenda IV. Public Comments V Approval of Sub-Committee Minutes VI. Staff Reports VII. New Business RECEIVED JAN 0 3 2006 Board of Countv Commissioners Fiala _ / Halas _~/ Henning_~~Y _ Coyle --4- Coletta _.__JI'_______ VIII. Old Business 1. Lee County Management Update Plan 2. Draft "General" Inlet Management Plan IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location 1. June 2, 2005 - 1 :00 - County Manager's Front Conference Room XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. Mise Carres: Date: Item#: http://www.colliergov.net/tdc/cac/S-12-05InletSubcommitteeAgenda.htm Copies In/2l /2005 16 ..~.; .. June 2, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY INLET SUB-COMMITTEE Naples, Florida, June 3, 2005 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Inlet Sub-Committee in and for the County of Collier, having conducted business, met on this date at 1 :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members ) Fiala . Halas ~ . Henning Y. Coyle _~-- Coletta ___ present: CHAIRMAN: Paul Sullivan Heidi Kulpa John Sorey III ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Maria Bernal, Tourist Tax Coordinator Ron Pennington, M,sc Corres: Date Item#: Copies to: 1611 . June 2, 2005 I. The meeting was called to order by Chairman Paul Sullivan at 1 :00 PM. 11. A quorum of the sub-committee was established. Ill. Agenda - No changes. IV. Public Comments - None V. Approval of Sub-Committee Minutes - May 3, 2005 and May 12,2005 A correction of inserting the word "of' in between the words "couple" and "years" on the minutes for May 12,2005 uuder Staff Reports first bullet point. Mr. Sorey moved to approve the minutes of May 3,2005 and May 12,2005 with changes. Second by Ms. Kulpa. Carried unanimously 3-0. VI. Staff Reports Gary McAlpin- * Hideaway Beach should be completed at the end of the week. There was only one false crawl for the Turtles. * Schneider Dredging has finish up. * Authorization has been given by the Fish and Wildlife Federation for the County to write a balanced opinion that will be reviewed; if the Fish and Wildlife Federation feel it is balanced then it can be used. * There is an aggressive schedule for this season. Mr. Pennington- * Three bids have been received for Doctors Pass. * It is anticipated that the City Council will reward the bid to the company Lake Michigan, * Dredging should commence toward the end of July. * The sand is being deposited off of the beach so dredging can occur during Turtle nesting season. Gary McAlpin will arrange for a presentation of dredging techniques for the next full Committee meeting, VIl. New Business - None VIIl. Old Business 1. Draft "General" Inlet Management Plan 2 1611 . June 2, 2005 Mr. McAlpin distributed copies of the revised draft for the "Coastal Advisory Committee Inlet Policy and Funding Guideline for Tourist Development Taxes". The engineering schematics will be added on, This document is in addition to the current policy. This draft is the first step; the second step is to look into any additions needed. Discussion on the exclusive use of beach compatible sand placed on the beaches. Inlets are included in the restoration if the sand is usable. At times it is not necessarily that the beaches need renourishment, it is done because the passes have built up and need dredging for navigation. Mr. McAlpin suggested taking two documents to the County, one as it is and one that has been revised. With another meeting discussion points can be developed. Mr. Pennington- The objective for starting this committee was continued education in various areas and to develop a draft document on tourism tax use. Suggested Changes- Caxambas Pass * Use the language "resolution" instead of "interlocal agreement". * Mr. McAlpin will draft an initial interlocal agreement. * Marco Island could have a special taxing district for Caxambas Pass. Gordon Pass No Changes Mr. Pennington will speak to Humiston & More to get more specific information. Doctors Pass No Changes Clam Pass Kyle Lukasz, Operations Field Manager for Pelican Bay Services- It would be good to stay within the current permits. Records of the Pass have been kept and monitored. The language for Clam Pass could be modified to read "Consistent with maintenance history and the Clam Pass Inlet Management Plan, Tourist Development Tax will be used for maintenance dredging to remove the beach compatible sand in the flood and ebb tide shoals as defined in Exhibit B and consistent with the Clam Bay restoration permit." * Exhibit B will be created and attached. 3 1611 . June 2, 2005 * The exhibits on all Passes will be on the web site. * Interested Public will be able to attend the discussion. Wi!!!!ins Pass No Changes Di!! Marco/Capri Pass * Mr. McAlpin will draft an initial interlocal agreement. Ms. Kulpa moved to accept changes of the draft and actions to be taken. Second by Mr. Sorey. Motions carries 3-0. * Mr. Sullivan will look into the persons needed to come together for Marco Island. * Mr. Mudd will need to be active in the interlocal agreement draft. * The draft will be revised for the C.A.C. full committee meeting on June 9th. IX. Public Comments - None X. Announcements - None XI. Committee Member Discussion - None XII. Next Meeting DatelLocation - August 4, 2005, location to be determined. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:45 PM. COLLIER COUNTY COASTAL ADVISORY INLET SUB-COMMITTEE Paul Sullivan, Sub-Committee Chairman 4 ; 1I.gerfda Item V-1 1 of3 October 13, 2005 ..,1 16~1. Q August 11, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY INLET SUB-COMMITIEE WORKSHOP Naples, Florida, August 11.2005 / / Fiala ~ ~ Halas ~ Henning . Coyle ~~. -.. Coletta _~_-=-.-= LET IT BE REMEMBERED, that the Collier County Coastal Advisory Inlet Sub-Committee Workshop in and for the County of Collier. having conducted business herein. met on this date at 12:30 PM in REGULAR SESSION in Building"F of the Government Complex. 2nd Floor. East Naples, Florida, with the following members present: CHAIRMAN: Paul Sullivan Heidi Kulpa John Sorey III (Excused) ALSO PRESENT: Maria Bernal. Tourist Tax Coordinlltnr Gmy McAlpin. Coastal Projects Manager Ron Pennington, CAC MISC. Carres: Date 1 Item#: Copies to: 1611 , Agenda Item V-1 August II. 2005 2of3 Oct~bi1.13m~ig was cded to order by Cluinull Paul SuIIiv.. at 12:30 PM. n. A quorum of the su~ittee was establis.ed. IlL Cbanges & Approval of Agenda - None IV. Public Comments - None V. Approval of Snb-C_ittee MiIl1des - June 2, 2005 Page 2 (correa t,.... error to ~.... dIa-se date _ Head ..eet to June 2nd. VL Staff Report VIIL Old Business 1. Inlet Policy & Fuudias Guidelines for Tourist Development Taxes Updated with Mafto IsIaud eo.....: . Mr. SoIliY.. reviewed their pest IIIt'Jding in which they stated they were to hold public meetings with the various areas of the County. Each of the members on the Sub-Committee would meet with their individual areas. Mr. Sorey stated the City of Naples was comfortable with what was put together and did not need a meeting. . Mr. Sullivan reported he and Gary McAlpin had a meeting with Marco Island residents in which there was a large turn out. (July 26th) The City of Marco staff&; other Chairman in .-....t.nce wm\: Bill MossICity Manager, Nancy RitchielEnvironmental Specialist, City Financial Director, City Public Works Director, Chairman of the Marco Beach Committee, VICe Chairman of the Marco Waterways Committee, and the Representative from Marco Island yacht Club. . Was a very Productive and helpful meeting. . After nwch diswssion it was agreed they would extend the Capri Pass further down and modifY marlrings on the cbanneI. . Caxarnbas Pass - agreed to extension . City of Marco - knowing it wasn't part ofCAC - asked if they could look at a pump-out station at Caxambas Park at the boat ramp. (parks &; Rec issue) VB. New Business Gary McAlpin reported 8D various items: . They haven't met with people at north end of County with WIggins Pass &; Clam Pass because of controversy with the two Passes. . Invited the State from Tallah.-we fur a series ofWorItshops so they know what they can and cannot do. Need to know what the State will permit. Will then present the IO-year plan on beal:hes &; inlets. . Interlocal Agreements - agreed not to pursue until meeting with the BCC and pursuing policy - then more detailed infurmation will be given. 2 . 16 i, 0 , ,Agenda Item V-1 August 1 (2005 30f3 October 13, 2005 . Need to work out logistics and bow involved CAC WlUIts to be in the meetings. . Approx. 3 weeks ago Mr, McAlpin and Mr. PemingtOll met with the County Manger for input concerning modifications of the Policy and what the BCC will and will not support. The County Manager stated they were in support of the inlet policy with all the passes and inlets with the exception of Big Marco River/Capri Pass area. They did not desire to pursue anything concerning Hideaway Beach. . There was discussion 011 the differential of Big Marco & Capri Pass. Mr. Sullivan was frustrated with staff in not being kept abreast of the meeting with the County Manager "befortl' his meeting with the Marco Island public. He was confused about the County Managen input and opposition of omitting Capri Pass. . Heidi had a question concerning the HlSinrcing study for Clam Pass. She asked how they could do an eJlgi.-ing study separate ftom their Sub- Committee. She would like to see an eI'l9uvwi.1jJ study on Wiggins Pass as it is as controversial as Clam Pass. . Mr. Pennington reminded the Sub-Committee members of their direction being "what is to be funded by Tourist Taxes." Any other items are for discussion with the full Coastal Advisory Committee. . Mr. Sullivan agreed to keep other items of dillals..'lion for CAC or possibly another Sub-Committee. X. Announcements - None XL Committee Manber DiK__ - None xu. Next Meeting >>atrJLocation - Mr. Sullivan wished to wait until the CAC meeting before deciding on another Sub-Committee meeting. Then being no fnrtherb...iIIaI fer tIte pod oftlleColnlty, tile me -:"Ill'U adjoumed by order of tile CIIllir at 12:53 PM. COLLIER COUNTY COASTAL ADVISORY INLET SUB-COMMITI'EE Paul Sulliv.... Sub-Comlllittee Clt8inDan 3 . p-2-05 Inlet Subcommittee Agenda Page I 01 I lb 11 . MEETING AGENDA & NOTICE COASTAL ADVISORY INLET MANAGEMENT SUB-COMMITTEE WORKSHOP MEETING THURSDAY, AUGUST ii, 2005 -12:30 W. Harmon Turner Building (Administrative Building F, 2nd Floor) County Manager's Conference Room, Collier County Government Center, 3301 E. Tamiami Trail, Naples I. Call to Order II. RollCall III. Changes and Approval of Agenda IV. Public Comments V. Approval of Sub-Committee Minutes 1, June 2, 2005 VI. Staff Reports VII. New Business VIII. Old Business RECEIVED JAN 0 3 2006 Board of County Commissioners Fiala V Halas ~ Henning Coyle Coletta _._ . 1. IInlet Policy and funding Guidelines for Tourist Development Taxes updated with Marco Island Comments IX. Public Comments X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Maria Bernal at (239) 213-2966. 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 Deparbnent located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (induding, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. MISC. Corres: Date: Item#: http://www.colliergov.net/tdc/cac/6-2-05InletSubcommitteeAgenda.htm Copies tl/2/2l/2005 .6-2-05 Inlet Subcommittee Agenda Page 2 of2 l6 \ If you are a person with a disability who needs any accommodation in order to participate i proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Pleaf contact the Collier County Facilities Management Department located at 3301 East Tamia, Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in an lobbying activities (including. but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, regi!:' with the Clerk to the Board at the Board Minutes and Records Department. r ~"Get Aaobat .... Rea I!f In order to view the pdf files above, you must download Adobe Acrobat Reader. Print a copy of this page. Home I Jobs I Using Our Site I Contact Us I Disclaimer I Privacy Contact the webmaster for technical questions about our web site. Copyright C> 2000 - 2004 Collier County Government. All Rights Reserved. Usage is licensed under the terms of the GNU Public License. Any other usage is strictly prohibited http://www.colliergov.netltdc/cac/6-2-05InletSubcommitteeAgenda.htm 12/21/2005 01/10/06 12:06 FAX 6433266 COLLIER COUNTY 16r1 . AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD E1,' Fiala Halas- ' Henning_- ~-- ~oyle --7'--- Coletta ._-,- -.--..- DATE: JANUARY 18,2006 TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX 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 THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: October 19, 2005 and October 31, 2005 - Emergency Meeting V. DISCUSSION: VI. NEW BUSINESS: Claudia A. Sacacian - Request to qualify a 2"' entity. Stephen Scire - Request to qualify a 2'. entity. VII. OLD BUSINESS: VIII PUBLIC HEARINGS: Case # 2006-01 Mr. Fiddes vs Rolando Rodriguez D/B/A On The Level Builders, Inc. Case # 2006-02 Jerry Prud'Homme vs Grimaldo Bravo D/B/A Bravo Design/Build, Inc, IX REPORTS: X. NEXT MEETING DATE: Wednesday, February 15, 2006 Misc. Corres: Date d j; Lj /01:, I Itemlt //0..2:,;) c: (s) Copies to: 1611 . DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA January 4, 2006 3:30 p.m. Conference Room 610 I. Approval of Agenda II. Approval of Minutes - December 7, 2005 III. Appointment of Officers · DSAC Chairman and Vice Chairman . Subcommittee Chairmen < ~i he: IV. Staff Announcements A. Community Development & Environmental Services Update - Joe J Schmitt B. Transportation Division Update - Don Scott . Fiala ~ C. Public Utilities Division Update - Roy Anderson H I ---- D. Fire Review Update - Ed Riley Hanas --- e nmg-;y_'__' IV. New Business g~~~a 7~~=~~_~ A. Fire Impact Fee Study Update - Amy Patterson B. EMS Impact Fee Study Update - Amy Patterson C. Discussion re Road Impact Fee Update - Phil Tindall D. Recommendation re Flood Ordinance - Robert Wiley E. Review of Statistics regarding Population, Trends and Development/AUIR Report - Joe Schmitt F. Discussion re Multiple SOP Submittals on Single (Unplatted) Parcel- Robert Mulhere V. Old Business VI. Subcommittee Reports A. Land Development Regulation - Tom Masters B, Budget & Operations - Peter Van Arsdale C. Utility Code VII. Committee Member Comments VIII. Next Meeting Date - February 1,2006 (Room 610) - 3:30 p.m. IX. Adjournment Misc. C0rr6s: Date c9/I'-I/Oh I Item# liP:LcQ C.L~) Copies to: "1 ,'1 t'. 'ji ~ ""'" L ~.. " January 4, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, January 4,2006 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:30 P.M. in REGULAR SESSION in Conference Room 610 in the Collier County Development Service Center, Naples, Florida, with the following members present: CHAIRMAN: Robert Mulhere Charles M. Abbot Clay C. Brooker Dalas D. Disney David Dunnavant Thomas Masters Fred Reischl MEMBERS ABSENT: Marco Espinar Brian Jones Jason Mikes MEMBERS EXCUSED: Blair Foley George Hermanson Peter VanArsdale STAFF PRESENT: Joseph Schmitt, Administrator, CDES Sandra Lea, CDES Administration Ed Riley, Fire Code Official Amy Patterson, Impact Fee Mgr. Denny Baker, Operations. Support & Housing Paula Fleishman, Impact Fee Phil Gramatges, PUED Bill Hammond, Bldg Rev. & Perm. Stan Chrzanowski, Tom Kuck and RobertWiley -Engineering Services Don Scott, Phil Tindall, Trinity Scott - Transportation Marjorie Student, Assistant County Attorney 1611 . January 4, 2006 ALSO PRESENT: Wayne Arnold, Q. Grady Minor Emilio Robau, RWA Ed Griffith, WCI Comm. Chairman Robert Mulhere called the meeting to order at 3:44 PM after a quorum was declared present. I. APPROVAL OF AGENDA On motion duly made by David Dunnavant, seconded by Tom Masters and unanimously carried (7-0), the agenda was approved with the following additions/amendments: I. Include approval of September 14,2005 meeting minutes 2. Noting two items numbered IV, correct item IV.(New Business) is to be item V and the five following items renumbered sequentially. 3. At the request of Bob Mulhere, discussion on Item V-F will precede Item IV- Staff Announcements. II. APPROVAL OF MINUTES On motion duly made by Dalas Disney, seconded by Charles Abbott and unanimously carried (7-0), the minutes of the September 14, 2005 and December 7, 2005 meetings were approved. Ill. APPOINTMENT OF OFFICERS On motion duly made by Robert Mulhere, seconded by Dalas Disney and carried 6-0 with Clay Brooker abstaining, Clay Brooker was appointed Chairman of the Development Services Advisory Committee On motion duly made by Tom Masters, seconded by Dalas Disney and unanimously carried 7-0, David Dunnavant was appointed Vice Chairman of the Development Services Advisory Committee. At this time, Clay Brooker assumed the Chair. Following discussion and on motion duly made by Bob Mulhere, seconded by Tom Masters and unanimously carried (7-0), it was agreed that appointment of Subcommittee Chairmen for 2006 will be postponed until the February 1,2006 DSAC meeting at which time a full complement of members will have been appointed by the Board of County Commissioners. 2 1611 . January 4, 2006 V. NEW BUSINESS F. Robert Mulhere conducted discussion on multiple SDP submittals for single parcels (unplatted). Discussed were issues of: . folio # tracking problems -County needs # for GIS . working with staff to simplifY software changes . permitting problems and multiple procedural methods on same property . creating process where a temporary parcel number is involved in all projects within a bigger project under folio tracking number . can review both as project goes along; can check against master plan . working with tax appraiser to be in sync with development plans Committee favored multiple SDPs and finding solution to have procedural problems addressed by staff. Following discussion and on motion duly made by Robert Mulhere, seconded by Dalas Disney and unanimously carried (7-0), the DSAC agreed to support the development of a process that will result in multiple SDP submittals on a single (unplatted) piece of property as well as a process that would allow submittal of a temporary sales facility outside the SDP process. IV. STAFF ANNOUNCEMENTS A. Community Development & Environmental Services Update Joe Schmitt, Administrator, reported that the AUIR will be reviewed by the CCPC on Thursday, January 5, 2006. He will present the AUIR to DSAC at a later date. B. Transportation Division Update---See Item V-C. C. Public Utilities Update--Report by Phil Gramatges on continuing work on master plan of capital projects for next twenty years with emphasis on next five years D. Fire Review Update-Ed Riley reported on hiring of new plan reviewer. No room to expand. Looking to build new building on other side of Credit Union. Bill Hammond addressed moves planned to assist plan review with ease of workflow V. NEW BUSINESS A. Fire Impact Study Update - (Handout) Report was given by Amy Patterson, Impact Fee Manager, who explained that update survey is required every three years. She then covered information in the packet handout and explained the fee indexing method based on the 3 .1 h'I1 .~ .. . January 4,2006 Consumer Price Index, the County's authority, re-development credit and the fee schedules. B. EMS Impact Fee Study Update-(Handout) Amy Patterson also provided gave this three-year study based on most recent CPI data on three areas--land, building and equipment costs. Studies will go to BCC February 14,2006. Probably not implemented before April I, 2006. Robert Mulhere moved to accept both Impact Fee Reports. Second by Tom Masters. Carried unanimously 7-0. C. Discussion regarding Road Impact Fee Update - (Handout) Phil Tindell, Transportation Planning, reported on preliminary estimates, from forthcoming Update Study, of 13.3% increase in lane mile costs. Rate increases between 30% and 50% for various priced homes. Cited need for updating indexing methodology regarding Right of Way costs. Migration East will incur more mitigation costs due to wetlands. Foresees greater revenue credit to off-set rate increase. Don Scott, Director Transportation Planning, estimated a 70% increase over engineer's estimate for County Rd. 951 expansion. Fill costs skyrocketed due to supply decrease and huge demand. Study Report will come before BCC at end of March meeting. Discussion and questions followed regarding solutions to the escalating costs including support of legislation that permits mining in coastal-sensitive areas. D. Recommendation regarding Flood Ordinance Robert Wiley, Engineering Services, discussed information regarding the proposed Flood Damage Prevention Regulation Development Impact Analysis, noting that the Flood Ordinance will be presented for consideration by the CCPC on January 19, 2006. He stated that the BCC requested a workshop to discuss each issue separately and further requested specific recommendations from DSAC regarding all issues. Many questions arose on the items to be considered in the presentation. After much discussion, the Committee decided that consideration of the Proposed Ordinance should be postponed to the February 1,2006 DSAC meeting. VI. OLD BUSINESS- None VII. SUBCOMMITTEE REPORTS A. Land Development Regulation - No report 4 It;'l. <!l January 4, 2006 B. Budget & Operations- No Report C. Utility Code- No Report VIII. COMMITTEE MEMBER COMMENTS- None IX. NEXT MEETING DATE The next meeting of the Development Services Advisory Committee will be held on Wednesday, February 1,2006, at 3:30 p.m. in Conference Room 610 of the Development Services Building. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:15 PM. ************ Development Services Advisory Committee Clay C. Brooker, Chairman 5 1611 . COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) January 26, 2005 Board of Connty Commissioners Meeting Room Fiala *J_ Halas _ __ Henning_ __.. Coyle _..~___ Coletta ." ..L___.___ Fay Biles, Chairman - District #1 Commission District - Present Bob Laird - District 1 - At Large - Absent Heather RockcastIe - District 1- At Large -Absent Denver Stone - District 2 Commission District - Absent Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Present Deborah Wright - District 5 Commission District - Present Gail Dolan - Naples Community Hospital - Present Jim McEvoy, Chief - City of Naples Police and Emergency Services - Absent Judith Nuland - Collier County Health Department - Present Michael Murphy - Chief - City of Marco Fire and Rescue - Present Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Present Dr. Joel Moll, - Cleveland Hospital - Present AI Beatty, Captain, Collier County Sheriffs Office - Present Chairwoman Biles called the meeting to order. The Minutes of the last two meetings needed to be approved. A quorum was not present for the November meeting. Mr. Bridges made a motion for the minutes of the November 4, 2004 be approved, seconded by Ms. Wright. Mr. Bridges made the motion for the minutes of the December 7, 2004 meeting to be approved, seconded by Mr. Dowd. The minutes were approved unanimously. OLD BUSINESS: ALS Engine Update: Chief Page asked Chief Bowman to give an update on the ALS Program. The ALS engine is up in Isles of Capri and North Naples is still in the process. Division Chief Bowman stated the North Naples Fire Department had a few issues on Operations they wanted their attorney to look over. Chief German should have a response by the end of the week. The EMS personnel are ready to go and can move forward right away. Chief Potteiger asked how many apparatus would they start with? Chief Bowman stated there would be 7 intermediate apparatus and 1 full ALS engine by the time it is fully in gear. The first day a full ALS engine would be in operation and probably 2 intermediate. In the next month or two everything should be up and running. 1 Mise, Corres: Date C) /1'-1 I()fn Item# /hJ Q C(7) Copies to: 1 t~:~, <' e NEW BUSINESS: Chief Page introduced Dan Summers, Director of Emergency Services Bureau. Mr. Summers introduced Jamie Sarbaugh, Emergency Services Coordinator with the PIO for Emergency Services. Jamie comes from the University of North Texas outside of Denton. They have the premier program in Emergency Management. She has a Bachelor of Science degree in Emergency Management. She has local government intern experience at the Emergency Management level as well. She has also attended the FEMA training on Hurricane Operations. Jamie Sarbaugh said she was very excited to be a part of Collier County and to work witb Mr. Summers. It is a huge opportunity for her. If there is anything she can do for the EMSAC Council she will be happy to assist. Chief Potteiger inqnired as to what happened to Camden Smith? Chief Page stated she took a PIO position with Public Services. Mr. Summers stated Jamie would be enhancing the entire Emergency Management Bureau that includes EMS, Helicopter Operations, Isle of Capri and Ochopee Fire Departments. Certificate of Need Revision: Chief Page stated he had sent a copy of revisions that would be forthcoming. It has not been advertised as yet and will not go before the Board before the meeting of February 22. The COPCN has had eight words deleted from the existing COPCN revision of Ordinance 2004-12. The words actually requiring a stretcher transport unit would have to obtain a COPCN even if they were not providing medical care. There were a number of agencies locally that operated for several years providing this service. They were basically operating under a taxi license. The taxi ordinance provided that operation to occur; however the County Attorney's position was the COPCN Ordinance trumped the Taxi Ordinance. The Board requested we come back in December, after the AUIR review and report to them what our recommendation would be. After looking at this for several months the number of transports that were occurring each day, the amount of revenue generated, also Medicare and Medicaid, off the record, advised us not to submit those transports for payment they would not be considered. MedicareIMedicaid felt they did not meet the criteria. The collection rate is typically very low for this type of transport. Our recommendation to the Board in the management meeting was we discontinue that part of the service and allow it to fall under the Taxi Ordinance and revise the COPCN Ordinance to reflect the change. An Executive Summary will be prepared next week, a copy will be sent to the Council, and it go before the Board on February 22. Chief Page stated the only change wonld be on Page 2 - Section 4 - Item E eight words have an overstrike. They are "or who must be carried on a stretcher". Chief Murphy had a comment. Anytime the COPCN Ordinance is opened he thought it was a major issue, not a minor one. 2 1611 . He does not believe this change, to let stretcher transports fall under a taxi ordinance, is in the best interest of Collier County. He felt it is critical for EMS and this Board to regulate ambulance transports on a stretcher, emergency or non-emergency. Chief Murphy had some recommendations for the Board to review (they were past out). He suggested the Board go over them today or have a workshop for recommendations. He recommended that the whole section where the eight words are located be removed. Another suggestion was the wording he would like to see inserted on page 6. Under the classification of Ordinance #1 the Board create three additional classes of licensure within the County. One would be ALS Air Rescue. One would be BLS transport and the third would be Special Needs transport. Anytime someone is placed on a stretcher, they need to be covered by a COPCN Ordinance not a Taxi Cab Ordinance. The same holds true for ambulances that transport patients by a wheelchair. This way the transport can be regulated if the patient is ill or being cared for in a proper manner. Chief Page responded in regards to the special needs transport. The COPCN for the County actually does contract with a provider to provide that service independently of EMS. That is addressed in the COPCN. It goes back to Section 4 and the County contracting with agencies that are exempt from this COPCN requirement. Chief Potteiger stated when the Advisory Board went through the last revision of the COPCN that they agreed not opened this up again. We had real concerns when we opened it up the last time. Chief Page said we would come back to the Board when necessary to address the issue. One of the issues was if we continue to take these types of transports we would have to establish an additional growth unit along with the additional growth unit we were going to purchase in FY06. Based on the cost of establishing a station, a unit, and hiring personnel it is not cost effective. This type of unit is not an ambulance it tends to be a van. There is usually a driver in the front with no attendee in the back. It is a transport of convenience not becanse they are requiring medical treatment. That is what separates it from something required to have a COPCN reqnirement, the fact there is no medical intervention, no oxygen. Chairwoman Biles wanted to open this up for discussion of the Council members. Ms. Nuland wanted to know if these patients need to be transported to a physician's office or if some of them could drive themselves. Ms. Dolan stated she could not agree more. These are people who are going to a doctor's office or other medical facility in the County for an appointment or treatment and go back to their residency. Why would EMS want to be involved in this type of transport? Chief Murphy stated he doesn't believe the ambulance should transport individuals for appointments, however if they reqnire a stretcher they need someone to have the responsibility of the transport. The taxi cab people should not be in the medical transport business. He wanted to know who regulated the taxis? Who inspects them, who handle the permitting? Mr. Bridges felt that a person who needed a stretcher had a higher possibility for medical intervention. He stated the Council had heard the transport agencies go through debate several months ago to lobby and make the changes with their lawyers. It was his understanding the Council voted not to endorse the change. He questions all of this. 3 ri U 'I ;\ ..4. u J.. fi Chief Page reminded the Council when they reviewed the COPCN before there were three agencies at the meeting. Two of the agencies were asking to obtain a COPCN for BLS and/or ALS license for transport vehicle. That is totally different from what we are discussing at this time. Those transports would have someone in the back of the unit providing medical intervention or care. We are discussing a one stretcher with a driver up front and the patient on the stretcher in the back is unattended. The two are totally different. Chairwoman Biles asked how did this change from the time we voted previously until now? Who got involved in this change? Chief Page stated the Board was informed that we would come back and revisit this in December during the AUIR meetings. That is exactly wbat happen. Chairwoman Biles wanted to know who was involved? Chief Page stated the Planning Board. They recommendation was made to go back and revise the COPCN. Chairwoman Biles wanted to know who made the decision? Chief Page stated he made the recommendation to the Planning Board that we revise the COPCN and go back to the former status and have the non-emergency stretcher transports under the taxi ordinance. Chairwoman Biles inquired how the Planning Board reacted? Chief Page stated there were no objections. Chief Murphy wanted to make a point of clarification. He was not necessarily objecting to the EMS request, to get out of the non-emergency transport system. He is not in disagreement with that, if it is an economic issue and if it is the right interest of the County that they not transport these patients, he understands. His concern comes from his belief the two sections the wheel-chair transport and stretcher transports truly belong as in most Ordinances in most Counties, not under a Taxi Cab Ordinance but under the COPCN Ordinance as a class of permit. Mr. Summers stated he wanted to share an observation. What is driving this from what is a traditional ambulance ALSIBLS service is, with the aging population, we are seeing a new patient market. That new patient is a person who from an ALS perspective is relatively stable but needs a more economical version of transportation to and from doctor's facilities. The market dynamics nationwide, where a lot of recuperation is done at home, is what is driving the taxicab or non-emergency stretcher transports. He is not disagreeing with regulation, or with the permitting process but he thinks we have a new transportation need or market. It is not generally cost effective to put $120,000 ALS ambulance in this market when it can be provided by a private company for a lot less cost. It is a concern. Chief Potteiger wanted to know if somebody calls dispatch to reserve an ambulance to go to the doctor because they can't walk. Does dispatch refer them to a taxicab. Do they refer them to either a BLS transport or another service. Captain Beatty stated they are not referred to anyone else but EMS. 4 16\1 . Chief Page stated there are several agencies listed for amhnlatory transports and traditionally the hospital and nnrsing homes ntilize those transports. Chief Murphy asked what was the objection to keeping it under the EMS permitting? Chief Page felt if no medical intervention was required, the County provides a special needs transport, TLC. The patients shonld use this service for transport of a stretcher to a dentist, to a doctor's office or other medical facilities, as long as they did not require oxygen, medical intervention or services. Chairwoman Biles wanted to know what would prevent hordes of these services from coming into the County without a special permitting process? Chief Page stated they have come and gone over the past several years. They can do handle these transports a lot more cost effective than EMS. Ms. Dolan stated there is a nursing home or assisted living facility on every corner and we need more. Many of the population are of the caliber that needs treatment, but they are not sick people, such as going to the hospital type of sick, so transporting them to the medical facility they need becomes a part of their daily living. Chief Murphy stated again he does not believe these transports belong under a Taxicab Ordinance; they should be pennitted so they can be monitored. Mr. Summer's advised the Council the feedback is always welcome and there is always an opportunity to come back and be revaluated. Chairwoman Biles stated the Council needed to move forward. She didn't feel a decision should be made today. She thought the Board should be advised they were not ready to give a recommendation on this without a discussion. She would write to the Board and ask for this issue to be postponed. Chief Murphy made a motion to ask the Board not to move forward with the agenda item concerning the COPCN for the non-transport ambulance service. The motion was second by Dr. Mohl. Motion approved with one Opposed vote. Chairwoman Biles will have a workshop concerning the COPCN. The Council will be notified of the time, date and place. OW BUSINESS: Letters of Appreciation were handed out to the Council members. Training Report - Chief Aguilera Division Chief Agnilera reported the following on the Quarterly Perfonnance Report: Cardiac Arrest Patients Down in Full Arrest with pulses on delivery to the hospital - FYOS 1 ,t quarter - 36% down 6% from the first quarter last year. Overall we are still above the National average. Same patients discharged from hospital-14% FTOS 1" quarter - 3% down from the first quarter last year. We are still way above National average. 5 1611 . Adult Intubations - Will provide accurate rates when he can mail the report. Amount of AED's deployed - We are up 24, we have deployed 31 this month. The Board went ahead and agreed to purchase the 125 AED's for the Sheriff's Office. These were the AED's that had been used for had for the post market evaluation. There are now approximately 550 + AED's deployed in Collier County. The training hours have gone way up. The l,t quarter was 2,003 hours, 1700 greater than the last quarter. The Naples Fire Department has been receiving their training at the Training Center for the Intermediate Program. The training staff spent October, November and December finishing up the Acute Stroke Management Class along with the 12 Lead. The Board approved the purchase of the 15 Audicor machines. We have received two that have been installed. We will be doing a data collection on the Audicor. We will be doing a SCIOS study. Scios is a medication that is currently used in the hospitals. It potentially has a new application in the outer hospital environment with the Paramedics for the treatment of Congestive Heart Failure patients. We are putting an application in with SCIOS at this time. They will be reviewing it and we should have an answer by third week of February if they will fund the study or not. The Board also approved the purchase of the Autopulse. We purchased a total of 28. One will be on every truck on the road. We will keep the Council update on the progress. The American Heart Association during the 1" week of February will hold their Heart Awareness Week. The NBC affiliate from Miami will be doing a program on this and the Autopulse. We are the largest EMS in the nation that has the Autopulse system wide. Dr. Moll wanted to know if the medics were looking at asystole. Chief Aguilera answered yes and we will keep the Council updated as to the data collected. Chief Murphy inquired about the law changing on the scripts. Chief Aguilera stated Phillips could now sell their products without a prescription. Mr. Summers stated they have fax number for over 600 organizations for a blast fax, and the Autopulse article would be a great item to put out for the community. Chief Potteiger informed Ms. Sarbaugh he would like to see some articles on the EMSAC Board in the newsletter. Chief Page provided to the Council two Executive Summaries that would go to the Board on February 8. One was to remove bad debts, that have been old the books for years. The other was for recommendation to terminate the contract with Henderson, Young and Company in reference to the EMS Impact Fee Update Study waive the formal competition process and solicit proposals to select a new consultant to update the EMS Impact Fee study. Chief Potteiger made the motion to adjourn, second by Dr. Moll. 6 It. 'I O~ .,:1 Next meeting February 23,2005 7 16'1 . EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) AGENDA MEETING TO BE HELD: BOARD OF COLLIER COUNTY COMMISSIONERS CHAMBERS 3RD Floor - W. Harmon Turner Building - (Administration Building F) 3301 East Tamiami Trail, Naples, Florida January 26, 2005 2:00 P.M. CALL TO ORDER APPROVAL OF MINUTES OLD BUSINESS: Update on ALS Engine Programs NEW BUSINESS: Introduction of Jamie Sarbaugh - Emergency Services Bureau PIO .' Certificate of Need Revision Letters of Appreciation Training Report - Jorge Aguilera Audicorl AutoPulse " SCIOS Study Quarterly Reports Items From Advisory Board Members 16i COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC WORKSHOP MEETING) February 18, 2005 Fiala +/ .' Halas . Henning ,.-. Coyle --7' .~. Coletta ... _____, Fay Biles, Chairman - District #1 Commission District - Present Bob Laird - District 1 - At Large - Absent Heather Rockcastle - District 1 - At Large -Absent Denver Stone - District 2 Commission District - Absent Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Present Deborah Wright - District 5 Commission District - Abseut Gail Dolan - Naples Community Hospital - Present Jim McEvoy, Chief - City of Naples Police and Emergency Services - Absent Judith Nulaud - Collier County Health Department - Absent Michael Murphy - Chief - City of Marco Fire and Rescue - Absent Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Present Dr. Joel Moll, - Cleveland Hospital - Absent AI Beatty, Captain, Collier County Sheriffs Office - Absent Chairwoman Biles called the Workshop to order. Chief Page handed out the position page recommendation from Chief Murphy stating he would like to see the workshop extended so the Council would have time to review the complete COPCN Ordinance. Chief Page also handed out the Ordinance with the eight words recommended to be omitted (designated by strike through) and the Vehicle for Hire Ordinance. Chief Potteiger stated he understood the proposal wasn't to allow for private ambulances to provide transport. He thought it was to put them under the Vehicle for Hire Ordinance. Chief Page stated the vehicles for hire that have no one in the back and provide no medical intervention currently report to the Vehicle for Hire Board. Chief Potteiger stated Chief Page had to remove the langnage from the COPCN Ordinance in order to allow private companies to resume transport of stretcher patients not requiring medical treatment. An ambulance would have to be licensed through the State and through EM SAC. Chief Page stated the County would have to provide them a COPCN that would allow them, just as NCH did, to apply for a state license. " Mr. Dowd stated the Vehicle for Hire Ordinance states these are not ambulances; they are not .m'''''''' ..b"lm Ib.t en' t''''p,rt ''''''b': P.ti,,:_d moo"" .<<~;\ G\~"'- Item#: Copies to' 1611 . Chief Page stated these private agencies have been operating under the Vehicle for Hire Ordinance for several years and the position of EMS, when we went to the BCC, with the Growth Plan, was to eliminate EMS from providing this service and to go back to the way it was in order to reduce the number of calls. The EMS response times are taking a hit as a result of EMS providing these transports between the hospitals to the nursing home. These calls primarily consist of patients that are stretcher bound and do not require any medical attention. No medical treatment transports were traditionally handled by these private agencies. There is usually no one in the back except the person being transported. Chief Potteiger wanted to know if the taxis were allow to charge Medicare for these services. Chief Page stated they could not. Medicare does allow for stretcher bound transports, but we were told up front, they would not pay for these stretcher patients. We are actually billing the patient $250 if they go private it would be less than $100. If EMS is going to remove the non- emergency agencies from the Vehicle for Hire Ordinance and put them under the EMS Ordinance that means they would have to report to the EMSAC Advisory. EMSAC and the BCC would have to set the rate for the transport. Mr. Dowd stated he didn't want to get involved with that. However, he felt there should be some provision to allow for EMS to be made aware of who is making these transports. Chief Page thought the Vehicle for Hire Board did a good job of policing these services. Ms. Dolan wanted to know why EMS would want to be all things to all people. You can't do it because financially the majority of the transports are not going to pay for the service. Mr. Dowd thought there should be some coutrol by the County. When a citizen looks at these vehicles they automatically think they are ambulances. He thought the public felt that there is some control by the County. Leave it as a taxi service, let them manage it, but EMS should have a list of who is out there and who they are. This shouldn't cost much. Chairwoman Biles wanted to know who was the chairman of their Advisory Committee? She thought maybe they could come and report once in a while to the EMSAC Board. Chief Page stated their activities are monitored, especially the newer ones. Recently one of the new providers became an oxygen provider. They would have a doctor write a script for someone for the transport that they could be on oxygen. The law allows them, if the patient has oxygen in their own home, they can bring it onto the truck or the taxi. What they cannot do is have it established on the truck and administer oxygen. Mr. Dowd stated if we are monitoring this, they should be registering with EMS. It sends a message to them too. EMS might be watching. Chief Page stated EMS doesn't have jurisdiction to go inspect their vans. 2 l' b!~' r ii, ,J Chief Potteiger wanted to know about the clientele. Is there anyway we could have them report once a month. What happens if six months down the road we find it isn't a good idea to let them do this. Ms. Dolan wanted to know what was the interest behind this. Chief Page stated to bring this more in line with larger communities that have numerous ALS and BLS licensed transport providers and ALS non-transport fire apparatus, they have requirements that a COCPN be obtained. Chief Page stated his goal was to have one medical director in the County. If someone wants an ALS license that is fine, we license that provider under our license that way we have them under medical control. We are certainly going to see a large population growth in the future and in five to ten years there may come a point where we want to focus on only the emergency transports and allow private license providers to come in and get there own COPCN for non-emergency transports. I don't believe we are at this point yet. Chief Potteiger doesn't want to go into opening the complete COPCN up. Chairwomen Biles stated the first page of Chief Murphy's report states the recommendations made delete the phrase, for who must be carried on a stretcher. She thought the Board had discussed this before. Chief Page stated the County does allow for members of one committee sit on another committee. If one of the EMSAC would be gracious enough to sit in on the meetings of the Vehicle for Hire Board, I am sure that would be allowed. They are public meetings. Mr. Dowd stated under the Vehicle for Hire Ordinance this business is very attractive and will become more attractive. Under the Ordinance, what will prevent someone from getting a van, apply for a license; he has no plans to expand or make the business grow. He just wants to operate out of his garage. What would prevent this from happening under the Taxi Ordinance? Chief Page stated the Taxi Ordinance is a 37-page document and he has not gone through the whole document. Mr. Dowd asked if Chief Page would have any concerns about someone slipping through the cracks on this item. If there is any concern on this system going down the road it should be set up now and not wait until it breaks and then try to fix it. You don't want to do everything that is in the Vehicle for Hire Ordinance, but he felt there should be some control. Chief Page wanted to know what jurisdiction did EMS have to monitor a paraplegic going to the doctor on a stretcher when there is no medical intervention being done? Mr. Dowd stated he felt someone in on a stretcher was not in the best health. Chief Page felt there has to be an avenue for this. Just like the County provides funding that they have received federal money for to provide for non-ambulatory transportation services for those that do not have the finances. Those Community Transport vans we see around town 3 lo\j. · provide these services. The state clearly has identified what transport requires a BLS and an ALS license; what equipment has to be on board and what can't be on board. He felt it needed to be monitored, and those checks are in place now with the State of Florida. Chairwoman Biles did not want to see the EMS Advisory Board take on all of the things that the Vehicle for Hire Advisory Board is doing. Chief Potteiger thought one of the problems with the Vehicle for Hire Advisory Group was they are all made up of other people and they only have two people from the County. Code Enforcement is way to busy to monitor this. He thought the Vehicle for Hire Advisory board should not have the final say. He felt the EMS Advisory Board should have the final word. Chairwomen Biles wanted to know where the middle ground was on this subject. Chief Page informed the Council the State of Florida is the one who monitors. If the non- emergency would put a star of life on their trucks, we would call the state. The state would come down and investigate the situation and determine the penalty. If there is a violation on the truck we call the state now and they handle the investigation into the violations. Ms. Dolan stated other ambulance companies from other areas have tried to come to Collier County to do these transports. They have to have a volume of paying people to make it profitable. 50% of these patients are not paying and you can't tell them they can't be transported if they don't pay. Eventually these companies close up because they don't have enough profit. Mr. Bridges stated Lee County only recoups about 35% of non-emergency transports. Chief Potteiger inquired who decides from the nursing home how the patient will be transported. What if they ask the patient ifthey want to go by a taxi that can lay you down or do you want to go by an ambulance in the event they needed treatment? Ms. Dolan stated if you were in pain or on medication the staff would call EMS. Chief Potteiger asked ifthe patient would go into an arrest or something what happens then? Chief Page stated a lot of the companies may have EMT's but they are not required. He could not think of an incident where this has happen. If it did, they can always call EMS. There have been occasions where a private company was called for transport from a nursing home or a transport from the hospital to the airport to catch a plane and upon their arrival, they have requested us. In the past, if we were requested for stretcher transport and they required no medical treatment or monitoring, we referred them to non-emergency transports. Mr. Bridges stated the Lee County Ordinance still had the requirement if they have to be transported on a stretcher they have to go by a permitted vehicle. Which would be EMS by state law. We have had agencies doing non-emergency transports on stretchers, they have been warned but they continue to do so. It is sometimes ignored especially this time of year. There just isn't time. No one is designated to monitor. They county could monitor the 4 1 (- '-' , """,,!j 1 'xJ1 e (;11. Q situation however there just isn't time or personnel. It is a grey area. There is nothing in the Ordinance at this time to cover this. Mr. Bridges stated EMS is not a stand-alone agency. They are apart of the Emergency Services Bureau. Lee County EMS is not stand-alone organization either. They are a Division of Public Safety. The Division of Public Safety oversees the Ordinance. Technically the Emergency Services Bureau could do the same thing and oversee the COPCN Ordinance not EMS. Chief Page stated that when we were going to take the stretcher transports away from the private agencies, we told the Board of County Commissioners that we would come back to them in December and report how it was going and what our recommendation would be. During that AUIR report, EMS stated there were over 1000 stretcher calls a year and that by continuing this program would reduce one ambulance unit you would have available to do emergency calls. EMS never had budgeted an extra unit to take on this added responsibility. It has hurt us significantly in response times. The department needs a new growth unit next year regardless of what happens with the stretcher transports. If we continue to take on the stretcher transports the department will need two growth units. Our position was to allow it to go back to the way it was, make the revision to the COPCN, and to strike those eight words that would legally allow these stretchers transports to continue what they had been doing for the last several years. The COPCN has to be changed in order for the non-emergency stretcher transports to be under the Vehicle for Hire Ordinance. It would be Chief Page's recommendation to go ahead and strike the eight words. Mr. Dowd agreed with 90% of what Chief Page stated however, he would like to see people who are transported on stretchers have someone to monitor the service. If not EMS then the Advisory Board should monitor this. Send the companies a letter and make them sign something if they do not comply with the laws they will be inspected and fined. He wants the companies to understand the man working out of his garage is probably not going to get approved and he would not trust the taxi service to do that. Chief Potteiger stated he would like to attend a couple of the Vehicle for Hire Advisory Boards meetings if Chief Page could find out when and where they were held. Mr. Dowd would like to have the non- emergency companies report to the EMS Advisory Boards for approval. Chief Page stated he did not think they should have to report to two Advisory Boards. Under the EMSAC Advisory Board by-laws, since there is no medical intervention, how does this EMS Advisory Council have enforcement responsibilities? He also stated there was nothing to prevent us from contacting the Vehicle for Hire Board and asks for a list of everyone providing stretcher transports. Mr. Bridges suggested as a compromise for the Vehicle for Hire Board to include the language proposed by Chief Mnrphy as a guideline. That way we can determine if we wish to issue a license under the COPCN Ordinance to an organization that desires to transport stretcher bound patients. This could be incorporated into their requirements to issue a license. 5 ~1'l, " ' .ll, G L '" Chief Page needs the recommendation from workshop committee to present to the Advisory Board on February 23'd so he can amend the COPCN Ordinance to strike those eight words. Chairwoman Biles stated she didn't think a recommendation could be made from a workshop. Mr. Bridges stated if the other Board would adopt this language we could go ahead with the recommendation to delete the eight words. Chief Page wanted to know what does our Board do if they don't want to adopt this language. If the Vehicle for Hire Ordinance Board would decide they don't want to do this, what then? We don't have the jurisdiction to do this. Chief Page wanted to provide the committee his direction. He is to report back to the County Manager's Office with an Executive Summary after the February 23 Advisory Board meeting. The Executive Summary will list staff recommendation to strike the eight words and move on, it will also have the Advisory Boards recommendation whatever that happens to be. Chief Page stated the Vehicle for Hire Board might ask what the EMS Board has to do with something that is not medical. He felt the EMSAC were outside the scope of what should be monitored. In a letter to Chairman Biles written by Chairman Coyle he asks for a recommendation by Aprill, so the decision might be incorporated into the EMS Department's budget next year. Mr. Dowd stated he did not think this had anything to do with the EMS Budget. Chief Page stated yes it does, if the COPCN language doesn't change he has to go to the Board and ask for another growth unit. Meeting with the Vehicle for Hire Board could turn into many months work. He doesn't know when the Vehicle Hire Board meets. It could be quarterly and he has to have the Executive Summary to the Board before April 1. He is hoping he can get a resolution at the meeting on February 23. He will have to proceed either way. Mr. Dowd stated the committee all knew nothing should happen to increase the department's budget. Chairman Biles wanted to know if the workshop wanted to make a recommendation to the Council. Chief Potteiger felt they could make a recommendation only to tell the Council what they talked about. Chief Page asked ifthey thought they could make a decision on February 23. Chairman Biles asked if there had been any input from the Productivy Committee. 6 16\1 · Chief Page stated the Growth Committee has several members that are on both committees. Chief Page had proposed one additional growth unit as long as stretcher transports were dropped. If the EMS Advisory does not want to delete the eight words, he will have to go back and ask for an additional unit. He advised the committee that he has reviewed the run reports and these people do not need an ambulance. It is a shame to charge the people for the ambulance when they can use the service of a private agency. Chairwoman Biles stated we should let the Vehicle for Hire committee know we are interested in this. She would talk to the Chairman as soon as she knew whom it was. Chief Potteiger suggested the group adjourn and continue at the EMSAC meeting on February 23. r \~ 7 16 \ ~. , i - . COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) February 23, 2005 Board of County Commissioners Meeting Room , Fiala .J , ~=~~~ng: ~ --: g~~~a --7Z.'-"-,,~ -------.---------.--- ***CORRECT MINUTES*** Fay Biles, Chairman - District #1 Commission District - Present Bob Laird - District 1 - At Large - Absent Heather Rockcastle - District 1 - At Large -Present Denver Stone - District 2 Commission District - Absent Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Absent Deborah Wright - District 5 Commission District - Absent Gail Dolan - Naples Community Hospital- Absent Jim McEvoy, Chief - City of Naples Police and Emergency Services - Present Judith Nuland - Collier County Health Department - Absent Michael Murphy - Chief - City of Marco Fire and Rescue - Present Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Present Dr. Joel Moll, - Cleveland Hospital - Present AI Beatty, Captain, Collier County Sheriffs Office - Absent Chairwoman Biles called the meeting to order. There were not enough members present to have a quorum so the approval ofthe minutes were held until the next meeting. The meeting agenda, A Memorandum of Voting Conflict for County, Municipal, aud other local Public Officers and the Procedures for Emergency Medical Services Advisory Committee had been handed out to the Council, Every committee for the County has developed procedures outlined as to how the Council is to do business. Chief Page attended a class concerning the Advisory Boards. The outline is to assure all County Advisory Boards are being held in the same manner. OLD BUSINESS: Workshop - February 18, 2005 Chairwoman Biles went over the procedure to have a special Workshop. She had written a letter to Mr. Coyle and informed him the Advisory Council was considering other changes on the COPCN and inquired if the Board of Commissioners would pnt the item for hold nntil it conld be discnssed. Mr. Coyle wrote a letter back and stated pursuant to your request my decision concerning the COPCN " changes has been postponed pending recommendation from the EMS Advisory Council. Any decision relating to this matter will likely have budget implications. Can you prM!icllCciIBs: necessary,/, Date: 1 Item#: Copies to: 16'1 · recommendations not later than Aprill, 2005. Any decision can be incorporated into the budget for the next Fiscal Year. Chairwoman Biles noted Chief Murphy had brought up the issue at the Workshop Meeting, he was uuable to be present, however, he did send in his concerns in writing. Chairwoman Biles wanted to know if any Council members had anything to discuss on the COPCN. Chief Page stated Commissioner Coyle was indicating he needed a decision from the Advisory Board prior to Aprill" for budgetary concerns if we were to continne the stretcher transports we would need an additional unit. A decision will have to be made before the Budget Workshops. The Board meeting before Aprill" would be March 22. In order to have something before the Board it would have to be at the March 22 meeting. Chief Potteiger said a motion couldn't be made without a quorum. He asked Chief Page ifhe knew the dates ofthe Vehicle for Hire meetings? Chief Page sent a memo to Michelle Arnold who is the liaisou for the Vehicle for Hire Advisory Board but he has not heard anything from her. When he spoke to her on the phone prior to sending the email he discussed some of the items Chief Murphy had listed as some of the things that should be required. Ms, Arnold did advise most of the items were a requirement in the application for the Vehicle for Hire Board. Chief Potteiger stated the reason for striking of the eight words was because there is no monetary value, medical value or a reason for the transport. It would be the same as taking a taxicab, Chief Page stated if there is no medical intervention required there is no state requirement that they have an ALS or BLS license. Therefore, if you follow the scope of what the EMSAC was created for, the non-emergency transport is outside the scope. The recommendation given to the growth workshop in December was to let it go back to the way it was in previous years and the non-emergency transports continue to be licensed by the Vehicle for Hire Ordinance. Deleting the eight words from the COPCN would allow the non-emergency stretcher transports to take place legally. Chairwoman Biles wanted to know if EMSAC would be responsible for taking over everything that is listed in the Vehicle for IDre Ordinance? Chief Page stated that would depend on what the committee wanted to do. They would have to make a suggestion for the rates for transports to the Board of Commissioners. Chairwoman Biles stated she did not want to go through everything the Vehicle for Hire committee does. She didn't object to one of the EMSAC members going to one of the Vehicle for Hire's meeting. Chairwoman Biles reported on the Workshop meeting. The response times of EMS are being negatively impacted as the result of the EMS Department providing the stretcher transports. The additional call load was not a budgeted item for this Fiscal Year and as a result EMS is operating at a deficit equivalent to 1 EMS unit. EMS is currently requesting one additional unit for next years budget, this is based on EMS not providing the stretcher transports. If EMS continues to provide the service, EMS would have to request another unit to accommodate the additional calls. If it is the intent of EMSAC to require these agencies obtain a COPCN for no'ii-medical transports they will need to be removed from underneath the Vehicle for Hire Ordinance llnd report to the EMS Advisory Board in the same manner that EMS does. /' 2 1611 . Chief Murphy offered his apologies for his ahsence at the Workshop Meeting. He stated the issue is not necessarily the units being added but the question is where the licensure of these units should fall. Should they fall under the Vehicle for Hire or EMS Ordinance? He also stated as the operations issues go, he agreed with Chief Page. Putting additional units ou to do non-emergency transports is not the proper thing to do. The licensure of private companies becomes the question. In the research he did, he found there were a number of Counties in the State that leave the non-emergency transports under the Vehicle for Hire Ordinance. He used the Broward County Ordiuance as an example. Broward County has worked under both systems. He feels strongly when a person is put on a stretcher or in a wheel chair there is a medical condition related. It is au operational and/or a policy decision as to where Collier County really wants to put the issue. This Ordinance has been opened twice. The overall Ordinance should be looked at now for any further changes. He would like to see the EMSAC address the overall Ordinance. Chief Potteiger stated if EMS did take this over it would become at that point, a medical necessity. Chief Page's answer was to go by the ER you could tell if the nou-emergency transport company is doing the wrong thing. Chief Murphy stated he is in total agreement with EMS. It is not proper to have ALS units out there doing non-emergency transport calls. The question is do we create a classification or license permit under EMS. Should we have EMS inspect the vehicles or do we allow that operation to shift under the Vehicle for Hire Ordinance. Chief Murphy felt the Council had to support the decision of EMS, however where will the non- emergency transports fall under, EMS or the Vehicle for Hire Ordinance? Chairwoman Biles stated she checked with Lee County and they have a different organizational strncture. Mr. Bridges has an equivalent organization to Emergency Services Bureau. It is the Division of Public Safety. The Director of EMS makes suggestions and recommendations concerning the COPCN Ordinance but he does not administer the Ordinance. The Director of Public Safety handles the COPCN. Chairman Biles asked Dan Summers if Collier County had anything like this. Mr. Summers answered it is comparable now. Lee Counties Division of Public Safety is much more iustitutionalize and has been set up for a number of years. The difference is the Bureau of Emergency Services is still in our infancy in doing this. It is intended to be more efficient and it will happen. Chief Page stated it is the State of Florida who delegates what vehicles are licensed under an ALS and BLS type of certificate. He personally felt that without them providing medical intervention, EMSAC would have no jurisdiction. Chief Murphy stated he would support the EMS decision. Non- emergency is under Vehicle for Hire iu Lee County. Chairwoman Biles'stated a decision could not be made today without a quorum. Chief Murphy sta~d the minutes could reference the Council's opinion. 3 10 , t 1. It Chairwoman Biles stated they had a big discnssion at the Workshop the opinion was to agree with the recommendation. Dr. Moll suggested they hold an electronic meeting. Chief Murphy stated to mention without a quorum at the Workshop meeting or the regular meeting, the members in attendance agreed to go along with striking of the eight words. Chief Page stated the recommendation is that the eight words be deleted will allow for the stretcher transports to be provided by the private agencies and to remove them from under EMS responsibility. He also stated during the meeting of February 18, the consensus was also to remove the eight words and allow going back to the way it was before. The options were to change the date of the next EMSAC meeting but the change will still have to have public notice again. Chairwoman Biles asked if it could be done electronically. She noted there was nothing in the procedures. Chief Page informed the group he had received an email from one of the Board members that could not be present and it stated he supported removing the wording. If that were permissible to be allowed than we would have a quorum. He was not sure if that is allowed and he would feel very uncomfortable with doing it. Perhaps if we coutiuue aud move on with the meeting, someoue might drop in. Chief Murphy stated even though a vote could not be taken on this, he recommended the Chair write a letter back to the County Commissioners indicating that at both the workshop and the regular monthly meeting today that the EMSAC members present supported the removal of those eight words in order to facilitate the COPCN Ordinance. Chairwoman Biles thought that could be done. Chief Murphy would render his opinion and his opinion was to remove the eight words. Chief Potteiger felt the strikeouts should be left in. Mr. Bridges - he agreed the strikeouts. Ms. RockcastIe - agree. Chief McEvoy - agree Chairwoman Biles stated she would write a letter to Mr. Coyle and explain that a quorum was not present to take an official vote, however the consensus of the group was that we leave the strike outs as is. Chief Potteiger inquired if Chief Page could foresee reopening the COPCN again? Chief Page stated it was his belief, with the conclusiou of the County Medical Director requirements providing a way to monitor the service of NCH non-emergency transports; it will not have to be reopeued. He felt everything was covered at this point. There are some title changes within the current COPCN that could be cleared up. j 4 16-\ 1 · Chairwoman Biles asked about a communication feed back with the Vehicle for ffire Advisory Board. She wanted to know if anyone wanted to go to the meeting. Chief Potteiger will go to the meeting. NEW BUSINESS: Chief Page did not receive any items from the Board members. He informed the Council if anyoue had anything they wanted to be brought up at the meetings, to send it to him. He would forward it to Chairwoman Biles. She would make a determination whether it is relevant to the EMSAC. Staffing Division Chief White stated the department is fully staffed. We have lost a couple of people in the field and they were replaced right with part time employees. Lugene Hamilton, Fiscal Technician receutly moved back to Michigan. That position was re-c1assified to an Operations Analysis. Chief Page will be interviewing this next week for that position. Eric Watson, Battalion Chief recently left for a position with a medical research company. Interviews with qualified candidates were completed yesterday. A Lieutenant's testing is also being held. Chairwoman Biles asked the Council if anyone would like to volunteer to be an interviewer on the panel for the testing. Bob Laird was scheduled to be there, however he is ill at this time and canuot be there. It requires a couple of hours in the afternoon. Ms. Rockcastle volunteered to attend the testing. Training Division Chief Aguilera stated the Training Center has been busy. Another in-service is scheduled for February 28. It will cover some drastic changes to how we approach cardiac arrest. Recent research has been released on the new approach. We will be making the changes in the field pending the changes Dr. Tober is making to the protocol. Today we received confirmation we have been accepted into the congestive heart failure study, SOCIOS. We will be having a meeting with Dr. Moll at Cleveland Clinic. We were accepted into the first phase. It will be a forty patient evaluatiou study. We will check the respiratory engagement sheet that has been developed by the Medical Director, combine that with the Audicor technology and we will test to see what percentage of accuracy we can pinpoint the CHF patients. April 1 " we will start to gather the forty patient data. We will then evaluate and make whatever recommendations need to be made. The second phase we will look at the administration of a vasodilator medication for the treatment. The Auto Pulse machines have been deployed. Chairman Biles asked how many AED's we have? Division Chief Aguilera stated we are over 500 getting close to 575. We have had several community saves where a person collapsed and the staff reacted with the defibrillator. Mr. Bridges mentioned in Lee County Public Safety the AED's that have been placed in public facilities; the responsibility was placed on the staff to make sure they are operational. They have failed a couple oftimes. Who has that responsibilitVin Collier County? 5 1 b \.l . Division Chief Aguilera responded the enforcement of the Ordinance is the Code Enforcement Office. That is in case they find an AED that has not been registered. EMS is alerted and inform an AED was located that does not have a County Registration. Our AED Department, Noemi Diaz, sends continuous letters and emails as they go through the process of recertifying to check the batteries. Also when the instructors go out to teach and recertify the personnel they check the AED. EMS has had no failures to date. Jamie Surbaugh Ms. Sarbaugh said it had been very busy at Emergency Management. They have been attending a lot of workshops for hurricanes and wildfires. She handed out the first newsletter for everyone. She also informed the Council NBC had came over from Miami and did a special on the Audicor. She showed the video they produced. Chief's Report - Response Times On February 22 between 10:30 am and 1:00 pm EMS had 32 calls for service. We have additional units iu service to accommodate the seasonal growth. Units were being held at the hospital trying to unload patients into hospital beds. E-mails from crews stated they were being delayed 55 minutes to over 1 hour moving the patient from the EMS stretcher to the hospital bed. Tbis can't continue. We have had 4 units tied up at the Emergency Rooms waiting for beds to become available. Chief Page felt a lot of the problem was due to a shortage of the staffing needed to attend to the patients. EMS cannot supplement the hospital staff and do the service they are to provide. Chief Page will be meeting with NCH officials on this matter. We have had no problems with Cleveland Clinic. We have spent millions of dollars to put additional growth units up; a lot of money in overtime is spent to have the seasonal units up. Chairwoman Biles asked if they were considering to do anything about this at all. Chief Page stated if it were a lack of beds EMS could provide them extra beds, if it is staffing they would have to bring in overtime, the same as we have to do during season. They have suggested we bypass NCH and go to North Collier. That cannot be done. It would result in taking a patient from Marco to North Collier and that unit would be out of zone for hours, especially if your wait at North Collier was over 45 minutes. The situatiou will be addressed. Chairwoman Biles asked about the helicopter. Chief Page stated this would put the helicopter ont of service for over and hour and that is not an option. Lee County has similar problems, and in their situation it is much worse. One hospital had to close the doors of its ER because they could not accept anyone else for a period of time. This all creates a negative impact on your response time. He would report at the next meeting on how this is to be handled. Chief Murphy suggested since NCH has their own COPCN and their own ambulances, perhaps they can stand by at the emergency room and we can transfer our patients to their ambulance. Chi'ef Page said if it were the beds we would provide them. ,)" Co airman Biles ask what he meant by providiug the beds. ,. j 6 16'1 . Chief Page stated it would be similar to disaster response stretchers. We could uuload from our stretcher to a cot. Mr. Bridges stated Lee County has really been hit hard and they have actually had 60 minute waits to off load and they have waited as long as 120 minutes. The problem at Lee County is staffing, the medics see beds open in the ER; there just isn't enough staff to take care of the patients. Chief Page stated they will continue to try and utilize our staff to monitor the patient, if they can. Dr. Moll stated certain facilities might have a staff issue. Speaking on behalf of Cleveland Clinic, he could not speak on behalf of NCH or Lee County but you should not see empty beds sitting there when you are off loading. If that happens he would like to know. Patients should go to the correct facility that offers the services they need. Cleveland Clinic will see NCH patient's, they are supportive of the patients being able to choose their destination so that if a patient wants to go to NCH they should be able to, just like if they want to go to Cleveland Clinic they should be able to. Some patients have a certain doctor at a certain hospital and they are unhappy if they are taken somewhere else. Chief Page stated when they request for us to divert we are no longer doing that. We are transporting by the transport protocol guidelines. PUBLIC COMMENT: " Chief Page stated there were no speakers listed for public comment. .j Mr. Summers had a good news item. He wanted to thank the Board of County Commissioners for their approval yesterday. With Jeff's help, the State Office of Emergency Medical Services and County funds, they received approval from the County Commission yesterday to replace the Mobile Command Unit. There is a contract in place with National Catastrophe and Disaster Services out of Melbourne Florida who have a great reputation. We should have the unit within 60 to 90 days and this couldn't have been done without the assistance from EMS. Chairwoman Biles inquired about the new EOC center. Mr. Summers stated the new building was on a temporary hold due to problems that had not been anticipated. A lot of misinformation has gone out to the community. Hopefully we will bring the building back to the Commissioners in 60 to 90 days. Chief Potteiger made the motion to adjourn, 2nd by Mr. Bridges. Meeting adjourned ****************NEXT MEETING IS SCHEDULED FOR MARCH 23, 2005**************** ,.. / 7 16\1 . . ., J *******EMERGENCY ANNOUNCEMENT******* Due to the continuation of yesterday's Board Meeting I was just informed by Ms. Brock, County Managers Assistant, that she just received word from Mr. Ochs they do not believe the meeting will be over in time for the Advisory Council Meeting today. At Chief Page's direction we will be CANCELLING the meeting for today March 23. Will inform everyone of change in date. If you need any further information please contact me by email or call 732-2534. Thank you i J Fiala . . ~. Halas . Henning 7, Coyle ?-- Coletta -- -.--' - Misc. Corres: Date: Ilem#: Copies 10: 1611 . EMSAC MEETING FOR MARCH 23, 2005 CANCELLED DUE TO BCC MEETING ON TUESDAY MARCH 22, CONTINUING ON UNTIL MARCH 23 AND WAS INFORMED BY MR. OCHS THE ROOM WOULD PROBABLY NOT BE V ACA TED BY 2:00 P.M, Members nolified of cancellation by: Phone calls, emails, and fax ] f ~ .0' . ",:n:..'. .' " . ~ . .' -=:"';'-J "'-~. , ''\ ) THE EMS MEETING FOR APRIL 2005 WAS CANCELLED DUE TO THE LACK OF A QUORUM. Members notified of cancellation by Phone calls, emails and fax. Fiala Halas Henning coyle Coletta .. ------ j I j Misc, Corres: Date: Ilem#: ~opies to 16\1 · " COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) May 25, 2005 Board of County Commissioners Meeting Room Fay Biles, Chairman - District #1 Commission District - Present Bob Laird - District 1 - At Large - Present Heather RockcastIe - District 1 - At Large -Absent Denver Stone - District 2 Commission District - Absent Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Present Deborah Wright - District 5 Commission District - Present Gail Dolan - Naples Community Hospital - Present Jim McEvoy, Chief - City of Naples Police and Emergency Services - Present Judith Nuland - Collier County Health Department - Present Michael Murphy - Chief - City of Marco Fire and Rescue - Present Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Present Dr. Joel Moll, - Cleveland Hospital - Preseut Al Beatty, Captain, Collier County Sheriffs Office - Present V Fiala . 1/// _- Halas - v' ,__ Henning-=.. .i' -=- ' Coyle , tt -' cole a ..- - Chairwoman Biles call the meeting to order at 2:00 PM. Chief McEvoy stated the minutes from the last meeting listed him as absent and he was present. With this change recorded the minutes were approved. The motion was made to except the minutes by Mr. Bridges second by Mr. Beatty. OLD BUSINESS: Conflict of Interest: NEW BUSINESS: EMS Rate Resolution Chief Page reported it is time for the department to review the rates of other EMS departments throughout the State. The highest rates listed for ground base rate was $726. The average rates would be approximately $525. Our helicopter fees are still around tbe lowest in the state. Chief Page had sent a copy of the proposed rates for 2006 to the council to review. These proposed rates were submitted in the budget packet to the County Manager requesting the rate changes for FY06. hi~iSC. Corres: ;{ Chief Page stated the supplies have increased in cost. The Auto pulse reqUIres the used of Life bands. They are $100 for each band and each cardiac arrest that is run. .ute\uto Corp ':J! Item#: I Copies to: 16\1 . requires a set of leads for each call. They are $25 for each set of leads for a one-time use. The supply line item has increased $1000 between the two items. The County Manager has brought up trying to establish a contractual agreement with the local agencies. For example the on going arrangement with a company locally where 5 days a week we supply them one paramedic. The Manager is looking at trying to establish the paramedic with the benefits directly to the agency and remove the expense from the County. There are advantages to the County such as retirement. There is a RLS into the County Attorney to look at this. Chief Page thought the Sheriff used a program similar to this one. Captain Beatty stated the Sheriff does have contract labor. Chief Potteiger asked what Medicare paid for a helicopter transport? Chief Page thought they reimbursed the department approximately $3000 per flight. He thought they paid $248 per ground transport. Mr. Dowd inquired about the insurance companies and what they usually pay? Chief Page stated they pay a percentage. Mr. Dowd asked if the department had a hard time collecting the difference? Chief Page stated that Medicare and Medicaid pay right away. Chairman Biles inquired how are things going on Marco, since the department cut back on helicopter service? Chief Murphy stated they now have 2 ALS units and it has helped everyone. The accessibility ofthe helicopter is greater now for the true emergency patients. Budget: Originally Chief Page was asking for 6 additional personnel for the growth unit and 3 supervisor positions. We got the 6 additional personnel for the growth unit and one of the supervisory positions. The Manager is only increasing 25 personnel this year so EMS did well. He can cut back and remove the supervisory position before the wrap up of the budget. Chairwoman Biles inquired when does the final budget come up? Chief Page stated there are several workshops with the Board in July, August and September. Chairwoman Biles suggested the Board take the proposed budget home and review and if there were any questions to please contact Chief Page. ~ Mr. Bridges asked if our revenue was 8.7 million what would be the billable amount? '/l 2 16uJ. ~ -" ) Chief Page stated 65% of what is billed. This amount includes the contractual write-offs. Lots of agencies will list 80% collected but that does not included the contractual write-offs for Medicare and Medicaid. Mike Symkowski informed the council there is a budget workshop meeting scheduled on June 15. Ms. Dolan stated on the proposed budget it lists 159 employees in 2005. In fiscal year 2006 you will be increasing to 166. Chief Page stated that was correct. Chairwoman Biles asked about the inter-fund transfer money? Chief Page stated that is for $3000 to be transferred to Isle of Capri and $3000 to Ochopee for rent. Chairwoman Biles thought the proposed budget looked good. Chief Page stated the department has a growth unit coming up this year, we just finished Station 22, construction is starting on Station 19 on Sauta Barbara that is where the new growth personnel will go. Two new ambulances were recently purchased to replace two ofthe older units. Two more units should be replaced next year. Chief Murphy iuquired in reference to page 4. He asked for consideration to the cities that are in partnership with the county if there could be a fee waiver for the personnel who are included in the partnership? Chief Page stated the County employees used to receive a break on the cost of a transport. But that was dropped and all county employees are respousible for their personnel charges. Chief Murphy made a motion for the Council to support the rate resolution, seconded by Mr. Dowd. Motion passed. Staff Reports: Chief White reported a paramedic testing is to be held in June. We have lost two paramedics to the fire departments but they were filled immediately. We have a waiting list of people waiting to be hired. Chief Aguilera stated Edison has cancelled the May paramedic class due to lack of registered students. They are planning on starting a class in August. ~ ,~ ~ 3 16\1 · ", I Chief Page reported there were two previous paramedics with EMS waiting to come back. One left to go to a fire department and one went to a private enterprise and it did not work out for him. Ms. Dolan inquired if it was difficult to get into paramedic school? Chief Aguilera stated there are prerequisites, there are the college entrance requirements, and it is all linked to the accreditation of the program. Chief Page at this time we have 128 paramedics and 14 EMT's. Training: Chief Aguilera informed the Council they have been busy at the training center. They have been completing projects. The are waiting on a cardiac arrest report on research from Dr. Ebee reference a change in how we approach a cardiac arrest. Ou May 31 we will complete in-services for the month of May. We went over congestive heart failure. AED's: Chief Aguilera reported we are over 616 AED's at over 200 sites. There is a pending new change in status with the local dentist community and they are now required to have AED's. There are 100 that are pending. Schools have received funding to place AED's in the schools. In the first 6 months of this year we have had 4 saves in the community that were directly linked to the public access AED's. Over the previous year we had 2 saves. The State Legislature approved a new million dollar grant program for law enforcement AED's. We purchased 125 for the Sheriff's office since then the company we purchased them from had some software issues. They have come back and provided us with 125 new ones. We purchased a program and are using it for an education program. You log on, take the curriculum, and you take a competence test at the end. There are 522 users subscribed to the program at this time. Our lectures will now be provided on line this will leave more time to provide hands on training. Chairwoman Biles inquired if Jorge knew whom the Heart Association gave an award to recently? Chief Aguilera stated the City of Naples received an award. Chief McEvoy stated they have added 27 AED's to the field and they are replacing all of their old ones. (~, ,'... ':il 4 1b 1, .- II u ..L J Staff Reports: Chief Bowman updated the Council of the Fire Academy hosted by the City of Naples. They just graduated and the graduating percentage rate was 100%. There were about 12 from our command staff who participated. The North Naples Engine Program study was started in November. Assistant Chief Jo!In German has done a great job and that program is up and running as of May 1 'to There have been some scheduling and staffing issues but it will be worked out. We have 8 additional ALS engines running in North Naples now. At the Marco Island Fire Department we are expanding the protocol and the ability to train the paramedics at Marco Fire to a higher level. Captain Schultz has been going to Marco and has been instructing the expanded skills. Captain Bowman stated we are teaching them to do skills they have not been able to do such as intubations. Chairwoman Biles asked if this was still under Dr. Tober's expertise. Chief Bowman explained the protocols are actually approved by Dr. Tober. Chief McEvoy asked if the same opportunity would be available to the other fire departments? Chief Bowman answered certainly, Marco was a good place to start and it will be expanded. Chief Page stated the goal is to identify what medications will be on the ALS engines and make it county wide. There may be some fire districts due to manning or associated cost thought their contract that would choose not to participate. They may not want to have their paramedics certified to that degree. We are trying to set a standard that is county wide. Chairwoman Biles inquired how many certifications are in the county? Chief Page stated there are State certified Paramedics, they go thought a series of training and in-services, they have ride time they must complete, we are trying to identify patient contact time. This identifies how many hours of contact time is needed before the medics go to the Medical Director for the Tober certification. This needs to be a County standard so all paramedics in Collier have the same ability. We are trying to provide the best service possible to the citizens. PIO - Jamie Sarbaugh: Ms. Sarbaugh reported on the new EOC. It is scheduled to be constructed on Santa Barbara Boulevard. The Board of Commissioner's rejected it by a 3 - 2 vote. Commissioner Henning though it should be look at to perhaps by adding more width to reduce the height. This week is EMS week. ,. ,",- -;jJ 5 \(;\1 . ) At the recent board meeting 81 paramedics, paramedic firefighters, and EMT's were presented the Phoenix Award. Ms. Sarbaugh reminded everyone the hurricane season starts June IS'. Board Members: Chief Murphy made a motion for the Advisory Board to approve the new EOC center and to make it a priority. This motion was 2nd by Chief McEvoy. The motion passed with Gail Dolan abstaining. Ms. Sarbaugh informed the council a Hurricane seminar would be held from 6 - 9 P.M. on June 2 at the Radison Hotel. Chief Potteiger made the motion to adjourn, 2nd by Mr. Laird. Meeting adjourned. NEXT ADVISORY MEETING JUNE 22, 2005 IN THE BOARD OF COMMISSIONERS BOARD ROOM AT 2:00 P.M. \~:, ::: .;1 ~ 6 16r: ".. I~ " " COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) June 22, 2005 Board of County Commissioners Meeting Room Fay Biles, Chairman - District #1 Commission District - Absent Heather Rockcastle - District 1 - At Large -Absent Denver Stone - District 2 Commission District - Absent Michael Bridges.. District 3 Commission District - Present John Dowd - District 4 Commission District - Present Deborah Wright - District 5 Commission District - Present Gail Dolan - Naples Community Hospital - Absent Jim McEvoy, Chief - City of Naples Police and Emergency Services - Absent Judith Nuland - Collier County Health Department - Absent Michael Murphy - Chief - City of Marco Fire and Rescue.. Absent Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Absent Dr. Joel Moll, - Cleveland Hospital - Present AI Beatty, Captain, Collier County Sheriffs Office - Present Fiala Halas l---/ Henning_ V COYle, --=-:',-r::: -__, Coletta _ -4______ J INFORMAL MINUTES - NO QUORUM Chief Page informed the members present without a quorum present there would be no official minutes. He did give a brief overview of the current budget workshop. The department was asking for three additional supervisors in the new budget. This request was cut from the budget. There is a possibility it will be brought back up in September. Other than losing the three supervisory positions the budget looks good. He was pleased with what was approved. The growth unit approval was the main item. It looks like the unit will be approved in September. EMS received permission to replace the truck that was involved in the accident back in November of last year. We also had another truck that was due to be retired. We have recently purchased two vehicles to replace these units. They are at Motor Pool at the present time. The layout of the vehicle has been traditionally a white truck with an orange stripe. Several of the staff and Mr. Summers got together and we are comiug out with a different design. It will be basically white with a reflective blue stripe and red trim. The Bureau logo will be silver and blue with a red trim. A new logo will also be displayed. It will be the star of life on the left and the fire cross patch on the right. Mr. Bridges inquired if this was to designate fire and EMS cross training? Chief Page stated it was. The Emergency Management's new mobile command bus will be ready next molK!l:,~~pdy to go for hurricane season. Dale: I Item#: Copies to: 1611 . ,\ Mr. Dowd inquired about the new EOC and wanted to know why Mr. Coyle voted to reject the new building? Chief Page stated the building would be coming back for review at the request of Commissioner Henning. The department is in dire need of a new building. We do not have enough room for supplies now and we cannot order a several months of supplies, there is no room for storage. We have had to store a lot of the fire equipment at one of the stations. The July 27 meeting will have to be changed, as the Board of Commissioners will use the room. Everyone will be notified of the new date. ***** NEW MEETING DATE: JULY 29 AT 2:00 P.M. IN THE BOARD MEETING ROOM. ***** 2 (' " "., 16 ~:, .') COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) July 29, 2005 - No Quorum - Unofficial Minutes Board of County Commissioners Meeting Room Fay Biles, Chairman - District #1 Commission District - Present Bob Laird - District 1 - At Large - Absent Heather Rockcastle - District 1 - At Large - Absent Denver Stone - District 2 Commission District - Absent Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Present Deborah Wright - District 5 Commission District - Absent Gail Dolan - Naples Community Hospital- Present Jim McEvoy, Chief - City of Naples Police and Emergency Services - Absent Judith Nuland - Collier County Health Department - Present Michael Murphy - Chief - City of Marco Fire and Rescue - Absent Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Absent Dr. Joel Moll, - Cleveland Hospital - Present AI Beatty, Captain, Collier County Sheriffs Office - Absent Fiala Halas Henning V Coyle V /-.- COletta-,.J ---- // ') Chairwoman Biles call the meeting to order at 2:00 PM. There was not a quorum present therefore _/" the minutes could not be approved. Chief Page announced that Barbara Brown was out on vacation. Everyone was sent a copy of the statistics on resuscitation for the quarter. They show a great improvement. A couple of paramedic firefighters have recently gone to North Naples in the last month. We have two paramedics starting on August 11. As of right now all positions are full. Dan Summers is out of town this week. There is a possibility the County will be looking at the Lely area for the new Emergency Management site. The Santa Barbara site is still a possibility. Chief Aguilera and Dr. Tober have been looking at a new innovated device. We have contacted the state to see if we could use grant money to purchase the device for the first initial unit. Traininl! - Chief Jorl!e Al!uileru The cardiac survival rates for the third quarter are as follows: Arrived at the hospital with a pulse - 43% the highest rate to date. Last year for the same quarter we were at 15%. The addition of the auto pulse has contributed to this figure. MISC, Corres: Dale: I Ilem#: Copies 10: 1611 . -) Arrived at the hospital and were discharged - 21 % for the quarter. The device we are excited about is called the "RES Q POD". It actually enhances the circulatory effort of the heart. Basically it is a vacuum. There are three entities, the heart and both lungs, that are fighting for the vacuum. Each devise is $89.00. The department has switched to different airways as part of our protocol development. The different airway is easier to use and has a higher perceutage. Our quarterly intubation success rate for the 3'" quarter is 71 %. We are now using the King Tube and our success rate for the month of July was 92%. For the same time last year with the old tube it was 79%. AED's ares still expanding. This quarter we added another 19 AED's. We are over 38 units more iu this quarter than we were last year. This figure does not show Collier County Sheriff's Office just received an additional 60. The school system is pending deployment of another 40. The City of Naples is getting ready to deploy another 30. About Ill, month's ago we weut to On Line training. The medics now have access to on-line training soft ware. It can be either information provided by the State of Florida, by a manufacturer of a product we are thinking about implementing, or it can be developed by Training Center. The medics can do the studying on the computer and take the test on the computer. It can all be done from the station or their individual homes. They also obtain education credits for these studies. The first course was a Florida State mandated burn course. The state provided the course. 99.36 percent of our organization has completed the burn course. The fire departments are included for a total of 520 + people. / There is also a basic airway course and over 200+ have completed it as of today. We added the "Pediatric Fever Protocol" today, that is the first program that we actually created in-house. We are waiting to see what kind of feed-back we get from the organization. Chief Page had nothing else to report. He is waiting to see what happens with the budget next month to see where we staud. We are anticipating on a decision to be made next month on the EOC location or at least which way we are headed. The next budget workshop is to be held September 5, 2005. Chief Page will verify and let everyone know at the next meeting. Judith Nuland complemented EMS for the excellent job-transferring patients during the hurricane a few weeks ago. Michael Bridges asked if anyone had any information about the emergency information (ICE) being entered into the cell phones for emergencies. Lee County PIO is encouraging everyone to do this. Chairman Biles asked for a motion to adjourn. The motion was made to adjourn and seconded. (was not aware of who made the motion was not clear on tape. 2 1 i~ 1 (~ i' " I 0 '. ..1 .~ ) COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) These minutes reflect a chanl!e made bv Mr. Michael Bridl!es. August 2005 - Board of County Commissioners Meeting Room Fay Biles, Chairman - District #1 Commission District - Absent Bob Laird - District 1 - At Large - Present Heather RockcastIe - District 1 - At Large - Present Denver Stone - District 2 Commission District - Absent Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Present Deborah Wright - District 5 Commission District - Present Gail Dolan - Naples Community Hospital - Present Jim McEvoy, Chief - City of Naples Police and Emergency Services - Present Judith Nuland - Collier County Health Department - Present Michael Murphy - Chief - City of Marco Fire and Rescue - Present Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Present Dr. Joel Moll, - Cleveland Hospital - Present AI Beatty, Captain, Collier County Sheriffs Office - Present j. Fiala ~" Halas v/ Henning ~ Coyle L"/ . Coletta .,. ___,____ In the absence of Chairwoman Biles, Vice Chairman Michael Bridges called the August meeting to order. ( denotes a change to the minutes.) Bob Laird made a motion to accept the July minutes. The motion was second by Chief McEvoy. Motion passed. Mr. Bridges asked for the Council to stand and say the Pledge of Allegiance. New Business: Copies of the applications for the Advisory positions that will become available on August 31 were handed out to the Council members. The applications that were received were from Mr. John Cassio, District 1, Mr. David Bush, District 3, Mr. Gregory Pacter, District 3, Mr. Richard Schmidt, District 5. A brief discussion was held on the new applicants. Mr. John Cassio was nominated for District 1 position by Bob Laird 2nd by Chief Potteiger. Motion passed. MiS,:, Corres: Date: Ilem#: I Copies to: \6\1 · ') Mr. David Bush was nominated for District 1 at large <there were no positions available in District 3). He was nominated by Chief Murphy and seconded by Mr. Bridges. Motion passed. Mr. Richard Schmidt was the only applicant for District 5 and was voted on unanimously. A position is available in District 2 as Mr. Stone decided to decline the position. Chief Page introduced Compliance specialist Juan Ortega who presented a plaque of appreciation to Mr. Bob Laird for bis dedication and service to the EMSAC Council. Mr. Laird will be re-Iocating to Georgia. Chief Murphy asked if a certificate could be presented to citizens who were successful in treating patients with the AED. Gail Dolan, NCH stated it would be impossible to do with the enactment of the HIPP A laws. Training: Commander Aguilera stated they had been busy with Cardio Arrest protocols. There is a new devise called the Rescue Pod it will make a large impact on cardiac resuscitation. Commander Aguilera also reported every unit has an Auto-pulse on board. Chief Potteiger inquired about the ALS engines. Commander Aguilera stated not all of them at this time. This is something that is being looked into for funding. Chief Potteiger felt the engines that are left alone should have them on board. Commander Aguilera stated this is a good grant funding area to look into. Commander Aguilera stated the on-line training has started and will be very beneficial. Staffing: Chief Page stated the department has one opening in the administrative staff. Administrative Captain Schultz has left the department and went to East Naples Fire Department. At this time all of the field paramedic positions are staffed. From the Advisory Board: Chief Murphy on behalf of the Marco Island Fire and Emergency Services wanted to thank Dr. Biles and Mr. Laird for their dedicated services they have provided to the Advisory Board over the past years. He made a motion that a Resolution be prepared and recognized by the Board of County Commissioners. It was second by Chief McEvoy. Mr. Laird wanted to say thanks to Chief Page for the wonderful job he had done with EMS. He also stated he had never worked with such a dedicated Board and that it had been a pleasure. 2 16 \11' u..t C> Mr. Laird made the motion to adjourned, second by Ms. Rockcastle. *****The October meeting will be held on October 26 in the Board Room at 2:00 P.M.***** Respectfully submitted: Barbara Brown, EMS 3 1611 . EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AGENDA MEETING TO BE HELD: BOARD OF COLLIER COUNTY COMMISSIONERS CHAMBERS 3RD Floor - W. Harmon Turner Building - <Administration Building F) 3301 East Tamiami Trail, Naples, Florida August 24, 2005 2:00 P.M. CALL TO ORDER ADOPTION OF THE AGENDA ADOPTION OF MINUTES FROM PREVIOUS MEETINGS OLD BUSINESS NEW BUSINESS STAFF REPORTS REGISTERED SPEAKERS FOR PUBLIC COMMENT BOARD MEMBER DISCUSSION NEXT MEETING DATE AND LOCATION ADJOURNMENT lb~J. :, COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) September 28, 2005 - Board of County Commissioners Meeting Room John Cassio - District 1 Commission District - Present Heather Rockcastle - District 1 - At Large - Absent David Bush - District 1 - At Large - Absent (Vacation) District 2 - VACANT Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Present Richard Schmidt - District 5 Commission District - Present Gail Dolan - Naples Community Hospital- Present Jim McEvoy, Chief - City of Naples Police and Emergency Services - Present Judith Nuland - Collier County Health Department - Present Michael Murphy - Chief - City of Marco Fire and Rescue - Present Rob Potteiger - Assistant Chief - Collier County Fire Chiefs Association - Present Dr. Joel Moll, - Cleveland Hospital- Absent - Out of Town AI Beatty, Captain, Collier County Sheriffs Office - Absent Fiala Halas Henning Coyle Coletta j, v( ~ _'__r__.__ Chairman Michael Bridges called the meeting to order. The meeting was opened with the Pledge of Allegiance. Chief Page introduced Chief Aguilera who presented a plaque to the past Chairman Fay Biles for her dedication and commitment to the EMSAC Council. Dr. Biles thanked the EMSAC Council for the support that had been given to her over the years. She stated it was a wonderful board and a pleasure to work with everyone. Chief Page recognized two of the new members on the board. Mr. John Cassio representing District 1 and Mr. Richard Schmidt representing District 5. Mr. David Bush was also approved by the Board of Commissioners was on vacation at this time. Jorge Aguilera introduced Gene McClain from Inovise Medical. Mr. McClain informed the Council he has been associated with the Cardio vascular industry for over 25 years. He has been involved with Collier County EMS on a number of ground- breaking initiatives. He remembers when Collier County took a leading national role in the deployment of pre-hospital 12-leads. Collier County was the first county in the United States to have an Automated External Defibrillator Ordinance in place when the Good Samaritan Law went into effect. The implementation of the Auto-Core into the advance life support is an indication that Collier County is continually striving for better patient care and to improve the quality life of the citizens of Collier County. Inovise wanted to recognize Collie~'or Date: I Ilem#: Copies to: lb\l · '1 their patient care and for the exemplary effort they have made to stay on the cutting edge. He then presented a plaque of recognition to Chief Page and Director Dan Summers. Chairman Bridges asked for a motion to adopt the agenda. Chief McEvoy made the motion. It was second by Chief Potteiger. Motion carried unanimously. Chairman Bridges asked for a motion to approve the minutes from the August meeting. Motion to approve by Chief McEvoy second by Chief Murphy. Mr. Dowd stated he was absent at the August meeting and the minutes stated he was present. Administrative Assistant Barbara Brown made note aud will correct. No objection. Motion carried unanimously. OLD BUSINESS: No old business to discuss moved to new business. NEW BUSINESS: Election of Chairperson and Vice-Chairperson: Before the Council proceeded, Chairperson Mr. Bridges read into the record, from the Advisory Council By-Laws Article 5, Section 1: The members ofthe EMSAC shall elect from the members the following officers at each meeting in October of each year. A Chairperson and a Vice-Chairperson. These officers shall serve as an Executive Committee for EMSAC and are to be selected from the resident membership only. Section 4: states a vacancy in any office of Chairman or Vice Chairman may be filled by EMSAC at any regular meeting or special meeting called for that purpose. It is appropriate to select a new Chairperson. Chief Murphy nominated Michael Bridges, second by Chief Potteiger. Chief Potteiger moved to closed nominations second by Chief McEvoy. No discussion or objection. Motion carried unanimously. Chairperson Bridges entertained a motion for a Vice Chairperson. Chief Murphy moved to nominate John Dowd, second by Chief McEvoy. No other nominations. Motion carried unanimously. STAFF REPORTS: Director Summers welcomed the new members and offered his assistance for any information any of the EMSAC Council would like to know. Director Summers gave the following report. The Bureau started out with a fast pace with Charlie, Francis, Gene, Ivan, Rita & Katrina. Part of the success of the Bureau has been the Partnerships that have formed with the City of Naples, Marco Island, and the other dependent and independent fire districts. In the last couple of weeks the new EOC was approved. It will be the anchor location for a new 911 Center, a new Emergency Operations Center, EMS Administration and Training, Emergency Management, Sheriff's Sub-station, & Information Technology will be able to 2 16\1 · '\ ) transmit on TV during an emergency. The building will be able to accommodate the local press and satellite trucks. It will be built on the Lely Culture Parkway. Edison Community College will be our neighbor; we can take advantage of some training opportunities. Edison now has a Bachelor of Science program in Public Safety Administration. The new hospital, HMA, will be right down the road. The Board of Education will have offices for their Transportation Services on Rattlesnake Hammock. It will be a good partnership. The end of October Emergency Management should take delivery for the replacement mobile command vehicle. It will have high-speed satellite inter-net capability. This vehicle will be available for any emergency throughout Collier County. The Board of Collier Commissioners has agreed to set up a Contingency Account for major disaster responses. Now we have an account where the money's are available for rental equipment or emergency purposes. We also have added a full time Homeland Security Coordinator, Mr. John Veidt. He comes to Emergency Management from Parks and Recreation. He also has a military background. Collier County EMS has made phenomenal strides. The Advisory Council has been a large part of the success. The Council had no questions for Mr. Summers. Chairperson Bridges thanked Mr. Summers for his update on Emergency Services. TRAINING REPORT: Chief Aguilera reported the training has been focusing on the on-line education. All emergency providers needed to be certified in the Nims 700 Incident Man Course. It was installed on our on-line system. 88% of the organization completed the course in 25 days of training. The ALS engine training is coming to an end in Marco. We are deploying the PPE (personal protective equipment) for the personnel exposed to hazardous materials. This includes a suit, mask, gloves, and boots. The medics are being fitted and taught how to use the equipment. The goal was to be completed by the end of September and by tomorrow afternoon 90% ofthe organization will be completed. The Performance Standards for the last quarter will be completed and available at the next meeting. Chief Potteiger inquired if EMS has been working with Marco or the County Haz-Mat Team? Chief Aguilera stated the Collier County EMS SORT TEAM has taken the lead in the department. The equipment was only handed out and "fit tested". 3 16\1 . ~) Chief Bowman stated the equipment that Chief Aguilera is referring to is a level "C" ensemble that was awarded to EMS by the state. It will not be used to go further into a hazardous environment scene than they are now. It will protect them on the perimeter of a hazardous scene. The SORT (special operations team) are the one's that are more involved. Chief Murray stated aU law enforcement officers in the state have the same level of protection. It is for the benefit of the individual in case of involvement. Chairman Bridges inquired if EMS had received aU ancillary components of that packet to include the filters for the masks? Chief Bowman stated they had the filters. The PPE ensembles include everything. Director Summers informed the Council if this equipment unknown to any of the new members, to come by his office, or see Jeff and they would be glad to demonstrate some ofthe equipment and go over anything that isn't understandable. Chief Page wanted to inform the Council a team had been sent to Mississippi after Hurricane Katrina. They went with paramedics from the City of Naples and City of Marco along with the EMS paramedics. Two field transport units and two supervisor Expeditions went along. Chief Bowman was involved and he had a presentation for the Council. Chief Bowman stated it was an incredible opportunity. He showed a DVD that was put together by Paramedic Boldano from City of Naples. After the video Chief Bowman stated when they got to Stennis, Mississippi, about 2 miles from the Louisiana border, they were one ofthe first responders to arrive on scene. Obviously it was devastated. The group they were with included paramedics and firefighters from Naples, PineUas County, Osceola County, Largo the list was much longer. Chief Bowman, Division Chief Chris Byrnes with Marco Island fire department, and Battalion Chief Tracy Stubbs from Osceola County ended up leading the group into Jackson County Mississippi. Chief Bowman stated the medics from Mississippi were dispatching on a ceU phone. The Communications Center did not exist. Chief Bowman thanked Chief Page, Chief McEvoy and Chief Murray for the opportunity to bring their personnel along. The communities of Mississippi did benefit from the efforts of Collier County. Chief Page also stated the department also had a medic in San Antonio stationed at a hospital. Chief Page reported on the staffing levels. There is a Command position open now for a Battalion Chief. This Battalion Chief will have the responsibility of the Flight Medics and also Special Operations. He will report to Chief Bowman. Once the position is fiUed with a paramedic it will open a field position. The Board of Commissioners approved the request for 6 new positions for the growth units. These positions will be available October 1. We had a recent testing there were 46 applications, 5 showed up for the test. No paramedics passed the testing. We are hiring two part time EMT's. We are holding another testing on the 25th of 4 1.~\1 · October. Some of the part time EMT's that we hired two years ago and sent to paramedic school are now testing for a full time paramedic position. There are 3 more that started, as EMT's to take their Paramedic test in October. Chief Page mentioned the letters of appreciation that had been handed out to the Council and suggested they look in the hallway at the County Managers Wall of Fame to see several letters pertaining to EMS. We are just about finished with the training at Marco and will soon be turning over the training to their liaison that we have with EMS. We will then start with Chief McEvoy's firefighters. East Naples has a liaison, Caption Schultz. Andrea was a Trainer with EMS and has recently joined the staff of East Naples. Chief Potteiger asked about the funding for the Auto Pulse. Chief Aguilera stated the Grant Funding would be available in November with the awards being distributed in February. Chief Page stated he would be meeting with the Fire Chiefs on Thursday September 29. He wants to inform them there is a cost associated with the equipment going on board the ALS engines. EMS is going to supply the initial equipment but there will be a cost associated with replenishing the equipment, the Res Q Pods are $89.00 each and that cost is not included in the EMS budget. Chief Murphy stated a lot of that equipment is obtained through EMS Grants. The ALS engines need to be included in the grants to insure it is a countywide objective. Chief Page advised if the Council had any items they would like to bring forward to please notify Barb and it would be put on the Agenda. Next meeting will be October 26, at 2:00 P.M. in the Commissioners Board Room. Mr. Dowd stated his e-mail ontherosterwasincorrect.Itisjdowdl@swf.rr.com. Motion to adjourn and seconded. (Could not tell by the voices on the tape who made and second the motion). Respeclfully submitted Barbara Brown, EMS 5 1611 . The EMS Meeting for October 26th was cancelled due to the lack of a quorum. ~'a'8 Halas Henning Coyle ' Coletta ---'- -- --- J .----., Misc, Corres: Date: Ilem#: Copies to: 1 tt:~ ,\! O~J. · The Advisory Council decided at the November 22, 2005 not to hold a meeting in December. Many members were going to be out of town. The next scheduled meeting will be January 25, 2006. Fiala , Halas ~ Henning,,- - Coyle - Coletta Mise, Corres: Date: Item#: Copies to: 16\1 · COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) NOVEMBER 22, 2005 HUMAN RESOURCES TRAINING ROOM John Cassio - District 1 Commission District - Present Heather Rockcastle - District I - At Large - Absent David Bush - District I - Present District 2 - Vacant Michael Bridges - District 3 Commission District - Present John Dowd - DistricI 4 Commission District - Present Richard Schmidt - District 5 Commission district - Present Gail Dolan - Naples Community Hospital- Present Jim McEvoy, Chief - City of Naples Police and Emergency Services - Present Judith Nuland - Collier County Health Department - Absent Michael Murphy, Chief - City of Marco fire and Rescue - Present Rob Potteiger, Assistant Chief - Collier County Fire Chiefs Association - Absent Dr. Joel Moll - Cleveland Hospital- Present Al Beatty, Captain - Collier County Sheriffs Office - Absent Fiala Halas _~/ Henning__ v::: Coyle - _ :;:/ ~"_ Coletta ,. , __ j Chairman Michael Bridges called the meeting to order. The meeting was opened with the Pledge of Allegiance. Motion to adopt Agenda and second- Motion canied unanimously. Motion to adopt previous minutes and second - Motion canied unanimously. Old Business - No Old Business, moved to New Business New Business Chief Page advised that the application for District 2 was emailed to all. Motion to accept Jeffery Allbritten to fill District 2 vacancy, second. Motion canied unanimously. Chief Page advised that he sent everyone a draft copy of a Public Information Release and provided the Actual PIR as composed by Jamie Sarbaugh (Public Information Officer). There is an additional comment from Mr. Summers that was added to the Actual PIR, Chief Page advised that Dr. Tober and Chief Aguilera were here today to go into more details. Chief Page introduced Chief Aguilera and Dr. Tober. Handouts were given: Collier County Emergency Medical Services Department (Performance Standards) - comparisons of 2002 thru 2005 and the Collier County COIl.l1ile>Jt~ical Protocol Date: Ilem#: Copies to: 16 r. ':, a ,J" flow chart, Chief Aguilera explained both handouts. Chief Aguilera also advised thaI in the 4th Quarter 66% of patients found to be in full cardiac arrests (VFNT) that had a pulse upon delivery to a hospital is due to the full enactmenl of New Cardiac Arrest Protocol, the Rescue Pods and the Autopulse. In-Service training will be held next week (November 29,2005) with all Paramedics, EMT's and firefighters. <'J Dr. Tober thanked everyone for allowing him to come speak. He advised that since last April the new Autopulse has been evolving. He spoke of the upcoming changes in the CPR process and upcoming changes by the American Heart Association. He stated that the number one change is the continuous compression type philosophy, comparing this process to an old fashion water pump that takes about 50 compressions to get a drop of water. He also advised that the autopulse has been placed on the ALS rescue units. Training of 2 man and 4 man rescue videos will be used to train medics in Collier County, along with the 5.10 skit titles "Cardiac Arrest". He discussed the Rescue Pod "Impedance Threshold Device", describing as follows: during manual compressions - blood is pushed out to the heart into the body and during the recoil phase (negative pressure) air is put into the lungs and draws blood to the heart. The idea was to stop patient from taking in air during the recoil phase, which very effectively increases blood flow to the brain (rich in oxygenated blood), The goal is 10 have active, healthy people back working in our area. 911 operators have been given directions of manual compressions only unlil a higher level of expertise arrives at the scene. We also hope to use the County TV channel and the Naples daily News to provide information on "how to help someone having a heart attack". Stalistics show that this protocol is the most effective available. 911 operators New Protocol was installed last week with instructions of 400 compressions cycles. Dr. Tober also made the comparison of a "Pit Crew" training philosophy - "what they can do to a car in 10 seconds" - our crews need to know their jobs, work together and have a strong leader. Chief McEvoy requested that the charts given in the future have actual numbers instead of percentages. Chief Aguilera reported on the special needs shelters. He stated that over 50 persons were on oxygen and we received good support from our oxygen vendor. He also reported Healthstream-Education, the education is going very well. AED update for Public School - they are ready to deploy 30, Captain Diaz has been training the school staff. Medical In-service Training - will be held at Station #45 November 29-30, December 1 from 10- l2pm and l-3pm, Recommendations were given that Palmetto Ridge High School should be a Special Needs shelter only, not a multiple use shelter. This was due to housing individuals past the 72 hours (over 30 individuals with no power had to leave because the school was reopening). Discussed possibility of having contracts with hotels and obtaining grant money to have generators installed. 1611 . Chief Page advised of current staffing - We have 3 wilh 6 vacancies recently approved by the B.C.C which give us a total of9 medic positions. At this time there are 105 Paramedics. The next testing will be December 6, 2005 and there are 4 or 5 good paramedic candidates. Discussed Ihe need for recruiting. At this time there are 22 fulltime EMT's and over V2 are currently in school to become Paramedics. Also at this time we continue to have a good ratio of Paramedic to EMT's, Benefits however continue to be a challenge- currently we have a 34% benefit package and should have a 40%, On Monday December 9 there will be an affordable housing meeting Lee County EMS currently has 34 vacancies. Collier County has approved a position with Human Resources for the purpose of Recruiting. Union Contract negotiations will be held in May, Benefits will be a big issue. Over the last 3 years Impact Fees have been revised, they are close to being completed & should be completed by next meeting, Annual AUIR Plan will be going to board and will be brought here for distribution. 1,149,000 last year - for I unit to come on line 2,500,000 this year - for I unit to come on line. Last Impact Fees were done in 2000, currently about 6 years behind. A suggestion was made that Impact Fees be done yearly. Board Members were advised to let Chief Page know if there are any reports they would like to see in the future, New Board Member requested the following report: # responses by districts and the average response times along with the call response from dispatch. Chief Page advised there have been discussions with the school board about the possibility of housing a station on school property. He is also checking with parks and recreation. Chief Aguilera stated the teachers have been trained in AED and CPR in the Public Schools. New Board Member requested that a New Paramedic Unit be brought to the nexl meeting, everyone can see the equipment discussed today. No December Meeting will be held, as many members will be out of town. 161: u Respectfully Submitted Melissa Hams, EMS ENVIRONMENTAL ADVISORY COUNCil . 1 l 11 l ''1 . . AGENDA February 1, 2006 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call III. Approval of Agenda V. Upcoming Environmental Advisory Council Absences Fiala oJ ~~'- Halas ",' / H ' V . ennlng_~~. _ Coyle _...:::: '_..._, Coletta "__ ~---.........., IV. Approval of December 7 & January 4, 2006 Meeting minutes VI. New Business A. Outstanding Advisory Council Member Nominations B. Wetland Protections in the South Florida Water Management District ERP Program VII. land Use Petitions A. Conditional Use CU-AR-7181 "North Bay Resort Beach Pavilion" Section 14, Township 51S, Range 25E B. Site Development Plan No. SDP-2003-AR-4596 "Fishermans Village" Section 11 & 14, Township 50S, Range 25E VIII. Old Business A. Sabal Bay update B. Continuation of Review of EAR amendments VIII. Subcommittee Reports IX. Council Member Comments XI. Public Comments XII. Adjournment *........ww.**.__________*____________*_____*_*____.*______.____.___...__*..**_*_____*__*_._.________.__ Council Members: Please notify the Environmental Services Department no later than 5:00 p.m. on Januarv 27. 2006 if vou cannot attend this meetinll or if vou have a conflict and will abstain from votinll on a petition /403-24241. General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need 10 ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Misc, Cc'\rres: CL ;;)../N/O(, , Item #,/Io.T de (If') COp.lS to: 1 t) ~ 1 II ":'oU.. _ December 7, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, December 7, 2005 LET IT BE REMEMBERED, that the Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence S. Dolan William Hill Lee Horn- Absent Judith Hushon Irv Kraut- Excused Erica Lynne Nick Penniman Michael V. Sorrell ALSO PRESENT: Susan Mason, Senior Environmental Specialist Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review "-4\ 1/ ;1 I'=> II ' "r.UUJL December 7, 2005 I", I. Meeting was called to order at 9:02 AM by Chairman Hughes. II. Roll Call Roll call was taken with lrv Kraut being excused. A quorum was established. III. Approval of Agenda Dr. Lynne moved to approve the agenda. Second by Mr. Dolan. Carried unanimously 7-0. IV. Approval of November 2, 2005 Meeting minutes Mr. Hughes noted for clarification on page four under "VI. Land Use Petitions, B. Conditional Use No. CU-2005-AR-7749, "Living Word Family Church", Section 30, Township 48S, Range 27E" his use of "chemistry" may have been too broad; he was specifically making reference to pesticides, herbicides and other environmental chemical applications. Mr. Penniman moved to approve the November 2nd, 2005 minutes. Second by Dr. Hushon. Carried unanimously 7-0. V. Environmental Advisory Council Absences There are no known absences for the next couple of meetings, VI. Land Use Petitions A. Planned Unit Development no. PUDZ-2003-AR-4991 "Rockedge PUD" Section 23, Township 50S, Range 26E - All those testifying were sworn in by Mr. Griffin, - No disclosures addressed, Bob Mulhere, RW A Consulting gave a presentation including the following points: . Introduced presenters. . Demonstration of project location on overhead. . 400 Multi family units are proposed; III of the units will be provided as affordable housing, constituting 80% of the Counties annual median income of $65,000 or less. . More than 25 acres will be preserved, . Several archeological sites will be preserved. 2 16' 1 . December 7, 2005 . There will be restricted access to the conservation areas where the archeological sites are located. Emilio Robau, RW A Consulting mentioned a berm and structural buffer that will be created to make traversing to the conservation areas more difficult. Dr. Hushon noted the Oak Hardwoods toward the front area of the property around the entrance being a slow growing tree that would be good to preserve, Mr. Robau replied that the entrance may have to shift due to the planned road changes for Collier Blvd. (951); though they would try to make every effort to retain the large Oaks. The Hospital potential access could be through an extension of Rattlesnake Hammock Rd. Water flow, discharge, impervious surfaces and listed species were addressed. It was mentioned that the water discharge will flow to the same location it does currently with the same amount of water. Mr. Mulhere noted that the affordable housing can provide housing for employees of the Hospital to the North. He will email the formula for figuring affordable housing, Mr. Robau demonstrated drainage discharge on overheads. The drainage is directed into the lakes prior to discharge. Mr. Hughes expressed concern about what will take place once lakes have silted out also addressing the issue to the public. Mr. Robau replied that source prevention would be in the home owner's association documents. Mr. Chrzanowski will forward an email to Committee Members that addresses the water management Best Management Practices and request a representative to give a presentation to the Committee. Dr. Hushon moved to accept Planned Unit Development no. PUDZ- 2003-AR-4991, "Rockedge PUD", Section 23, Township 50S, Range 26E with staff recommendations. Second by Mr. Dolan. Carries unanimously 7-0. VII. Old Business A. Update members on projects Susan Mason gave an update including the following points: 3 16\1 · December 7, 2005 . Staff reviewed the recordings of the Environmental Advisory Committee meeting regarding Sable Bay finding that the Conservancy was concerned about management and proper protection of the conservation easement and wanted to be incorporated into the easement to make sure there are no alterations of the intent of preservation and to be involved with the different types of management techniques for the tortoise. The motion passed included approval of Sabal Bay with staff stipulations, to include the Conservancy of Southwest Florida into the management and conservation easement, and to require the tortoise relocation study as discussed during the meeting. Some of the stipulations did not make it into the final version that went before the Board of County Commissioners. Mr. Dolan noted that WCl would be glad to work with the local college students to include them in on the relocation of gopher tortoises on the site pursuant to the permit from the Fish and Game Commission, He has already spoken with a Doctor at FGCU about grad students. Mr. Hughes expressed that time should be taken in order to make motions clear and concise. Susan Mason continued with the update: . Petition Bristol Pines went before the Board of County Commissioners and was approved with stipulations with a 4 to I vote. Mr. Chrzanowski gave an update on the Marisol Project, noting that the Core of Engineers has not issued permits as of yet. On an excavation permit an applicant can not move forward until attaining all Federal and State approvals as noted by Mr. Griffin. The Marisol PUD does have an expiration date, therefore if the project does not commence after a given time after approval it will expire. lfthere are any changes to the Marisol Project Mr. Hughes suggested that the Environmental Advisory Committee has the right to review. Mr. Sorell had tried to get information from the Game and Fish Commission on the success of the gopher tortoise relocation, Even under the Freedom of Information Act and a registered letter he was not able to obtain the information, 4 .1, It '\ '\: , r";, , .,1. \ ".;' ." ,....... .. December 7, 2005 Mr. Penniman moved that the Collier County Environmental Advisory Committee staffform a letter officially requesting information on gopher tortoise relocation studies to be received within a reasonable period of time. Second by Mr. Sorrell. The letter will be sent to the Florida Fish and Wildlife Conservation Commission in Tallahassee. Motion carries unanimously 7-0. Susan Mason continued with the update: . The January 4th Environmental Advisory Committee meeting that will include the Growth Management Plan Amendment can be an extended meeting in order to cover necessary items. Bill Lorenz noted that the Growth Management Plan Amendment Subcommittee will be meeting after the current meeting. A Planning Commission meeting should be occurring in February so all of the amendments should be finalized prior. He suggested having an extended meeting on January 4th, with the contingency plan of having available another meeting time if all items are not covered. Ms. Mason will reserve January 12th at 9: AM-12: PM in contingency, Mr. Hughes invited the public with new ideas pertinent to environmental Issues. VIII. New Business A. Outstanding Advisory Council Member Nominations None IX. Subcommittee Reports Covered under "VII. Old Business, A. Update members on projects" X. Council Member Comments Open discussion ensued covering the following issues: . Impervious areas and hydrology need to be looked into as a long term Issue, . Impervious areas can be made into pervious or partially pervious. . A subcommittee addressing impervious areas and hydrology issues was suggested. . Examining this issue for the County as a whole was suggested. 5 16 It ... FOREST LAKES Ho.\D\V.\ Y AND DR\I!\o\GF M.S.T.! . ADVISORY COMMITfEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 J Halas =- ~- Henning , Coyle / Coletta __/ -- Fiala Summary of Minutes & Motions December 14, 2005 III. Agenda & Minutes were approved. It was noted that Mike Pettit, Assistant County Attorney will give a brief review of the Sunshine Law at the January meeting. IV. Transportation Services Report B. Update on Annual Maintenance of Pipes & Ditches - Darryl A lengthy conversation followed concerning the responsibility of maintaining the swales on the Golf Course. It was note the MSTU is a "Roadway & Drainage MSTU," Diane Flagg responded the swales and drainage is the responsibility of the MSTU if it is roadway related as the Ordinance states, and the Ordinance needs to be followed, George Fogg moved to have staff determine the responsibility of the MSTU regarding the swales. Without a second, the motion was not considered. George Fogg moved the consultant be directed to determine which drainage swales are the responsibilities ofthe MSTU. Second by Bob Jones. Motion failed 2-2. (Bill Seabury & Roger Somerville voted no) V. Old Business B. Update by Wilson Miller - Craig Pajer George Fogg moved to proceed with installation ofthe signs to include the 2 entrances not to exceed $15,000. Second by Bob Jones. Carried unanimously 4-0. C. Update on Bonness & Pot Holes George Fogg moved to authorize up to $20,000 for overlay paving as defined by Wilson-Miller. Second by Bill Seabury. Carried unanimously 4-0. D. Update on County Wide Storm Water Improvements Project Bill Seabury moved to continue with Wilson Millers Annual Contract with the "On Call" Services not to exceed $30,000. Second by George Fogg. Carried unanimously 4-0. VIll. Public Comments Richard Barry - Concerned of the MSTU fees he pays on his taxes and why the Golf Course dictates to the MSTU what should be done and when. I Misc, Corres: Date: C}/J<-j/Oh . (q) Item #: / {PI. ,!) ( Cop\eIl to: 1611 . F()REST LAKES IH) \DW \ \\"il) I)R\J:\\C F \I.S:I.I. ADVISORY COMMITI'EE 288S HORSESHOE DRIVE SOUTH NAPLES, FL 34104 January 11,2006 Ae:enda L CALL MEETING TO ORDER II. ATTENDANCE IlL APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: December 14, 2005 Sunshine Low Review - Mike Pettit, Assistant County Attorney ~ TRANSPORTATION SERVICES REPORT A. Budget - Tessie SiIlery B. Update on Annual Maintenance of Pipes & Ditches - Darryl C. Code Enforcement policy/Naples Bath & Tennis VI. OLD BUSINESS A. Update by Wilson-Miller - Craig Pajer I. Letter to Golf Course 2. Update on Signage 3, Update on Pot Holes 4. Update on County Wide Storm Water Improvements Project- Margaret Bishop's attendance for more information VII. NEW BUSINESS VIII. PUBLIC COMMENTS IX. ADJOURNMENT Lit/' II/'XII/I/'elilllt ,,'i/l he Fehrllllf'rJI......!1I1I6 - III:/)II LIt lrarrif Opl'm/ion' ('ollft'I'I'Ilfl' Room 28115 1I01"I',hof Orin' ~"\Ilh \apk" n 3t III-t I 1611 ' F() REST LAKES IH) \1>'\.\ \\:\1) DRAI" \GE \I.S.T.I . ADVISORY COMMITfEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 December 14, 2005 Minutes I. The meeting was called to order by Bob Jones at 10:05 AM. II. ATTENDANCE: Members: Bob Jones, Roger Somerville, Virginia Donovan-Excused, George Fogg, Bill Seabury County: Darryl Richard-Project Mgr" Christina Apkarian-for Tessie SilIery, Diane FIagg- ATM Director (arrived at 10:45 AM) Others: Craig Pajer & Chris Breinling-Wilson Miller, Dick Freeland-Forest Lakes Assn. and Richard Barry-Single Family HomesIForest Lakes Blvd. III. APPROVAL OF AGENDA Point of information - Mike Pettit Assistant County AUorney will do a brief review of the Sunshine Law at January's meeting. Add - Under New Business "A" Review 4 year Annual Report Bill Seabury moved to approve the Agenda as amended. Second by George Fogg. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: November 9, 2005 George Fogg moved to approve the Minutes of November 9, 2005. Second by Bill Seabury. Carried unanimously 4-0. V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery - (Attached) Budget was distributed. Items discussed were: . Trees from Naples Bath & Tennis in the canal from Hurricane Wilma, The Committee felt it was time they remove the debris. Code Enforeement will be notified as the debris is beyond the property lioe impeding MSTU property. . Craig also brought up areas of concern for tree removal in the Woodshire Ditch affecting the drainage outfall and other areas that could present potential problems from the Naples Bath & Tennis area. Another area is the road from the Belleview Apartments - Quail Forest between 2 lakes - Darryl will address all the above issues with the proper departments. Budget income was the same as November. Christina will send out information on the General Liability Insurance information that pertains to the Committee members, B. Update on Annual Maintenance of Pipes & Ditches - Darryl . Lake Doctors has been removing debris, maintaining the ditches and spraying herbicides . Looking to renew debris Contract with 3 quotes as Lake Doctors is not on the Counties Annual Contractor list. I jc, \) i" ~l) , I I ~ ,,~ . Darryl is requesting quotes for annual on-call services for removing debris from the Golf Course and/or re-grade swales to remove high points that would be blocking the swales. Discussion and questions followed on the responsibility of maintaining the swales and drainage. It was noted the MSTU is a "Roadway & Drainage MSTU." Bob Jones stated it is a joint responsibility, He mentioned a document had been created some years ago by the people that started the total project called Forest Lakes, When those people were no longer involved, the County never indicated there was a continuing guarantee, He stated this should be investigated furthcr. Roger Somerville mentioned the swales were always taken care of by the Golf Course but needed to be remiuded from time to time, Diane Flagg responded the swales and drainage is the responsibility of the MSTU, More discussion followed on developers, drainage in the areas around the Golf Course and the responsibility for ALL drainage. If the drainage is the MSTU's responsibility, then the MSTU should be able to inform the Golf Course what works needs to be done and do it. George Fogg moved to have staff determine the responsibility ofthe MSTU regarding the swales. Without a second, the motion was not considered. Diane Flagg stated according to the MSTU's Ordinance it states: the unit herby created and establtshed is for the purpose of providing, installing and maintaining improved roadway lighting. traffic control signage and devises. roadway-related drainage and roadway restoration within the area of the Unit and to that end shall possess all the powers to do all things reasonable necessary in connection therewith. It lists the improvements and continues to say: maintenance of such improvements"" '"' "" ' Diane asked Craig if there are any swales within Forest Lakes that are not roadway related, Craig responded "almost all the swales are roadway related because water comes into Forest Lakes, goes into the lakes and goes through the swales into the Gordon River." He asked the definition of roadway, Diane answered "if the water is exiting the road and going into the drainage system into the swales then that is roadway related," The Ordinance needs to be followed. George Fogg moved the consultant be directed to determine which drainage swales are the responsibilities ofthe MSTU. Second by Bob Jones. The Consultant is the only one that can determine which swales are related. Craig will need to consultant within his office for an opinion of what a roadway is, SPEAKER Richard Barry - Forest Lakes Blvd. for 1 year and a member of the Golf course for 18 years - stated he gave an easement to the County for drainage stating he owns the drainage and swale, He informed the Committee members of the situation he encounters with the drainage and swales in his area. Craig responded Mr, Barry is correct because in the Single Family homes there is a drainage easement. The scenario of drainage was described, 2 ~atl . Craig could not give an estimate of costs at the meeting, Darryl mentioned their Contract does have provisions for on-call services up to $30,000. Motion Failed 2-2 (Bill Seabury & Roger Somerville voted No) Diane also informed the Committee if they have an easement, they can go onto the property anytime - if it is "private property" they need to work with the owner to gain access, There have been letters in the past written for access to certain areas of which one is the Golf Course, The Consultant made recommendations in the Master Plan consistent with the definition of their Ordinance, Darryl asked Craig to bring documentation that covers the committee's actions covering the Ordinance, C. Code Enforcement policy/Naples Bath & Tennis - Discussed earlier, VI. OLD BUSINESS A. Letter from Golf Course - Darryl Darryl informed the Committee he met with Wilson Miller with the Golf Course Board meeting on December 6th in which the Board approved certain projects and did not want other projects to proceed without an explanation further from the Consultant (Wilson. Miller) They approved the following: . Modifications on Swale #2 . Change Order with Kyle Construction 24" culvert into #7 & hole #8 and swale #15 . As soon as Wilson Miller rcsponds to the Golf Courses' questions, Darryl will send a letter to the Golf Course Board that was requested by the MSTU last month, Darryl also mentioned there is nothing to keep the MSTU from going forward with the projects in spite of the Golf Courses' objections. But they want to cooperate with a response to their questions first. The Golf Course Board wants to work with the MSTU and is not against the projects, Darryl was directed to work with and reply to Lou Rossi and the Golf Course Board, The Gordon River outfall is managed by the Storm Water Department and SFLWM- Craig stated the drainage depends upon the Gordon River outflow. Need report from Water Quality Park & Storm Water on how it affects Forest Lakes Drainage B. Update by Wilson-Miller - Craig Pajer 1. Results of Traffic Control Study on Stop Signs Results of the Signage and Marketing Study was distributed and discussed. (Attached) a. Estimated Start Date George Fogg moved to proceed with installation ofthe signs to include the 2 entrances not to exceed $15,000. Second by Bob Jones, The Entrance and the Exit is within the MSTU and needs to be in the study, The Publix area was discussed and Craig & Darryl will contact them in reference to the signs, 3 16 Ll o Carried unanimously 4-0. 2. Discussion by Committee on Priority list for FY '06 Budget . Re-grading of Swales, 7, 10, and 2 - in design - done end of year . Kyle authorized to finish up villas issues - but not to do # 15 as the Golf Course needed more information . 24" pipe drain across the Golf Course is designed and ready for construction when coordinated with the Golf Course . In summary - the Golf Course is in favor of the projects once they get some technical information from Wilson Miller and then correspondence will be sent confirming the go-ahead. C. Update on Bonness & Pot holes - Darryl/Craig Craig will recommend an overlay area of approx. 500 feet at thc next meeting. Darryl will review the scope of the open PO for pot hole repair and see if it matches for the overlay recommended. George Fogg moved to authorize up to $20,000 for overlay paving as defined by Wilson-Miller. Second by Bill Seabury. Carried unanimously 4-0. D. Update on County Wide Storm Water Improvements Project - Darryl Discussed earlier - will try to have Margaret Bishop attend a future meeting. Bill Seabury moved to continue with Wilson Millers Annual Contract with the "On Call" Services not to exceed $30,000. Second by George Fogg. Carried unanimously 4-0. VII. NEW BUSINESS A. 4-year Annual Report (To BCC by MSTU Board) Draft copy was distributed (attached). The Report was reviewed by the Committee, Diane noted 3 changes. VIII. PUBLIC COMMENTS - Richard Barry - talked about paying into the MSTU and the amount he pays when he is still having drainage issues and why the Golf Course has so much to say about the drainage projects in the MSTU. It was noted he thought they are paying only approx. $8-9,000 for the MSTU contribution. Darryl will check on what the Golf Course actually pays in taxes annually and to the MSTU, Dick Freeland - Forest Lakes - He alerted the Committee that a sign disappeared at Forest Lakes Drive and Forest Lakes Blvd. (Also) Kyle Construction has left gravel piles in the Cul-de-sac, Craig will coordinate cleaning it up with Kyle Construction, There being no further business to come before the Committee, it was moved and seconded to adjourn. The meeting adjourned at 12:51 PM. Ih<! 1I<!.III11I'<!,ill!; will hi' JlIlIlIlIrr 11.,21/1/6 ..11/:/111 .LIJ Trafli.. Opt'rations ('Ilnfl'noncc Rllllm 2SI'>5 il',,'s('sllo,' Drive ".,..1 II \aplt-s. F! J.t! i1.t 4 1611 . ADVISORY COMMITTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 (print in upper/lower case, no bold, delete line above and this line, forward report to the attention of Winona Stone) IA. lB. Ic. ID. IE. IF. IG: IH. I I I I I I I I I STAFF AGENCY: I Alternative Transportation Modes AUTHORITY: I Ordinance No.9l-l07 SUBMITTAL DATE: I December 12,2005 I. SUMMARY: Give a brief history, including date created, purpose, current members, membership composition if apolicable, meeting schedule, etc. In 1991, Collier County Ordinance No. 91-107 created the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit and its associated advisory committee to manage maintenance and capital improvement projects within the Forest Lakes MSTU. This ordinance was updated in 2005. The Citizens Advisory Committee is composed of 5 members, with members appointed by resolution of the Board of County Commissioners for a three-year term. Committee members are required to address community capital improvement projects and must be balanced in representing the views of the community, The committee is responsible for the authorization of community affairs that would be usually maintained by a homeowners association. The committee may also assist in the implementation of those recommendations. Regular Productivity Committee meetings are scheduled for the second Wednesday of the month at 10:00 A.M. in the Traffic Operations Conference Room at the Transportation Department building, 2885 Horseshoe Drive South, Naples. The current membership is composed of Chairman Bob Jones, Vice-Chair Bill Seabury, George Fogg, Virginia Donovan, and Roger Summerville. All of the members reside within the boundaries of the Forest Lakes MSTU. - Ver:iew- C~. 16 ~ 1 . 1. Whether the Committee/Board is serving the purpose for which it was created. The Forest Lakes MSTU is serving the purpose for which it was created. The MSTU has approved a multitude of projects aimed to improve the drainage and roadway infrastructure. Over the past three years the MSTU has invested more than $ 1,000,000 for drainage, paving and signage master plans and the design and construction of drainage pavement improvements. 2. Whether the Board is ade uatel servin current communi needs. The Forest Lakes MSTU has master plans compiled for roadway and drainage im rovements that are re uired. It is progressing through these rojects on a yearly basis. 3. List the Board's major accomplishments for the preceding 12-month period. a. Approved the installation of yard drains, piping, and outfalls to allow for improved internal conveyance of stormwater throughout the Forest Lakes Villas Community. b. Approved the desilting of dual 36" culverts (near Lake 5) that provide backbone drainage infrastructure to the whole MSTU. c. Approved the installation of catch basins and swale regrading where stormwater conveyance was deficient. d. Approved the installation of a control structure gate to maintain proper lake storage of Lakes #15 & #16 during storm events. e. Approved the pavement overlay of six cul-de-sacs where pavement had severely deteriorated, and the addition of an annual roadway maintenance contract for pothole repair. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The Forest Lakes MSTU board is serving its purpose well. The members ofthe committee are very familiar with the MSTU and the community's deficiencies that need improvement. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. No, the ordinance has been recently updated with the assistance of Assistant County Attorney Jeff Klazkow. 6. Whether the Board's membershi re uirements should be modified. Candidates both familiar with and interested in stormwater issues, grading and drainage should be encouraged to participate in this committee by modifying the requirements. 1611 . . 7. The cost, both direct and indirect, of maintainin the Board. The Direct costs to maintain the MSTU on average $30,000 on an annual basis (FY05 Direct Cost total: $30,560.55). This includes cost of Consulting Services by Engineer, Electrical Service For Pump System, Secretarial Services, and Legal Advertisements. Indirect Cost to maintain the MSTU Board is Cost Related to County Departments Services to the MSTU on an annual basis. Annual average of indirect cost is $3,800.00 (FY05 Indirect Cost total: $5,400.00) The costs to maintain the MSTU are small in comparison to the value provided to the residents in rovidin a fundin mechanism to construct needed im rovements. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: The Forest Lakes Roadway and Drainage MSTU community advisory board would like to thank Alternative Transportation Modes Administrator Diane Flagg, Project Manager Darryl Richard, and Project Coordinator Tessie SilIery for their service in assisting the MSTU in improving the community. K: STAFF COMMENTS: The Forest Lakes MSTU serves the community of Forest Lakes as per the MSTU Ordinance. The Current Projects are related to drainage, pavement improvements, and maintenance of waterways. The Forest Lakes MSTU Committee is authorizing projects as per the recommendations of Engineer Consultant. , ?" n .;;:~ f' n ,! 0 "" .....# tl ..!h WilsOnMiller " Roadway Signage and Pavement Marking Study Prepared For: Forest Lakes Roadway and Drainage Municipal Services Taxing Unit Community Advisory Board Collier County Traffic Operations and Alternative Transportation Modes Department 2885 Horseshoe Drive South Naples, Florida 34104 Prepared by: Wilson Miller 3200 Bailey Lane, Suite 200 Naples, Florida 34105 12/1312005-157863 VerOll-CBREINLI CA#4J N8213-002-001-ECOR-JQOOO 16\1 · WilsOnMiller .. SCOPE The Forest Lakes Municipal Services Taxing Unit (MSTU) Community Advisory Board has retained Wilson Miller, Inc. 10 perform a roadway signage and pavemenl marking sludy of Ihe existing Iraffic signage and pavement markings within the Forest Lakes MSTU. It is important 10 note thaI Ihis is nol a Iraffic analysis of Ihe Forest Lakes MSTU, bul an evalualion of exisling signage facililies and pavemenl markings, Suggested improvemenls will be provided throughoul Ihis report and are shown on a separale plan set created for this study. The Foresl Lakes MSTU development has two enlrances; both of which lie along Pine Ridge Road. These two accesses are at Foresl Lakes Boulevard, one is north of the Quail Run Golf Club Clubhouse, and Ihe olher al Ihe northern end of Woodshire Lane. Mosl roadways within the Foresl Lakes MSTU lerminale in cul-de-sacs, however, a main loop roadway is formed by Foresl Lakes Boulevard and Woodshire Lane, which both run along the periphery of the development boundary. FOREST LAKES BOULEVARD Foresl Lakes Boulevard is one componenl of Ihe main loop thaI runs Ihrough Ihe Foresl Lakes MSTU. It begins at Ihe northeasl wilh Ihe inlersection of Woodshire Lane and runs along the northern, weslern, and southern boundaries of the development. Twenly-two cul-de-sacs originale from Ihis roadway and spur outwards from Foresl Lakes Blvd. Currently, each cul-de- sac has or should have a stop sign with slop bar al each of Ihe inlerseclions with Forest Lakes Blvd. Even though a Iraffic sludy has nol been performed, observalion of Ihe cul-de-sacs by the engineer has shown Ihal each cul-de-sac generales a small volume of Iraffic, These volumes do not necessitale any addilional signage or pavement markings. There are several condominiums Ihal comprise Ihe Forest Lakes Golf & Tennis Club, along with several olher Turtle Lakes Golf Colony Condominiums that run along the east-west segmenl of Forest Lakes Boulevard (the segment paralleling Pine Ridge), The condominiums and villas along Ihe northern segmenl of Foresl Lakes Boulevard will benefit from slop signs being placed at their accesses. Stop bars are also recommended for reinforcing Ihe exisling slop signs. 1211312005_157llS3 V.,,-Ol!-CBREINLI GA#4J N8213-002-001-ECOR-30090 'i (f'~, ~ "1'\ """ V I '" WilsanMiller ~ FOREST LAKES DRIVE Forest Lakes Drive is a spur roadway serving Ihe Foresl Lakes Villas and Forest Lakes Condominiums Communities. This roadway branches 10 allow access to components of the Forest Lakes Villas, and has a few conflicling inlersections near Ihe soulhern end, This road would benefil from additional slop signs placed al Ihe unmarked interseclions within Foresl Lakes Villas. A left-Iurn-only is recommended for Ihe north-south segmenl of roadway due North of the Forest Lakes Clubhouse. Parking spaces and widlh of pavement along Ihe western edge of the clubhouse reslrict Wlo-way Iraffic through that particular roadway segment. QUAIL FOREST DRIVE Quail Forest Drive is anolher spur roadway thaI serves the Carllon Condominiums, Doral Condominiums, Verandas Condominiums, Miravista Condominiums, Villas al Quail Run, and apartmenls. The parking lols for each of Ihe individual condominium complexes converge al local driveways 10 Quail Foresl Drive, There are a few existing signs localed along this roadway, with a slop sign at the inlerseclion wilh Forest Lakes Blvd, II is recommended thaI a slop sign be localed at each of Ihese exils thaI inlersect with Quail Foresl Drive. Slop bars are a recommended addilional reinforcement. TURTLE LAKES COURT Turtle Lakes Court is the last and shortesl spur road that intersects with Foresl Lakes Boulevard. Turtle Lakes Court runs north and soulh amongsl the Turtle Lakes Golf Colony Condominiums, and is serviced by several driveways Ihal provide access to parking lols adjacent to the condominiums, Slop signs at each of Ihe driveways are recommended to slop Iraffic from entering Turtle Lakes Court without making a complele stop, Slop bars are a recommended additional reinforcement. 1211312005-157863 VerOl'-C8REINLI CA04' N8213-002-001-ECOR-J0090 16\1 · WilsOnMiller .. WOODSHIRE LANE Woodshire Lane is a roadway Ihal runs north and soulh along Ihe eastern edge of the Foresl Lakes MSTU and is Ihe second componenl of the main loop roadway thaI encircles Ihe development. This roadway services Ihe Woodshire Villas, Emerald Greens Villas and Ihe Fairways al Emerald Greens Villas. Each cluster of villas Iypically shares Iwo common driveways Ihal service parking lols for each clusler. II is our recommendalion Ihat stop signs be placed al each one of Ihese accesses 10 prevenl vehicles from entering Woodshire Lane before coming 10 a complete slop. Slop bars are a possible addilional reinforcement. Exisling warning signs denoting the gO-degree turn along Ihe Naples Bath & Tennis Club property should be replaced due 10 weather delerioration. CONCLUSION The roadway signage study and pavement marking study is inlended 10 provide a means to increase roadway safely wilhin Ihe Foresl Lakes MSTU. Recommendations have been provided in Ihis report to assisl the Community Advisory Board in determining which improvements should be made within Ihe MSTU. Without a full Iraffic study of Ihe MSTU, speed and traffic counl componenls could not be applied to Ihis sludy, however, simple volume observations have helped in delermining which signage should be applied when making improvements 10 Ihe MSTU's roadway signage. ATTACHMENTS Roadway Signage and Pavement Marking Improvements Eslimale 12113/2005-157863 Ver 01'-CBREINLI CA"'" N821:J.-002-001_ECOR.30090 ".... lh \' · WilsOnMiller ~ PIN: N8213,Q02,Q01 DOC: #157856 Attachment 1 Roadway Signage and Pavement Marking Improvements Estimate Forest Lakes Drive ITEM SIGN I MARKING MUTCD CODE UNIT QTY UNIT PRICE TOTAL ITEM PRICE 1 STOP (24" x 24") R1-1 EA 9 $70,00 $630,00 2 LT TURN ONLY R3-5 EA 1 $25,00 $25,00 3 NO OUTLET W14-2 EA 1 $70.00 $70,00 4 STOP BAR LF 200 $2,50 $500,00 $1,225.001 TOTAL Quail Forest Drive ITEM SIGN I MARKING MUTCD CODE UNIT QTY UNIT PRICE TOTAL ITEM PRICE 1 STOP (24" x 24") R1-1 EA 16 $70,00 $1,120,00 2 STOP BAR LF 230 $2,50 $575.00 $1,695.001 TOTAL Turtle Lakes Court ITEM SIGN I MARKING MUTCD CODE UNIT QTY UNIT PRICE TOTAL ITEM PRICE 1 STOP (24" x 24") R1-1 EA 18 $70.00 $1,260,00 2 NO OUTLET W14-2 EA 1 $70,00 $70,00 3 STOP BAR LF 266 $2,50 $665,00 $1,995.001 TOTAL 12/1312005-157863 VerOll_CElREINLI CA04' N8213_002"()Ol_ECOR_3Q090 16 II ~ o WilsOnMiller . Woods hire Lane ITEM SIGN I MARKING MUTCD CODE UNIT QTY UNIT PRICE TOTAL ITEM PRICE 1 STOP 124" x 24") R1-1 EA 17 $70,00 $1,190,00 2 LT TURN WARNING W1-1 EA 2 $70.00 $140.00 3 RT TURN WARNING W1-1a EA 2 $70,00 $140,00 4 STOP BAR LF 270 $2,50 $675,00 $2,145.001 TOTAL Forest Lakes Boulevard (E-W segment) MUTCD ITEM SIGN I MARKING CODE UNIT QTY UNIT PRICE TOTAL ITEM PRICE 1 STOP 124" x 24") R1-1 EA 11 $70,00 $770,00 2 STOP BAR LF 210 $2,50 $525,00 $1,295.001 TOTAL Forest Lakes Boulevard (SFH Area) ITEM SIGN I MARKING 1 ISTOP BAR MUTCD CODE UNIT QTY UNIT PRICE TOTAL ITEM PRICE I $2.50 I $1,045,001 LF 418 $1,045,001 TOTAL $9,400,001 GRAND TOTAL 1211312005-157863 VerOll.CBREINLI CA""3 N8213-002-001-ECOR-30090 . > . '" ':F'""f I:~ l'I ~D i ~ rr-l 8 ~ 't'O ~; ..~ 1I)~C'\l ~~~ ] III E . . .. 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Update by Wilson Miller A handout of Flow Calculations was explained for the single family homes, Showed the elevation of the lakes and different numbers showing a tidal influence of the Gordon River that can affect outflow from Forest Lakes on hole #8, George Fogg moved to approve the regrading of the grade changes from Swale #15 and the 24" pipe drain across the Golf Course Hole #7. Second by Virginia Donovan. Carried unanimously 3-0. 1. A letter will go out today to the Golf Course answering questions asked by the Board of Directors, IT will also state the MSTU is proceeding with the projects discussed IV. Approval of Minutes: December 14, 2005 Bob Jones moved to approve the Minutes of December 14, 2005. Second by George Fogg. Carried unanimously 3-0 ) Fiala ) Halas v / Henning.: :Y Coyle ~,\ Coletta ..JL........ Mise, Corras: Dale: Ilem#: Copies 10: I 16~1 0 F()REST LAKES Ro.\DW\ \ V,D DIUI,\\(;F \I.S.T.l . ADVISORY COMMITTEE 2885 HORSESHOE DRIVE soum NAPLES, FL 34104 February 8, 2006 A2enda L CALL MEETING TO ORDER IL ATTENDANCE m. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: January II, 2006 Sunshine Law Review - Mike Pettit, Assistant County Attorney V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie SilIery B. Update on Annual Maintenance of Pipes & Ditches - Darryl Richard VL OLD BUSINESS A. Report by Wilson-Miller - Craig Pajer 1. Update on letter to Golf Course 2, Update on Signage 3, Update on Pot Holes 4. County Wide Storm Water Improvement Project - Darryl Richard VIL NEW BUSINESS VIIL PUBLIC COMMENTS IX. ADJOURNMENT nil' IIc.\'II/ICerilll-t will he ,\larch S, /11111, - 111:110, UI Trani" Op{'n.tioll' COl1rrn~llre Room 2SX::; Ilorw,hot' IhiH Sooth \ap,,"'. H 5,111!~ 1 1611 . F()RI<=ST LAKES HO\D\\ \\\"11> DR\IN,\GI: \I.S,Tol ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 January 11, 2006 Minutes I. Meeting was called to order by Chairman Bob Jones at 10:20 AM, A quorum was established at 10:30 AM. II. ATTENDANCE: Members: Bob Jones, Virginia Donovan, Roger Somerville (Absent), Bill Seabury (Absent), George Fogg-1O:30 AM, County: Darryl Richard-Project Mgr" Tessie SilIery-MSTU Coordinator, Diane FIagg-ATM Director Others: Craig Pajer & Chris Breinling-Wilson Miller, J. T. Dunn-Resident, Sue Chapin- Manpower Services III. APPROVAL OF AGENDA VI. OLD BUSINESS A. Update by Wilson-Miller - Craig Pajer The Aerial was displayed with all discussions directed at the map, . Kyle is finishing the work in the Villas area of Forest Lakes Drive and doing a Change Order that has been authorized at an earlier date, He will be addressing the area in front of Vir gini as Villa on Forest Lakes Drive, . Flow Calculations for single family homes was handed out. (Attached) This shows the elevation of the lakes and ground in Forest Lakes and the route of the Gordon River Canal to swale #7, Hole #8 was discussed and explained with the different numbers showing a tidal influence of the Gordon River that can affect outflow from Forest Lakes on hole #8, . Further discussion took place on Lake and Swale # 15 with reference to the aerial. Virginia discussed her area and erosion control for Lake #6 on Hole #7. Large boulders sliding into the lake on the Golf Course hole #7 was again mentioned, George Fogg moved to approve the regrading of the grade changes from Swale #15 and the 24" pipe drain across the Golf Course Hole #7. Second by Virginia Donovan. There is a high point on the swale and they will re-grade the northern half - not the whole swale, just half of it. Carried unanimously 3-0. 1. Letter to Golf Course - a response to the Golf Course questions has been prepared by the Engineers at Wilson Miller and submitted to Darryl as of today, Darryl stated the letter to the Golf Course, answering their questions and telling them the MSTU will proceed with the projects, will be sent today, I 1611 II Virginia mentioned when the Golf Course was reconstructed, they built hills on the Golf Course and raised the lcvel of thc Course changing the topography, Going to recycled water, they laid new irrigation lines, running into large boulders, They put them around the edge of the lake she referred to on the aerial, Due to the weight of the boulders; they have sunk into the lake causing the erosion and reducing the water capacity of the lake. This needs to be checked and see if there is a solution. Joe Dunn - has lived in Forest Lakes 10 years in season, He lives in the area of discussion, He has found 5 inches of water in his Florida room and raised the floor to resolve the issue, but since has found water in the garage. He also heard about sandbagging an entrance to a lake, Diane Flagg explained the situation with the Golf Course sandbagging a pipe based on direction from the City of Naples, To prevent water going into the Gordon River was the reason the Golf Course sandbagged the pipe, This has been discussed in the past and been resolved, They were told not to do it again and the MSTU is not aware of it happening again, If so, a Code Violation will be filed and they will appear before the Code Enforcement Board and face a fme, George Fogg mentioned the trees along the Naples Bath & Tennis area have been removed, IV. APPROVAL OF MINUTES: December 14, 2005 Bob Jones moved to approve the minntes of December 14,2005. Second by George Fogg. Carried unanimously 3-0. Sunshine Law Review - Mike Pettit, Assistant County Attorney-do to lack of quorum at 10:00 AM Mr. Pettit will give the presentation on the Sunshine Law at a future meeting set-up by staff. V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery . Budget was distributed and various items covered, (Attached) . Cougar Construction has a PO for $590 . Discussed the available PO balance of$3,28l for Pothole patching by Bouness, B. Update on Annual Maintenance of Pipes & Ditches - Darryl Lake Doctor is lifting the man hole covcrs and inspecting the drain covcrs, Will gct estimate for cleaning out the culverts. Darryl will also obtain quotes for cleaning debris for lake maintenancc and swalc clean-out. Co Code Enforcement policy/Naples Bath & Tennis - as previously reported the trees havc becn removcd but thcrc is still debris blocking the outlet to the Gordon River. Darryl will contact Storm Water for this problem since it is Wilma related. VI. OLD BUSINESS: 4. Update on County Wide Storm Water Improvements Project - Margaret Bishop's attendance for more information Darryl spoke with Jcrry Kurtz concerning a Change Order which would add funds for a consultant for this project. They are waiting for roadway projects to be completed before moving forward, The previous Director has committed to this project, 2 16 ~ 1 ('; The Committee would like to have Ms. Bishop or someone responsible for the project attends a future meeting. Darryl stated Jerry Kurtz would probably be in charge of the particular section affecting the MSTD. 2. Update on Signage - Darryl has requested quotes and installation for the SIgnS. 3. Update on Pot Holes - Covered earlier, Craig's report continued: . Met with South Florida Water Management concerning the Pump Station. He referred to the Gravity Sewer Project Handout (Attached). Shows water levels, elevations, how much water it pumps and different pressures, The figures show little water is being pumped out, so isn't worth operating and maintaining the pump station and Craig didn't think getting a generator to hack it up was necessary, . Much discussion followed on the pump station and obtaining a generator. A generator may be necessary if this project is not done before the rainy season, Craig is not suggesting to abandon the pump station before the project is done, but when they submitted the permit to SFL WM he did tell them the pump station would be removed, The pipe being used, currently pumping the water is where the pipe has to go to get to the Gordon River. (A 15 foot drainage easement) . The estimate of $250,000 was done I 1/2 years ago and will need to be updated with more detailed plans and design, Three swales are under design now (#7, #10, & #2) . Darryl will check on all the particulars of obtaining a generator, the outlets and storing it on site, (A TM) VII. NEW BUSINESS - Darryl talked about the meeting Bob Jones attended with all the MSTU Chairman concerning carry-over figures for each Committee. The Budget Office explained how the figures are calculated and the report will be finalized when the Budget Office's audit is finished, The report will be furnished to the Committee at the next meeting, Diane discussed the issuance of a Revenue Bond. The Budget Director doesn't do Revenue Bonds in the State of Florida and that a regular Bond needs to be done and does go to a Referendum, Tessie will set-up a meeting with Assistant County Attorney Scott Teach, Bob Jones, Diane Flagg, Mark Isackson and Darryl Richard next week if possible to discuss the Bonding issue further. Mr. Fogg asked if the Advisory Committee could receive information that is going to be discussed at the meeting prior to the meeting date. 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Golden Gate Community Center Advisory Board Meeting Monday, February 7, 2005 Present - Bill Arthur, Vicki Clavelo, Kaydee Tuff, Keith Larson, Steve Whittier and Ellen Barkin Absent - Cheryle Newman and Jim Hennink Approval of December minutes was unanimous (there was no quorum for the January meeting), HOLIDAY EVENTS REVIEW 1. Tower Lighting Festivities - Friday, December 10th Over 200 people attended the event, which was held inside due to rain rather than on the band shell as had been planned. As a result, things were rather crowded. There were more things scheduled than in the past, and some people left after their child's performance, etc, Keith suggested that all holiday events become the responsibility ofGGCC staff to avoid miscommunication and to help with consistency, 2. Trolley Rides Keith thanked Kaydee for mapping out the driving routes. The event went well, with approximately 6-8 runs with 40 people per load. The drivers were enthusiastic and friendly, The Auditorium was decorated nicely, but the soda and coffee sales were not very successfuL The glow jewelry sold out, however. Kaydee will look at the amount of money that was collected. 3. Walk of Trees Home Depot gave us the trees for $10,00 each. There were 16 trees in total, but several were not picked up in a timely manner. A suggestion was made to invest in more lights for the exterior of the building. Golden Gate Community Center Advisory Board (conL) February 7, 2005 Page 2 1611 ... 1 . SPECIAL EVENTS REVIEW Bridge Tournament Bike Fest Cool Cruisers Car Show January 20th January 22nd January 29th 60 participants 1,500+ in attendance Almost 300 cars FEBRUARY PROGRAMS 5th Grade Dance Senior Expo Golden Gate Festival February 4th February 9th February 24-27 350 participants 40 exhibitors, 500 participants WHEELS NBL RACE UPDATE Point races began in January. As a general trend, we have had more racers at each race than the one before. The biggest race to date included 45 participants, Races are organized by age and skill level. Kathy Topoleski and Ariane Willis attended the NBL Competition Congress in Tennessee where they were able to network with people from tracks around the country. We have received consistently good feedback about the track from a number of sources including parents, racers, and staff from other Florida tracks. We have had people come from West Palm, Miami, St. Pete, Boynton Beach, Lake Wales, etc, The Cape Coral track is looking to help us draw new members by canceling a Saturday race one week and encouraging people to come to our facility. As of the date of this meeting, there were 966 registered members at Wheels, ranging from 6 - 39 years old. There have been no results from the investigation into the break-in which occurred on Christmas Eve. GOLDEN GA TE FESTIVAL UPDATE Cheryle was not in attendance to give a report. Keith reported that the permits were in place, 1611 . Golden Gate Community Center Advisory Board (cont.) February 7, 2005 Page 13 GGCCABVACANCY Jim Hennink has reapplied for his position on the board, but his paperwork was turned in after the deadline. Ernie Bretzmann has also applied. Vicky made a motion to recommend Ernie for the position, Kaydee seconded and the board voted unanimously in favor of the motion, The board appreciates Jim's service to the board but recognizes that due to his work schedule it is difficult for him to attend the meetings, MONTHLY REPORT January's revenue totaled $28,786.96, a 71% increase over last January, The Y-T-D total is $82,606.21, a 55% over this time last year. MEMBERS'ADDnnONS Kaydee asked about the donations, which were received for the Trolley Rides, Keith suggested that they be given to the President's Council. Meeting was adjourned at 6:57pm. The next meeting will be Monday, March 7th at 6:00pm 16 ~ 1 r'" Memorandum To: Golden Gate Community Center Advisory Board From: Keith Larson, Supervisor Golden Gate Community Center Re: Monthly Meeting: Monday, March 7, 2005 AGENDA 1. APPROVAL OF FEBRUARY MINUTES 2. DEPARTMENT RE-ORGANIZA TION & GGCC STAFF CHANGES 3. GGCC FY 06 BUDGET INFO 4. GOLDEN GATE FESTIVAL REVIEW 5. GGCC MARCH PROGRAMS & EVENTS 6. WHEELS MARCH PROGRAMS & EVENTS 7. GGCC SUMMER CAMP INFO 8. MONTHLY REPORT 9. MEMBERS ADDmONS 1611 . Golden Gate Community Center Advisory Board Meeting Monday, March 7, 2005 Present - Bill Arthur, Vicki Clavelo, Kaydee Tuff, Ernie Bretzmann, Cheryle Newman, Keith Larson, Steve Whittier and Ellen Barkin Approval of February minutes was unanimous, Keith and the members welcomed Ernie back to the board. DEPARTMENT RE-ORGANIZA nON & GGCC STAFF CHANGES Keith announced that Kathy Topoleski (program Supervisor) has been transferred to East Naples Community Park, and that he will once again be in charge of only GGCC (no longer will be over Vineyards and Veterans Parks). Kathy's last day at GGCC is March 19th for our Easter Egg Scramble. No further information is available regarding the timing of the changes in Keith's responsibilities. The re-organization ofthe department is coming down from Marla Ramsey, who is now the Public Services Administrator, Sue Satow, former Program Supervisor at East Naples Community Park, will be joining GGCC staff as a Program Leader, GGCC FY 06 BUDGET INFO The first proposal of next year's budget has been submitted, but many changes are expected once the re- organization takes place. GOLDEN GATE FESTIVAL REVIEW Cheryle said that the festival went quite well, although less revenue was brought in than in recent years. Keith will let the board know how much comes to the Community Center once the check arrives. Keith announced that GGCC received a $6,500,00 donation from the Cool Cruisers after the Car Show, which was the largest show to date, Adjustment will need to be made next year to accommodate growth. 16 ./ .~ : . ,- j . Golden Gate Community Center Advisory Board (cont.) March 7, 2005 Page 2 Cheryle suggested that we purchase an adapter so that the band shell sound system can be made compatible with the most common equipment, MARCH PROGRAMS No School Camp Easter Egg Scramble Bridge Tournament Spring Fling Camp March 14th March 19th March 17th March 21-25 30 participants 240 families (approx. 1,200 participants) 84 participants 38 participants WHEELS MARCH PROGRAMS & EVENTS In Line Skate Clinics Skateboarding Clinics March 5-26 March 5-26 4 participants II participants GGCC SUMMER CAMP INFO Summer Camp registration began on March 7th. We have the same sites as last year: GGCC, Gvlden Gate Middle School, Poinciana Elementary, and Oak Ridge Middle School. MONTHLY REPORT February's revenue totaled $18,058.66, a 14% increase over last February. The Y-T-D total is $100,664.87, a 46% increase over this time last year. MEMBERS' ADDITIONS Kaldee announced that the proposed 46th Street neighborhood park will be back before the BCC on March 16 at 2:00pm. Steve let the board know that the Parks & Recreation Accreditation proclamation would take place at the BCC meeting on Tuesday, March 8th, Our organization is one of only 52 accredited agencies in the nation. Bill Arthur was unanimously voted in as the new Chair, and Ernie Bretzmallll was unanimously voted in as the new Vice Chair. Meeting was adjourned at 6:57pm, 16 ~ 1 . Memorandum To: Golden Gate Community Center Advisory Board From: Keith Larson, Supervisor Golden Gate Community Center Re: Monthly Meeting: Monday, April 4, 2005 AGENDA 1. APPROVAL OF MARCH MINUTES 2. DEPARTMENT RE-ORGANIZA TION UPDATE 3. GGCC FY 06 BUDGET UPDATE 4. WHEELS SKATEPARK EXPANSION UPDATE 5. GGCC APRIL PROGRAMS & EVENTS 6. GGCC SUMMER CAMP UPDATE 7. EXTREME AUTO SALE & AUCTION REQUEST 8. MONTHLY REPORT 9. MEMBERS ADDITIONS 16 , 1 . Golden Gate Community Center Advisory Board Meeting Monday, April 4, 2005 Present - Bill Arthur, Vicki Clavelo, Kaydee Tuff, Keith Larson, Steve Whittier and Ellen Barkin Absent: Ernie Bretzmann, Cheryle Newman Approval of March minutes was unanimous, DEPARTMENT RE-ORGANlZATION UPDATE No new information was available as of April 4tb GGCC FY 06 BUDGET UPDATE No new information was available as of April4tb WHEELS SKATEPARK EXPANSION UPDATE Diagrams were included in the packet that was given to each member. Ben Johnson of Park South is the designer and had the lowest bid at $28,498,00, We are waiting to receive warranty information from Mr, Johnson to compare with the other bids, Marla is concerned that the bid is based on wood rather than metal, although the surface material would be the same as other bids as well as the equipment currently on site, The City of Naples is pleased with the components Ben has designed and created for their skate park, and Keith is certain that Ben not only offers the lowest bid but since he is also the only local bidder, there are many other benefits as well, Kaydee made a motion that the board vote to approve Ben Johnson's design provided treated wood is utilized in the construction. The motion passed unanimously. APRIL EVENTS 5th Grade Dance BMX Races Apri 18th April 8, 15 & 22 350 participants 25-35 participants 16 Golden Gate Community Center Advisory Board (conL) April 4, 2005 Page 2 Keith informed the board that our programs are going strong (karate, dance, etc.) and that we are looking to add new programming in the fall. Commissioner Henning happened to be on site during one of our skate clinics and told the instructor, C.J, McCaskill, that he was impressed with how he taught and interacted with the children. GGCC SUMMER CAMP INFO At the date of this meeting, our numbers were as follows: GGCC: Poinciana: Oak Ridge Middle: Golden Gate Middle: 63 (out of 165) 19 (out of 60) 34 (out of60) 12 (out of 30) The counselor hiring process is in full swing, with several returning from last year, EXTREME AUTO SALE & AUCTION REQUEST Keith shared a flyer and request from Ron Gill of Big Shotz Limousines. After some discussion, Vickie made a motion to deny the request. The motion passed unanimously, Keith will contact Mr, Gill to inform him of the board's decision. MONTHLY REPORT March's revenue totaled $63,516,74, a 38% increase over last March, The Y-T-D total is $164,181.61, a 43% over this time last year. MEMBERS' ADDmONS Kaydee announced that there are still property ownership issues with the proposed 46th Street neighborhood park, which went before the BCC on March 16th The Real Properties Department will investigate further. Approval was given for a neighborhood park on 5 acres on Oakes Blvd. Skip Rime from Family Bike Center joined the meeting at 6:35pm to discuss our BMX races and had suggestions regarding our need to increase interest in the track (such as holding races every Friday regardless of other programming or lower numbers of participants), Meeting was adjourned at 7:05pm. 1611 . Memorandum To: Golden Gate Community Center Advisory Board From: Keith Larson, Supervisor Golden Gate Community Center Re: Monthly Meeting: Monday, June 6, 2005 AGENDA 1. APPROVAL OF APRIL MINUTES (no May Meeting) 2. GGCC FYOS-06 BUDGET UPDATE 3. WHEELS SKATE PARK PROGRAM & EVENTS 4. WHEELS SKATE PARK EXPANSION UPDATE 5. SUMMER CAMP UPDATE 6. MONTHLY REPORT 7. MEMBERS ADDmONS 16 'J . Golden Gate Community Center Advisory Board Meeting Monday, June 6, 2005 Present - Bill Arthur, Ernie Bretzmann, Vicki Clavelo, Cheryle Newman, Kaydee Tuff, Keith Larson, and Ellen Barkin Approval of April minutes was unanimous (there was no meeting in May) GGCC FY 06 BUDGET UPDATE Due to the reorganization of the Parks and Recreation Department, some changes have been made to the budget, One outdoor maintenance person has been added to our personal services budget. Millage is up slightly. Approval of the budget does not take place until September. Cheryle pointed out that some of the numbers on the sheet handed out do not add up, Keith will call Gary Vincent to ask about discrepancies, Ernie asked for a clarification of the budget process, which Keith explained. For the most part, the GGCC budget is not touched as much as other parks, due to the existence of this Advisory Board. There was some discussion about ad valorem taxes and other specific budget items. WHEELS SKATEPARK EXPANSION UPDATE Keith distributed copies of the Collier Citizen, which contained an article about our Skate Park. EXPANSION UPDATE Keith emailed Steve Whittier to inquire about the current situation, but has not heard back. Steve W, and Murdo Smith met with Ben Johnson on May 23'd Ben told them he will match any warranty offered by any other bidder. Cheryle suggested the board needed to ask Steve, in writing, for an answer by the next board meeting. Kaydee made a motion that Cheryle write the letter, and the motion passed unanimously. 1611 . Golden Gate Community Center Advisory Board (conL) June 6, 2005 Page 2 SUMMER CAMP All of our sites are full and running smoothly. Our numbers are as follows: GGCC Poinciana G.G. Middle Oak Ridge Middle Grades K-5 Grades K-5 Grades 6-8 Grades 6-8 165 campers 45 campers 30 campers 60 campers MONTHLY REPORT For May, GGCC did $45,031.54, The Y - T -D amount is $259,034.73 MEMBERS' ADDmONS Ernie asked if anyone was familiar with the Grace Place project. Ellen handed out a flyer that had been brought in, requesting volunteers, Kaydee and Cheryle confirmed that it is a legitimate project. Keith informed the board that the new Parks and Recreation director has been hired, Wayne Boyer was scheduled to start work on June 20th Keith will invite him to an upcoming board meeting, Meeting was adjourned at 6:50pm. 1611 . Memorandum To: Golden Gate Community Center Advisory Board Members From: Keith Larson, Community Center Supervisor Golden Gate Community Center Re: Monthly Meeting: Monday, August 1,2005, 6pm AGENDA 1. APPROVAL OF JUNE MINUTES (No meeting in July) 2. GGCC FY05-06 BUDGET UPDATE 3. SUMMER CAMP UPDATE 4. WHEELS SKATE PARK EXPANSION UPDATE 5. WHEELS BMX TRACK UPDATE 6. MONTHLY REPORT 7. MEMBERS ADDmONS au or2 u/lAv . ,\J 0 t1l:S (U T?rJ, yo{2----r Memorandum To: Golden Gate Community Center Advisory Board Members From: Keith Larson, Community Center Supervisor Golden Gate Community Center Re: Monthly Meeting; Monday, October 3, 2005 AGENDA 1. AUGUST MINUTES UPDATE (No meeting in September) 2. GERMAN AMERICAN CLUB REQUEST 3. WOMEN'S CLUB 4. SUMMER CAMP REVIEW 5. BUDGET UPDATE 6. WHEELS EXPANSION 7. OCTOBER PROGRAMS 8. MONTHLY REPORT 9. STAFF CHANGES 1611 . 16f' u Golden Gate Community Center Advisory Board Meeting Monday, October 3, 2005 Present - Bill Arthur, Ernie Bretzmann, Vicki Clavelo, Kaydee Tuff, Keith Larson, and Ellen Barkin. Absent: Cheryle Newman Approval of August minutes was unanimous (there was no meeting in September) GERMAN AMERICAN CLUB REQUEST Victor Kaltenstein and another member of the German American Club presented a request to allow the German American Club to continue to end their dances at 10:OOpm, to be cleaned up and out of the building by II :OOpm. This arrangement is contrary to GGCC policy, The fee policy was also discussed, since the club has been paying the $20/hour rate which is meant for residents of the Golden Gate City taxing district, The group is not comprised ofa majority of Golden Gate residents. There is also an admission fee charged to those who attend the dances ($17 for members, $20 for guests) , The board voted to allow for the time exception, but to charge the appropriate amount of $80 per hour in accordance with the GGCC fee policy, WOMEN'S CLUB There will be a dedication on Tuesday, November 8th at 1 :30pm for the GGCC Pre-School Room in honor of Eleanor Williams. A plaque has been purchased by GGCC and should be placed before the dedication, SUMMER CAMP REVIEW All of the sites which were managed by GGCC were filled to capacity. There are plans to add Pine Ridge Middle School as a middle school site for the 2006 Summer Camp Program. The site would likely replace the Golden Gate Middle School site, which had only 30 participants this past summer. 161 J . Golden Gate Community Center Advisory Board (cont.) October 3, 2005 Page 2 BUDGET UPDATE Detailed budget numbers were included in members' packets, The millage for the MSTU decreased from 0.2357 in FY 05 to 0,2337 for FY 06. WHEELS EXPANSION The new ramp has been completed and is in place. Plans for additional ramps were distributed, and Keith will start the bidding process as soon as possible. We have $25,000 budgeted for ramps in FY 06. OCTOBER PROGRAMS Monthly calendars were included in members' packets, October 14 October 22 5th Grade Dance Halloween Howl Approx. 300 participants [Postponed / Ultimately cancelled] MONTHLY REPORT GGCC earned $15,838.50 for the month of September. This is an increase of$2,000.39 or 14,5% over last September. STAFF CHANGES Desiree Sawyer's last day is October 14th, She is moving to Vancouver, Canada, Ariane Willis will not return from maternity leave, She has moved to South Carolina. Khara Tardio will be joining the staff full time as a Community Center Assistant. Keith Larson announced that he will be leaving the county and moving to Louisiana, The board unanimously voted to recommend that Ellen Barkin serve as interim Center Supervisor until a replacement is found. 1611 . Memorandum To: Golden Gate Community Center Advisory Board Members From: Keith Larson, Community Center Supervisor Golden Gate Community Center Re: Monthly Meeting; Monday, November 7,2005 AGENDA 1. HURRICANE WILMA DAMAGE UPDATE 2. GGCC HURRICANE SHELTER UPDATE 3. WHEELS SKATE PARK & BMX TRACK UPDATE 4. GGCC NOVEMBER PROGRAMS & ACTIVITIES UPDATE 5. GGCC POSmONS UPDATE 6. COMMUNITY CENTER SUPERVISOR POSITION UPDATE 7. MONTHLYREPORT 8. MEMBERS ADDITIONS 9. THANK YOU & GOODBYE 1611 . Golden Gate Community Center Advisory Board Meeting Monday, November 7, 2005 Present - Bill Arthur, Ernie Bretzmann, Vicki Clavelo, Kaydee Tuff, Cheryle Newman, Keith Larson, and Ellen Barkin. Approval of October minutes was unanimous HURRICANE WILMA DAMAGE UPDATE I WHEELS SKATE PARK & BMX UPDATE Many of our trees are down and debris is still being collected. We had some water damage in the main lobby which destroyed several tiles and much of the carpet. It may be some time before it is back to normal due to more pressing needs at other parks, One of the skate ramps was flipped over, and another was pushed approximately 15 feet into another, causing minor damage to the transition plates, The BMX track, which was already in need ofattention, was further stripped of clay, We will be ordering approximately four truckloads of clay along with a chemical called Soiltac which will cut down on erosion and keep the track in much better condition. We hope to open the track in early December for practice sessions before the NBL season starts in January, We will also be continuing the bidding process for additional ramps at the skate park. We have received lots of positive feedback about the new ramps we have added, GGCC HURRICANE SHELTER UPDATE The American Red Cross used the center as a shelter following the hurricane, but only two people used the facility for one of the four nights they were here (in addition to the five workers). The building was not used for pre-staging or for the EOC as it has been in the past. The building was staffed 24 hours a day while the shelter was open. The parking lot was used as a command post for the Sheriff's department for two days, The Army Corps of Engineers started Operation Blue Roof and is on site at the center seven days a week from 8am - 5pm until November 23'd We are required to staff the center on Sundays while they are here, 1611 . Golden Gate Community Center Advisory Board (cont.) November 7, 2005 Page 2 GGCC NOVEMBER PROGRAMS & ACTIVITIES UPDATE The Bridge Tournament which was scheduled on November 10th has been postponed due to Hunicane Wilma, The new date is December 8th. October was very different this year compared to last year, We had to cancel our Halloween Howl event, and of course the county decided not to try the Octoberfest event again since it was unsuccessful last year. GGCC POSmONS UPDATE Desiree Sawyer has moved to Canada and Khara Tardio has replaced her as Community Center Assistant, Khara is a bright young woman with lots of potential and we are proud to have her on our staff Christine Cardenas was selected for the Wheels Program Leader position. We are waiting to hear if she plans to accept the position, COMMUNITY CENTER SUPERVISOR POSITION UPDATE Keith let the board know that interviews were scheduled for Wednesday, November 9tb A panel of three will make up the interview committee - Keith, Dennis Gulley and Bill Arthur. There are three internal applicants for the position (Ellen Barkin, Lynn Clarke and Shannon Peters) and three outside applicants. Only two of the three outside applicants were chosen for the interview process, A selection should be made by the end of the week and announced the following week. MONTHLY REPORT October's revenue totaled $14,431,55, a decrease of 42% under last year (due to Octoberfest and Halloween Howl cancellations as well as changes in how the After School program payments are scheduled), Expenses were far below revenue. MEMBERS ADDmONS Keith extended his appreciation for the board and said his goodbyes. He will be greatly missed, and can never be replaced. 1611 . Memorandum To: Golden Gate Community Center Advisory Board From: Ellen Barkin, Center Supervisor Golden Gate Community Center Re: Monthly Meeting; Monday, December 5, 2005 AGENDA 1. APPROVAL OF NOVEMBER MINUTES 2. ADVISORY BOARD VACANCIES 3. HURmCANE DAMAGE UPDATE 4. GGCC STAFF UPDATE 5. DECEMBER EVENTS 6. FEMA UPDATE 7. MONmLY REPORT 8. MEMBERS ADDITIONS 16 ~ 1 Golden Gate Community Center Advisory Board Meeting Monday, December 6, 2005 Present - Bill Arthur, Ernie Bretzmann, Vicki Clavelo, Kaydee Tuff, Cheryle Newman, Jim Klug, Mary Ellen Donner, and Ellen Barkin. Approval of November minutes was unanimous. ADVISORY BOARD VACANCIES Three applications (Jim Klug, Vicki Clavelo, and Kaydee Tuft) were received for the two vacancies which were open for the board. Jim let the board know that he did not wish to bump a long standing member from the board, Cheryle let the board know that she would be resigning shortly since she is moving out of the area, and Vicki let the board know that she withdrew her application (but would resubmit upon Cheryle's departure). Cheryle made a motion and the board voted unanimously in favor of accepting Kaydee Tuff as a returning member, Cheryle then made a motion and the board voted unanimously in favor of accepting Jim Klug as a new member. Ellen will forward the selections to Sue Filson in the BOCC office. The item will go before the BOCC on January 10th HURRICANE WILMA DAMAGE UPDATE Facilities management arranged to have the windows in the lobby resealed to prevent future water damage, The damaged floor tiles and carpet will be replaced before the end of the week. Ellen will contact facilities to find out if there are plans in place to fix the pavers so that there is less chance of a problem in the future, One side of the gym roof is loose. Ellen emailed facilities to let them know about this, since it was not on the original list of damages. Several trees are still leaning and should be fixed or removed within the week. GGCC STAFF UPDATE I BMX TRACK UPDATE Ryan Bennett and Chris Lukasz, both part time staff at Wheels, are moving on as of January 6, 2006, Ryan is moving out of the area and Chris is pursuing full time employment with the Sheriff's Department. Golden Gate Community Center Advisory Board (cont.) December 6, 2005 Page 2 ~6l Mike DuBrueler was also a part timer (on job bank) who is not working regular shifts for the time being, He will be applying for one of the regular part time positions opening up, Rick DuBrueler, Mike's father, will also be volunteering to once again work on the BMX track. As of the date of this meeting, Christine Cardenas had accepted one of the Program Leader positions (she eventually changed her mind due to the starting salary), Current available positions include two Program Leaders, two counselor positions, and two part-time attendants at Wheels, One of the counselor positions would be for pre-school and mornings at the front desk. GGCC DECEMBER PROGRAMS & ACTIVITIES UPDATE Thursday, December 8 Mon-Sat, December 12-17 Saturday, December 17 9am-2pm 6pm-9pm 6pm-9pm Bridge Tournament Walk of Trees Trolley Rides Kaydee let the board know that volunteers are needed for the Trolley Rides, including a Santa and various others for crowd control, taking donations, etc, FEMA UPDATE FEMA is using one of the rooms in the Wheels building and have been given a key to use for the duration of their stay, They will be here at least until January 10th The Army Corps of Engineers Roof Blue Program ended and departed the day before Thanksgiving. MONTHLY REPORT October's revenue totaled $16,237.51, an increase of 10,43% over last year, MEMBERS ADDmONS Cheryle requested that the ovens in the kitchen need to be cleaned, This will be done as soon as possible, 1611 . Memorandum To: Sue Filson, Executive Manager Board of County Commissioners / Fiala ,/ ? ./ Halas' =: Henning-\.7 - r: \ L__ JOY e= / Coletta ,...... Date: January 3, 2006 From: Ellen Barkin, Center Supervisor Golden Gate Community Center Re: GGCCAB Minutes and Agendas Per your request, I have enclosed hard copies of the minutes and agendas for the Golden Gate Community Center Advisory Board for the 2005 calendar year. There were no meetings on the following months: January (cancelled due to New Year's Day) May (cancelled due to Memorial Day July (cancelled due to Independence Day) August (no quorum) September (cancelled due to Labor Day) Please let me know if anything is amiss. Thank you, Ellen Mise, Corres: Date: Item': Copies to: tD Co '. i." "~" JL ... ~. AGENDA Golden Gate Community Center Advisory Board January 11, 2006 6:00 pm Golden Gate Community Center I. Call to Order Fiala j Halas / Henning \/ Coyle ..,/' / ColettaL._, II. Approval of Meetina Minutes III. New Business A. Advisory Board Vacancy B. GGCC Staff Update C. January Events and Activities IV. Old Business Wheels BMX Track Update V. Informational Items Monthly Report VI. Members Additions and Comments Misc. Corres: Dale: Ilem #: C:'pr 'S to: 16 '1 . GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD MEETING Golden Gate Community Center - 6:00 pm January 11, 2005 Board Members Present: Bill Arthur, Chairman Jim Klug Ernie Bretzmann Staff: Mary Ellen Donner, Assistant Director Ellen Barkin, Community Center Supervisor Tona Nelson. Sr. Administrative Assistant ,:" Call to Order at 6:00 pm II. Minutes of December 6, 2005 meeting approved. Motion made and passed unanimously. (3-0) III. Advisory Board Vacancy The vacancy on the Board occurred as a result of Cheryle Newman resigning, Vicki Clavelo applied for this vacancy and the application was provided to the Board members for review. Motion made and passed unanimously to accept and approve the application of Viki Clavelo to fill this vacancy. (3-0) IV. Golden Gate Community Center Staff Update Ellen Barkin advised the Board members that Khara Tardio was selected as the Program Leader for Golden Gate Community Center. Following the completion of the interview process the Program Leader for Wheels BMX Track will be announced at the next meeting. Ellen explained that she plans to have all vacant positions filled within the month. V. January Events Ellen Barkin verbally reviewed the list of events and activities that will take place during the month of January. Bike Fest 2006 will start on January 21, 2006. This same event last year was very successful and Ellen is planning on making the event as successful this year. I ~ 6.", ~. ~ 'I ~. ~ 1 o VI. Wheels BMX Track Update Repair to the track is underway, Approximately 100 yards of clay has been delivered and Mike DuBrueler is working to have the clay put down on the tracks. The projected opening date is January 27,2006. Training on the software used at the BMX Track will take place in the month of January. VII. Monthlv Report The monthly report was provided for review and comment. Ellen answered questions from the Board members about revenue figures in January 2005. VIII. Members Additions Mary Ellen Donner explained that she will attend the next meeting and then new Regional Manager will be attending. Mary Ellen also suggested to the Board member that we email a copy of the minutes to the member in advance of the next meeting and mail a copy of the meeting packet to all Board members a week in advance. ***Meeting adjourned at 6:25 p.m, The next meeting is at Golden Gate Community Center on February 6, 2006. *** 2 1611 . t~ ~ 2885 Horseshoe Drive Naples, FL 34104 O\!ISOIU' ) Fiala ~ Halas ~_. Hennmg !L.. Coyle \/'":- - Coletta ..,~~~:= (iOt nf Summary of Minutes & Motions December 13, 2005 m. & IV. Agenda and Minutes were approved as amended unanimously. V. Landscape Maintenance Report: B. Update on Golden Gate Parkway Bridge - Patffrinity Reps from Contec were in attendance and gave a short presentation while taking questions from the Committee. Several items were discussed and decided upon. Rick Sims moved to recommend the Medium Green color on the Keystone Bridge, with vertical picket rails, toe plate and a concrete deck. Second by Pat Spencer. Carried unanimously 3-0. V. Landscape Architects Report: C. Update on Sunshine Project -several items discussed, Diane Flagg reminded the Committee of the standard County lighting. Transportation Ops will take on the whole project in paying for the maintenance of the lights if the Standard lighting is chosen, The Committee had not been aware of this and did not think they could stop the order with Lumec. They chose lights in conjunction with the Master Plan and to match Tropicana's. The Committee will hold a Workshop in January after their regular meeting to discuss the Master Plan and possible updates. Misc, Corres: Date: Ilem#: Copies 10: 16 , 1 . '\,I)\IISORlf 2885 Horseshoe Drive Naples, FL 34104 January 10, 2006 AGENDA I. Call Meeting to Order II. Attendance: m. Approval of Agenda: IV. Approval of Minutes: December 13, 2005 V. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano A Maintenance Report VL Landscape Architects Report - Mike McGee A Landscape Update B, Master Plan C. Update on Sunshine Project vn. Transportation Operations Report: Tessie Sillery A Current Budget VIII. Old Business A Update on Golden Gate Parkway Bridge - Pat B. Update on Hunter & Coronado Curbing Letter - Pat C. Phoenix Pavers - Darryl D. Update on Benches E. Report on Santa Barbara Widening - DarryllPam IX. New Business X. Committee Member Reports XL Public Comments XII. Adjournment with Workshop to Follow The next meeting Is sdJeduled for February 14, 4:00 PM At Golden Gate Community Center Naples, FL 1611 . (lOIOf.N "I)' 11llS"'('liiR' ~. 'ie'. J~, I,"~, ,,:I \." " , i . IIlJijilhi!t! p,~ ~~, ~: 2885 Horseshoe Drive Naples, FL 34104 December 13, 2005 MINUTES L The meeting was called to order by Chairman Richard Sims at 4:00 PM. n. Attendance: Members: Richard Sims, Patricia Spencer, Ginger Martin, Barbara Segura (Absent), Cheryle Newman (Excused) County: Darryl Richard-Project Manager, Christina Apkarian-substituting for Tessie Sillery, Eric Michiels & Bill Gonzalez -Contech CPIfSteadfast, Alison Huber & Chris Hagan-Johnson Engineering, Trinity Scott-Transportation, Diane Flagg-ATM Others: Mike McGee-McGee & Assoc., Steve Fabiano & Gilbert Villagomer-Advanced Lawn & Landscape, Sue Chapin-Manpower Services m. Approval of Agenda: . "A " under Old Business: Update on Golden Gate Parkway Bridge will be taken when Trinity Scott arrives, . Several items will be addressed under Landscape Maintenance Report that was added per Cheryle Newman, . Sunshine Project will be addressed under Mike McGee's Report as "D" under Old Business will be moved to "e" under Landscape Architects Report. Pat Spencer moved to approve the Agenda as amended. Second by Ginger Martin. Carried unanimously 3-0. IV. Approval of Minutes: November 8, 2005 Ginger moved to approve the minutes of November 8, 2005. Second by Rick Sims. Carried unanimously 3-0. V. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano A. Maintenance Report . Introduced the field Supervisor, Gilbert Villagomer . Stump and Tree Removal Plan was reviewed with no dates for removal at this time - need cost approvals before proceeding with further review . Plants on Tropicana recovered after treatments (replaced approx. IS plants) . Trees by Bus Stop were staked . Irrigation break on Tropicana was repaired (this was a minor break) I 1611 . . Sidewalk issue - will review with Transportation Operations concerning the sub-contractor . Bougainvilleas are being trimmed in a rounding process to accumulate more blooms . Trash and weeds are being addressed and need to be a priority . Stumps will be removed rather than ground as you cannot plant in the same identical location wilh stump grinding - best to remove and put turf on top - this is an MSTD expense, A. Update on Golden Gate Parkway Bridge - Patffrinity Trinity introduced the representatives from Contech CPI/Steadfast and Johnson Engineering, Have the Right-of-Way Permit with final plans at FDOT for review, Funding will be authorized when they sign off on the plans and then Trinity can go forward with the bids. A presentation was given concerning the Bridge plans and features: . A brochure was handed out showing different bridges and colors. . Committee had decided on the Keystone style . Discussion followed on colors, safety features, details such as logos, toe plate etc. They need details for bidding process, . County will be responsible for maintenance ifMSTU does not get into a lot of personalized cost features, . Galvanized versus painling was compared - painting was chosen with graffiti being an issue, Household cleaner and/or repainting after sanding was recommended for removal of graffiti. . The color chosen was Medium Green with a vertical rail and toe plate, There will be no fencing, Rick Sims moved to recommend the Medium Green color on the Keystoue Bridge, with vertical picket rails, toe plate and a concrete deck. Second by Pat Spencer. Carried unanimously 3-0. VI. Landscape Architects Report - Mike McGee A. Landscape Update . Still a weed problem - mulch will help make the area look better . Turflooks good . Pavers are being taken care of now B. Master Plan . Darryl will make copies and make sure each Committee Member has a copy to pick up before the January Workshop - each copy will then be C. Update on Sunshine Project - Darryl . Align Curb . Providing lighting . Repaint lines . County standard decorative lighting - pedestrian lighting to light up intersection 2 16'1 . . Diane Flagg informed the Committee if they put in the standard County lights, the County will pay for the maintenance of them. (Not the pole or arm-just standardized lights) . The poles in discussion are owned by FP&L and they need to be contacted for responsibility of removing or adjusting, . Traffic Operations rejected the lighting plan at this time for the Sunshine Project - they need a Professional Engineer seal on the plans. _ Since Ihe Committee ordered decorative lighting instead of standard County lights, the MSTU is responsible for the maintenance of them, The order has already been placed, and not sure they can stop the order from Lumec, Darryl will check on its status, Darryl stated the fixture is in the Master Plan to match Tropicana's lighting, _ Diane also mentioned Transportation Ops will maintain them if they take on the project as a whole. The Committee was not aware oflhis, _ Discussion followed on the lights, FPL poles and standardized County lighting. _ IfFP&L cannot remove Ihe lights at no cost, they will have to go out for quotes, _ Mike mentioned he received an email today stating the Right-of-Way permit was being pulled, _ The permit apparently was issued in error - Mike will provide information that is needed. vn. Transportation Operations Report: Tessie Sillery (Christina Apkarian for Tessie) A. Current Budget - Attached . The Budget was distributed and covered various expenses along with the Revenues. . A copy ofthe General Liability Insurance information protecting the Committee members will be emailed to the Chairman and available for future reference, . January 6, 2006 at 9:00 AM a meeting with all Chairmen will be held with the Budget Office and Finance Department to explain some glitches in the SAP system software. . Pat asked about the cost of maintenance for Sunshine being $2,250, Darryl explained it could be for the internal roadways as the MSTU is not responsible for Sunshine at this point. (This can be changed to state Internal Roadways instead of Sunshine) VIll. Old Business B. Update on Hunter & Coronado Curbing Letter - Pat No further information, C. Phoenix Pavers - Darryl Waiting for additional pavers. E. Update on Benches Need revised quote and will then order as it has been approved. F. Report on Santa Barbara Widening - DarryIlPam Information can be gotten off the website. 3 1611 . The Committee would like to know a timeline, information on the entrance of Coronado and Hunter and the type oflandscaping so the Committee can plan their part for the future. IX. New Business - None X. Committee Member Reports - None XL Public Comments - None Being no further business to come before the Committee, it was moved and seconded to adjourn. The meeting adjourned at 6:06 PM. 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CO"d""d""d" OI,()IJ")Lt') C'>NNN OOCOIDCO 0>.................. 00 ~ ~ 00 0>0> ~ ~ 0>0> 16\1 · OFFICE OF TIlE collNn' ItTfORNEl' MEMORANDUM DATE: ::,::: ::::~::'":";'ta"t Co""~ Allomey G~ ~ Fiala ' j / , ~:~~ng~_~/ ~ C I ..0::: i'-~~~~~ --'-7 -~,-_.~.- January 6, 2006 TO: FROM: RE: HAAB Minutes and Agenda I am in receipt of your email dated December 19, 2005 which requests HAAB minutes for the dates listed below. February 24, 2005 Minutes attached July, 2005 Meeting cancelled September 22, 2005 Minutes attached October 13, 2005 Minutes attached November 7, 2005 HAAB Workshop, Minutes attached November 10, 2005 No quorum, Minutes attached December 15, 2005 Minutes attached but not signed until our January 26, 2006 meeting. Should you have any additional questions, please do not hesitate to contact me. Thank you. cc: Lillian Amador, Staff Liasion 04-CQA-Ql )36127 Mise, Corres: Date d/ 14 / 06 . Item# /(,Id.C (IJ) Copies to: AMENDED . 1611 . NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, FEBRUARY 24, 2005, 6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 ******************************************************* NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774-8400. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ** ***** **** * *********** * *** *** ***** *** ******* * ******** * AGENDA I. 6:00 P.M. Meeting Called to Order II. Approval of Agenda III. Adoption of Minutes from January 27, 2005 Meeting IV. Chairperson's Message V. New Business A. Guest Speaker - Sil via Casabianca - Tiempos Del Sol B. Presentation on Hiring by Collier County Human Resources Director (tentative) C. Discussion Relating to Assignment of Liaisons to Agencies to Follow-up Hiring Practices Letter D. Discussion of Workshops Schedule E. Discussion of Report to the Board of County Commissioners F. Discussion of Spanish Translator for HAAB VI. Old Business A. Liaison Opinion Regarding Letter Concerning Mr. Valdes as well as General Authority ofHAAB B. Revisions to 10 Point Program/Letter to Sheriff's Office VII. Public Comments VIII. Board Member Comments IX. Meeting Adjourns 1611 '~"'" i '. . . COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF FEBRUARY 24, 2005 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRA nON BillLDlNG F, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA Present: Absent: Susan Calkins David Correa Manuel Gonzalez Ernesto Labrador Sofia Pagan Cosme Perez James VanFleet Raymond Cabral (excused) Teresa Nelson (resigned - Feb. 24, 2005) Also Present: Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison for HAAB Jean Menitt, Collier County Human Resources Director Mr. & Mrs. Victor Valdes Ms. Silvia Casabianco - Naples Sun Times Reporter The February 24, 2005 HAAB Meeting was called to order at 6:01 p.m. A motion to approve the agenda was made by Mr. Vanfleet and seconded by Ms. Pagan. The motion passed 6-0. Mr. Labrador then moved to move certain speakers up on the agenda. Mr. VanFleet seconded and the motion passed 6-0. (Ms. Calkins joined the meeting after these votes were taken (Agenda attached). Ms. Jean Menitt, the Collier County Human Resources Director presented an overview of the hiring process at Collier County. She stated that there were 48 jobs open as of the time of the time of the presentation. She described the process typically followed from the tentative offer pending motor vehicle record research, criminal record research and drug testing through orientation for new employees. She advised the HAAB that materials for the Collier County Career Center are provided in Spanish. She reported that there were approximately 1652 full time employees with the County and 112 full-time part-time employees. In addition, there are 192 Job Bank employees. Ms. Menitt stated that the County is encouraging the hiring of bilingual persons and that there is a need for bilingual persons. She reported that 14.8% of County employees are Hispanic in background. Approximately 176 of these are male and 104 are female. She described the County's three separate groups of employees - "red" or director level and above; "white" professional and uniform service; "blue" maintenance workers, road and bridge workers, etc. She stated that approximately 30 persons of Hispanic background were in supervisory or 1 1611 . management positions and 5 of these were female. Five persons were identified in the red group while 49 persons were in the white group and 226 Hispanic persons were noted in the blue group. Ms. Merritt noted that there were a number of Hispanic employees in the Human Resources Department itself. Two of these employees were fluent in both English and Spanish. One of these employees was a training and new hiring coordinator in for Human Resources. Ms. Merritt talked to HAAB about the Wellness Program designed to promote healthy lifestyles for Collier County employees and stated the Wellness website was also available in Spanish. She also stated that for the first time the County's Annual Health Fair will have an Hispanic booth to provide information to Spanish speaking employees. She stated that 21 current County employees have very limited English ability. All of these employees work under bilingual supervisors. She advised that there are free programs for English proficiencies and vocational English. Mr. Gonzalez inquired about guidance to job seekers and Ms. Merritt responded that all jobs are posted in the front office. She stated that an applicant must keep coming back to check on his or her application if they do not get the first job they seek, that is, they must reapply for additional jobs. Mr. Perez inquired whether job postings on the website were in Spanish and Ms. Merritt stated they were not. Mr. Vanfleet inquired whether the numbers of Hispanics were increasing in the white and red categories of employees and Ms. Merritt stated yes but not as fast as the County would like. She described some of the difficulties. For example, there had been a posted bilingual position for nine months that had been advertised throughout the state and was not possible to find a qualified candidate, at least to date. She also reported in response to Mr. Labrador that this position was advertised on Hispanic radio and a Hispanic newspaper. At this point, Mr. VanFleet had to leave the meeting (6:20 p.m.). Ms. Calkins asked about the Collier County Library and whether it was part of the County's workforce and Ms. Merritt stated that it was. Mr. Gonzalez asked about reaching Ms. Merritt direct! y. The next speaker on the agenda was Ms. Silvia Casabianco of the Naples Sun Times. Specifically, she is an editor of Tiempos Del Sol. She has lived in Naples 1 V2 years and comes from Colombia, where she was a doctor. She discussed the rapid growth in the Hispanic population and the difficulties facing that population. She reported that access to healthcare was a big issue facing the Hispanic population, She reported her efforts in addressing this situation and the problems posed by language barriers. Mr. Perez and Ms. Pagan affirmed that there was a need for more organizations within the community willing to integrate Hispanics into the daily life of the community. Ms. Pagan congratulated Ms. Casabianco about her efforts but stated that the Red Cross was looking for Hispanic volunteers and after three months had only seven names to assist with the shelter at Gulf Coast High School. Ms. Pagan said she would send Ms. Casabianco an application. There was discussion from Ms. Calkins regarding materials in Spanish at the Collier County Health Department. Ms. Casabianco gave examples of several large health organizations where more needed to be done to assist Hispanics including the American Heart Association and the American Cancer Society. 2 1611 . Mr. Labrador initiated a discussion about how HAAB could assist the BCC in furthering efforts to assist Hispanics in preventive healthcare. Mr. Correa discussed the Colombian run tobacco prevention program. Mr. Gonzalez also mentioned a federal publication in Spanish that was anti-smoking. Ms. Casabianco, in response to Mr. Labarador, said she would be open to further discussion with HAAB members and gave her phone number as 348-0808. The next item of business was the Chairman's Message and discussion about the goals from the 2003 HAAB Report to the BCe. Mr. Labrador stated that he felt there should not be too many goals for HAAB. He suggested that hiring be a focus and raising awareness about HAAB in neighborhoods. There was discussion about providing this information to Sheriff Hunter and to assist him in reaching the proposed 25% goal for hiring. Mr. Perez talked about visiting a commission in Miami and finding that the County body similar to HAAB was not accomplishing things. There was discussion about areas of focus for each member. Ms. Calkins and Mr. VanFleet were to be assigned to the School Board and Education field. Ms. Pagan volunteered to help improve communication through the Hispanic media. There was also discussion about County hiring and health issues confronting the Hispanic population. Mr. Labrador volunteered to continue his work with the Sheriff's Office. Mr. Perez agreed that he would attempt to work with Human Resources for the County. Mr. Correa agreed to work within the court system while Mr. Gonzalez agreed to work with the Sheriff and Mr. Cabral was noted as someone who was very familiar with the Child Protection area and possibly with health issues. Mr. Labrador hoped to use a meeting in April for fact-finding. He also suggested that HAAB reach out to faith-based organizations. There was also discussion about working with the Guadalupe Center. A motion was made by Mr. Labrador to continue fact finding on hiring issues for presentation to the BCe. This motion was seconded by Mr. Gonzalez and passed 6-0. Next, the members discussed a HAAB workshop to be conducted in the Sunshine. There was discussion about holding a meeting in Immokalee or Golden Gate. There was discussion about time for members to attend such a workshop. Mr. Labrador suggested that there be two such sessions before summer break. Mr. Correa moved and Mr. Gonzalez seconded holding a workshop on or around April 21, 2005 in addition to the regular HAAB meeting. The next item discussed was the opinion of the Office of the County Attorney concerning the scope of HAAB authority. Generally, the opinion was that HAAB was limited to making recommendations to the BCC and also performing fact-finding and focus group functions to identify problems unique to the Hispanic community for the Board. There next was discussion about the selective enforcement issue involving Mr. Valdes and the preparation of a letter from HAAB on behalf of Mr. Valdes. Mr. Perez stated he did not believe such a letter was within the mission of the HAAB, There was discussion about drafting the letter among Ms. Calkins and Mr. Gonzalez and Mr. Labrador and about the appropriate agency. Mr. Gonzalez indicated that he would draft the letter and there was discussion about sending it to the Sheriff's Office and the Civil Rights Division of the Justice Department. Mr. Labrador stated that the HAAB would compose a letter to the Civil Rights Division and the Sheriff's Office raising the question of selective enforcement in connection with Mr. Valdes. 3 1611 . Mr. Perez opposed the letter and moved not to proceed. This motion died for lack of a second and the original motion by Mr. Labrador and seconded by Mr. Gonzalez to proceed with the letter passed 5-1. There was a decision to table discussion of Mr. Vanfleet's revisions of the 10 Point Plan for the CCSO until the next meeting. Mr. Valdes spoke at Public Comment and offered the use of his newspaper to advertise HAAB functions. Mr. Perez voiced his opposition to such a procedure. Mr. Labrador moved to adjourn and Mr. Gonzalez seconded. The motion passed 6-0 and the meeting was adjourned at 7:55 p.m. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison. APPN~~ the ~;J';~.iC Affairs Ad~'~):" HAAB Chairman vJ day of 4 16 \ 1 Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Sept. 14,2005 FOR IMMEDIATE RELEASE NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, SEPTEMBER 22, 2005, 6 P.M. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL 34116 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE .. All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. .. For more information, please contact Colleen Greene at (239) 774-8400 or Lillian Amador at (239) 774-8924. .. 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 330 I E. Tamiami Trail, Naples, FL 34112, (239) 774-8380. .. Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. .. Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AGENDA I. 6 P.M. Meeting Called to Order II. Introduction of New HAAB Members III. Approval of Agenda IV. Adoption of Minutes from August 25,2005 Meeting (with discussion of any amendments) V. New Business A. Introduction to Sunshine Law, Public Records Act, and Ethics for New Members B. Discuss HAAB/BCC Workshop and prepare guidelines with specific issues to be addressed at the workshop. C. Dates for November and December HAAB Meetings VI. Public Comments VII. Board Member Comments VIII. Meeting Adjourns -End- 1611 . COLLIER COUNTY msp ANIC AFFAIRS ADVISORY BOARD (HAAB) MINUTES OF September 22, 2005 MEETING HELD AT GOLDEN GATE COMMUNITY CENTER 4701 GOLDEN GATE PARKWAY Present: Absent: Raymond Cabral David Correa Renato Fernandez Manuel Gonzalez Maria C. Herrera-Rodriguez Ernesto Labrador Cosme Perez James A. Van Fleet Anna 1. Rodriguez (Excused Absent) Also Present: Ms. Lillian Amador, Staff Liaison for HAAB, Collier County Human Resources Ms. Colleen Greene, Staff Liaison for HAAB, Assistant County Attorney Mr. Victor Valdes ~h. R-eleBIt Cllflffie, LULf.C Mr. David Plaza, Editor for GACETA TROPICAL NEWSPAPER - Mi. Fla.I1i.. R:c.d:l'igaez Mr. George Drobinski, Catholic Charities Ms. Cathy Saenz, Fox 4 News Ms. Silvia Casabianca, Tempos del Sol The September 22, 2005 Meeting of the Hispanic Affairs Advisory Board (HAAB) was convened at 6:00 p.m. Mr. Ernesto Labrador called meeting into order. He first asked that the new HAAB members introduce themselves to the board. Renato Fernandez is a new member, originally from Peru. He moved here from New York and was involved in his community. Maria Herrera-Rodriguez is a native from Naples, Florida. Her father is from Mexico and just recently became a U.S. citizen, her mother was born in the U.S. but is of Mexican descent. Ms. Herrera-Rodriguez works for the Collier County Public School, where she works with special need students. She's very much involved in helping her community. The agenda was approved by a vote of 8-0 with Mr. Labrador making the motion and Mr. VanFleet and Mr. Correa seconding it. New Business to consider a date change for the October meeting. The minutes from the August 25, 2005 HAAB Meeting were approved 8-0 with Mr. Labrador made motion and Mr. Cabral seconding it. Mr. Perez had problem with the language in paragraph 6 of page 3 of the minutes. Mr. Gonzalez tried to explain that the motion was for I lL [I o~ ,; the HAAB and the BCC to have a workshop session. Mr.Van Fleet provided and had copies of the letter that was not included with minutes. Mr. Fernandez called Nancy Bradley to be excused for the August 25th meeting. Mr. Labrador made motion for Mr. Fernandez excused absence. Mr. Correa seconded the motion, and it was approved 8-0. . Mr. Labrador read his letter that was emailed to all HAAB members last week addressing the Board of County Commissioners, a copy of the letter was not sent to the BCC. He mentions to them that the HAAB are the voice of25% Hispanics ofCoIlier County Population. The Board of County Commissioners approved the request for the workshop with the Hispanic Affairs Advisory Board. The workshop has been schedule for Monday, November ih. There should be no individual agendas, we should work for the good of the whole community. Mr. Gonzalez asked if the letter was sent to the Board of County Commissioners. Mr. Labrador responded that based on advice of counsel it was sent only to the HAAB members. Mr. Perez questioned the source of the 25% population count. Mr. Labrador got the source from LULAC. Mr. VanFleet stated the current estimate also comes from the US Census. Mr. Perez asked if parts of the 25% are voters. Mr. Gonzalez responded that only 12% are registered to vote. Mr. Correa added the school population is approximately 33% Mr. Labrador said Hispanics are 52% of the Collier County Public Schools. New elementary schools are being built, and the Hispanic population is increasing. Under New Business, Colleen Greene, Assistant County Attorney, Staff Liaison, explained a few points of the Sunshine and Ethics Law. She mentioned that Mike Pettit, Chief County Attorney, will address more about the laws in a January meeting held for new board members. The October 2i\ meeting needs to be rescheduled because Ms. Greene and Mr. Pettit will not be in town for that date. Ms. Greene requested to Mr. Labrador if the date could be changed. Mr. Correa stated that he won't be available on October 20th and would it be possible for October 13th. Mr. Fernandez - either October 13th or October 20th. Ms. Herrera-Rodriguez - either October 13th or October 20th, but also asked ifit could be done another day. 2 1611 . Mr. Perez - either October 13th or October 20th. Dr. Van Fleet, Mr. Correa, Mr. Cabral, and Mr. Gonzalez said either date is fine with them. Mr. Labrador - it's very important to have David Correa in the meeting because he has been in the board the longest IOyears. Mr. Labrador made motion to meet October 13th, second by Mr. Fernandez. Mr. Perez if the October 20th is not available, then October 13th, amendment to motion, second by Mr. Gonzalez. Approved 7 to 1, opposed by Mr. Correa. Mr. Labrador addressed audience to have cell phones on silent when taking forum. Issues to bring up with the Board of County Commissioners. Mr. Gonzalez suggested to abbreviate each member's input from previous research. There is a 2-way avenue. Establish a formal avenue of discussion. Mr. Labrador in the last meeting said he didn't know whether workshop would be set-up. Mr. Gonzalez anytime there is controversy with an advisory board the first reaction is to disband or remove the board. First does the BCC want for HAAB to exist? Just list issues not the history. How can we be a more effective body? Mr. Perez asked whether the BCC could put HAAB recommendation in their agenda at every meeting, for HAAB to have a say at every meeting. Ms. Greene stated that request to be on the BCC agenda could be made. Mr. Labrador was concerned with Mr. Coyle's letter. He was disappointed and confused. He is encouraged that the BCC agreed to workshop. Mr. Correa - are we expecting the BCC to listen to our advice? BCC is limited in its role. The Sheriff Office and Tax Collector are independent. We need to work on our mission statement. Mr. Labrador can only voice his opinion. BCC could have helped the Collier Sheriff Office instead sending money to lobbyist. If they have the tools to fund others, why not fund the Sheriff Office. The Sheriffs Deputies are the first line to the Community. Maybe each constitutional office have their own advisory board. Mr. Correa directs the attention to various agencies. Mr. Labrador - the first time in 21/2 years the BCC are embarrassed of Mr. Van Fleet's report. Coyle says mostly advisory. Can't overstep. 3 16 '1 . Mr. Gonzalez - Coyle wanted us to tell him first. Mr. VanFleet spoke about spoke about county government in Florida; role of the BCC in government is legislative and executive. Commissioner Coyle states we have impinged on the Collier County Public School, Collier Sheriff Office, and other constitutional offices. The BCC is not prepared to take responsibility. First, establish what HAAB will do as advisory board with the BCC, regarding jurisdiction of other offices. Hypo-country X President without authority of various parts. Establish more clearly the BCC vision. Mr. Gonzalez - add the Supervisor of Elections and the Courts. The BCC has purse strings. We need to depend on the Hispanic Media and encourage the Hispanic Cornmunity to get out and vote. The BCC does have authority with purse strings. Drill team was a haven for recidivism Effort to determine what they can control and how can we influence it. Mr. Perez talked about Mr. Victor Valdes letter. The workshop is good on how we need to present the format and recommendation to the BCC. Recommendation is part of the BCC job. If we can't do it, let's direct another organization like LULAC to do it. Mr. Labrador asked "what are we here to do?" Mr. Perez said they want the Hispanic community to integrate smoothly. On October 8th, there will be a parade and 28 people will represent different Hispanic countries in the parade. Mr. Gonzalez and Mr. Labrador said we are here to advise - period. Mr. Labrador - we are here to advise the BCC on their county. Commissioner Coyle tried to do to us what Commissioner Coletta did to Commissioner Coyle by accusing him of acting outside of the ordinance. Mr. Perez and Dr. VanFleet did outstanding reports. The reports were done to advise the BCC to help 25% of the community. Mr. Gonzalez - Mr. Perez has noble wonderful ideas. How can it get done? Mr. Victor Valdes is the only steady audience. Where is the Hispanic Community on voting day? Hispanics have rights. They have to express them by voting. Ms. Herrera-Rodriguez would like to make a comment. I feel I have a very close relationship with the Hispanic Community. Some of the Hispanics in the community are uneducated and cannot read or write English or Spanish. They don't know they have right to vote, or don't know how to register to vote. They are ashamed; there isn't enough information to educate them on how to register to vote. Need to empower the people letting them know they have rights. Mr. Fernandez asked how many Hispanic people know this board exists? When speaking about Hispanic there are a lot of them. We need to get them to meetings. We need to talk to the Hispanic media. 4 16 r 1 . Mr. Labrador agreed with Mr. Fernandez. 2 'l2 years ago it took 3 meetings to get a quorum. Members were disillusioned. No funds, how can we alert the people if we can't get the message out. Ask the BCC for funding for web site and mailings. The Black Affairs Advisory Board is funded with $2K. Black/Haitian are 11 % of population, then we need 3x the funding to started. The BAAB is funded, why not the Hispanic Affairs Advisory Board? Mr. Correa - we are funded by the County Attorneys Office;- and County Mangers Office. Every 2 years they go through the funds. Mr. Manalich broke down the funds. Mr. Labrador agreed we need more funding. Mr. Cabral said we need funds to let the people know. The SW Hispanic Chamber of Commerce has meetings with Lee County HAAB. Why don't we do it? Mr. Correa there might be a problem. Mr. Gonzalez said the President of SWHCC is the Chairman of the HAAB. They don't discuss issues, they use it to network. They have the same problems getting general population to meetings, and they have no funds for mass advertising. Mr. Perez - we can have all kinds of groups and organizations at meetings. We have to invite people to this meeting and ask them what they want from the community. Ms. Herrera-Rodriguez- voter registration forms should be in Spanish. People don't know they exist or where to get them. Would there be a conflict if we spread the information to the churches? One church has IOK Hispanic families and contacts other groups to put up the notices. Mr. Labrador requested funds to do this in the past. Board members are not to give funds but time. Expect elected officials to support mailings. Mr. Gonzalez said the County Attorney Office's told us there are no funds to do mailing. Mr. Labrador said the County Attorney has a list of media to send notice. Ms. Herrera-Rodriguez wants to send notices to churches. Mr. Labrador would like the pastor to attend our meetings. Mr. Perez made a motion to include funding HAAB on agenda. Mr. Labrador rephrased the motion. Recommend to the BCC that HAAB be allowed to pay for advertising. Mr. Perez-put on HAAB agenda; how HAAB can ask BCC for funding. 5 1 h '1 . Not everyone understands the motion. Mr. Labrador restates; place HAAB funding on agenda so funding can go straight to agencies. Mr. Cabral invited people to come to HAAB meetings and help them get grants/funds. Dr. VanFleet - 2 weeks ago I spent a weekend with Collier County Human Services Department. Collier County gives no funding to these organizations. Collier County is the only county which doesn't give any funds. Agencies get grants; they're really good at it. Mr. Perez renewed his motion regarding fundraising. No second and the motion is tabled. Focus should be on the BCC!HAAB workshop: 1. Funding 2. Accepting reports & recommendations of the HAAB 3. Further detail on ordinance regarding HAAB. Dr. VanFleet talked about one of the issues from the conference. What single thing does Collier County really need? Affordable Housing! The BCC and Chamber of Commerce have groups working on Affordable Housing. We should look at it too, greater impact on Hispanic than any other community. Mr. Labrador- the BCC turned a deaf ear on Jubilee Village. Affordable housing is something the county needs. There is no housing for teachers or police. Median income is $60K. Abuses in affordable housing should be brought to the forefront. It affects Black and Haitian communities too. 68% drop-out rate for free English classes. Nine members represent all of Collier County. So, what are we going to ask the Commissioners? Better education, health, law enforcement, and housing. Mr. Cabral - Health Services is one of the things, but we need to address all issues. Mr. Correa asked when is the workshop? Mr. Labrador - November 7th from 9 am to II am. I believe it is a positive, big step to have the workshop with the HAAB. The Haves and Have Nots, our chance to help others. Ms. Herrera-Rodriguez said something that the undocumented Hispanics need are IDs. Mr. Correa agrees it's a big problem. Mr. Cabral said it is not a County problem, but a State issue. 6 16 r 1 . Mr. Labrador- the sheriffs office is going to start a program called REAL ill. Check points for ill: weed and seed to enforce documentation; Human Trafficking same as slavery. Ms. Herrera-Rodriguez- having these ills would be a great idea; it should start in Collier County. This would benefit the undocumented and the community to be able to find them. This would be an example to other counties. Mr. Labrador thinks an amnesty program would be great. After 1 year they need to apply for residence. The BCC could use political help. Mr. Femandez,- a lot of people get used to ofuers doing things for them. Hispanic people won't learn the language. HAAB has to help Hispanics, but not take them by the hand. Spanish people still are doing lower work. Mr. Perez suggested to move forward and disagreed that the HAAB represents the Hispanic Community. We are trying to find out what they need. Asks whether everyone in the audience understand English. Mr. Gonzalez - immigration issue are federal issues. Local issues would be unconstitutional. General issues: housing, health, education, law enforcement, and political representation. True we don't represent them. We are a catalyst, conveyance. Start with all positive issues. If they ask for more, then continue. Commissioner Coyle is concerned about housing. A PhD. in Economics earns $38K at Florida Gulf Coast University. People will continue to come for cheap labor - meat packers, restaurants. Hard to resolve all issues at this level; bread and butter in here now and not apple pie in the sky. Make it brief; reports should be under introductory statement. Primary purpose - introduce these issues, keep it simple stupid. Mr. Correa understands the HAAB does not have much power with the sheriff, elections, school, health, and housing offices. Housing is a problem, and we need to address it. Mr. Gonzalez - good land and expensive houses. Mr. Labrador - sure Commissioner Coyle didn't discuss Hispanics and affordable housing. What about eminent domain? Mr. Correa - Commissioner Coyle is very helpful to the minority community. We have served on an action board togefuer. Mr. Labrador believes commissioners are unresponsive to HAAB. Dr. VanFleet said there are 25 Boards in Collier County. Mr. Correa doesn't think the BCC reads every report from each board each month. Mr. Labrador - the BCC said that Dr. Van Fleet's report was not endorsed and will not be recognized by the board. There was a suggestion to re-submit it. 7 16' 1 . Public meetings & public documents. Mr. Labrador identified issues: health services, affordable housing, and funding. Dr. Van Fleet said a two-hour meeting is more than enough. Mr. Labrador asked members to prepare work to discuss at next meeting. Mr. Labrador made a motion to have November's meeting on November lih. Mr. Perez seconded it. Approved 8-0. Mr. Labrador made motion to have December's meeting on December 15th. Mr. Gonzalez seconded it. Approved 8-0 Public Comments: Mr. Victor Valdes HAAB was created 5/19/1991. I have worked closely with the Board all 14 years. I brought people to the meetings, the community felt they were losing their time. In the past the BCC didn't pay attention to HAAB. I wish you the best. Commissioner Coyle wants to take zoo land by force. If HAAB doesn't do what the BCC wants, beware. Someone in the BCC wants to be a dictator. Amend minutes from last meeting. See letter (attached). Mr. Labrador - minutes don't need to be verbatim. Motion to amend was made and Mr. Perez seconded it. Approved 8-0. Mr. Gonzalez invited two agencies: Partners with Guatemala and Catholic Charities. Mr. George Drobinski with Catholic Charities There are important issues with immigration and voting. Will help to spread agenda notice: St. Matthews - Van Elsin, Fred Richardson, Executive Director will help to get the word out. Hunger and homeless are all interconnected. At 8:00 p.m., Mr. Labrador moved that the meeting be adjourned, and Mr. Cabral seconded his motion. The motion passed 8-0. Copies of the September 22, 2005 agenda and the referenced documents presented by/to HAAB at the meeting are attached. Prepared by Lillian Amador, HAAB Staff Liaison, Senior Human Resources Technician. V\.!'p:roved by the Hispanic ~ ,2005. I :> day of COA-01l361266 HAAB Chairman 8 16 , 1 . Collier County Government Communication & Cnstomer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Sept. 29, 2005 FOR IMMEDIATE RELEASE NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, OCTOBER 13, 2005, 6 P.M. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL 34116 * * *** * * * * * * * * ** * * * * * * *** ***** **** *** * * * * * * * * * * * * * * * **** * * * * * NOTICE .. All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. .. For more information, please contact Colleen Greene at (239) 774-8400 or Lillian Amador at (239) 774-8924. .. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380. .. Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. .. Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. ****************************** *********************************** AGENDA I. 6 P.M. Meeting Called to Order II. Approval of Agenda III. Adoption of Minutes from September 22, 2005 Meeting (with discussion of any amendments) IV. New Business A. Prepare and Discuss Guidelines for the Workshop Between the HAAB and the BCC. B. Dates for November HAAB Meetings V. Public Comments VI. Board Member Comments VII. Meeting Adjourns -End- . 1611 . COT J JF.R COUNTY liSP ANIC AFFAIRS ADVISORY BOARD (HAAB) MINUTES OF October 13, 2005 MEETING HELD AT GOLDEN GATE COMMUNITY CENTER 4701 GOLDEN GATE PARKWAY Present: Absent: Anna 1. Rodriguez - Present @ 6:30 pm Raymond Cabral David Correa Renato Fernandez Manuel Gonzalez - Present @ 6: 1 0 pm Ernesto Labrador Cosme Perez James A. Van Fleet Maria C. Herrera-Rodriguez (excused) Also Present: Ms. Lillian Amador, Staff Liaison for HAAB, Collier County Human Resources Ms. Colleen Greene, Staff Liaison for HAAB, Assistant County Attorney Mr. Victor Valdes Ms. Silvia Casabianca, Tiempos del Sol Mr. Johnny Restrepo, Paisiano Times Ms. Hilda Diaz Mr. Carlos Bustos, Division of Forestry The October 13, 2005 Meeting of the Hispanic Affairs Advisory Board (HAAB) was convened at 6:05 p.m. Mr. Ernesto Labrador called meeting into order. The agenda was approved by a vote of 8-0 with Mr. Labrador making the motion and Mr. Raymond Cabral seconded it. The minutes from the September 22, 2005 HAAB Meeting were approved 8-0 with an amended removing Mr. Robert Canino and Mr. Frank Rodriguez from the present list. Mr. Labrador made motion and Mr. Renato Fernandez seconded the motion. New Business Mr. Labrador passed out his workshop proposal and Dr. Van Fleet goals for 2005 - 2006. Ms. Greene advised to vote on goals for the workshop. Mr. Labrador agreed, and asked HAAB members to be present on November 7, 2005. We need to get a consensus today. I 16' 1 . Ms. Greene improves to narrow & focus issues. Mr. Fernandez questioned regarding HAAB members presenting to the BCC. Mr. Labrador stated the person with interest or information should present to the BCC. Mr. Cabral the researcher should present finding to the BCC. Mr. Gonzalez don't be concerned with research was done before Mr. Fernandez came aboard the HAAB. Mr. Perez sees a problem with the mission statement; frame mission within ordinance; and defines Latino. Mr. Gonzalez issues with Latino/Hispanic describe all Spanish culture. Latino is also every culture within French, Portuguese, Italian, and Spanish. Recommend removing the Latino from category. Mr. Correa agreed with Mr. Gonzalez Mr. Perez problem with define of Hispanic. Mr. Labrador agreed to use Hispanic and drop Latino. Mr. Perez the problem with the mission statement language is it should be an introduction instead of a Mission Statement. Mr. Labrador at workshop, we need to look at ordinance careful. It should be re-defined. Topic number one should be ordinance. Mr. Perez ordinance !;2-932, why point out BAAB? Mr. Gonzalez would like a draft ordinance at the workshop. Dr. Vanfleet made modification of Mr. Labrador mission statement (see attachment). Mr. Perez disregards current mission statement. Motion not present mission statement. Focus on ordinance !;2-932. Mr. Labrador no second, motion tabled. Mr. Perez to come up to a better idea without the BCC replaces organization in this county. We need to support a strong concern. Dr. Vanfleet move to approve revised Mission Statement. 2 16 r 1 . Seconded by Mr. Cabral and Mr. Gonzalez, Motion passed 7 to 1. Mr. Perez changed vote to yes. Now motion passed 8-0. Mr. Gonzalez !l2-932 - amend (4) to include other advisory boards. Mr. Correa there are 26 Advisory Boards. History with the HAAB & Black Advisory Affairs Board was both boards were created at the same time. Mr. Fernandez let's take away "Black". Mr. Gonzalez are we still a minority? Mr. Perez has meetings with other advisory boards. Mr. Labrador believes "Black" was intentional choice in ordinance. Mr. Correa leave !l4 and "Black" alone. Mr. Gonzalez asked for a list of all the advisory boards. Ms. Greene yes, we can get list of all advisory boards for the next meeting. Mr. Labrador made motion to add "other advisory boards", second by Mr. Fernandez and Mr. Perez. Mr. Correa we have a right to attend other advisory meetings. Mr. Perez attends other board meetings. Mr. Cabral We should have joint meetings. Mr. Correa the other boards need to give approval. Mr. Labrador remember BCC disbanding boards and creating minority commission. Ms. Rodriguez Advisory Board is only there for advised. Commission is more power. The Hispanic community doesn't have any trust in the HAAB. HAAB doesn't have any powers. Hispanics are becoming a threat. We need to be careful how we approach. Mr. Labrador when we acted, people in power said no. Ms. Rodriguez Hispanic becoming a force and a threat. Ramiro Manalich the only Hispanic in County in the past. We need to be tactful and make changes due to growth and should be a commission and not a board. 3 16 '1 . Mr. Correa the Hwnan Right Commission failed due to Gay Rights wanting to be part of the commission. Mr. Labrador vote to add "and other boards"? 7 - I, Ana Rodriguez voting NO. Mr. Perez !!i2-932, Paragraph 2 - If this was read before we could have used. Let's become a vehicle for the community. Mr. Labrador further define #2. Mr. Gonzalez move to leave !!i2-932 alone. Mr. Labrador agrees. Dr. VanFleet that should be the end ofthe mission statement. Mr. Gonzalez we should prioritize these issues. # 1 education, #2 housing, health, political representative, law & judicial concerns, other - hwnan trafficking, and districts; identify issues of concern to Hispanic Community. Dr. Van Fleet concurred with Mr. Gonzalez, emphasize importance of each issue at workshop. Mr. Labrador no preference list; let's focus on 2 main issues. All III accord with education first. Mr. Correa education (under school), health (under Health Department), Law (under Sheriff). The BCC has no power or authority over these agencies. There should be issues about what the board have control. Mr. Gonzalez no complaints, issues of concern and importance. Mr. Cabral health care - Horizon going to BCC for funds. Mr. Labrador we are liaisons to BCC. Priority issues first is education report by Dr. Van Fleet. Ms. Greene recommend one or two page agenda not entire package have reports available. Mr. Labrador asked members to do synopsis of their report. Is important to have united focus. Mr. Cabral could we asked board about creating commission? Dr. Van Fleet use caution emphasizes Hispanic Affair Commission. 4 16 , 1 . Mr. Labrador consensus of HAAB not to try to expand board. 3 Commissioners in favor of dissolving board. Mr. Gonzalez Dr. Van Fleet will incorporate Ana's ideas for introduction into his amended mission statement. Mr. Correa let's not have any disagreement in front of the board. Mr. Perez are we creating the agenda? Ms. Greene yes, HAAB. Mr. Labrador Agenda is as follow: I - Mission Statement, 2 - Ordinance Issues, 3 - Issues of Concern: a- Education, b - Job, c- Housing, d - Health, e - Political Representation. Ms. Rodriguez bring past census before hitting them with mission statement. Mr. Labrador made motion to approve workshop agenda, second by Mr. Correa, and Mr. Cabral. Approved 8 - O. Ms. Greene stated the ordinance Issues on agenda would bring up other concerns, example "acting outside the ordinance" November 17th, and December 15th (if chambers not available December 8th.) Mr. Labrador made motion, second by Mr. Gonzalez. Mr. Perez amends motion if 8th or 15th not available meeting will be held in January 2006. Approved 8 - O. Public Comments: Victor Valdes, LULAC, present at meetings for 14years. IfBCC receives complaint from public, BCC pays deaf ears. HAAB members resign. LULAC national director will be here on November 7,2005. Proud ofHAAB. Johnny Restrepo, Publisher/Editor of PaiS4lno Times Newspaper, what IS HAAB purpose, ifHAAB has no power? HAAB is only a bridge. Mr. Labrador responded, the bridge is good, but we're here to help the community. I saw the same thing as it happened to my parents. We all are going to continue with HAAB. Mr. Restrepo, how will HAAB address complaint ifBCC says no? Mr. Labrador by the ordinance. 5 16 f 1 . Mr. Gonzalez board never had authority. We are going to determine strength of bridge, for BCC to fish or cut bait, commentaries, by getting the community involved, get Hispanic readers to registrar to vote. Mr. Correa as a board we are not elected official, we are liaison; give and take with the board. The BCC does not rule absolute, no power over sheriff, school board, and health department. Brought these school issues years ago. Mr. Perez HAAB members are optimistic, working hard to get community involved and issues to BCC, use ordinance to fullest to help community. Mr. Gonzalez media has the power, use commentaries to help Hispanic; we need help to get word out to get Hispanic to vote. Silvia Casabianca, Tiempos de Sol, thought workshop was to discuss political power, political power should be main issue, how do you build a bridge, HAAB are leaders of the community. Mr. Correa I - get word out, go to school and learn English; 2 - get them to register to vote. Mr. Gonzalez there are only 11 % or 12% are eligible to vote. Ms. Rodriguez there is lot of Hispanic registered as black, worked with election supervisor and her list. Difficult to ask people to learn English based on their employment. Affordable Housing is ajoke. No housing for Hispanic Community. Carlos Bustos, Division of Forestry, came from Puerto Rico, goal to outreach to Hispanic Community to start visiting State Parks and Forests, add environmental issues to mission statement, get Hispanic out for environment activities, respond to manage growth, transportation related jobs, environmental justice. Hilda Diaz commend HAAB members, regarding priorities want to hear voting, workshop will be power struggle, suggest resigning all together at one time - what a vacuum! What a message! Mr. Gonzalez Hispanic community needs to unite to have a voice. Mr. Rodriguez will be going to Guatemala and won't be able to attend meeting. Mr. Labrador made motion to adjourned, seconded by Mr. Correa, and Mr. Cabral. At 8:07 p.m., Mr. Labrador & Mr. Gonzalez moved that the meeting be adjourned, and Mr. Correa seconded his motion. The motion passed 8-0. 6 16 , 1 . Copies of the October, 2005 agenda and the referenced documents presented by/to HAAB at the meeting are attached. Prepared by Lillian Amador, HAAB Staff Liaison, Senior Human Resources Technician. ..... Hispanic Affairs Ad~ B(fd ;n OS 0 +- day of ,200fr"etl- SA v-~ HAAB Chairman Approved by the /' ,l~ Attachments: October 13, 2005 Agenda HAAB Mission Statement 7 . 1 h '1 /O1'3{ D5 · CfYIG- Collier County Hispanic Affairs Advisory Board To: Members of the HAAB Consideration for Guidelines (Work Shop Agenda) From: Ernesto A. Labrador, Chairman HAAB Agenda Item V ( B) I. Mission (Proposed) As established by the Collier County Board of County O-!r M IS'k> Commissioners. In order to improve the quality of life of ,~ i r%" [HispaniC! Latino }:itizens to identify a'lld monitor the needs and/or interests 1latiAss/Hispanic c}tizens,' ~fiOW*-~ -1l/ develop programs addressing such issues, encourage involvement of Hispanics in matters of community concerns, support the development of Hispanics in leadership roles, and recommend to the Board of County ~ ~ . Commissioners legislation J Enhance'programs40 raise'''~ the quality of life within Collier GSUftty for Hispanics., by- d,evelopin close linkage W;h ~t~C ("d pri.....ate seetor e .. s hat could . V. g for their realization. ~(iJl1 Develop liaison betwee III 9lA-p~oY1 ut \?JO::: rr0\fs"6iM fbr t-tf\--ft0/ 'c organizations. 16 1 " i'l , J ~ In support of its mission, the Board's primary activities include ~ 110+ t1t~essaruib in ())d0t- if pv1mc.Af~:y' ~ cern in : · Health Care Wu'es f ni\c-kce . ~USing Issues . Educational . Hiring Practices School Board . .~ ~ .\~ r( . Law and Judicial Concerns . Human Trafficking . Political Representation Jf:. Reapportionment- Commission Hosting :Spanish language, or translated broadcasts 16' 1 . into Spanish for non-speaking residents on educational television and radio programs on issues of concern to the Hispanic community; information and referral services Networking fairs; public forums; and the development and implementation of special projects and signature events celebrating Hispanic Heritage month. Among them, the Hispanic Arts. Expressions Exhibit highlighting the richness of the Hispanic/Latino culture through painting and sculpture; and the Hispanic Role Model of the Year Award Luncheon. These programs By the Board of County Commissioners and authorized by the BCC to recognize a Hispanic who has contributed to the enhancement and development of business, culture, education, press and/or the arts in our community. Both events are hosted in October. 16 ,] . There would be a report given by each of the HAAB members in rotation at every monthly BOCC Meetings stating what has been revealed from fact finding and gain permission to proceed with other work. Topic # 1 Health Care Potential Culture-Related Health Concerns among Hispanic Populations Persons from some Hispanic cultures may have a tendency toward certain health concerns because of cultural factors. Many items on the following list are derived from a 2004 report by the Task Force on Hispanic Health Issues, U.s. Department of Health and Human Services. Soecific concerns include: 1. a high incidence of teenage pregnancy among Mexican and Puerto Rican populations, due to a large percentage of women of childbearing age. 2. a low incidence of breast-feeding, especially in the Latino population. 3. Where breast-feeding is practiced, a tendency to do so for a short period and to introduce solid foods earlier than recommended in current pediatric guidelines. 4. a very low intake of vitamin A. 5. alcohol abuse, especially by young Mexican males (abetted by cultural taboos against female disclosure of alcohol use). 16 j 1 o 6. drug use at levels higher than among non-Hispanic Whites. 7. a high prevalence of undetected non-insulin-dependent diabetes (especially among Mexicans with Pima Indian blood). 8. a high incidence of tuberculosis (the National Coalition of Hispanic Health and Human Service Organizations [COSSMOS] recommends aggressive screening with Mantough tuberculin skin test and, if the test if positive, use of the NIH's preventive therapy, because of the high use of BCG in Latin America. 9. high risk for mental health problems such as depression, anxiety, and substance abuse. 10. dietary concerns due to: o a high consumption of fats (often lard, especially for low- income people) and fried food o a traditional diet high in carbohydrates from beans and rice (Puerto Rico, Cuba, and the Caribbean islands) or corn tortilla (Mexico) o low intake of green or leafy vegetables and/or milk and eggs, especially in conjunction with increased consumption of meat and fast foods as acculturation occurs. o Recently revealed a high incidents of food borne illness due to the storage of rice and rice products. o A higher than normal infection of HIV -AIDS The Hispanic community in the U.S. increased by 580/0 between 1990 and 2000. Florida's Hispanic population grew by 300% during this time. Hispanic immigrants have . higher rates of fertility, . maternal death and . cervical cancer death than United States-born whites. This study was undertaken to learn Hispanic immigrants' access to and use of preventive healthcare services in Florida. Methods: Anonymous survey was conducted among a convenience sample of Spanish-speaking immigrants at regularly scheduled health fairs. Prevalence of low access to and use of preventive healthcare services was estimated and its risk factors identified. Results: We surveyed 362 participants, (567 Florida), aged 18-84 years (median=40). Women formed 81.7% of participants. Most participants (83.60/0) believed Hispanic community had inadequate medical services, yet 41.4010 reported health insurance. Women were less likely than men to be insured 1611 .... 't . (proportion ratio [PR]=0.71j 950/0 confidence interval [CI] 0.54-0.94). One-sixth of respondents had been denied medical services. Insured women were more likely than uninsured women to report having had a Pap smear (PR=1.27jCI=1,16- 1.41) or mammogram (PR=1.57jCI=1.60-2.66). However, insured women were less likely to report family planning visits (PR=0.41; 95% CI=0.22-0.98). Among women ever pregnant in America, 53.30/0 received no prenatal care. Florida Hispanics were younger and less likely to report insurance or Pap smear testing than Florida Hispanics. Conclusions: Insurance coverage was a factor for use of all preventive health services by Hispanics in Georgia and Florida except family planning service. There is need to provide appropriate and culturally acceptable health care services for Hispanics. Topic #2 Housing Develop programs within the County that address housing issues: to wit its lack of affordability for the majority of persons with incomes of less than $46,000 per annum, a matter impacting heavily on the Hispanic Population Work on solutions to the affordable housing issue vis-a-vis funding, impact fee relief, et ai, particularly for those heads of households whose income are les than $50,000, yearly. Work with private and public sector entities to develop approaches to housing issues that focus on low and medium cost shelters, in all parts of the County 16 j 1 Victims of Crime 1. Population Characteristics and Vulnerabilities Hispanics who speak only Spanish are isolated Iinguistically.71 Although some households may have English-speaking children or others to translate, serve as a bridge to the community, and help in purchasing goods and services, others do not and accordingly are more susceptible to frauds. In terms of age, both younger and older consumers are viewed as particularly vulnerable. Additionally, as a group, Hispanics are noted for their trusting nature, which means they may be easier prey for scam artists. In addition, they might feel shame in being victimized and therefore be unwilling to report their problems to authorities. New immigrants and those who lack proper "documentation" also may be especially vulnerable and unlikely to report problems.iS 2. Common Frauds and Deceptive Practices The panelists identified the following product categories and practices as key problem areas Predatory lending practices. Lower income levels and other factors can make obtaining access to credit difficult. Moreover, Hispanics unfairly may be charged higher interest rates. Immigration fraud. Perpetrated by so-called "immigration consultants," such schemes tend to increase when immigration legislation (for example, for an "amnesty") is being proposed or considered The "consultants" take advantage of general awareness of possible new programs and their victims' lack of sophistication about the legislative process. Used cars. Some sellers fail to comply with applicable state and federal laws, Used Car Rule (if a transaction is conducted in Spanish, the mandated "Buyers Guide," disclosing whether the vehicle comes with a warranty or "as is," must be provided in Spanish) or California's law that if negotiations are conducted in Spanish, the written contract also must be in Spanish. Health insurance fraud. Because minimum wage earners often do not obtain health insurance from their employers, they are attracted to offers for low-cost health insurance, which may not provide the advertised benefits, if any. Buying clubs (offering discounts on products and services). For Hispanics who seek discounts and best prices, offers for buying clubs are extremely attractive. Panelists at the Outreach Forum described a Hispanic cultural affinity for "free" or discounted goods and services, and an economic need for them driven by lower income levels as a group. Buying clubs often are offered for free for thirty days, 16'1 . speak Spanish. the call recipients are likely to be trusting. Panelists also identified Spanishlanguage infomerdals that portray themes or backgrounds attractive to Hispanics (featuring families or celebrations. for example) as a form of affinity fraud91 9 tfi f. ..-,' Ji 0 :~ ! . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ JOINT WORKSHOP AGENDA w/Hispanic Affairs Advisory Board (HAAB) November 7, 2005 9:00 a.m. 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 WIm 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 SUBMIITED 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 mEREFORE 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. Page 1 November 7, 2005 1611 . IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN TillS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Call to Order 2. The Board of County Commissioners and the HAAB plan to discuss and explore the HAAB's functions, powers, and duties pursuant to the County Ordinance. (Ord. 91-37) 3. Adjourn Page 2 November 7, 2005 16. 1.1<) ~ ; " L. '. , November 7, 2005 I. Call to Order: The Workshop was called to order by Commissioner Fred Coyle at 9:15 A.M. 2, County Manager Mudd stated that the purpose of the meeting was to have a dialog between the Hispanic Affairs Advisory Board (HAAB) and the Board of County Commissioners (BCC) in exploring the functions, duties and powers of the Advisory Board pursuant to the County Ordinance and to talk about their work-plan for the coming year. Mike Pettit; counsel for the HAAB, provided handouts of the pertinent sections of the Ordinance. He introduced Attorney Colleen Greene who will be working with the HAAB in future. Chairman Ernesto Labrador read a statement on the Hispanization of Collier County/ the Growing Influence of the Hispanic Community in Collier County. Some points of emphasis: o Unprecedented growth in Hispanic community since HAAB created o Concentrations in selected areas o Comprised of both blue collar & white collar residents o Problems of open borders and undocumented workers (abuse, cheap labor, human trafficking, labor bondage) o Need for business owners/employers responsibilities o Strain on educational system (today almost 52% of Hispanic heritage) o Burdens on County Government and Sheriff offices o Addressing needs, interests and concerns of Hispanic community o Integration into mainstream community-language barriers o Facing issues of Hispanic population of 25% to 30% He spoke on the Mission Statement and the proposed goals ofHAAB with the primary focus on education, hiring programs, housing and assisting, supporting and working with Hispanic social and community organizations. He also emphasized that all actions and procedures of HAAB were noted on monthly reports with guidance of staffliaison with County Attorney's office, and were approved. Also, every action was motivated by community concerns. Chairman Coyle agreed with many points brought forth and complimented HAAB chairman Labrador on observations presented in opening statement. He stressed the importance of Advisory Boards and their need to bring issues and recommendations to the Board of County Commissioners without going beyond their powers. Board of County Commissioners will take needed action if they agree with recommendations. He explained how BCC works with other agencies to achieve positive effects. Chairman Labrador had assumed there was screening of summaries and minutes. He stressed the desire for closer relationship with BCC and HAAB. Suggested representatives of each Board and the Sheriffs office attend meetings of the other, as time permits. BCC could then better express concerns to appropriate Constitutional Officers. 2 1 h 11 . November 7, 2005 Commissioner Donna Fiala suggested that sensitive and important issues not be buried in reports, but instead, noted with a special alert. BCC members can also be contacted and then respond individually, Also, ask to have important issues, which must be voted on, put on future agenda. Commissioner Frank Halas noted that advisory board members could lobby the BCC members individually to see where they stand on an idea or concern to give everyone better understanding of concerns. Commissioner Fred Coyle spoke to the housing problem regarding the influx of thousands of sources of cheap labor. Businesses have no incentive to raise wages with an endless supply of cheap labor. Government can't support that great a flood ofhousing needs. Looking at how Hispanic community, through HAAB, would want to address these issues oflabor and housing. Local Government has no control over immigration and border control. Commissioner Jim Coletta would like to see a system to document the undocumented who pay into Social Security, but never will collect from it. Business is dependent on their labor; economy would collapse without them. Companies subcontract out for bid; then those who accept the bid don't pay a decent wage. No easy solutions, but now have opportunities to make it better with approach from multiple directions and with the goals and enthusiasm of the Advisory Board. Cbairman Labrador spoke of the trials ofHAAB in starting up-- not much interest- couldn't get a quorum- not any feeling of purpose or ability to communicate to the Hispanic community. As Board evolved, Chairman asked each member to pick and work on an assignment. They researched hiring practices, job market, housing and community resources. Now, so not to deter energy and feeling of accomplishment, HAAB is requesting help with funding communications; for mailings, web site, reaching faith- based and other advocates of the Hispanic society, in order to bring HAAB' s information to the Hispanic community and through them, back to BCC. Commissioner Donna Fiala offered information available such as County Government Web site, with a link to HAAB containing postings of meeting minutes, Chairman comments, helpful contacts and phone numbers. Also, newspaper press releases on public interest items through County Public Information Office on upcoming events, seminars, workshops, etc. This would be at no charge. Commissioner Frank Halas added that there are also a few Public Radio stations that could be utilized. He commented on the interesting dialog taking place and the fact that everyone in this country is of some foreign heritage. He stressed that education, learning the English language and being able to communicate as being the key to going forward in fulfilling anyone's dream. Cited the many Hispanic success stories in government, as well as many other career fields, be used as examples to instilI higher hopes for future. 3 16 '1 . November 7, Z005 Commissioner Jim Coletta suggested HAAB concentrate on a few basics like housing, which relates to everyone, by getting involved in housing workshops, in affordable housing committee meetings, etc. Another focal point to work for is job opportunities. HAAB could be catalyst to future job markets and in educating Hispanic population to expanding markets such as health care industry etc. BCC would welcome reports coming back with fresh approach to factors that would move people up. There are several directions available to help, such as EDe. BCC staff would help in directing to others. Chairman Labrador read HAAB's mission statement, highlighting goals: o Educational programs that enhance closing educational gap o Develop and enhance programs for non-English speaking, especially adults o Links with public and private sector in promoting above issues and provide funding o Hiring programs fostering promotion progression through the ranks o Housing programs addressing affordability for low and medium cost shelter o Concerns that further integrate Hispanic population o Assist and support organizations, such as the Hispanic Chamber of Commerce and o Hispanic-related social clubs that focus on these concerns Commissioner Fred Coyle pointed out- In identifying specifics: o Need for more central point of communication of specific needs. Immokalee has more social services per capita than other places in the county. Copeland just as needy but neither has center of organization to pull things together, where Everglades City does. o HAAB could be focal point. Contractors and employers, landlords and businesses should take some responsibility and could be sources for communicating and monitoring needs of Hispanic community. o Suggested Rotation ofmeetings into different communities where convenient to Hispanic population. Will publish dates and topics to gain public and media attention o Reach out through contractors, landlords and employers to spread the word of meetings In communicating specifics with BCC: I. Work-plan with number topics and projects Z. Present for approval by BCe. 3. Present periodic status reports to BCC. 4. Provide specifics of recommendations at BCC meetings Commissioner Donna Fiala addressed the issue of Spanish speaking children, who live in communities where no English is spoken, being hampered in gaining English language skills. Hispanic population not equally distributed throughout the county makes assimilation of language difficult. Gap Housing program trying to reach middle-income housing population of workers to encourage moving into some of these areas. This will bring diversity into Spanish speaking only neighborhoods. Encourage children to speak English to parents at home. Job opportunities limited without English language. Prefers to keep meetings in one place, citing confusion and that people are creatures of habit. 4 16 11 . November 7, 2005 Discussion followed regarding free English classes and difficulty maintaining attendance due to work schedules, family responsibilities and some fear loss of culture and traditions. Commissioner Halas - HAAB could shine in righting a wrong especially in Agriculture area regarding undocumented workers, the abuse in living and working conditions. Anna Rodriguez spoke ofthe Federal Government appointed Special Counsel that goes after abusers, files for criminal charges and for return of back wages. Many people and even other Agencies don't know about it. This information could be publicized. As chairman of earlier Hispanic Advisory Board, sees too many differing interpretations of Ordinance governing both Hispanic Affairs Advisory Board and Black Affairs Advisory Board (BAAB). Ordinance too general in stating what is expected of Boards. Hispanic community has grown in 14 years since Ordinance enacted. Suggested that maybe it's time to revise the Ordinance to what is expected from HAAB Board, as well as BAAB. Has the guidance from BCC liaison, but Boards need to know what BCC wants them to get information on to avoid miscommunication. Commissioner Fred Coyle directed Attorney, Mike Pettit to come up with a draft of modifications to existing Ordinance staffed through Advisory Board. HAAB can bring hefore BCC for them to act upon. Anna Rodriguez also mentioned her recent return rrom Guatemala, where she met with many government officials, among them, thc Immigration Minister. Due to the tragic mud slides in that country immigration into Mexico has tripled and many will end up in Florida. Florida is #2 State for immigrants crossing the border. Maria Herrera-Rodriguez voiced concerns of housing and safety issues for non-legal and non-English speaking immigrants who are ignorant of rights. She has contacted churches and housing complexes about putting in church bulletins and on apartment complex bulletin boards, information on meetings and other helpful information. Churches agreed to occasionally include in bulletins and housing complexes would allow flyers or postings ifpaid for by HAAB. May be in the worksna legal requirement to have bulletin boards for posting information for emergencies, pest control, etc. in apartment complexes. Requested BCC to fund printing. Can get out information to have ways to express issues to Board and, in turn, to BCe. Commissioner Fred Coyle suggested that if that is the committee's recommendation, it be submitted BCC to put on agenda. Mentioned that permanently posted information is preferable to flyers, which are often thrown away and needed phone numbers are lost. Chairman Labrador announced that at meeting on November 10'\ issues would be discussed. If approved, he will personally deliver and discuss with individual commissioners. Fact finding mission of Dr. James Van Fleet and his report on education gap in schools has important considerations. HAAB would like to resubmit it to BCC for review & reconsideration. 5 1 h 11 . November 7, 2005 Commissioner Fred Coyle responded that items to be considered can be requested by committee Chairman to be scheduled with County Manager to put on regular agenda. Invitations to be extended to School Board members to attend that meeting, when held. Points of concern for HAAB to key in on and give guidance to BCC, in areas of concern to BCC were discussed: o How to accommodate needs for onslaught illegal and of new immigrants (education, housing,jobs) o How to relate rights, services, disseminate information o Responsible employers & contractors (adequate housing, wages, abuses) o Influx of cheap labor (pros and cons) Raymond Cabral -HAAB has same concerns as BCe. First step and key issue is education. Education leads to better jobs; that lead to better housing to breaks cycle of poverty. Agenda today is to: I. Present work plan 2. Address issues of the Ordinance 3. Which issues committee is going to tackle 4. Work out suggestions to present to BCC 5. Create & provide solutions to BCC to add support to BCC's efforts Commissioner Fred Coyle - Commented that HAAB has exceptional backgrounds and qualification specifically related to the problems that they're trying to solve. Asked they give BCC specific solutions. Will never break cycle of poverty if influx of undocumented continues uncontrolled. BCC is supportive of recommendation addressing that issue. Will forward recommendations to State and Federal Government Commissioner Frank Halas -BCC runs County. Can deal with housing and job codes; can't legislate human rights and immigration issues. Can voice concerns and assist Boards. Board can take to State and Federal agencies, civil rights issues. Owners of companies have responsibility to their employees. Commissioner Jim Coletta- Enforcing existing County Codes is something that County can do. And, by removing substandard housing not up to code when migrants leave, Squalor is underwritten when allowed to exist unchallenged. If an industry imports labor, it is their responsibility to provide decent housing. Substandard housing should be industry's problem. HAAB can see what it can do to correct substandard housing. Raymond Cabral provided information on policies of California and New Mexico, who document and identify immigrants, both legal and illegal. This is addressed at State level. States know where they are and where they work. States collect money from them and use this for health and human services and still net an equal amount to use for other projects. New Mexico is working on issuing Driver Licenses for identification, and checking accounts so money can be deposited, making less a target for robbery and saving law enforcement costs. It is brought out into the open- knowing who they are, where they are, what they contribute and how they benefit the State, Both agriculture and government is to blame for problem. It's an issue Board could work on, to pattern and model our State after California and New Mexico. 6 1611 . November 7, 2005 Anna Rodriguez Is involved in trafficking laws on Federal level. Problem areas: Farmers hire crew leaders. Crew leaders hire undocumented, pay low wages, put them in substandard housing, (charging $200 to $300 a week, forcing 10 to 14 in a unit) sell them exorbitantly priced food. When trying to enforce trafficking law, the farmer is clean and Agriculture Commission stops the investigation. The crew leader is not charged. Migrants now live all over Collier County, in housing with no facilities, non-working appliances and rents so high, that they can only live there if shared with 14 or 15 people. Codes need to be enforced and owners need to pay. They must be responsible for their workers. There needs to be a law to provide decent housing if you bring workers here. Discussion followed regarding: o Where to put people until brought up to code o If removed, who pays for their accommodations o Could County get sued o Removing substandard units from inventory after migrants leave for season, disable and destroy unit so it can't be returned to inventory o Owners responsible for removal of debris o Media expose of slum lords on continuing basis o Need for State legislation Commissioner Fred Coyle asked County Manager Jim Mudd to ask the County Attorney revisit Ordinance and to come up with a legally defensible and appropriate policy to tear down substandard housing and put it on agenda. County Manager Jim Mud mentioned monies that had been set aside under current Ordinance for inspection of substandard housing. He will check on remaining and additional funds under that Ordinance. Commissioner Donna Fiala suggested HAAB project could be to take pictures to expose substandard conditions and bring to BCC to telecast; also send to Code Enforcement. Also Code Enforcement could be made aware to seek these out. Anna Rodriguez - noted, for safety sake, taking camera and pictures in these areas could pose danger. Suggested enlisting Sheriffs officer to accompany, She also mentioned that a local bank will give mortgages to undocumented workers if they have an IT tax ID number. This might help in purchasing, rather than renting homes. PUBLIC SPEAKER Victor A. Valdes, President LULAC of Naples Council #7115 (HANDOUT) Thanked the Commissioners for listening to him, He requested the BCe listen and work with the Hispanic Affairs Advisory Board. Due to his extensive influence with the Hispanic community, through his Spanish newsletter, he will help to distribute information to the Hispanic Community. 7 1 ~ r' . November 7, 2005 Commissioner Fred Coyle - Summarized points of meeting: o Agreed that HAAB give a work-plan with prioritized list of issues they wish to address o Bee to take action on substandard housing issue o HAAB to agree and vote upon on items to go on agenda. ean come to individual Board Member or to regular Bee meeting to brief on issues o Those issues Bee agree with and can act on, will receive strong support from Bee Chairman Labrador stated Advisory Board point- person (chairman) was appointed to be spokesperson before Bee. They are pleased today's dialog with Bee and have accomplished mutual goals. Anna Rodriguez asked to be able to bring issues of meeting to the U.S Justice Dept. meeting on human trafficking she was attending. Since no policy was reached on any issue, the Bee agreed she could just summarize the issues and concerns discussed at the meeting that HAAB are working on. ************ There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:57 A.M. JOINT BOARD OF COUNTY COMMISSIONERS AND HISPANIC AFFAIRS ADVISORY BOARD WORKSHOP Chairman Commissioner Fred Coyle 8 16 , 1 . COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) Minutes of November 10,2005 Meeting HELD AT COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA Present: Absent: Raymond Cabral Manuel Gonzalez Ernesto Labrador Anna 1. Rodriguez David Correa Maria C. Herrera-Rodriguez Renato Fernandez James A. Van Fleet Cosme Perez - Present @ 6:22 PM Also Present: Ms. Colleen Greene, Assistant County Attorney Mr. Victor Valdes Ms. Silvia Casabianca, Tiempos del Sol Mr. Johnny Resrrepo, Paisiano Times The November 10, 2005 Meeting of the Hispanic Affairs Advisory Board (HAAB) was convened at 6:19 p.m. Mr. Ernesto Labrador called meeting into order. This meeting is Informational only as there is not a quorum. Human Trafficking - Mr. Gonzalez announced that the Guatemala consulate is meeting with Anna Rodriguez at the Department of Human Resources in Lee County on Monday, November 14,2005 Present at 6:22 PM - Cosme Perez Mr. Gonzalez presented a handout (attached). It is a working format. It is a vehicle to relay information to Commissioners. Mr. Labrador is to send emails to all members encouraging all members to attend and to be punctual. Mr. Labrador suggested sending email, notices and request confirmation of receipt. Mr. Labrador expressed to Cosme Perez how well workshop went. At 6:40 p.m., Mr. Labrador moved that the meeting be adjourned. 16 , 1 . Copies of the November 2005 agenda and the referenced documents presented by/to HAAB at the meeting are attached. Prepared by Odalys Valdes. Approved by the Hispanic Affairs Advisory Board on this ,2005. day of HAAB Chairman Attachments: November 10, 2005 Agenda Mr. Gonzalez - hand-out (Issue Alert) 04.COA.Ol136/274 fY\(. LabrCLdoy \(IJovt~hap IIh/l5S HISPANIZATlON OF COLLIER COUNTY 1 b \ \ . THE GROWING INFLUENCE OF THE HISPANIC COMMUNITY IN COLLIER COUNTY What defines a Hispanic? Nearly 180/0 of the US population, some 40 million individuals; possibly more with those not counted, in the 2000 census classified themselves as Hispanic or Latino. For the purpose of this presentation, I will use Hispanic to describe all those with Hispanic or Latino heritage. These terms may be used interchangeably to reflect the new terminology. Most of the people I know say, "I'm Cuban, I'm Mexican, I'm Puerto Rican and so on." Frankly, it may add to our political stature to use Hispanic as a people group Approximately 12- 130/0 of the Hispanic residents are voting,-- with expected growth to be 1-1/2 % per year.-which will result in a 20% voting block in the near future. Growth in the Hispanic community resulted in the adoption of the enabling Ordinance Sec. 2-927, 928, 929,930-2-934 forming the Hispanic Affairs Advisory Board. This Board has evolved; reflecting the change of the Hispanic, community changed its makeup. 1 ~ " . The Hispanic community has experienced tremendous growth due in part to the agricultural and service and hospitality industry in South West Florida. This growth has increased beyond any expectations due to the open border environment of the US , consequently, this has placed additional demands. both in manpower and financially on services offered by Collier County government. The Hispanic community has changed dramatically over the years since the HAAB was created. No longer is the community comprised of blue collar, farm workers and service employees from Central America, but now it is a diverse community of white collar college graduates with heritage from Cuban, Puerto Rican, and Central and South America that adds to the diversity of "Hispanics" in Collier County. Although these people groups have a common bond in language,.. Their customs, traditions, music and there worldview are quite diverse. As with all new immigrant groups the Hispanic community finds itself bond by something else, discrimination in many forms and severity. More than 690/0 of the Hispanic community is concentrated in relatively small geographical areas- I am sure others have 16' 1 . seen this restrictive geographical planning to separate the "Haves from the Have not's" This concentration allows and promotes language usage and traditional culture to persist for long periods, sometimes indefinitely. The constant supply of first generation immigrants ensures the Hispanic population will retain its culture, language and behavioral patterns longer than other immigrant groups- It is my opinion these factors will hinder the integration of this community into the mainstream of American culture. The practice of sometimes opened and most of the time opened borders without immigration restriction nor enforcement, has caused a continuation of unrestricted and undocumented Hispanics into our area. I suspect this growth will be far beyond what is expected. Anywhere from 11-130/0 of the total population could be the product of illegal immigration. This part of the population is "hidden and withdrawn" This segment in nurtured and cradled by US business interest by what they term as" Cheap Labor" these undocumented residents fall victim to labor abuse ,--human trafficking and 1"'11-. labor bondage. This 11-13% places a financial burden on County Government and the Educational structure of CCPS. Manpower resources of the Sherriff's Office, Jails and Court could be overwhelmed. As recently seen by inadequate confinement facilities and back logged court dockets. This influx will continue until the economic gap between the US and Central and South America equalizes. Alternatively, the US Govt. could enforce the immigration laws and controls our borders. This growth and the changing character of the Hispanic community have also changed the focus of the HAAB. 1. How does the County Government address the needs, interests and concerns of the Hispanic community? 2. How does the County Govt. face the issues of 250/0 -300/0 of their population being Hispanic? 3. What was the focus in 1991 when the ordinance was adopted with a ratio of 1 person out of 8 being Hispanic, 4. In 1995 1:7 5. In 1999 1:6 6. In 2005 1: 5 7. In 2010- 2015 1:4 will be a person with Hispanic roots 1611. . Almost 520/0 of the students in our public schools are Hispanic, In five years it will be 60%. In the year 2021, 60 % of our work force will be of Hispanic heritage. The BCC may have either one or two Hispanic members. Here are so many issues of concerns and matters of interest to the Hispanic Community- Education, Housing, Jobs and Medical needs. How this segment of the community is being served by County Government? Just as important how does the Hispanic communitv interact with Countv Government?? How does the County government interacts with its community leaders- Some concerns have lingered for several years and we have brought them to closure. Others concerns have recently been addressed In Education Hiring A growing population and diversification of interest has made it increasingly difficult for the Five County 1611 . Commissioner to stay as personally aware of the important concerns in all the communities as was possible in the past. I also understand the difficulty in reading and acting upon the communications from twenty- five (25) Advisory Boards each month. I would like to institute an Executive Summary made by the Chairperson HAAB or his/her representative to the BCC at each regularly scheduled BCC meeting as time permits. This summary would indicate the present focus of HAAB and its future goals. I would like to invite a commissioner or their representative to each HAAB meeting to show the interest of County Govt. in the Hispanic community. I would like to invite a member of the Sherriff's Department to attend our monthly meetings. To reestablish a much needed connection. I would like to read (Excerpt from Dr. Van Fleets Response to Daily News Editorial.) 1611 1 . n Hispanic have arrived here by many paths, but most often they come from modest backgrounds with all of the handicaps one might expect to find among people from politically, economically and socially immature societies. Hard working and undemanding and family- oriented as the majority are-values a credit to any society--- virtually all are here to say. Consequently, there is a vested interest in our community at large to ensure that they are able to thoroughly integrated into Collier's mainstream through their efforts and our societal structure and that there children become integral- and in time eaual in everv sense... " Dr J. Van Fleet To better, inform the BCC of concerns and matters of interest of the Hispanic community and to inform the Hispanic Community we the Hispanic Affairs Advisory Board respectfully request that the BCC - Clearlv define Sec. 2-932 powers and duties of the HAAB. Further to define the parameters and the intent of the words #1, Functions of the Board #2 Powers and Duties 1 h 11 . #3 to redefine ---Matters of Interest and Concern to the Community as defined previously since 2001 By the HAAB Staff Liaison Ramiro Manalich Chief Assistant and Michael W. Pettit both chief assistant to the County Attorney as they may concern other agencies within "County Government" In addition, to add to section 4 "an other minority groups. I respectfully add these last items: 1.) That the HAAB has acted within the intent of ordinance as defined by two staff liaison attorneys. Only after their review and guidance. These decisions have been attacked by other county officials as acting outside of our enabling authority. 2.) That in regards to the letter sent to the Justice Department which was voted on by the HAAB board and reviewed by staff liaison this issue raised some substantial questions of interest and concern in the Hispanic Community and to a large number of Hispanic publications in Collier and surrounding areas that reach a good per centage og the Hispanic population. The HAAB sent this letter not to benefit one person,s cause but to provide information to Hispanic community to answer 1611 . their concerns and to satisfy their interests and not on behalf of Mr Valdes as an individual. To close, I would respectfully ask the BCC to hold to the provisions of Sec. 2-934 and review the work and direction of the HAAB at the end of 2006. Thank you for your patience: 1611 . MISSION STATEMENT PROPOSED HAAB GOALS Develop new and enhanced existing programs that promote the further integration of the Hispanic population into mainstream of social, economic and political life of Collier County. 1. PRIMARY FOCUS Enhance Educational Programs to Close the Education GAP Enhance programs within the Collier County educational system that will ensure learning opportunities for all Hispanics both first and second generation. , particularly those activities emphasizing completion of high school focusing on academic achievement, then vocational and financial access to college, and professional development. la. Concurrently, a major goal of the HAAB is to develop or enhance programming that addresses the population that does not speak English sufficiently well for community integration, and to promote learning opportunities for those, particularly adults, whose life experiences have not provided for such academic opportunity lb. Develop close linkages with public and private sector entities that promote the issues cited supra and particularly those that provide funding for their realization HIRING 2 This goal includes the development of Hispanic hiring programs for public sector entities. lB. This goal entails the development of programs that foster rapid promotion and/or progression through the ranks within agencies, so that by 2010 Hispanic representation within them will mirror the Hispanic share of the county at large. HOUSING Develop programs within the County that address housing issues; to wit, its lack of affordability for the majority of 16' 1 . persons with incomes of less than $46,000. Per annum a matter impacting heavily on the Hispanic population lb. Work with public and private entities to develop approaches to housing issues that focus on low and medium cost shelter solutions, in all parts of the County 2. Develop programs that increase the visibility of the Hispanic population, highlighting their special interests and concerns, and especially those that further integrate them into the greater Collier County community through public and private programming. 2a. Assist and/or support those organizations that focus on Hispanic social and economic concerns, such as the Hispanic Chamber of Commerce and Hispanic -related social clubs, amongst others. Work within organizations within the community that address issues of concern to the Hispanic community, consistent with the position and spirit of the Collier County Board of Commissioners. 16 r 1 . Collier County Government Communication & Contact: Sandra Arnold-Lawson Customer Relations Department Public Information Coordinator 3301 E. Tamiami Trail (239) 774-8308 Naples, FL 34112 Nov. 3, 2005 FOR IMMEDIATE RELEASE NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, NOVEMBER 10, 2005, 6 P.M. Collier County Government Center Administration Building, Building F, Third Floor 3301 E. Tamiami Trail Naples, FL 34112 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Colleen Greene at (239) 774-8400 or Lillian Amador at (239) 774-8924. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 E, Tamiami Trail, Naples, FL 34112. (239) 774.8380, "'''' Public comments will be limited to five minutes unless permission for additional time is granted by the chainnan. "'''' Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. '" "''''''''''''''''''' '" "'''''''''''''* '" '" "''''''''''''' '" "''''''''''''''''''' "''''''''''''''''''''''''''''''' '" "'''''''''''''*''' "'''' "'''' '" '" AGENDA L 6 P.M. meeting called to order IL Approval of agenda III. Adoption of minutes from Oct. 13,2005 meeting (with discussion of any amendments) IV. New business V. Public comments VI. Board Member comments VII. Meeting adjourns -End- 04-COA-O 1136/269 16' 1 ~ . COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) Minutes of November 10, 2005 Meeting HELD AT COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, TIDRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA Present: Absent: Raymond Cabral Manuel Gonzalez Ernesto Labrador Anna 1. Rodriguez David Correa Maria C. Herrera-Rodriguez Renato Fernandez James A. Van Fleet Cosme Perez - Present @ 6:22 PM Also Present: Ms. Colleen Greene, Assistant County Attorney Mr. Victor Valdes Ms. Silvia Casabianca, Tiempos del Sol Mr. Johnny Restrepo, Paisiano Times The November 10, 2005 Meeting of the Hispanic Affairs Advisory Board (HAAB) was convened at 6:19 p.m. Mr. Emesto Labrador called meeting into order. Ibis meeting is Informational only as there is not a quorum. Human Trafficking - Mr. Gonzalez announced that the Guatemala consulate is meeting with Anna Rodriguez at the Department of Human Resources in Lee County on Monday, November 14, 2005 Present at 6:22 PM - Cosme Perez Mr. Gonzalez presented a handout (attached). It is a working format. It is a vehicle to relay information to Comrnissioners. Mr. Labrador is to send emails to all members encouraging all members to attend and to be punctual. Mr. Labrador suggested sending email, notices and request confirmation of receipt. Mr. Labrador expressed to Cosme Perez how well workshop went. At 6:40 p.m., Mr. Labrador moved that the meeting be adjourned. 161 , -""l~ . Copies of the November 2005 agenda and the referenced documents presented by Ito HAAB at the meeting are attached. Prepared by Odalys Valdes. D Approved6 by the Hispanic ('C-C'/Y) C,-- ,2005. Affairs Adri'r3?;{ HAAB Chairman Attachments: November 10,2005 Agenda Mr. Gonzalez - hand-out (Issue Alert) 04.COA.DI136/274 \b " Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Dec. 2, 200S FOR IMMEDIATE RELEASE NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, DECEMBER IS, 200S, 6 P.M. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL 34116 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. .. For more information, please contact Colleen Greene at (239) 774-8400 or Lillian Amador at (239) 774- 8924. .. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380. .. Public comments will be limited to five minutes unless permission for additional time is granted by the Chairman. .. Collier County Ordinance No. 2004-05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AGENDA I. 6 P.M. meeting called to order II. Approval of agenda III. Adoption of minutes from Nov. 10,2005 (with discussion of any amendments) IV. New Business I. Meeting attendance 2. HAABIBCC Workshop 3. Discuss items to research V. Public comments VI. Board member comments VII. Meeting adjourns -End- 16 r 1 . COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) Minutes of December 15, 2005 Meeting HELD AT GOLDEN GATE COMMUNITY CENTER 4701 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34116 Present: Also Present: Raymond Cabral David Correa Manuel Gonzalez Ernesto Labrador Cosme Perez James A. Van Fleet Renato Fernandez Michael Pettit, Chief Assistant County Attorney Lillian Amador, Staff Liaison Mr. Victor Valdes Absent: Anna L Rodriguez (excused - attending Human Trafficking Conference in Boston, MA per 12/2/05 e-mail) Maria C. Herrera-Rodriguez (unexcused) The HAAB Meeting was called to order at 6:12 p.m. Mr. Labrador made a motion to approve the agenda (copy attached) and Mr. Cabral seconded it. The motion passed 7-0. Mr. Labrador moved to approve the October 13, 2005 minutes (copy attached) and Mr. Cabral seconded it. The motion passed 7-0. Mr. Labrador moved to approve the November 7, 2005 workshop minutes (copy attached) and Mr. Perez seconded it. There was an amendment to those minutes indicating that comments at page 6 were made by Manuel Gonzalez and not Raymond Cabral. Motion passed 7-0 with the amendment. Mr. Labrador moved to approve the November 10, 2005 minutes (copy attached) and Mr. Perez seconded it. The motion passed 7-0. Mr. Labrador discussed the BCC/HAAB workshop. General comments by HAAB members were that the workshop was a positive event. Mr. Labrador next reported that he attended a school diversity committee meeting and that the committee has adopted at least one of Dr. Van Fleet's recommendations or reports concerning a teacher's academy. Mr. Labrador also reported that he had attended a meeting of the Sheriffs Minority Council and had approached the Sheriff regarding posting of literature in Spanish. The Sheriffs Office indicated it was waiting for additional funding. Mr. Labrador next turned to a proposed Mission Statement for 2006-2007 for the Hispanic Affairs Advisory Board. A copy of the draft proposed Mission Statement is attached. There was also discussion of a set of proposed goals for HAAB submitted by Dr. Van Fleet. A copy of those goals is attached. After much discussion, including discussion of the role of HAAB as a factfinding body from Michael Pettit, Chief Assistant County Attorney, in light of the BCC's direction that it vote in advance on HAAB's work plan, it was agreed that the Mission Statement would be modified by entitling it, "HAAB General Goals and Objectives for 2006-2007". In addition, in paragraph 2, the phrase "private sectors" would have a deletion of the letter "8", making it read "private sector") instead of "private sectors". In paragraph 3, the statement was changed to say, "Concurrently, a 1 16 '1 . major goal of the HAAB is to develop an enhanced programming that identifies problem areas which include: education, jobs, housing, agriculture and various wealth of issues." In addition, the final sentence of the original proposed paragraph 4 was deleted. Finally, in paragraph 6, the language was changed to read, "all activities and efforts to be recommended to and approved by the Collier County Board of Commissioners." Mr. Labrador moved that this Mission Statement be adopted and Mr. Gonzalez seconded it. The motion passed 6-1. Mr. Labrador next discussed submitting Dr. Van Fleet's June 7, 2005 report concerning the School Board to the Board of County Commissioners for review and possible direction. Mr. Labrador moved that the report be submitted without change and Mr. Correa seconded. The motion passed 6-1. HAAB members then inquired of Michael Pettit regarding the HAAB officer election cycle and Mr. Pettit promised that Colleen Greene would advise them of the election cycle for purposes of their January 2006 meeting. Mr. Pettit also notified the HAAB members of the 4-year HAAB review and presentation scheduled for the March 14, 2006 BCC meeting. Mr. Perez then presented a written motion (copy attached). The motion was read to HAAB and discussed. No second was forthcoming and Mr. Perez withdrew the motion and asked that it be submitted as a document for the record. After public comment from Mr. Victor Valdes in which he notified the HAAB of supportive actions by the National Association of Hispanic Journalists researclUng his request for further review by the Department of Justice of the Sheriffs Office and a proclamation from the City of Cape Coral naming October 20, 2005 as "Victor Valdes Day", the meeting was adjourned following motion and second at approximately 8:10 p.m. Approved by the Hispanic Affairs Advisory Board on this ,2006. day of HAAB Chairman Attachments: December 15, 2005 Agenda November 10, 2005 Meeting Minutes November 7, 2005 Workshop Minutes October 13, 2005 Meeting Minutes Proposed Mission Statement Proposed Goals submitted by Dr. Van Fleet Perez Motion 2 1611 . ~- ,f'~~\ '~ ,~,p~.\ f~""':.i:\ r,.,. .."....;;'""~ ~. 'c.'f.~k:-. '. 'f)" ", ".;.;E:i'~-. . "... " \' '\ ,I .Iq;i "'''~' .',.,....J 'I..... ,,' :/ "'" ",.~-,.. J .. Fiala / Halas ,_ V L Henning_ ~ Coyle .-------"r Coletts-_..._ -.-' COLLIER COUNTY January 6, 2005 Ms, Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: Please be advised that the public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, January 6, 2006 and will begin at 8:45 a.m. at the Collier County Community Development & Environmental Services Division, Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida: Please be advised that no meeting was held in December due to a lack of a quorum. I have attached the minutes from the November 16, 2005 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me. My phone number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net. " ' Smcerely". ,_) /~. C"'.' .j' ('l. -- I '- ,/ ,,' <-~/ Raymond(\!. Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Michael Pettit Melissa Zone Mise, Carres: Date", d (I Lf / [)~ Item# /bIr1 C (i()) llislorK l'r-cslTI-.1W)!\/RVl)/rb Cr-0ies to: "M~~_"""~~~______"'_ _._,._--~.,,___._____...__~_.__."____ \ ,7 " '1 4 " II I>F~ C A U U ~~~; l/ ..f~ t~f :7 ~q: . AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:45 AM, WEDNESDAY, .IANUARY 18,2006 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: 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 MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALLi ATTENDANCE: ~ ADDENDA TO THE AGENDA: 3. APPROV AL OF MINUTES: November 16, 2005 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: A. Review resume for Preservation Board vacancy 5. OLD BUSINESS: A. Nehrling's Tropical Garden Site - Historic Designation Update B. Advisory Board Four Year Review Process 6. NEW BUSINESS: A. PUDZ-05-AR-8126, Archaeological Survey & Assessment B. Archaeological Conservation Easements 7, DISCUSSION OF ADDENDA X. ADJOURN 1611 . November 16, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HISTORICAL! ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, November 16, 2005 LET IT BE REMEMBERED, that the Collier County Historical/Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 8:45 A.M. in REGULAR SESSION at the Collier County Development Services Division, Conference Room #609, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: John Thompson William Dempsey (Absent) Thomas Franchino Patricia Huff Ardavan Moaveni Elizabeth Perdichizzi Bill Tyson (Absent) ALSO PRESENT: Ray Bellows, Zoning Manager Jennifer Be1pedio, Assistant County Attorney 1611 . November 16, 2005 1. Roll CalIlAttendance: The meeting was called to order at 8:45 AM by Chairman John Thompson. Roll call was taken with Mr. Dempsey and Mr. Tyson absent. A quorum was established. 2. Addenda to the Agenda: Add under "New Business" a) Waiver of application-Faith Landing b) Survey and Assessment - Fisherman Cove c) Four year Review/presentation to BCC d) Farewell to Jennifer Belpedio Elizabeth Perdichizzi moved to approve the Agenda as amended. Second by Tom Franchino. Carried unanimously 5-0. 3. Approval of Minutes: September 21, 2005 ( There was no quorum for the meeting of October 19, 2005) Chairman John Thompson went over the minutes, mentioning the acceptance of the resignation of Adam Brooks and introducing the newly appointed member, Patricia Huff. Tom Franchino moved to approve the minutes of September 21, 2005. Second by Ardavan Moaveni. Carried unanimously 5-0. 4. Department of Zoning and land Development Review Report: A. Review Resume for Preservation Board Vacancy It was reported that Bill Tyson is moving. An advertisement to fill his position will be forthcoming. Ray Bellows answered questions about filling the position from those applications already on file. Procedure is that it has to be re-advertised; but those applicants on file may re-apply. Sue Filson will notify them of that fact. 5. Old Business: A. Goodland - Margood County Park - Amanda Townsend Amanda Townsend was not present to give report B. Nehrling's Tropical Garden Site -Recommendation for Historic Designation: County has purchased most of property. As owner, County can request historical designation; but, not until title actually passes. A private developer and the Conservancy also purchased parcels. Discussion revolved around: o Working on defining exact boundaries ofNehrling site, with metes and bounds clearly mapped, so not to impact zoo. o County institution of a lease with the zoo. Issues regarding lease and entry fees if gardens separate from zoo. Tom Franchino-Going rent for non-profits is $200K yr. Vital to have good lease agreement Ardavan Moaveni- Would not like to see zoo and gardens as separate entry fee. Sees issues of keeping funds separate, hours of operation, operating policies, etc. Ray Bellows- will continue process for declaring Historical Designation in January, after title to County is filed. Have Assistant County Attorney Mike Pettit prepare 2 1611 . November 16, 2005 an executive summary on historical designation issue for next meeting updating status. 6. New Business: A. Otter Mound Preserve Interpretive Trail Project: Conservation Collier requesting grant for trail paths and signage John Thompson had sent letter in support of granting request for project. Discussion followed. Elizabeth Perdichizzi moved to send letter approving grant request. Second by Patricia Huff. Carried unanimously 5-0. B. DP-05-AR-8378, Archaeological Survey and Assessment o Sanctuary Bay -additional development in area of probability. o Had prior survey done. o Asking for waiver of additional survey. Prior survey would have included this area. o There was brief discussion regarding wetland area. Tom Franchino moved to agree with the findings of the survey and accept the report with the Board's standard exceptions. Second by Elizabeth Perdichizzi. Carried unanimously 5-0. 7. Discussion of Addenda: a) Waiver -Faith Landing (Habitat for Humanity)- Immokalee RezoningIPUD 175 units. Asking for survey waiver. Much discussion ensued: o Project is in area of probability according to maps o Higher likelihood would need monitoring o Several lakes in area of concern o Wetland areas tend to be preserve areas, which also tend to be archeologically sensitive areas o No citing in report by Dept of State Historical Resources of archeological or historical findings on original project. o No information of findings provided regarding the added on portion of project Board did not support waiver Tom Franchino moved to deny waiver of survey. Second by Patricia Huff. Carried unanimously 5-0 b) Survey and Assessment -Fisherman Cove o Adding to the project. Maps show existing midden on project. o Project was subject to phase 11 testing -thorough archeological investigation o Report says significant site feature-some artifacts noted o Information on report discussed. Conservation easement discussed. 3 1611 . November 16, 2005 Tom Franchino moved to accept Carr & Beriault's report as written with a condition that property owner grant an archeological access easement over the site for future testing. Second by Elizabeth Perdichizzi. Carried unanimously 5-0. Further discussion regarding recommending to the Board of County Commissioners in adapting PUD document requirements to include conservation easement and/or restrictions, especially in any historical/archeological sensitive areas. c) Four Year Report: Status of Advisory Board Report. Ray Bellows will provide Chairman John Thompson with proper paperwork to go before BCC with his report. d) Farewell to Jennifer Be1pedio: Jennifer announced that her last day is December 12, 2005. Attorney Mike Pettit will be taking over her representation on HAPS Board. Chairman Thompson thanked her and Board wished her well in her new job. The next meeting was set for December 21, 2005 at 8:45 AM. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 9:45 AM. Historical! Archaeological Preservation Board John Thompson, Chairman 4 li '.. tI. 16'1 . . ' I J -:I.. ~"" IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Fiala J ./ Halas ,,/ ./ Henning V_ Coyle ~___. Coletta _~_L - . "'-.r" Summary of Minutes cl Motions November 16. 2005 III. Approval of Agenda It was moved and seconded to approYC the agenda as cunended. Camed unanimously 3-0. IV. Approval of Minutes It was moved and seconded to approve the miMes of September 21, 2005. Carried unanimously 3-0 V. Transportation Services Report B. Extending Boundaries A large map was shown with the present MSTU Boundaries with a lengthy discussion of the areas the Committee would like to see added. Lake Trafford, Arrowhead Development and the Little League Road were addressed. They will look at Sections 30, 31, 35 & 36. Staff will check with the Tax Appraiser's office for determination of benefits. 1 Misc. CorTes: Date: c:2./ I 1/00 Item# IbId C (14) Copies to: 1 , t~ ,', v '/J " IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Minutes November 16, 2005 L Meeting was called to order by Sharon Tims at 4:50 PM. II. ATIENDANCE: Members: Sharon Tims, Rita Avalos (Absent), Cherryle Thomas (Excused), Dorcas Howard, Bernardo Barnhart (4:50 PM) County: Darryl Richard-Project Manager, Tessie Sillery-MSTU Coordinator, Christina Perez-Code Enforcement Others: Mike McGee-McGee & Assoc" Robert Kindelan-CLM, Sue Chapin- Manpower Services ID. APPROVAL OF AGENDA Add: Under New Business - B. Sunshine Law Dorcas Howard moved to approve the Agenda as amended. Second by Bernardo Barnhart. Carried unanimously 3-0. IV. APPROVAL OF MINUTES: September 21, 2005 Dorcas Howard moved to approve the minutes of September 21, 2005. Second by Bernardo Barnhart. Carried unanimously 3-0. V. TRANSPORTA nON SERVICES REPORT: A. Budget - Tessie Sillery . The '04/'05 Fiscal Year Budget was distributed. (Attached) The ending balances were covered and explained. Carryover = $1,567,393 . The '05/'06 Fiscal Year Budget was distributed. (Attached) The beginning balances were covered. . Staffwill review the procedures or recommendations to follow for the " Available Line Item" amount of $66,944 for Engineering being in the negative. . Staff will ask why the Estimated Revenues for this fiscal year are less than the '04/'05 year. ($272,000 estimated for 2006 compared to collections of $297,130 for 2005) B. Expanding Boundaries - Darryl Richard A large map of the area was shown with the present MSTU boundaries being marked. They will need specific areas for the Tax Appraiser. A lengthy discussion followed on: 1 J Ill_l+ I I I I I ! fil+-l , ,I ~--: ' I ! 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Or---OOONOMOOO .,.....,.....,....N("')C"').,....NO>N .,.....,.....,.....,.....,....0'>0')0')0>0) ......cocc.,....cocococococ:o C"')C"')C"')C"')('I"')C"')C"')..q..q..q MOOC"')C"') NCXlCONN t--.oot---r-- NQ)O)NN co coco c.c co "1""""0')0>.,.....,.... 00 ~ ~ 00 0>0> ~ ~ 0>0> 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA January 6, 2005 CHIEF'S REPORT A. OPERATIONS REPORT D. BUDGET REPORT Fiala ~L Halas -----v-:- ..-- Henning_~._._ ___ Coyle .-J._ Coletta __ _.____ , J B. VOLUNTEER REPORT c. TRAINING REPORT OLD BUSINESS NEW BUSINESS No Meeting BOARD AND CITIZENS' OPEN DISCUSSION Mise, Corres: Date: ltem#: ;2/1'-1 Jora . . IIoI dL. (15) Copies to: 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA February 3, 2005 CHIEF'S REPORT A. OPERA nONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS No Meeting BOARD AND CITIZENS' OPEN DISCUSSION 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA March 3, 2005 CHIEF'S REPORT A. OPERA nONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS No Meeting BOARD AND CITIZENS' OPEN DISCUSSION ^.n._.__----'=.=..:.:..c~... 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA April 14, 2005 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS East Naples Merger Letter New Fire Eng. NEW BUSINESS New Board Member BOARD AND CITIZENS' OPEN DISCUSSION 16' 1. . CHIEF'S REPORT April 14, 2005 OPERATIONS REPORT Isles of Capri Fire I Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent avenU2:e resoonse time of3 to 4 minutes. From 8:00 am. to 8:00 a.m" a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire I Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County, This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire I Rescue Department welcomes citizens to stop by the station for free blood pressure checks, We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire I Rescue is now an Advanced Life Support Provider (partnership with EMS) {JiifD;stiiid{i!Oilt,;iiffDlstfidtIMiifithfvTotatl,.YTO{{1 5 1 o 1 1 1 0 0 0 4 30 0 0 Ambulance Calls 23 42 Vehicle Accidents 3 2 Medical Assists 0 0 0 1 0 0 2 1 o I I 34 o 99 o I 161 19 o 65 5 o I 1 o 2 o Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist 1 0 1 1 2 0 2 . 5 0 0 0 0 0 0 0 1 0 0 0 0 Public Assists Move-u Tech Rescue 3 I o o 22 o 3 22 o I 3 93 o I Total II. .... {'..........,).. 411{....., ..'...'.....,'....,.1., {,)C...l!ll. t.....((t...,,(. .....(...........4~ ..,.....,..t,..,........I.. ..,..............,..,.,.....~$j)...{{ttl Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 1611 · PlJ-d o/Cfi~ Cfiownty Cfi~ .. @ 3301 East Tamiami Trail- Naples, Fiorida 34112. 4977 ~."'" (239) 774.8097. Fax (239) 774.3602 ::;". Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 March 24, 2005 Mr. William Rafeldt 1308 Mainsail Drive, #911 Naples, FL 34114 Subject: Isle of Capri Fire Control District Advisory Committee Dear Mr. Rafeldt: While convened in regular session on March 22, 2005, the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your appointment will expire on December 31, 2005, or at such time as the Board re-appoints you or appoints your successor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. By law, however, the ultimate decisions rest with the Commission. At times, the Commission's decisions may not reflect the recommendation of the advisory group because many facts must be taken into consideration. By copy of this letter, we are requesting Chief Emilio Rodriguez to provide you with any additional information you will need as a member of this committee. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your wi}lingness to serve the residents of Collier County as a member of this advisory committee. Very truly yours, ~.~ Fred W. Coyle, Chainn~~ Commissioner, District 4 FWC:sf cc: Chief Emilio Rodriguez Isle of Capri Fire District 175 Capri Boulevard Naples, FL 34113 - 1611 e' ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA May 5, 2005 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS East Naples Merger Letter NEW BUSINESS New Fire Eng. Pies BOARD AND CITIZENS' OPEN DISCUSSION . 1611 . CHIEF'S REPORT May 5, 2005 OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of3 to 4 minutes. From 8:00 a.m, to 8:00 a,m" a minimum of at least four fully state certified Firefighters are assigned to the fire station, Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County, This means that a medical emergency on the water, be it a heart attack or traumatic inju!)', can be handled with the most advanced emergency care possible in the field, The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks, We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS) Ifri,;DlstfiailDii#6fiDlSmctli MofithtVTotaf liYtDil 0 2 I 2 I 7 0 0 0 1 3 1 4 4 1 14 I 15 I 114 0 0 0 0 Ambulance Calls 15 26 I 41 I 202 Vehicle Accidents 2 2 4 23 Medical Assists 1 0 1 1 0 0 I 0 I 2 0 0 0 0 Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist 0 0 0 1 2 0 2 7 0 0 0 0 0 0 0 1 0 0 0 0 o o 17 o 3 110 o Public Assists Move-u Tech Rescue o o 17 o I I !Total II." 24 ,,' I ",$;L' '.1.',.,.3$1>476 "I Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 16 r 1 RESERVE FIREFIGHTER TRAINING AND HOURS REPORT: GARNER, TIMOTHY TRAINING HOURS 2 IN-STATION HOURS: 23 GASTINEAU, BRUCE TRAINING HOURS: 14,5 IN-STATION HOURS: 72,5 ...~ . 16 r 1 . ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA June 9, 2005 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAlNING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS New Fire Eng. June 16,05 BOARD AND CITIZENS' OPEN DISCUSSION . 16/1 . CHIEF'S REPORT June 8, 2005 OPERATIONS REPORT Isles of Capri Fire / Rescue persOlmel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of3 to 4 minutes. From 8:00 a,m. to 8:00 a,m" a minimum of at least four fully state certified Firefighters are assigned to the fire station, Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes, "-UPDATES'" Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS) 14iii!l;)lstriiitiiIOil#6f~l;)lSi'iiciIM6fiffltvT6f.ilIWtDil 0 2 I 2 I 9 0 0 0 1 0 2 2 6 1 13 I 14 I 128 0 0 0 0 Ambulance Calls 15 24 I 39 I 241 Vehicle Accidents 3 0 3 26 Medical Assists 0 0 0 1 1 0 I 1 I 3 0 0 0 0 Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist 2 0 2 3 2 0 2 9 0 0 0 0 0 0 0 1 0 0 0 0 Public Assists Move-u Tech Rescue o I o o 21 o I o 21 o 3 131 o I Total Iii.,. :..."ii..ii~;k..:.: ::..,.....:...:...i..li. ....ii..).:.i!a :.)'.\..\..\..1 i)...),...)).1I6,'::; ..'::'..:....::.....1 .:..'.;..:.ii..!ii!~i))iil Note: In-District includes all Marine calls in District 01 (Collier Counly Waterways) ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA July 7, 2005 CHIEF'S REPORT A. OPERA nONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT 161'1 o . OLD BUSINESS NEW BUSINESS New Fire Eng. Investigative study into independent district BOARD AND CITIZENS' OPEN DISCUSSION .__.,~~"'.. '''..-....,-,.- _..,._,~.,~.._~, I~~ Jeff Page Chief EMS 16 ~ 1 COLLIER COUNTY BUREAU OF EMERGENCY SERVICES r 3301 East Tamiami Trail . Naples, Florida 34112 . 239-774-8000 . FAX 239-775-5008 June 28, 2005 Mr. Jim Louis, Chairman Isles of Capri Fire and Rescue District Advisory Board 175 Capri Boulevard Isles of Capri Naples, FL 34113 Dear Mr, Louis: Thank you for your letter of June 18th. regarding your investigative study for Isles of Capri becoming an independent district. Noted below is my guidance regarding your investigative efforts. I. Meetings at the fire station: . It is my personal preference that your investigative committee not meet at the fire station so as to maintain distance on this issue between the employees and discussion or speculation that may occur with your working group. 2. Chief Rodriguez's participation in the committee: . I will allow the Chief to entertain information to the committee on a factual report basis. I appreciate your understanding of the need to keep the Chief's opinions and preferences separate from your committee's discussion. I will expect the Chief to provide written summaries to me on specific items presented to your committee as well as copies of summary minutes as appropriate, 3, Expenses of the committee: . I would appreciate an estimated budgetary need for this effort. Expenses for this effort will have to be borne by the IDC Fire and Rescue District utilizing the County's Purchasing and Procurement policies. Since the District's preliminary budget has already been submitted for the upcoming fiscal year, I would respectfully request caution and communication regarding proposed expenditures. 4. Contacts for information: . We will do our best to answer your questions and concerns. I would request that you give uS some reasonable time to research your questions, since in many cases we will have to seek legal opinions from the County Attorney's office, It is my preference that you route your questions and concerns via Chief Rodriguez. I hope this guidance is helpful. If you have any questions or concerns, please don't hesitate to call. c27~~ Dan E, Summers 16' 1 . June 18, 2005 Dan Summers, CEM Director Emergency Management 3301 East Tamiami Trail Naples, FL 34112 Dear Dan: Concerning the new IOCFD Investigative Committee (into Independence) there are some aspects about which I would like to seek your guidance and/or your permission, and/or your counsel: I. May the committee hold meetings in the fire house? 2. May Chief Rodriguez meet with the committee to provide information (but no opinions)? 3. members? How may IOCFD repay legitimate expenses incurred by committee 4. May the committee approach you for information, insight and guidance? Please respond either directly to me or to Chief Rodriguez. Thanks for our help. Cordially yours, Jim Lduis MJL: rkl cc: E. Rodriguez 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA August 11, 2005 CHIEF'S REPORT A. OPERA nONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS Investigative study into Independent district NEW BUSINESS New Fire Eng. 2nd Engine BOARD AND CITIZENS' OPEN DISCUSSION . ,.:.' 16' 1 . CHIEF'S REPORT August 11, 2005 OPERATIONS REPORT Isles of Capri Fire I Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent avenu>;e response time of3 to 4 minutes, From 8:00 a.m, to 8:00 a.m., a minimum of at least four fully state certified Firefighters are assigned to the fire station, Additionally, the Isles of Capri Fire I Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County, This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field, The Isles of Capri Fire I Rescue Department welcomes citizens to stop by the station for free blood pressure checks, We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire I Rescue is now an Advanced Life Support Provider (partnership with EMS) lili#"istilct ..IO.Ut~6f,iDiSti1ctIill.MorittllvToffll it:): iiYTDiiii .:1 .MiidiiiiiW.it .,,,,,.---,,.,--"-- ",,,,-,",,,,,,,",,,,.,, .,.;.;.;.,.,.,.;.;.,.,.,.,.:.,.;..,:.,. ...-.............. .....,.,-"..";"",:,;,,,::,.-,., Ambulance Calls Vehicle Accidents Medical Assists Hiii;Mi!t@,t. :~,::::::,,::':;:";':"'::" Haz-Mat Calls Power Lines Down . Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist 0 0 0 3 1 0 1 11 0 0 0 0 0 0 0 1 0 0 0 0 o 16 o , 3 167 o o o 16 o , Public Assists Move-u Tech Rescue o I Total Il;i,.....,..,i:2$li..:.!'/U. .U~l!i,:t, :::'::'I:'.'[)::.: iU:l!1I:' ..,:.....,/(il :."@U.:1!1Pii ...:....., Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA September 1, 2005 cmEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS BOARD AND CrnZENS' OPEN DISCUSSION 1611 . CHIEF'S REPORT September 1, 2005 OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent averal!e resoonse time of3 to 4 minutes. From 8:00 a.m. to 8:00 a.m., a minimum of at least four fully state certified Firefighters are assigned to the rife station. Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo rlre prevention inspections, along with CPR classes. "'UPDA TES'" Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS) Call Tune 1n-D1sttict Out-of-Dlstrlct . MonthIv Total I Y1D Fires: Structure 0 0 I 0 I 9 Vehicle 1 0 1 1 Brush 0 0 0 7 A1anns: Fire Alanns 4 8 1 12 I 160 Medical Alanns 0 0 0 0 Medical: Ambulance Calls 7 14 I 21 I 311 Vehicle Accidents 2 1 3 29 Medical Assists 0 0 0 1 Haz-Mat: Haz-Mat Calls 0 0 I 0 1 3 Power Lines Down 0 0 0 0 Marine: Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist 1 0 1 4 2 0 2 13 0 0 0 0 0 0 0 1 0 0 0 0 Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA October 6, 2005 CIDEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS Board Member Vacancies BOARD AND CITIZENS' OPEN DISCUSSION . 1611 I . CHIEF'S REPORT October 6, 2005 OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average resDonse time of3 to 4 minutes. From 8:00 a.m. to 8:00 a.m" a minimum of at least four fully state certified Firefighters are assigned to the fire station. Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks, We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire / Rescue is now an Advanced Life Support Provider (partnership with EMS) Call Tvne F,jijllit: :;i::::'i:;.;.;.;.:...:........... ::::::::::::::~::::::::: :.:.:.:.:.:.:,,;.;.:...;..:..... Structure Vehicle Brush AliiriiliWlt ..'...........'..,.........,..'....,...........,....-,. ..............,.............. .;.;.,.,.:.;.,.:.:.,.:.:.;.,.,.:.,.:.;.:.:.:.;...... ..""....-"..... ,...........,..w,.......,......... Fire Alarms Medical Alarms MedlCiliIH ." " ., .....z...... .................... :;:::::;:,:::::,::::::::m::::,:::::::::;' ." Ambulance Calls Vehicle Accidents Medical Assists :Hi!JMiftWtt ::;;:;:;;;:;:;::;;:~::::;;;;).{;:;.;::::: Haz-Mat Calls Power Lines Down :Mirini~tr: .,.......,........,..... ...,..,.......,.,..,..,............-. ..,.... ........, ...... .,........,...,.,........,.........,. .............,.....,...... Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist Public Assists Move-u Tech Rescue IiI 1iiWl$ttla :liDUf4mDiiltiij#,:l;:MdhtlllvTdtM&lliWVYrDti:l I .... 0 0 I 0 I 9 0 0 0 1 0 0 0 7 1 5 I 6 I 175 0 0 0 0 12 11 I 23 I 365 3 0 3 29 0 0 0 1 0 0 I 0 I 3 0 0 0 0 0 0 I 0 I 3 1 0 1 12 0 0 0 0 0 0 0 1 0 0 0 0 0 0 I 0 I 3 8 8 188 0 0 0 0 1I'.'..I:IIIl1':n'lliNlfmnmiliill4JniiI?':I.lil4J1iiiiillrniiii?l$.1':linl I Total Note: In-District includes all Marine calls in District 01 (Collier County Waterways) 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA November 3, 2005 CHIEF'S REPORT A. OPERA nONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS Vote in new Board Member No Meeting BOARD AND CITIZENS' OPEN DISCUSSION 1611 . ISLES OF CAPRI FIRE I RESCUE ADVISORY BOARD AGENDA December 1, 2005 CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS NEW BUSINESS Vote in new Board Member BOARD AND CITIZENS' OPEN DISCUSSION 1611 . CHIEF'S REPORT December 1,2005 OPERATIONS REPORT Isles of Capri Fire I Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of 3 to 4 minutes, From 8:00 a.m, to 8:00 a,m" a minimum of at least four fully state certified Firefighters are assigned to the fire station, Additionally, the Isles of Capri Fire I Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County, This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire I Rescue Department welcomes citizens to stop by the station for free blood pressure checks, We also provide home and condo fire prevention inspections, along with CPR classes. "'UPDATES'" Isles of Capri Fire I Rescue is now an Advanced Life Support Provider (partnership with EMS) Call T e Ambulance Calls Vehicle Accidents Medical Assists Haz-Mat Calls Power lines Down Boat Fire EMS via water Dive Rescue Search & Rescue Marine Assist Public Assists Move-u Tech Rescue I Total Ilit!!bistfiiitilt)iit~fj("blstiiii'tIMfjniillii}t6ffljtl""YttiIII 0 0 0 9 0 0 0 1 0 0 0 7 4 41 I 45 I 252 0 0 0 0 10 20 I 30 I 417 1 0 1 32 0 0 0 1 3 1 4 7 0 0 0 0 0 0 0 3 0 0 0 12 0 0 0 0 0 0 0 1 0 0 0 0 o I 3 228 o I o 20 o o 20 o o II ' " ,18, "I .'" .', ,821. '100' I ' . :,.. 973 ,.1 Note: In-District includes all Marine calls in District 01 (Collier County Waterways) [I :~i>..l] 16' 1 . M'EMORANDUM DATE: October 24, 2005 TO: Chief Emilio Rodriguc:z FROM: Sue Filson, ExccutM: ~ Board of County Co....m...nn1llllS RE: Isle of Capri Fire Control ffiJtrict Advisoty Q,~ As you bow, we c:uamtly hIM: V'tCencies on the above-l(;iU.dlCd Idvisory onmmittee. A press -'--- '---' .. . . estcd'''-';'''' this . submit c_-",_ ~ was JlIlIUOlU req1--. ".1I~.~ iIItcr m _ ....'IS on ..._.n..~I~ to an app..........n fur considendion. I hIM: at~ the applicatiollS ~ fur your review as fi>IIows: Kirk P. Colvin 163 San Salv1Idor Street Naples, FL 34113 Please let me bow, in writing, the reco.._.~"'!"'inu tOr lIppO:..I......., of the advisory commilt'l'e within the 41 day timo-hme, llDd I will JlieplUe an executM: ."mlllll")' fur the Board's com;oo..o../L Please iN-1I* in your return memo the lIIt....ru.n.... reconls of the ~ to be I~inted. P.... cateprtze tile applcaaa .. ana .1 espertiIe. If you hIM: any questions, please call me at 774-8097. Thank you fur yom att-tioo to this DIIlter. SF A~h.....,..I,. 18/87/2885 12:46 ~- I '- . . . 3949889 CAPRI REALTY PAGE 82 1611 . Board of Co_ty Commissioners 3301 Eat Temi_ Trail N..... PL34111 . (941) 774-8897 Pu: (941) 774-3601 Application for Advisory CommitteesJBoards N....:~e\L ? &::>L'>JnJ Ho......._:~O\S7 Ho...Adclrell: \~~ Q,fo...u ~~t..,,~bo~ ~ ZIpCode: 34 \ \ ~ "F11lr.No. B............: 2~q-C."'\2-o\ S"l...Deddreu: ~\e.\(. ~ tJ \ w~11 ot-l....C!.oI Bam-: c::s\..)~~~w~ '1 (l Board erC_lttee Applied for: Islet of c..n.p~: j:;,t. Bc'lC!-".l ea.....ry (ifappllCllb1e): Q.nP"n..JM?.E:.....:P~. ~pIIIt c.- . . . DIIIrIct,.........,...a.--- 1 .. . lay........ dt. / No Are:ro. . rePtered .... Ie CoBler COMly: Yes ~ No Do :roe w.-.-d) Ioold p.bIIe ollke, Yeo If..._Io--' De,... _ _.. _,... _......-. ~ c..,. boo..... If_"-"" ..,-..- .'J-4.'Y. Ne / PIeue I/et ~111' co.....wa,. ....11'."" (clYlc..... .....borllood __tIo... ete. .1IIl poeitio.. 1IeJd: ~ t..IHII.~"...I \<L~ o~ {>II:U..' (' lure.. It'''!i;Oe. Ed...tIo.: f' OI..Locr~ 11U,'I. 1 o~ "\be .Ld\,.... E.~.ns~l~ ~5p~~~~ O~SUI~ - ~ ,......... . - ...... .. ,..1W,....,. J'Ur w........ -..Ill_I- --~..... ,..".., . ...".....,,. * ~"CM#IIOt': .. 'UfI..,......,~".".,ft.UIU..I/,........,....f*:&,.... - -- R,.(HI)174-JIG., ....... .. ...... __ ",..,../i1r. A. .................c.Arc...cr. -rr 1611 December 12, 2005 . TRANSCRIPT OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, December 12,2005 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Bill Poteet Michael Delate Marco Espinar Ellin Goetz Wayne Jenkins-Absent Will Kriz Brent Moore Tony Pires-Absent Mimi Wolok / Fiala "-.// -. / Halas .~./ -. ~enning_ Coyle Coletta. ,.::--- ------- ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Cindy Erb, Senior Property Acquisition Specialist Michael Pettit, Chief Assistant County Attorney Christal Segura, Environmental Specialist Misc. Corres: Date r1J /4 JDb Item #/ h'I ,; C ( Ib, ) 1 Copies to: 1 <<~1 U ..': Decem'1fer 12,1005 I. Roll Call The meeting was called to order by Chairman Bill Poteet at 9:00 AM. Roll call was taken and a quorum established. II. Approval of Agenda Ms. Sulecki noted that item "V-E-a" under Old Business, Contracts/Agreements, Collier Development Corporation (tentative)will not be addressed today. Mr. Poteet recommended the minutes of October 10, 2005 be approved as amended. Carried unanimously 6-0. III. Approval of November 14,2005 Minutes Mimi Wolok recommended the following corrections: . On Page 2, Section III, delete "upon the closing of' . On Page 3, change Mr. Erb and Mr. Wolok to Ms. Erb and Ms. Wolok. . On Page 5, change "having a variance" to "applying for a variance . On Page 7, change "Outer mound" to "Otter Mound." . Mr. Espinar moved to approve the minutes of November 14, 2005. Second by Mr. Moore. Carried unanimously 6-0. IV. Attendance Ms. Sulecki asked that the committee Chair further clarify "unexcused" vs. "excused" absence. Mr. Kriz suggested that legitimate reasons include medical or health, work, or planned vacation. Ms. Wolok Suggested that "emergency" be added to that list. Chairman Poteet will make the determination at the next meeting and will notify the Committee members. V. Old Business A. Real Estate Services Update on Status of A-list Properties Ms. Erb offered the following updates: . Golden Gate Unit 53 aka Red Maple Swamp Preserve An offer for two contiguous parcels totaling 10.26 acres has been accepted. The agreement will be presented for the Committee's approval and recommendation to the Board of Collier County. If approved, the item will be scheduled for the January 10,2005 BCC 2 1611 . December 12, 2005 meeting and we hope to close in February or March. Last month an offer was made for a 5.7 acre parcel but they have not responded. . New applications were received for the: o Sunshine Trust LLC, 4.4 acres o Snay parcel, 4.24 acres o Gonzalez parcel, 1.14 acres Appraisals are expected in the next week or two and offers will be made. . Winchester Head The closing on the Lockwood Trust parcel is scheduled for December 16, 2005. . North Fleischmann and Talon Land Group parcels o Still waiting for determination of what land will available. oMs. Sulecki described the status of the water park design plans and permits on the Fleischmann parcel. An Upland- Wetland survey with the Transportation Department is anticipated in the spring of 2006. . The School Board Unit 24 parcel closed on December 9,2005. . Collier Development Corporation (tentative) The agreement will be presented at the next meeting. Ms. Goetz arrived at 9: 14. B. Real Estate Service Update on Winchester Head Property Values Roosevelt Leonard, Real Estate Appraiser: Mr. Leonard described a Unit 53 property value increase of approx 63 % since the beginning of this year. Adjacent unit costs are up 82%. For units inside the core, the number of listings rose from 16 to 42. There were 3 recent sales in the area. Overall the market is up. The market has increased more in the core areas where Conservation Collier is not currently buying. Ms. Sulecki noted that there is Department of Environmental Protection permit activity in the Unit 65 Winchester Head area, perhaps to lower the property value for tax purposes. Chairman Poteet inquired whether anything has changed that would preclude them from going ahead with the purchase of the property in that area. Mr. Delate moved that the Committee resume making purchases in Winchester Head. Second by Ms. Wolok. Carried unanimously 7-0. C. Fleischmann/Caribbean Gardens Property Update . Ms. Sulecki stated that the County has agreed to purchase a number of the Fleischmann properties, parcels 1, 2, 3, and 10. The 3 Dece!J~2' tl . closing with the Trust for Public Lands will occur on December 19,2005. Conservation Collier will likely be offered parcel 2, which consists of 68 acres on the east side of the Gordon River. Staff will be asking for formal direction to pursue parcel 2 at the Board meeting on January 10, 2005 and will request a ranking by this Committee at the February meeting. A handout describing the land cover and soils, water resources and species richness of parcel 2 and surrounding lands was discussed in detail. The estimated market value is $4.7 million. The Screening Criteria Score for this parcel was described as 225/400. Mr. Delate stated that he has a conflict with the property. He will complete a required form and not participate in afuture vote. (Put in italics so this will get attention) . Ms. Goetz ex pressed the need for access and the need for bike paths and sidewalks. . Chuck Carrington, Manager Real Estate Services stated that the language in the easement with the developer will allow public use and will require a sidewalk. He stressed the importance of the easement and the need to collaborate with the developer. . Brad Cornell, Collier County Audubon Society and Audubon Florida asked if any of the properties were going to be used for storm water management. . Ms. Sulecki replied that she has spoken with Big Cypress Basin staff, money to buy the land under the ponds is not available, and there was no current news. . Ms. Sulecki reviewed a chart which described how Conservation Collier has spent money, so far. There is just under $ 12 M of the $75M uncommitted. In this cycle, they are looking at $14.7M, including the Fleischmann parcel. D. Update on School Board Section 24 parcel . Ms. Sulecki stated that the parcel closed on December 9,2005. E. Contracts/Agreements a. Collier Development Corporation (tentative) Discussion of this item was removed from the agenda for today. b. Graham-Unit 53 Ms. Sulecki stated that the property and associated costs for Graham- Unit 53 Red Maple Swamp Preserve are about $373,500 or approximately $37,000 per acre. This brings the total funds spent to date in the Conservation Collier Program, including this parcel, to $34,529,633. Ms. Wolok moved to approve the Graham-Unit 53 contract. Second by Mr. Delate. Carried unanimously 7-0. 4 1611 December 12, 2005 . Break: 10:05-10:13 VI. New Business: A. 3rd Cycle Property Ranking noted Ms. Sulecki identified the handouts, including the property list with corrections and the ranking notes sheet, stating that the ranking notes sheet would be collected as public records. Notice was made of copies of letters from the Wilshire Lakes Master Association and from residents of Wilshire Lakes relating to the Haaga and Longner properties and a list of property recommendations from the Audubon Society Ms. Sulecki inquired about member conflicts with any of the properties. There were none. Ms. Sulecki reviewed the ranking procedure. Following a geographical description of the property by Ms. Sulecki and discussion by Committee members, the following motions took place: . Abercia Mr. Kriz moved to place the Abercia property on the "B" list. Second by Mr. Delate. Carried unanimously 7-0. . Anderson Mr. Delate moved to place the Anderson property on the "C" list. Second by Mr. Espinar. Carried unanimously 7-0. . Blake - 4.77 acres This parcel was first nominated by Mr. Kriz to be placed on the "C" list, with a second by Mr. Espinar. The nomination was defeated in a 4-3 vote. Ms. Wolok next moved to place the Blake property on the "B" list. Second by Ms. Goetz. Carried 4-3 (Mr. Delate, Mr. Espinar, Mr. Kriz.) . Brochu Mr. Delate moved to place the Brochu property on the "A" list. Second by Mr. Kriz. Carried 6-1 (Ms. Goetz.) . Campbell Brad Cornell, Collier County Audubon Society spoke against the recommendation of the Board of Collier County to not buy properties with Transfer Development Rights (TDRs) on them. He also spoke to the importance of the Campbell property because of its location and potential for restoration. 5 Dec!b9)2l . Bill Lorenz, Environmental Services Director, expressed the need for clarifying the County's policy for purchasing properties with TDRs attached, because right now there is no ordinance requirement to exclude properties with TDRs. He stated that he felt that it would be best to develop a more formal policy on purchasing properties with TDRs to present to the Board of County Commissioners for consideration. Mr. Kriz moved to place the Campbell property on the "B" list, pending the severance of the TDRs. Second by Chairman. Poteet. Carried 6-1 (Mr. Espinar.) . Camp Keais Strand Brad Cornell, Collier County Audubon Society suggested that if the private entity deal, which involves stripping the stewardship credits, does not work out, he felt that they should be placed on the "A" list because of their wetlands and panther habitat value. Mr. Moore moved to place the Camp Keais Strand parcels on the "B" list. Second by Mr. Kriz. Carried 6:1 (Ms. Wolok.) . Haaga Ms. Sulecki stated that the adjacent Longer parcel has a contract on it. Mr. Kriz moved to place the Haaga property on the "C" list. Second by Ms. Goetz. Carried unanimously 7:0. . Longer Ms. Sulecki stated that this property is under contract. Mr. Kriz moved to place the Longer property on the "C" list. Second by Ms. Goetz. Carried unanimously 7:0. . Milano Ms. Sulecki discussed the issues of access, parking, the berm, and appraisal value, also advising that the Mirasol flow way that was previously discussed in conjunction with this property had been turned down for a U.S. Army Corps permit. She asked Brad Cornell, who has been following the Mirasol project closely to comment on how this might impact a purchase of the Milano property. Brad Cornell, Collier County Audubon Society, described the Big Cypress Basin interest in the Mirasol property for storm water management and Cocohatchee Slough flow-way and advised that absent the flow way project, outflow points for overland water flows were desired along the Immokalee Road canal. This parcel could function in that capacity. Shana Helsel, realtor with Downing Fry Realty, representing the Milano family, urged the Committee to approve this property 6 16'1 December 12,2005 . and stressed that the location next to two schools and conservation value of the property. Ms. Wolok moved to place the Milano property on the "A" list. Second by Mr. Kriz. Denied 2:5 (Chairman Poteet, Mr. Delate, Mr. Espinar, Ms. Goetz, Mr. Moore.) Mr. Espinar moved to place the Milano property on the "B" list. Second by Mr. Delate. Carried unanimously 7:0. Brad Cornell, Collier County Audubon Society, stressed the importance of protecting this watershed, and urged the committee to reconsider their vote. The Committee further discussed the preservation and educational value, access issues, and presence of exotics. Shana Helsel, realtor with Downing Fry Realty, representing the Milano family, explained that the Milano family was not interested in dividing the property and that the appraisal value would change if access were gained in cooperation with a private commercial property owner. She also made it clear that the pristine wetlands are in the northern section of the property and are not affected by the access issue. Ms. Goetz moved that the Committee reconsider the earlier vote and place the Milano property on the "A" list. Second by Ms. Wolok. Carried 4 yes:3 no (Mr. Debate, Mr. Espinar, Chairman Poteet.) . Narsiff-l Mr. Delate moved to place the Narsiff-l property on the "C" list. Second by Ms. Goetz. Carried unanimously 7:0. . Narsiff-2 . Ms. Sulecki mentioned that the utilities department has interest in wells for this site. Mr. Espinar moved to place the Narsiff-2 property on the "B" list. Second by Mr. Kriz. Tie 3:3. (Chairman Poteet did not vote on this property, citing a potential conflict, as he has a property listing in his real estate business for an adjacent property.) Mr. Kriz moved to place the Narsiff-2 property on the "B" list. Second by Ms. Wolok. Carried 4:2 (Mr. Delate, Mr. Espinar.). . Peters (Easement) Ms. Wolok moved to place the Peters (Easement) property on the "A" list. Second by Mr. Moore. Carried 4:3 (Mr. Delate, Mr. Espinar, Mr. Kriz.) . Schutt Ms. Wolok moved to place the Schutt property on the "A" list. Second by Mr. Kriz. Carried unanimously 7:0. 7 Decembe~2~00( 1 . . Mr. Kriz moved to consider the Snow and Wojtys properties together. Second by Mr. Espinar. Carried unanimously 7:0. . Snow; Wojtys, Randall; Wojtys, Richard Ms. Delate moved to place the Snow and Wojtys properties on the "C" list. Second by Mr. Espinar. Carried unanimously 7:0. . TIG Corporation Mr. Delate moved to place the TIG Corporation property on the "C" list. Second by Mr. Moore. Carried 6:1 (Mr. Espinar.) Mr. Kriz moved to approve the list. Second by Ms. Goetz. Carried 4:2 (Mr. Delate, Mr. Espinar.) Chairman Poteet did not vote because of the earlier stated potential conflict. Mr. Kriz moved to make all the "A" list properties (Brochu, Milano, Peters and Schutt) 1st Priority. Second by Ms. Goetz. Carried unanimously 7:0. Ms. Sulecki noted that the value of this "A" list properties is approximately $6,285,000. B. Review and Approval of Interim Management Plans Ms. Sulecki reviewed the current status of these plans. a. Malt Property Ms. Wolok asked that "initial hydrological investigation" in section 2.0 be deleted from the wording of the plan. Ms. Goetz moved to approve the Malt Property interim management plan. Second by Mr. Moore. Carried unanimously 6:0 (Mr. Delate was absent for this vote.) b. Watkins/Jones Property Mr. Espinar moved to approve the Watkins/Jones Property interim management plan. Second by Mr. Delate. Carried unanimously 7:0. C. Outstanding Advisory Committee Member Program Ms. Sulecki announced that there were no nominees and no news. D. Advisory Committee Terms Expiring 8 1611 . December 12,2005 Ms. Sulecki announced that there were 3 terms expiring. She thanked Ms. Goetz, Mr. Kriz, and Mr. Jenkins for their service. There are 4 applicants. Ms. Sulecki will bring them to the January meeting. E. Coordinator General Report . Ms. Sulecki attended the Partners Land Acquisition and Management Conference in November. Discussion of sky- rocketing land cost was the main topic at the meeting. The recommendation was "Buy now-Manage later." . Ms. Sulecki explained that the Conservation Collier brochure changes were made and the copies should be ready soon. There were 300 ordered and more can be ordered. Ms. Sulecki will get them to the Committee members. . Ms. Sulecki will attend a City Council Workshop scheduled for December 19,2005. Ms. Sulecki will present the 4.39-acre Collier Development Corporation parcel to see if they are interested in buying it. . Ms. Sulecki introduced Mike Pettit. Mr. Pettit stated that he will bring the referendum language developed by the Conservation Collier Committee back for a formal recommendation to the Board of County Commissioners. . Ms. Sulecki showed photos of the progress in installing the wheelchair accessible trail, benches and picnic table at the Cocohatchee Creek Preserve. VI. Subcommittee Meeting Reports A. Outreach - Ellin Goetz, Chair No report B. Lands Evaluation and Management - Marco Espinar, Chair There will be a meeting at the conclusion of this meeting. C. Ordinance Policy and Procedures - Will Kriz, Chair Mr. Kriz reported considerable progress. D. 2006 Referendum - Mimi Wolok, Chair Ms. Wolok spoke with Dan Sorenson of Conservation of SW Florida about preliminary contacts and names. VII. Committee Member Comments None VIII. Public General Comments None 9 Dece!be~)201 · IX. Staff Comments None There being no further business for the good of the County of Collier the meeting was adjourned at 12:05 PM. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Chairman Bill Poteet 10 1611 . FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME 0-\; ., \ ,-A 11 0'0...6<; I-l-f\-C G- l..J '-" /l COUNTY COIl,Q ( o OTHER LOCAL AGENCY DATE ON W ICH VOTE OCCURRED \.::>ec.e... <' 12. 2.m MY POSITION IS' o ELECTIVE )II( APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 161 , . APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ~JJ/lf+mlj f)J.e.ef--.:.v , hereby disclose that on l')e c:e I'll\, e.. \~ /2- , 20 "05 I. (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or 0nured to the special gain or loss of ~I"'u'l,)e{) <:I- A7';,l\Lf:.V I~LE5S ( is the parent organization or subsidiary of a principal which has retained me. , which (b) The measure before my agency and the nature of my conflicti~g interest in the measure is a~ fOllOWS:. PRWGd2.IY uncler- ('O,fl 6i"!evcA,~ fDIZ fUI"-(kese /6 ft~ru::_en+, +0 0. IIe5,,:lenflal f:~fer-rc:ury~-tl'y \ 1st-cd tDY &Lle Wl-t\. .f6i-e.d--W=o~+{esIIY1c) c.. ~WvYI.~ c0lltch..L 1 DO '-7 . qs-+ -\-he st-6c:.k. SCL(~ J; Oi""of1i.>vt--r +0 CDn:Se<"U1.11et\. Dl.0V\ l 1 Q \ r- \' 6' - t , \n {I' (I rr \ --l, I or;.-the.ac{'ll\nl~t9rOQf>r.i La I! I.<"'~ v>ot..<- ex !LIiUY7euTe,y e nee I I Ie Dei ~ -. U I J./c Y. . _/ dil]o-/- Aauc ti.. mrf.7/cl- of rn/-ered /-I tf S /(/0:1 ~ TO 1118(.( FE. O{I ~o V).L -fILe o:::J-e. , I) fJ - ()::;- Date Filed /' / )) / / ..' l~~~~./(Z..l/ / ........./. __~.:.____""'lA- / ~ S.J Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES !;112317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 16 . CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE January 17, 2006 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F"), Third Floor ':::0 t ,~.. - I. II. III. IV. Roll Call Approval of Agenda Approval of December 12, 2005 Minutes Old Business: i-<,fH" , >, l;,fi6;:;:-;)!'e1~ A. Real Estate Services Update on Status of A-list Properties B. Attendance - excused/unexcused absence defined C. Fiala .. V"./ _ H I v.'. . a a8..._.. ,.H. enning_....v __ ," I ~ ~oy e..._.7.........- Coletta..._..~___. Contracts/Agreements. Collier Development Corporation (tentative) and status of City of Naples interest in 4.39-acre parcel D. Transfer of Development Rights (TDRs) - policy discussion New Business: A. Ranking for Fleischmann property and Recommendation for Amended Active Acquisition List (Member request for 9:10 time-certain) B. Advisory Committee Applications C. Advisory Committee 4-year Review Report D. Review and Approval of Interim Management Plan for Mcintosh property E. Coordinator General Report F. Outstanding Advisory Committee Member Program VI. Subcommittee meeting reports A. Outreach - Ellin Goetz, Chair B. Lands Evaluation and Management - Marco Espinar, Chair C. Ordinance Policy and Procedures - Will Kriz, Chair D. 2006 Referendum - Mimi Wolok, Chair V. VII. Committee Member Comments VIII. Public General Comments IX. Staff Comments X. Adjournment ****************************************************************************************************** Committee Members: Please "olifv the Environmental Services Deoartment Administrative Assistant no later than 5:00 c.m. on January. 2005 if you cannot attend this meetinc. MISC. Corres: Date: Item#: -,'Oir:S 'f', 1611 . GOLF ESTATES BEAUTIFICATION MSTU J ADVISORY COMMITTEE Fiala -E==. 2705 Horseshoe Drive South Halas __ __ Naples, FI34104 Henning.___V""_ Coyle -..:.:r<------ Coletta v SUMMARY OF MINUTES & MOTIONS --------- December 15, 2005 IlL & IV. Agenda and Minutes of November 17, 2005 were approved as amended. vn. Honsekeeping Items: B. Doral & Augusta Sign Lighting Tony Branco moved to proceed to work with the Lely Civic Assn., as with the previous sign; finance the project and the MSTU will reimbune them for one-half of the total cost. Second by Bob Cole. Carried unanimonsly 4-0. Other signs in the area of the MSTU were discussed. Utilities Department needs to be contacted to address the signs in question. xu. New Business Flag poles were discussed. Bob Cole moved to obtain additional bids for twp 20" and one 25" metal finish flag poles. Second by Ron Torp. Carried nnanimonsly 5-0. Misc. Corres: Date ;). / 1 'f J Dfo I . Item# J b [ ;J C (/7) C'Jprcs to: 16 ,I ~ GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples. FI 34104 January 19,2006 Agenda L Call meeting to order n. Attendance: Ill. Approval of Agenda IV. Approval of Minutes - Deeember IS, 2005 V. Presentation on Sunshine Law by Mike Pettit, Assistant County Attorney) VI. Landscape Maintenance Report - CLM A. Update on Landscaping vn. Landscape Architect's Report - Mike McGee A. Front entrance B. Cost estimate for Plant Replacement due to damage by Hurricane Wilma vm. Housekeeping Items: A. Review Liability Insurance Coverage for MSTU Board Members IX. Transportation Operations Report - Darryl Richard A. Project 2 - status of bid proposals, lights, benches, etc. X. Budget Report A. Tessie Sillery & Bob Cole - Budget Committee B. Report Re: County MSTU Chairman's meeting on January 6th XL Committee Reports: A. Doral & Augusta Sign Lighting - Tony Branco B. US 41 Entrance Landscape Committee - Ron TorplMike McGee XII. Old Business: A. Newsletter B. Flag Pole Quotes xm. New Business: XIV. Public Comments: XV. Adjournment The next meednl! will be Februarv 16. 2006 at 4:00 PM Collier County LandsCJl]Je Operations 2885 Horseshoe Dr. South - Naples, FL 34104 16 '1 . GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples. FI 34104 December 15, 2005 Minutes I. The meeting was called to order by Chairman Robert Slebodnik at 4:00 PM. IL Attendance: Members: Robert Slebodnik, Tony Branco, Robert Cole, David Larson, Ron Torp (arrived at 4:25) County: Darryl Richard-Project Mgr., Christina Apkarian-in Tessie's absence Others: Robert Kindelan-CLM, Mike McGee-McGee Assoc. (not in attendance), Sue Chapin-Manpower Services IlL Approval of Agenda - Add: Under Housekeeping Items: A. Meeting of the MSTU Chairman, and Move "Signage" from X. (A) to VII. (B.) Bob Cole moved to approve the Agenda as amended. Sec:ond by Tony Branco. Carried unanimously 4-0. IV. Approval of Minutes - November 17, 2005 Correct spelling of Lykens. ..... and Larson...... ... and add "(sign post) footing design from Lykens. Tony moved to approve the Minutes of November 17, 2005 as amended. Sec:ond by Bob Cole. Carried unanimously 4-0. V. Landscape Maintenance Report - CLM A. Update on Landscaping . Treated all bougainvilleas . General maintenance and irrigation done . Turf fertilization completed . Plumbagos approved and will be planted . Mulch - need PO - vendor is backlogged . Will fill in Ixoras on Median #18 (Pebble Beach) . Plant replacements due to traffic accidents are kept separate for insurance claims VI. Landscape Architect's Report - Mike McGee A. Front entrance - no report vn. Housekeeping Items: A. Meeting ofthe MSTU Chairman 1 1.~" Mr. Slebodnik discussed the rescheduled meeting date of January 6th at 9:00 AM and asked for a Committee member to attend if he is unable to. Tony Branco or Robert Cole will attend ifMr. Slebodnik cannot. No canyover was posted at the end of the Fiscal Year, and need to make sure it is addressed. . B. Doral & Augusta Sign Lighting - Tony Branco & Bob Slebodnik . Bob Slebodnik met with Mr. Ramsey and proposed the 50"10 financing plan for the AugustaIForest Hills lighting. The Lely Civic Organization was in favor. The Civic Assn. will pay for the order and split the costs with the Lely MSTU after installation. Tony Branco moved to proceed to work with the Lely Civic Assn., as with the previous sign; finance the project and the MSTU will reimburse them for one-half of the total cost. Second by Bob Cole. Carried unanimously 4-0. The Potable Water Sign was again discussed. With a personnel change in Utilities - the subject will again be approached. Darryl will contact Utilities and/or Diane Flagg and attempt to get the situation taken care of Darryl will look at, and address other County signs at the foot of Forest Hills with Bob Slebodnik. (Ron Torp arrived at 4:25 PM) Tony asked about the PO for the vendor on the Dorallighting. Darryl will follow-up with the appropriate person/so VIll. Transportation Operations Report - Darryl Richard A. Project 2 - status of bid proposals, lights, benches, etc. . The plans for Phase II have been approved and we are now waiting for the permit. After Notice to Proceed is received, the Landscaping and irrigation for Project II will go out for bid. . Notified from E. B. Simmonds that the electrical portion of Project II will be installed in late January IX. Budget Report A. Tessie SilIery & Bob Cole - Budget Committee Budget was distributed by Christina Apkarian, filling in for Tessie SilIery. Various expenses and Revenues were covered. Carry over dollars from FY 2004/05 have not been posted by the County. X. Committee Reports: A. Doral & Augusta Sign Lighting - Tony Branco Discussed earlier. B. 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I/) N "' 1611 . MEMORANDUM RE(.C:fVEO COUHfY' MANA-':,i--; '.. ~,-,--_,_,_"__,,,'""_h~"'_~__'~"_ FROM: Winona Walker Stone - Assistant to the County Manager ).1;1 Luz Pietri - Administrative Assistant . OEe 2 1 2005 TO: DATE: December 20, 2005 SUBJECT: Board Agendas and Minutes - Library Advisory Board In reference to the Library Advisory Board's missing minutes and agendas, there was no meeting in July 2005. Also, the October 26th meeting was cancelled due to Hurricane Wilma. The November and December meetings are usually combined into one which is held tbe 2nd week of December. Those minutes and agenda will be sent out when done. Thank you. Note: Attached you'll find the Agenda for tbe NovlDec meeting combined which met on December 14,2005. There is no minutes for October 2005. ~ Fiala . Halas ..~... -' l-!enniI19_- 7--".--.. coyle - ---"._-- Coletta ..------ Misc. Corres: Dale: ;) J I '-f / Db I . Item': ibI d L (I (j) Copies to: . ~ /(/0 7<. ;tIo "" )J2v-. ~/!j4/>-D.H''''PC~' At ~;#uky c< v^~/~bk_ rJ-- 6le%, JI f ""0' e.^ .;I'7r <' ,.. <' w--< J /74> )7A'!:'e 7'7/ ' COLLIER COUNTY LIBRARY ADVISORY BOARD Wednesday, December 14, 2005 1([., r. '"., Headquarters Library 0 t ..L AGENDA Call to order Approval of Minutes Literacy Program Report Report of Officers Communications a - written b - Personal Unfinished Business 1. Employee of the Month - October, November and December 2. Golden Gate Library Construction 3. South Regional Library 4. Automation New Business General Considerations Director's Report Report of the Friends Adjournment \. I\. III. IV. V. VI. 1611 . AGENDA Parks and Recreation Advisory Board December 21, 2005 2:00 pm Golden Gate Community Center Call to Order J Fiala ....- Halas ./ . H. V ennmg__ Coyle . rc, Coletta ._. __ Pledae of Alleaiance and Invocation Approval of November 16, 2005 Meeting Minutes New Business A. Remote Control Car Proposal- Troy Gutterridge B. Sugden Regional Park Special Event Usage - West Coast Muscle Car Club - Dallas Disney C. Parks and Recreation Director Vacancy - Marla Ramsey D. Results of Board Member Appointments by BCC - Amanda Townsend E. TDC Grant for Tigertail Beach Walkovers - Murdo Smith Old Business A. Thanksgiving Weekend Beach Shuttle Report - Murdo Smith B. Full-Time Employee for East Naples Skate Park - Mary Ellen Donner C. Report on Hurricane Wilma - Ray Carter Reports and Updates A. Capital Projects - Joe Delate B. Recreation Activities - Update on SnowFest and Christmas Around the World - Dennis Gulley VII. Informational Items A. BCC Recaps B. Meeting Schedule C. Address List D. Attendance Report E. Adopt A Park Assignments F. Monthly Report VIII. Adopt A Park Report on Barefoot Beach Preserve and Access, Vineyards Community Park and Conner Park - Tim Toole Misc. Corres: Date d-./;4/0b I . Item #. I & I .;) illq ) Caples to 16' 1 . PARKS AND RECREATION ADVISORY BOARD MEETING Golden Gate Community Center - 2:00 pm December 21, 2005 Board Members Present: John Ribes, Chairman Skip Riffle Timothy Toole Joe Overbeck Staff: Marla Ramsey, Public Services Administrator Mary Ellen Donner, Assistant Director Murdo Smith, Beach and Water Regional Manager Joe Delate, Senior Project Manager Amanda Townsend, Operations Analyst Tona Nelson, Sr. Administrative Assistant I. Call to Order at 2:35 pm II. Pledge of Allegiance/Invocation - Amanda Townsend III. Minutes of November 16, 2005 meeting approved. Motion made and passed unanimously. (4-0) IV. New Business A. Remote Control Car Proposal - Troy Gutterridge Troy Gutterridge gave a brief presentation to the Board and Staff regarding the use of East Naples Community Park Roller Hockey Rink for remote control cars for training and competition. This is a club for adults and kids to use for training and practice before competitive events. This is a non-profit organization that will assist with the maintenance of the facility. Troy will supply the Board and staff with the paperwork including insurance. Motion: To allow the club the use of East Naples Community Park. Motion made and passed unanimously. (4-0) B. Sugden Regional Park Special Event Usage - West Coast Muscle car Club - Dallas Disney Dallas Disney gave a brief presentation to the Board and Staff regarding the use of Sugden Regional Park for a car club show on March 4, 2006 with a back up date of March 5, 2006. This club is non-profit with the proceeds to be donated to charity organizations. Parks and Recreation will receive a percentage of the proceeds Motion: To allow the club the use of Sugden Regional Park. Motion made and passed unanimously. (4-0) 1 1611 . C. Parks and Recreation Director Vacancy - Marla Ramsey The Parks and Recreation Director position is open and posted and receiving job applications. The position became available on November 23, 2005. This position will be filled as soon as possible. D. Results of Board Member Appointments by the BCC - Amanda Townsend Tim Toole and Joe Overbeck will retain their positions on the Advisory Board. Tim and Joe received letters from Mr. Coyle, the BCC Chairman renewing their terms which will expire on December 31,2009. E. TDC Grant for Tigertail Beach Walkovers - Murdo Smith Murdo Smith presented a grant application through the TDC for funding to repair all the walkovers on Tigertail Beach. There is extensive damage from termites. Motion: To approve the repair of Tigertail Beach walkovers with TDC funding. Motion made and passed unanimously. (4-0) V. Old Business A. Thanksgiving Weekend Beach Shuttle Report - Murdo Smith The total cost of the shuttle for the Thanksgiving holiday was $6577.00. The Parks staff will compile a list of dates for shuttle service in 2006 and present the list to the Board for recommendation and approval. As a public service this information will be available to the public in advance. B. Full-Time Employee for East Naples Skate Park - Mary Ellen Donner There was a discussion about staffing at East Naples Skate Park. BCC Commissioner Donna Fiala and Officer Nelson and Officer Rowe from the Sheriffs Department were present for the discussion. The discussion included staffing, utilization of the park, hours of operation and availability of parts and supplies for the patrons. Everyone agreed to work together to overcome any obstacles preventing the success of the park. C. Report on Hurricane Wilma - Ray Carter Ray Carter was unavailable for the meeting but the report was included for review and questions. Marla Ramsey indicated that budgets will be impacted due to the costs of the hurricane damage and a shortfall will possibly occur. If this happens, staff will make a recommendation to the Board for approval. VI. Reports and Updates A. Capital Projects - Joe Delate Joe provided a written report on all capital projects for everyone to review. 2 16 ~ 1 j " B. Recreation Activities - Dennis Gulley Mary Ellen Donner gave a brief update on Snowiest and Christmas Around the World. Dennis Gulley was not available for the meeting. VII. Informational Items BCC Recaps, meeting schedule, address list, adopt a park assignments and attendance were provided for review. VIII. Adopt A Park - Tim Toole Tim provided a written report on Vineyards Community Park, Barefoot Beach Preserve and Conner Park. '**Meeting adjourned at 4:00 p.m. The next meeting is at Golden Gate Community Center on January 18, 2006. *** 3 16' 1 RECEIVED JAN 2 0 2006 . Board of CO"'l'" ,', + '" It ".cmmisSIOllers AGENDA Parks and Recreation Advisory Board January 18, 2006 2:00 pm Golden Gate Community Center I ! J I. Call to Order Fiala Halas Henning.~._ Coyle Coletta__ II. Pledae of Alleaiance and Invocation III. Approval of December 21. 2005 Meetina Minutes IV. New Business A. Attitude Awards - Mary Ellen Donner B. Barefoot Beach Management Plan - Murdo Smith C. Recommendation and Approval of the Impact Fee Study - Amanda Townsend D. Annual Update Inventory Report - Marla Ramsey E Caxambas Boat Ramp - Murdo Smith V. Informational Items A. BCC Recaps B. Meeting Schedule C. Address List D. Monthly Report E. Recreation Activities F. Attendance Report G. Adopt A Park Assignments H. Capital Projects VI. Adopt A Park Report on Caxambas, South Marco Access, Tigertail Beach - Joe Overbeck ivllSC Con'es: Date: Item#: Copies to: 1611 . Memorandum From: Sue Filson Executive Manager Board of County Commissioners r " 'l~jf, Barbara smir? December 20, 2DD5 To: Date: Subject: Outstanding Pelican Bay Advisory CommitteelBoard Agendas and Minutes Pursuant to a memorandum requesting outstanding Agendas and Minutes for the Pelican Bay Services Divisions Advisory Board, the missing items have been attached as requested. Fiala ..... Halas ! February, 2005 - Agenda - Attached Hennipg__~ v:: Coyle Z November, 2005 -Minutes - Attached COletta~_o'---- If you have any further requests, please contact our office. Thank you, Pelican Bay Services Misc. Cones: Dale: d.. II 4/ 0 (;, o l!em #: /1o:I C) (r?o) Copies to: 16'1 '" 'lII . COLLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive 0 Suite 605 oNaples, Florida 34\ 080 (239) 597-\749 0 Fax (239) 597-4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES. FLORIDA 34108 ON WE[)NESIJA Y. FEBRUARY 2,2004 AT 3:00 P.M. AGENDA 1. Roll Call 2. Approval of Minutes ofthe January 5, 2004 Meeting 3. Public Participation 4. Chairman's Report Ordinance Review Pelican Post Article - Bring your copy Pelican Bay Services Division Board Applicants - Schedule Meeting with Mr. Leo Ochs January 2004 List of Cone ems My Memorandum of 1/5/05 regarding annexation 5. Sub-committee Reports Clam Bay Sub-committee Interior Channels Clam Bay Annual Monitoring and Improvement Schedule Beach Renourishment Clam Bay Environmental Consultant Budget Sub-committee Fiscal Year 2005 First Quarter Review Impact of cash forecasting on assessments Hard Spots/Soft Spots Fiscal Year 2006 Step Il Planning - Capital Programs Uninsured Assets Reserve -- status and alternatives Security - do we want resident input? 6. Administrator's Overview Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements Community Issues Sidewalk Overlays and Repairs Tree Replacement ITom Hurricane Charley Hurricane Charley Storm Damage Pelican Bay Services Division Election 7. Committee Requests 8. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TIffi PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DlSABtLITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597- I 749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. 16 , 1 . PELICAN BAY SERVICES DIVISION BOARD MEETING November 9, 2005 Naples, Florida lET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, November 9, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. John lalzzo Mr. Matthew Mathias (Absent) Mr. David Nordhoff Mr. David Roelllg Mr. Donald Spanier Mr. Edward Staros (Absent) ALSO PRESENT: Nine (9) Pelican Bay residents; Mr. Gary McAlpin, Coastal Projects Manager, Collier County; Ms. Kara Cave, Turrell & Associates; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle lukasz, Field Operations Manager, Pelican Bay Services Division; Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary Mr. James Carroll, Chairman Mr. Christopher Sutphin, Vice Chairman Mr. M. James Burke, Vice Chairman Mr. John Boland Mr. John Domenie AGENDA 1. RollCall 2. Approval of Minutes of the October 5, 2005 Board meeting 3. Audience Participation 4. Chairman's Report Hurricane Preparation and Response Ordinance Update Contract Amendment with Severn Trent Change in Scope of Services and Contract Sum Extension of Contract through 2006 Change in our East Berm Committee membership Naples City Council Meetings - comments 4. Status Report - Hurricane Wiima 5. Potential MSTU Tax Relief 6. Sub-committee Reports Clam Bay Sub-committee Clam Bay Annual Monitoring and Improvement Schedule Clam Pass Inlet Beach Renourishment Budget Sub-committee Hurricane Wilma Costs - affect on FY 2006 Budget FY 2005 Year End Results FY 2007 Step I Planning Mission Objectives Oakmont lake Project 7. Red FlaglGreen Flags Capital Projects Irrigation and landscape Improvements System III & IV Retention Area Improvements - Test Area Community Issues U.S. 41 Street Lighting Sidewalk Overlays 6241 Pelican Bay Services Division Board November 9, 2005 16 11 ..... l . Hurricane Charley Storm Damage 8. Committee Requests 9. Audience Comments 10. Adjourn ROLL CALL Mr. Carroll asked that the record reflect that all members are present with the exception of Messrs. Edward Staros and Matthew Mathias with excused absences. APPROVAL OF THE MINUTES OF THE OCTOBER 5, 2005 REGULAR MEETING Page 6215, correction ''There are '1hree" City, '1hree" Marco Island and '1hree" Unincorporated representatives on the Committee". Mr. Sutphin moved, seconded by Mr. Burke and approved unanimously the Minutes of the October 5, 2005 regular meeting, subject to the above referenced change. - -~---- ----~~ AUDIENCE PARTICIPATION Mrs. Rosalee Johnson-Fogg - Greentree Drive resident - "I have been here for the last two meetings and I don't know if I can stay for the Oakmont Lake Project item on today's Agenda". I did talk to Mr. Kinney at the Foundation and he Is in receipt of your letter and has responded that the Foundation is giving their approval to look at this project. 1 know that you are looking for community input and I wanted to volunteer for help on that issue. I did take some pictures around town and did go down to the Ritz like you had suggested. I would agree that the stone may be a better option and we would probably have the same issues as we do now with another wood. If you want participation, I would be able to do that. Mr. Spanier asked, 'Which of the neighborhoods are you from"? Mrs. Johnson-Fogg replied, "I am on Greentree, but the neighborhood is called Barrington". We don't have a community group, but I know Oakmont does and 1 know a lot of people who walk the lake. 1 have some time that I can work on something like this. Mrs. Johnson-Fogg continued, "At last month's meeting there was a vote to add approximately $150,000 to the fund to put more sand on the beach". I was discussing that with 6242 Pelican Bay Services Division Board November 9, 2005 1611 . somebody who asked how much additional sand that was, but I could not remember that discussion. Mr. Carroll replied, "It was $840,000 and we added an additional $160,000 to bring the total to $1,000,000". Mrs. Johnson-Fogg replied, "Right, but how much extra sand do we get for that amount"? Is that adding to a section of the beach or just more sand onto the beach? Mr. McAlpin, Coastal Projects Manager, Collier County - 'What we would be doing is filling the sand to the design template of the beach". We are looking to maintain the beach at a width of 85'-100'. Mr. Burke asked, "Are you asking how many more cubic yards of sand"? Mrs. Johnson-Fogg replied, "Right". Mr. McAlpin replied, "It was originally 30,000 cubic yards and is now 36,000 cubic yards". Mr. Domenie stated, "That is also still dependent upon the new survey, which is being taken post Hurricane Wilma". Mr. McAlpin replied, "The survey has been completed and we will be providing you with that data as soon as it is available". Mr. Roellig stated, "The difference is that the back part of the beach will be higher, so that during storms it is less likely to be over-topped". When the beach is over-topped it is more likely that the sand would get pushed back into the mangroves. It would be more of a berm to hold the beach and keep it from being lost into the vegetation. Mrs. Johnson-Fogg stated, "The only thing I see that might push the Oakmont Lake Project back further is that you do need to look at the erosion that is going on around the lake as well. When I talked to Mr. Kinney, he indicated that he has looked at it and additional sand needs to be placed along there and grass allowed to grow all the way down to the waters edge. I do think that when you are looking at Oakmont Lake you need to look at the erosion aspect of it as well. Mr. Merlin Lickhalter - Pelican Bay resident and member of the Board of Directors of the Pelican Bay Foundation - "I originally did not intend to come up to speak on Mrs. Johnson-Fogg's 6243 Pelican Bay Services Division Board November 9, 2005 1611 , . point". For those of you who don't know, the letter that was referred to regarding Okamont Lake also noted that the Foundation wanted a representative to represent them in the design review of whatever improvements that were planned". I have been appointed as that representative. Mr. Lickhalter continued, "I am here to talk about something else". I understand that for some time the County has been intending to resurface Pelican Bay Boulevard. Could you enlighten me as to when you think that may happen? Mr. Carroll replied, "It is on their spring program and should happen during March or April". We have been following that very carefully and have Mr. Lukasz checking to make sure that it stays on the program. Mr. Lickhalter stated, "Some time ago, I spoke to a lady whose name I cannot recall, but she is the head of the group in the County called Alternative Transportation Modes". She told me that Pelican Bay Boulevard meets their criteria for the inclusion of a painted bike lane in each direction. She indicated that they would have no problem at all doing it and meeting all of the safety standards, but would require your group's approval. I was wondering if you, in some way, have gotten input from the residents of Pelican Bay to determine if it is something that they would like to have done? Mr. Carroll stated, "This comes up every two to three years". We have had votes taken on it and approximately seven or eight years ago a test area was painted along a portion of Pelican Bay Boulevard North. When it came before this Board to determine if we should move forward with it, it was voted down. It has come up once or twice since that time and it keeps getting voted down. I would say that it has not been brought up during the past two years. Mr. Lickhalter asked, "Was this decided with community input or was it decided by the Board"? Mr. Burke stated, "I was not involved with this Board when that outcry took place and I know where you are headed with this, but in my mind it would have to be a massive town hall meeting to bring out everybody in this community who is pro and anti bicycle lane". In my mind, this Board could not make that decision. When that lane was painted along the Boulevard, the outcry to get it removed was humongous. As I recall, that lane immediately filled up with babies 6244 Pelican Bay Services Division Board November 9, 2005 16 , 1 . in carriages, rollerbladers, kids with hockey sticks, etc. It was a mess. To revisit it, I think we would have to have a full-blown totai town hall meeting. Mr. Nordhoff stated, 'We heard from FDOT some time ago that our roads were such that we could not have two lanes of traffic and a bike lane because they would require a safety zone between the bike lane and roadway and so many feet would have to be hashed marked". The bottom line was that we would have to live with one lane of traffic and we did not think that was adequate for the main roadway and it died a very quiet and peaceful death. To bring it up again does not change the laws that we were informed of, so it is really kind of a moot point. We can't get two traffic lanes and a bicycle lane with the current width of the Boulevard. Mr. Lickhalter replied, "I was told by the lady in Transportation that the existing road does meet the criteria for two safe traffic lanes and a bike lane". Mr. Spanier stated, "I have a huge file on this subject, which I will share with you after the meeting". Less than two years ago, we met several times with the lady who was in charge of Alternative Transportation, who I believe has since been moved elsewhere. We drew schematics to deal with the various options for protecting the safety of working crews, allowing for passing traffic, taking into account the curb cuts and bicycle lanes. We were advised that it was not feasible, unless Pelican Bay was willing to go to one lane of traffic in both directions, to do precisely what you are requesting. I am perfectly willing, if the Board is willing, to reinvestigate the matter with you. Let's do it, because you have several bicyclists here and it is a fact that this Board has revisited this issue with really bad results each time. I will make that material available. Mr. Carroll asked, 'Will you do that Mr. Spanier"? Mr. Spanier relied, "Yes". Mr. Lickhalter asked, "If it is determined that it is technically feasible and safe, and I agree it would take considerable community input, would your group commit to getting that significant input from the community before you revisit the subject"? Mr. Carroll stated, "I agree with Mr. Burke that we would have to have input". After we hear the answer, we would then have to decide if we would want to sponsor such a meeting. 6245 111 ~ 11. ...~,,' g ii t - " o Pelican Bay Services Division Board November 9, 2005 Mr. Spanier stated, "1 was the Sub-committee Chair". It was an ad hoc committee set up to investigate the feasibility of bike lanes. Mr. Lickhalter asked, "If it is technically feasible and safe, will you commit to getting community input"? Mr. Carroll replied, "I will not commit to that until I see what the answer is". Mr. Burke stated, "This is a selfish wish on my part, but I would love to see Pelican Bay Boulevard one way, each way". I think that would cut down on cut trough traffic and slow down the normal traffic. Mr. Domenie stated, "It was one lane for bicycles, hash marks, one lane for traffic and six feet of hash marks". That is the way that it was presented to us by the Department of Transportation at that time. Mr. Spanier stated, "Mr. Lickhalter, I will contact you". CHAiRMAN'S REPORT HURRiCANE PREPARATION AND RESPONSE STATUS REPORT - HURRICANE WILMA Mr. Carroll stated, ''There is another item on the Agenda, which is also a Status Report on Hurricane Wilma and I think we can combine these two items". All I wanted to say was that the response that Mr. Lukasz and his crew made to the preparation and clean up after the storm was outstanding". Mr. Lukasz, what did you have in mind with regard to a status report? Mr. Lukasz stated, 'With regard to landscaping clean up along the rights-of-way and the Foundation facilities, all of the horticulture debris has been cut up and ready for pick up". At this point the debris has been picked up in most places, with the exception of the US 41 berm. There is some substantial damage on top of the U.S. 41 berm that cannot be seen from the roadway. The County crews continue to pick up the horticulture debris and as of today, they have been through the entire community. They will continue to make passes to pick up the additional materials that get placed along the roadways. We will now go through the trees that had considerable damage and either remove or prune them as necessary. We will also continue to grind down the stumps from the trees that have been removed. 6246 Pelican Bay Services Division Board November 9, 2005 1611 ~ . Mr. Lukasz continued, "The County has also indicated that they are moving ahead to start picking up building debris that has been placed along the roadways". Ninety-five percent (95%) of the traffic signage that was leaning has been straightened and the balance should be completed by the end of the week. Three signs were damaged and those materials have been ordered and should be replaced within the next two weeks. The straightening of the light poles should be completed by the end of next week. There were two poles broken in half and those poles have been ordered and should be replaced by the end of December. There was no structural damage to the water management system, mainly limbs and trees thrown into the swales and lakes. We have begun the removal of those materials and that should be done within the next week. Mr. Lukasz stated, "There were some downed trees along the retention area on the east side of the berm". There is a question of whether we are going to go in there and remove those materials. We have provided the updates to the Clam Bay Sub-committee earlier. Last week we had a crew in there clearing some of the creeks and interior channels, at least in the strategic areas where flow was blocked. There is still a considerable amount of work to do and that should be completed by the middle of December. There are also a lot of trees down within the mangrove forest itself and there was a question of how much of that material should be removed. We spoke to Turrell and Associates and from an environmental standpoint there is no purpose in doing it. It is more of an aesthetic issue. The Clam Bay Sub-committee basically said that they thought the removal should be with the trees that are at the immediate edge of the system, along the berm. Mr. Carroll asked, "Do you find that once your debris has been removed, the next day more arrives"? Mr. Lukasz stated, "Yes, with the condominiums". We didn't see that so much with Hurricane Charley, but a lot of the associations did place their debris out by the roadway. After the contractor had made his initial pass picking up the debris, there were still additional materials coming out. 6247 Pelican Bay Services Division Board November 9, 2005 1611 . Mr. Spanier stated, "Yesterday I saw that there were storm related trucks spraying some of the piles of debris along the roadways". The press and television stations had pointed out in the past few days that these piles of debris have become the new homes for rats and a large variety of undesirable creatures. I was wondering who initiated the extermination. Did we do that? Mr. Lukasz replied, "It had to be the County because we did not do it, nor did we request it". I did hear one complaint about some rats, but I believe it was from the storm driving them out and not piles of debris. Mr. Spanier stated, "The spraying was taking place along Oakmont Parkway and down Pine Creek Lane". They were very professional crews, in white trucks and the men were dressed very appropriately, in protective clothing. Mr. Lukasz stated, "A majority of the debris piles have been picked up". The ones you are seeing out there now have been placed there since the initial pass. Mr. laizzo asked, "Are there any intentions to inspect the sidewalks"? The sidewalk, between the Commons entrance and the full stop at the corner of Gulf Park Drive on the west side of Pelican Bay Boulevard, is badly broken. Heavy-duty machinery came in and just wiped out the sidewalk. Mr. Lukasz replied, "I will take a look at that". Mr. Domenie stated, "I am sure that we also lost some sprinkler heads". Mr. Lukasz replied, 'We are going through that now". Mr. Petty stated, "As you have already talked about, Mr. Lukasz has done one heck of a job in addressing a hurricane". He was out there immediately after the storm clearing the primary roads. He got to the secondary roads on the third day. The material leaving Pelican Bay happened quicker than any place else. Compared to the East Coast, I can tell you that Pelican Bay is better than anything on that coast and I thought they were doing a heck of a job over there. Mr. Petty stated, 'What we suggest that we do is put out a small informational newsletter on the hurricane". I have handed out a sample and that is to only show you the format. Virtually hundreds of residents have been calling the office and this provides a summary of what is going 6248 ,:' " ~ 6"'" s.::;.'::! ~)_"'~ ~ '""'i.. ~ €I Pelican Bay Services Division Board November 9, 2005 on and provides some type of closure. It brings the information to the residents in a timely fashion and we think that is very important. Secondly, it provides some type of closure to the event and a staff report on what has been done and what is left to do, so that the residents can feel that their staff is responding well and can go about their own duties. It also provides a pat on the back to the outside staff, that in my opinion did a remarkable job. Mr. Petty continued, "I would like you to consider this and if the Board would authorize this newsletter, what we intend to do is have approximately 3,000 copies printed at a cost of $1,300. They would be placed at the Foundation facilities, beach entryways and at all condominiums. We would have them in our office and any other venue where they could be handed out. We would not do a mailer. In this manner we think we can reach most of the people that may still have issues related to the storm. Is it mostly informational in nature and contains some contact numbers. If you do approve it, we would have it distributed in Pelican Bay on Monday. Mr. Carroll stated, "This is very time sensitive". Mr. Petty and Mrs. Smith have done the work on this project and he has asked me to participate. My big issue was how we were going to get this around. It costs approximately $5,000 to mail a newsletter. Mr. Petty has been suggesting that we just do what we can to distribute it throughout the community. It is not full coverage and does not get to the people up north, but it is certainly a beginning. Mr. Nordhoff asked, "Is 3,000 copies enough"? Why should we shortchange ourselves? When you start the presses the price usually drops with more copies. Mr. Petty replied, "The start-up costs are normally the largest". Mr. Nordhoff stated, "I don't think that 3,000 is adequate". Mr. Carroll stated, "I have no objection to that". Mr. Nordhoff stated, "I was thinking more in the 5,000-6,000 range". Mr. Carroll stated, "We have 6,500 residents". Mr. Roellig stated, "I would assume that everybody gets one". Mr. laizzo stated, "If you are going to go that high, you need to deliver it to the condominiums and each sub-community". 6249 Pelican Bay Services Division Board November 9, 2005 16 11 . Mr. Petty stated, ''The information in the newsletter is more for the residents that were here during the storm and information to those up north who may have read about it in passing and are curious about what is going on, but don't want to bother the manager of the building". That is why we came up with the 3,000 figure. It is fairly time sensitive and to meet the first objective to be responsive to the residents, we would like to get it into Pelican Bay on Monday. Mr. Carroll moved seconded by Mr. Roel/ig and approved unanimously that we approve $1,300 for printing of the newsletter Mr. Burke stated, "This is a nice piece of work". Mr. Sutphin stated, "I assume you are going to put this on the website". Mr. Petty replied, "Yes". Mr. Sutphin stated, "Put the website URL in the newsletter". Mr. Petty stated, "It is in the middle of the section called "PBSD", where they talk about the Division". Mrs. Smith made sure the website address was there. ORDINANCE UPDATE Mr. Carroll stated, 'We covered the Ordinance Update at the last meeting and the two changes that were requested have been made". Unless you have any comments, I would like to move that we approve the Ordinance. Mr. Carroll moved seconded by Mr. Sutphin and approved unanimously to approve the Ordinance as rewritten. CONTRACT AMENDMENT WITH SEVERN TRENT CHANGE IN SCOPE OF SERVICES AND CONTRACT SUM EXTENSION OF CONTRACT THROUGH FISCAL YEAR 2006 Mr. Carroll stated, "The contract amendment with Severn Trent contains two documents". One is the Revised Scope of Services and the other is the Amendment to the Contract. Because of the size of the contract, it is necessary to go through the formality of amending it. Mr. Petty and I have worked the change of duties and change in compensation together. The current contract had a basis of $48,000 per year and the new contract, beginning January 1, 2006, will have a basis of $24,000 a year. This is a two-part request. One request is the Scope of Services 6250 Pelican Bay Services Division Board November 9, 2005 16 i 1 o and compensation and the second is the extension. Our current contract is a three-year contract, with a one-year option, if both parties agree to the extension. If we approve this contract amendment, we extend the contract with Severn Trent through a fourth year, beginning January 1 st at the new contract rate. Mr. Sutphin stated, "I think this is absolutely wonderful". We pay half as much and Mr. Petty works twice as hard. Mr. Roellig asked, "Can you describe why we are cutting his duties"? Mr. Carroll stated, "There are quite a few things in the old list of duties, which required that the Administrator do more than he does". What we wanted to do was define more of what we expected of him. For example, it says that the Administrator would prepare the budget. The Budget Sub-committee now prepares the budget and more responsibility is now being taken by the Board and away from the Administrator. It also says that the Administrator shall work with the personnel employed by the County to perform the Pelican Bay work. What it said before was that the Administrator would supervise and manage the personnel. It is a different approach that we are using. Mr. Roellig asked, 'Who is supervising the management"? Mr. Carroll stated, "Our Board is, through Mr. Petty, but he takes more direction from us". Mr. Roellig stated, "My problem with this is because we work under the Sunshine Laws, there is no possibility of interaction with other Board Members as far as management goes between meetings and I am somewhat uncomfortable about that". I would personally prefer to see the Administrator do the actual managing. Our previous manager was here one day a week and will Mr. Petty still be here one day a week? Mr. Carroll replied, "No". Mr. Roellig stated, "I guess I am uncomfortable with the Board taking more of a management stance when we can't discuss various issues among ourselves between meetings". Mr. Carroll replied, "It is awkward". I think this more directly deals with the way we are operating now. We are moving away from this job being independent and the Board has more management control than we had before. 6251 Pelican Bay Services Division Board November 9, 2005 16/1 . Mr. Petty stated, "I would like to take the emphasis off of the words "less independent" than it was before". The Manager's Office is the Manager's Office and that did not change in the agreement. It is still a function of the Manager to implement the policies of the Board, not a single member of the Board. Your decisions made in this public forum, are to be implemented through my office and through the staff. What we are lessening are those institutional services that haven't changed for some time. Your staff here, with Mr. Lukasz, Mrs. Barbara Smith and Ms. Jean Smith, are very capable of doing that and interfaced with the Budget Director, Chairman and other Board Members, handles those day to day tasks very well and are able to fine tune them without any help from management. For those actions of an everyday nature for programs that are aiready in place, those are expected to go through the office and staff without a problem through people like the Chairman of the Budget Sub-committee and the Clam Bay Sub- committee. That way they can talk to Mr. Lukasz and tell him what they want in the power point and for Mrs. Smith to know what is needed at the meetings. Typically, Mr. Ward had been available in the past as your Manager to implement new programs and you had also required him to be on site for a particular period of time for customer relations. Since it has become institutional in nature for a lot of these tasks, it is no longer required that you have a Manager on site. Your existing on site staff is capable of handling these issues, so we were able to lessen the Manager's duties in that regard. This does not empower a single Board Member to handle the operations of the Pelican Bay Services Division. I don't know that there is a greater concern now than there was before of Board Member interaction with the Services Division staff. I think it stays in the great working relationship that it has been. Mr. Carroll stated, "My reaction is that I think the interaction of Board Members with staff has increased". Mr. Burke stated, "I like the way this is written". Mr. Carroll, did you and Mr. Petty get together to come up with this? I dug up one from a previous extension and it was very difficult to read. This one is simple and understandabie and anyone who looks at it is going to know what we expect of the job. Mr. Carroll stated, "I should tell you that I wrote that other one also". 6252 Pelican Bay Services Division Board November 9, 2005 16 '1 . Mr. Domenie asked, "Mr. Petty, are you comfortable with this"? Mr. Petty replied, "Yes, except where Mr. Sutphin started off saying less money, more work". I think we are focusing on the necessary items that are needed in a Manager now, versus what you needed in a Manager years ago, when you were implementing so many new programs. Mr. Sutphin stated, "It is a more intelligent use of the resource". Mr. Petty stated, 'We have the option, should something of a special nature come up and the Board would need services over and above these requirements, to do so at an hourly rate". Mr. Carroll stated, "I am glad you mentioned that". If we ask Mr. Petty to do something beyond what this says, there is a way to do it on an hourly basis. Mr. Domenie asked, "Should that be in the contract"? Mr. Carroll stated, "It is in the original contract". Built into contracts such as this, there is an option for a Change Order and that is what it would amount to. Mr. Domenie stated, "I can imagine that with the Okamont wall there may be more time required". Mr. Petty stated, "That is something that I think would be handled mostly by existing staff". You are talking about a program where Mr. Lukasz has a great deal of experience and your landscape architect has already looked at it, as well as this Board has looked at it in the past. The houriy rate is more for if you want to do a rate evaluation looking at your assessments compared to other areas from across the State. That is something that I would say would be provided on an hourly basis and Severn Trent would do that analysis for you. If you want to look at additional services that you currently are not budgeting for, would be for another type of Clam Bay or an uplands area that you wanted to maintain. That is something we would want to do on an hourly basis, because it Is a new service to the Services Division. The existing Services Division is well thought out, well operated and maintained by your existing on-site staff. Maybe it was because Mr. Ward created it so well that it really doesn't take much from me at all. Mr. Roellig asked, 'What is the actual hourly rate"? Mr. Petty replied, "One hundred twenty-five dollars an hour if you hired me today and it would be adjusted annually". 6253 Pelican Bay Services Division Board November 9, 2005 1 h f 1 .... ~ . Mr. Spanier stated, "Mr. Carroll, I think this is a good piece of work". I also think that the intent should be carefully reflected in the Revised Ordinance that we have just reviewed and agreed to pass on to the County. It seems to me at a first glance at this document that there is somewhat more clarity with respect to the scope and functions, not only of the Manager and the Board, than in the revision of the Ordinance. If my colleagues agree, I would just as soon spend a little more time between now and our next meeting being sure that we have synchronized to our full satisfaction, what I think has been very beautifully formulated and implemented in this document, with the remnants of an Ordinance that has been reworked. Mr. Carroll repiied, "I understand what you are saying and I think taking time to do that would be difficult". The Ordinance is one kind of a document and iegalistic and a lot of constraints put on you if you want to change it. This we can do ourselves. I agree they need to be in sync and if you are saying we are talking about doing something here that should be in the Ordinance, I guess I am reluctant to do that at this time. It may be that after we have worked with Mr. Petty for six months or so, there may be things that pop up that would suggest that we incorporate it into the Ordinance, but I tried to keep that in mind as I was working with both documents. Mr. Carroll stated, "Mr. Boland, three years ago we had this three year agreement which expires December 31, 2005". There was a provision in that Agreement by both parties that it could be extended another year. What we are about to do is approve that. Mr. Sutphin moved seconded by Mr. Domenle and approved on a vote of 8/1 to approve the contract amendment and to approve the contract extension with Severn Trent for one additional year. Mr. Roelllg cast the dissenting vote. - -- - ------ ------ CHANGE iN OUR EAST BERM COMMITTEE MEMBERSHIP Mr. Carroll stated, "I would like to ask that Mr. Burke take over as Chairman of the East Berm Committee". I have been doing that myself and think that with your responsibilities for Clam Bay and the Water Management System, it makes more sense for me to have you Chair that Committee. I have also asked Mr. Petty to replace Mr. Ward on that same Committee. Mr. 6254 Pelican Bay Services Division Board November 9, 2005 1 h 11 ".. 11 . Lukasz is the other member of the Committee, along with the two representatives from the Foundation. Mr. Sutphin stated, "I did not know that Committee existed, I have never seen a report". Mr. Carroll stated, 'We were having reports". It has to deal with the test area between the Montenaro and the Claridge. We thought we would have a meeting during September or October, but Mr. Lukasz felt we were not ready to do that. He did not have the test area set up. Mr. Lukasz stated, "The area got beat up during the storm, so it will have to wait". Mr. Carroll stated, "Mr. Lukasz is the person who has to call the shots of when you should have the next meeting". It will be when the test area is done, but it also needs some publicity so that the people who live along there can observe it. NAPLES CITY COUNCIL MEETINGS - COMMENTS Mr. Carroll stated, "There were two Naples City Council Meetings over the last three to four weeks". Some of us have attended all of those meetings. I don't propose that we dwell on it, but I did want to acknowledge the fact that it is going on and there are members of this Board who have been attending and making statements and comments. The meetings are all broadcast on television. On Wednesday, November 161h at 1 :00 P.M. the Naples City Council is having a meeting dealing with Pelican Bay. The morning session will cover everything, with the exception of the Annexation issue. The question of whether or not they will pass an Ordinance will take place at that time. ELECTION OF NEW BOARD MEMBERS Mr. Roellig asked, "Is the election of new Board Members moving forward"? Mr. Carroll replied, "In early December, Ms. Filson will send out the notice saying that now is the time for anybody interested in a position on the Board to fill out the proper application forms". Mr. Roellig, Mr. Staros and myself go off of the Board. We can run again. but I will not be running for another term. Mr. Roellig, are you going to reapply? Mr. Roellig replied, "Probably not". Mr. Carroll stated, "I cannot speak for Mr. Staros, we will have to ask him that question". 6255 Pelican Bay Services Division Board November 9, 2005 1611 . Mr. Roellig asked, 'Will Mr. Domenie have something in the Pelican Bay Post about that"? We do need some publicity about the election. Mr. Carroll replied, "Yes", we can put that on the agenda to be talked about at our next meeting". Mr. Carroll continued, "I am working against some time pressure and Mr. Petty has to leave at approximately 4:00 P.M." I am going to ask if there is anything specific that needs to be addressed while Mr. Petty is still in attendance at the meeting? Mr. Sutphin, I know you had something about your meeting with the County. Mr. Sutphin replied, "That will take two minutes, if you want to take it out of sequence". Mr. Carroll replied, "Go ahead" POTENTIAL MSTU TAX RELIEF Mr. Sutphin stated, "Yesterday, Mr. Petty and I met with Mr. Smykowski, the County Budget Director". The purpose of the meeting was to explore possible tax relief in the area of the Unincorporated General Fund, which is also called the MSTU Tax on your tax bill. It was an exploratory meeting and I would say that, in general, it was positive. We focused on two areas, which were cost sharing and areas where the Services Division provides a service, which is also provided by the County in other Unincorporated Areas. We talked primarily about landscaping expenses because that is, far and away, the single largest area of operating expense that we are involved in. All of the other non-capital areas are dwarfed by the amount of money we spend on landscaping. We talked about the potential for cost sharing. Mr. Smykowski's reaction was that he would discuss it with his boss, Mr. Mudd, the County Manager, and get back with us. I will say that he was positive, although guarded, in his comments. Mr. Petty, is that a fair statement? Mr. Petty replied, "I believe so". Mr. Carroll stated, "I am kind of excited about the possibility of this happening". Sutphin replied, "I would not get too excited about anything happening". I always take the position that if you don't ask, you never give them the chance to say no. So, we are going to find out, but don't get your hopes up. 6256 Pelican Bay Services Division Board November 9, 2005 16! , Mr. Sutphin stated, "The second area we talked about is more operational". It deals with the hand off of selected Capital Projects to the Pelican Bay Services Division. The one project that stimulated me to bring it up was the horrendous experience we have had with getting the sidewalks fixed. It deals with getting some agreement that in areas where the County has responsibility, as they do for sidewalk maintenance, and they, for whatever reason, don't get around to getting it done, if we could work out a mechanism where we would pick up the responsibility for getting the job done and they would pay for it. Again, he agreed to discuss it and I have no assurances that we are going to get a favorable response, but again it doesn't hurt to ask. We left it that Mr. Smykowski will talk with the County Manager and he will get back to Mr. Petty and I assume that the next logical step would be another meeting. I will report anything of substance at our next meeting. Mr. Carroll stated, "I believe using the sidewalks is a good example". Mr. Lukasz has been working on this for an entire year and if he would have been running the project himself it would have been done. Mr. Sutphin stated, 'We have always had the option of doing it if we wanted to pay for it". What I am trying to get is an agreement that where it is the budgetary responsibility of a County department, they would allow us to do it and they would bear the cost. We will see what happens. SUB-COMMITTEE REPORTS CLAM BAY SUB-COMMITTEE CLAM PASS INLET Mr. Burke stated, "The Clam Bay Sub-committee met this afternoon with two main subjects, which was the Clam Pass Inlet and Beach Renourishment". We, along with the CAC, have been charged by the Collier County Commissioners to come up with a plan for the dredging of Clam Pass and the corresponding renourishment of Clam Pass Park Beach. The plan should be acceptable to all of the parties involved and those parties are Pelican Bay, the Seagate people and the Coastal Advisory Committee. Mr. McAlphin, the Coastal Project Manager of the County, works within the jurisdiction of the CAC and has been charged with putting this plan together. We have been working with Mr. McAlpin and got the Seagate people involved and they attended our 6257 Pelican Bay Services Division Board November 9, 2005 1611 . Clam Bay Meeting earlier. Conceptually, we have come up with the workings of a plan. I will allow Mr. McAlpin to take it from there. Mr. McAlpin stated, 'We were charged by the County Commission to come up with a plan that will renourish the park and handles your concerns for the sand on your beach". As a background, in 1988 you can see that the pass was moving towards the north and the beach was relatively straight. The general flow of sand in the County is from north to south. There is some sand build up, but not a significant amount. In 1999, the pass had changed a little because it is a very dynamic pass and changes, based on Mother Nature, and will continue to do so as we move forward. The beach is essentially straight. It was about this time that you had your mangrove die off because it was not getting enough tidal flushing. At that time you increased the mouth of the inlet about three times and did that because you wanted more saltwater coming in to flush the mangroves to keep them healthy. When you increased the mouth, you also created the dynamic for the pass. The dynamic for the pass is that it tends to build up a shoal on the outside. This is what you have now, which is a tremendous sandbar and on the opposite side there is approximately 200' where there is more beach on one side than the other. Essentially, what has happened is that the down drift sand. because of slower velocity, settles. Over the years you have built up 70,000 cubic yards. We know this because we do a survey every year that tells us how much sand has accreted each year. This picture was taken in 2005, but the information I am sharing with you is based on a survey that is two months old. The survey was taken right after Hurricane Katrina. Mr. McAlpin continued, 'We need to renourish the beach south of the pass because there is a lot of public on the beach and it is very narrow". It has been starved of sand because of what has been done with the dredging for tidal flushing. We have recentiy completed the survey and within the inlet area there is approximately 10,000 cubic yards of beach compatible sand and is sand that can be placed on the beach. In the shoal area we propose to dredge a box to get 20,000-25,000 cubic yards of sand. The dredging would be to a depth of approximately 5-1/2'. When we dredge the channel it will improve the tidal flushing that you have and will not hurt the mangroves. We have confirmation from a number of different sources that will validate that 6258 Pelican Bay Services Division Board November 9, 2005 ~'~ (~ f 1 ! i u .. statement. We need approximately 30,000 cubic yards to renourish the park area and we would get it from 10,000 cubic yards in the channel and 20,000-25,000 cubic yards of the shoal. When we dig the shoal area, over the next eighteen months to two years we are going to take 20,000- 25,000 from the beach that will move to fill up the sump area. From the area that has been built up by 70,000 cubic yards, we propose taking 20,000-25,000 cubic yards of sand, which will naturally move to fill in the sump area. Mrs. Kay Potter asked, "You keep saying "we". Will this be a mechanical or natural operation? Mr. McAlpin replied, "It will be either a mechanical or hydraulic dredge". There will be no equipment on the beach. There will be a piece of mechanical equipment, which will remove sand from offshore, but nothing on the beach. Mrs. Potter asked, 'Will the filling of the hole be a natural event"? Mr. McAlpin replied, "Yes, a natural event that will take place over a one to two year period". Mr. McAlpin continued, "Obviously there are concerns about taking sand off of Pelican Bay beach and using it to renourish the public beach". If there is more erosion than we thought, we are prepared to write into the conditions of the permit from the FDEP, that if erosion surpasses certain points, the beach will be renourished by the CAC and not by Pelican Bay. We have developed a baianced plan that addresses the needs of the beach and the needs of continuing to maintain the health of the mangroves; it straightens out the channel and continues to improve the flushing. We are trying to get conceptual approval by the Pelican Bay Services Division Board so that we can move forward to develop a specific plan. The safeguards will be built into the permit so that if erosion occurs past a certain line on the beach, it automatically triggers renourishment. Mr. laizzo asked, 'Would that be written into the specifications"? Mr. McAlpin replied, "It would be a condition of the permit". We are trying to come up with a solution that works with the entire area. 6259 Pelican Bay Services Division Board November 9, 2005 16 11 - .l Mr. Sutphin asked, "Does this have anything to do with the current beach renourishment permit"? Mr. McAlpin replied, "Nothing whatsoever; it is two separate issues". Mr. Sutphin asked, "Is the beach area, that now has an excess of sand, south of where we are currently going to renourish"? Mr. McAlpin replied, "Yes, much further south". This is Monument #42 and the area we are going to renourish is from Monuments #30 through 37. Mr. Sutphin stated, "I just want to make sure we are not spending money to put sand on the beach and then you wiil dig a hole so that our sand fiils it in". Mr. McAlpin stated, ''This is approximately one mile south". Mr. Roeilig stated, "The sand will move down to that area". Mr. Sutphin stated, "I thought this was the part of the beach that badly needed to be renourished, but the existing permit did not cover it". Mr. McAlpin replied, "The area indicated has always seen accretion over the last nine years and has never been considered for renourishment". Mr. Sutphin asked, 'What is the timeframe we are talking about"? Mr. McAlpin stated, "Our critical path is going to the State to get modifications to the existing permit, which we believe wiil take six months". We would like to continue to define what we are doing over the next six months to get the permit and go to the State. The renourishment will probably be next season. If everything goes weil, we are talking November 2006 to March 2007, with the reason being that we cannot renourish during turtle season. Mr. Spanier stated, "A number of Seagate and Naples Cay people seem to be focused on increasing the navigability of the inlet". With this current conceptual plan, the depths you referred to and the path and breadth that you refer to, will heavier boats be able to use that pass? Mr. McAlpin replied, "It has not been looked at from a navigational point of view". I wiil teil you that in ail of our discussions with the Seagate people, the navigation aspect has never come up. They are concerned about their areas of the estuary being stagnant. What they are 6260 Pelican Bay Services Division Board November 9, 2005 16 11 . looking for is more tidal flushing. That is the driving force for them. They have participated in this plan and have committed to what you see here. Mr. Burke stated, "From the beginning there has been no disagreement that Ciam Pass Park Beach needs to be renourished". Our concern was in removing that ebb shoai and how it would it affect the flushing of Clam Pass. Mr. Humiston has said that should not happen and in fact, this plan may increase the flushing. There probably are some differences between Mr. Humiston and Coastal Engineering to the extent to which our side of the beach may act to fili in the hole. As it develops, the plan will have a safeguard built in that at a certain point TOC Funds would be used to renourish that area. That is where we hope to head with this. Mr. McAlpin stated, 'What I am looking for is conceptual agreement by this Board that this plan is okay and the plan will be further refined". You will have your input into it every step of the way and at any point in time you can back out. If you back out, we take it to the County Commission and we work through whatever that means with the County Commission, I am not even addressing that at this point in time. You have the safeguards in here and what I need to do is go to the State and say that all of the stakeholders in this plan are committed conceptually to what we have. Conceptual approval is what I would like to receive today from your Board. Mr, Roellig stated, "It wasn't that long ago that the erosion on the north side of the beach exposed the mangrove roots". The sign is still there to be careful of the mangroves. Right now the roots are covered. Mr. Sutphin stated, "I did not think there was a surplus of sand". Mr. Roellig stated, "There is more sand there than there was before and the roots are currently covered, but the sign is still there". In my opinion, it is not prudent to make a long-range decision at this point in time. Another reason that there is sand on our beach is that we spent $130,000 two years ago to put it there. Now we are proposing to spend $1,000,000 to put sand on our beach, which will move to the south. I think we will be paying to mitigate any damages caused by this plan. I would feei more comfortable if the County would step up and come in with some cost sharing for the current beach project, rather than our having spent $130,000 a couple of years ago and $1,000,000 now, knowing that the sand is not going to stay there. Their plan is 6261 Pelican Bay Services Division Board November 9, 2005 1 ~ " ~ " . to build a sump to collect sand and then the sand would come from the beach and sandbars that we paid for. The other thing I think we need, that we don't have, is a good solid engineering analysis to see what engineering is behind this conceptual plan. Mr. Sutphin stated, "It sounds like a very complex scheme to move our sand to Clam Pass Park". Mr. Burke stated, "In that case, why say renourish a beach at all"? Mr. Domenie stated, "As you know I have had my reservations about this". The question I had asked was, if we don't agree with this plan, the CAC can still come in and say we are going to take it and dump it in the fill area without any guarantees or safeguards, is that correct? In effect, we have been given time to come up with a plan to safeguard our interests and if we don't come up with a plan, then the CAC can do whatever they feel is right without any input from us. Mr. Roellig stated, "I don't think that is true, they have to get through the State and the Federal Government". Obviously, any individual in this community can object. Mr. Carroll stated, "I sat in the Clarn Bay Sub-committee Meeting earlier and it appears to me that this is a conceptual study that we ought to support". I think there are a lot of checks and balances in it and 1 heard it said that if halfway through it appears it is not going in the right direction, we could blow the whistle and back out. It appears to rne that the Seagate people are very supportive. I think we have these three groups working together and it seems that we should take this step to get started. Mr. Sutphin stated, "It sounds like Mr. McAlpin is asking for the Board's willingness to listen to Phase II". Mr. McAlpin stated, "We need a commitment that you are committed to Phase I, to take us to the next step". Mr. Sutphin stated, "I am not sure I understand what Phase I is". Mr. McAlpin replied, "I would like to be able to go to the FDEP with this plan to say that all of the interested parties have reviewed Phase I and have agreed that, conceptually, they will support this plan. There is an understanding that there are checks and balances and that you can 6262 Pelican Bay Services Division Board November 9, 2005 16 '1 . pull out and that we are going to put safeguards in to assure that there is no excess erosion on the beaches". Mr. Sutphin asked, "Is there a document that says Ciam Pass Phase I"? Mr. McAlpin replied, 'What you see right here will be further developed and is the document for Phase I". Mr. Spanier asked, "Are you going to target the issuance of a permit based on this conceptual approval"? You are not asking for a provisional permit. Mr. McAlpin replied, 'We are asking for a modification to the existing permit of which In the existing permit, under special conditions, the qualifications that we have identified will be spelled out". To address the comments made earlier, of taking your sand, first of all we take 50,000 cubic yards of sand out of Wiggins Pass every other year and put it on the beaches. That sand also moves south to the Pelican Bay beaches. Secondly, there are about 10,000 cubic yards of sand a year that drifts from the north to the south. When this pass was dredged, It greatly interrupted the normal flow that would renourish the south beach and as a result, the shoal was created. The shoal is artificial and was not there in 1988 and 1999. This is a result of what happened when you increased the mouth of the inlet for flushing. We are not saying that is wrong, we are saying that is a natural consequence of the increase. We are looking at taking a portion of this sand and providing you assurances, that if you have excess erosion, we will deal with it and renourish the beach. I am looking for a start so that I can get the FDEP to tell us, from a permitting point of view, what the next step is. Permitting is the critical path. I need to be able to say that all parties are committed, at least in this phase, to move forward with this project and this seems to be a reasonable scope if everything happens the way it has been planned out. Mr. laizzo asked, "If they do not accept your plan and want to amend it, can that set you back another year"? Mr. McAlpin replied, "They could come back to us and say they are not going to modify the permit, we are going to require you to get a new permit". That would be a longer period of time. I need to flush them out. 6263 Pelican Bay Services Division Board November 9, 2005 16 r 1 . Mr. Roellig stated, "Several months ago the CAC authorized a study, but we haven't seen it". Maybe it is not completed, but I am not going to agree to a concept without looking at work that has already been done. Mr. Carroll stated, 'When I was in engineering, I had to put a stop to all of these studies in order to get something done". Mr. Burke moved seconded by Mr. Spanier and approved on a vote of 7/2 to accept the Phase I conceptual plan and move on to Phase II. Messrs. Domenie and Roe/lig cast the dissenting votes. BEACH RENOURISHMENT Mr. Burke stated, 'We do not have a lot to share about renourishment since Hurricane Wilma, but Mr. McAlpin can you share what we have"? Mr. McAlpin stated, "After Hurricane Katrina we did a survey and the quantities for erosion were much larger than we thought they were going to be". I do not have the exact number with me, but originally we thought it was going to be 36,000 cubic yards, but after the storm we said it was going to be 41,000 cubic yards. We have currently taken a survey of the beach after Hurricane Wilma and the results have not been tabuiated. The data should be available within the next two weeks and we will share it with you at your next meeting. At that point in time we will need some decision as to what level of renourishment you would like to see. HURRICANE DAMAGE TO THE MANGROVES Mr. Burke stated, "The only other subject we had was a hurricane damage report from Mr. Lukasz and it was agreed that the trees that are blocking channels and creeks will be removed", We will also clean the downed trees immediately along the edge of the mangrove forest. BUDGET SUB-COMMITTEE HURRICANE WILMA COSTS - AFFECT ON FY 2006 BUDGET Mr. Sutphin explained, "As previously reported, the estimated cost of the Hurricane Wilma clean-up is $165,000". This will not require going back to the property owners for a special assessment. My recommendation is that we complete the clean up and then take a 6264 Pelican Bay Services Division Board November 9, 2005 1 h , 1 . separate look at the community and come up with a cost to replace whatever is prudent to be replaced and treat that as a separate Capital Project, that is not funded in the current budget. Depending upon how much we feel is prudent to spend on tree replacement; at that point there may be a need to go out for a special assessment. We will take a look at that when the time comes. FY 2005 YEAR END RESULTS Mr. Sutphin stated, "The final year end numbers are in". Our operational spending was favorable to the budget and to the forecast that was used to compile the Fiscal Year 2006 Budget. I focus on the cash that shows that our Operating Fund Balances were favorable to both budget and forecast and I was provided an update prior to the meeting. There was a refund of approximately $30,000 from the Property Appraiser and Tax Collector's office. I suspect their spending was less than their budget and they returned the excess funds. We are $30,000 better off than we thought we were. Mr. Domenie asked, "Do we have any idea what portion of the $160,000 can be reclaimed from FEMA"? Mr. Sutphin replied, "I don't and It is almost not real world". We have not gotten paid from Hurricane Charley, but at some point we will get it back. If you don't have the cash in the bank you can't do anything, so whatever might be reimbursed for in the future is great, but academic, from the standpoint of getting anything done. Mr. Carroll stated, "I called Ms. Smith and asked when the forecasted expenditures occurred in order to reach our Budget in June and she explained that the forecasting was done in February". Mr. Sutphin stated, "The forecasting was done to form the basis to put together this year's budget". Our performance was "x" dollars better than iast year and it was about one-half that much better than the forecast. In other words, we always do better, because it is impossible within the County system to overspend the budget. Therefore, I think all of the budget items are deliberately padded, ever so slightly, so that they never get overspent. Ms. Smith stated, "I disagree". We really try to do our best. 6265 Pelican Bay Services Division Board November 9, 2005 r"'"~ 6 ., ~ ,.j J, ,"" ~ j . Mr. Sutphin stated, "I agree, but the reality is that if you run out of pencils in June, you don't write until October if you can't buy any more pencils". Ms. Smith stated, "But the excess you are seeing is used to reduce next year's assessment" . Mr. Sutphin stated, "One of the things that has been pointed out is that this year we reduced the assessment by $300.00 and we stripped the reserves out". Yet, we are getting through a fairly major hurricane and we are going to have enough to pay for the clean up. It is not fat, but there is enough cash there to pay for it. I think we need to watch the cash. I don't think your money belongs in the County's bank account; it belongs in your bank account. FY 2007 STEP I PLANNING MISSION OBJECTIVES Mr. Sutphin Stated, "Although we just started Fiscal Year 2006, it is time to get into the first phase of planning for Fiscal Year 2007, which is the approval of the Mission and Objectives". I don't recommend any changes to our current Mission and I would suggest that if any Board Member has a suggestion for change that it be submitted to Mrs. Smith. I will collate the suggested changes and they will be discussed at the December Meeting. Mr. Carroll stated, "I support that". This Mission, along with the Objectives, were created several years ago and we have new Board Members who did not participate at that time and I would encourage you to do what Mr. Sutphin is asking. Mr. Sutphin stated, "I have recommended an additional Objective, simply because annexation will probably be on the ballot". If it is approved, this Board should certainly have an objective to orchestrate an orderly transfer of responsibilities to whatever organization takes over for what we do. OAKMONT LAKE PROJECT Mr. Sutphin explained, "As a result of the October Meeting, I wrote a letter to the Pelican Bay Foundation asking if they wanted the Pelican Bay Services Division to undertake a Capital Program on their property". The text of my letter and their response was included in your agenda package. They responded positively and have appointed Mr. Merlin Lickhalter as their 6266 Pelican Bay Services Division Board November 9, 2005 1611 . representative. I am recommending that Mr. Petty, in conjunction with Mr. Lukasz, be our interface with the Foundation. My further recommendation is that we establish an initial estimate of what I wouid call the "bedrock costs" of replacing the wall. Then, cost out incremental additions that might be desirable, assuming the Foundation and the residents affected by those improvements concur. I differ with what was said earlier in terms of getting public input on the desirability of these. I don't think that is our job. This is Foundation property and I think it should be their responsibility to tell us if the spending is in the best interest of their constituents. Mr. Carroll asked, 'What is base costs"? Mr. Sutphin replied, "Bare bones, fix the wall and move on". Mr. Carroll stated, "But to fix the wall, you still have to make the decision of whether you replace it with railroad ties or different materials". Mr. Sutphin stated, "I will leave it to Mr. Lukasz as to how he comes up with the cost estimates". He may want to propose two alternatives, such as treated wood and stone. 1 would like to iook at this in chunks. In discrete approval of chunks, so that we do not get hung up in looking at one program that is $1,000,000-$1,500,000 or whatever the number turns out to be. I want to see something like $300,000 to replace the wall and for another $200,000 you get the walkway repaved, etc. Mr. Spanier stated, "I think we have to discuss this a little". I think that there is a good deal of misconception on the Foundation's part and maybe within our own Board. The notion that is evident in this correspondence is that the Oakmont Association speaks in some way, or reflects the desires of the people who are the customary users. Mr. Sutphin stated, "I didn't say that". Mr. Burke replied, "I think Mr. Spanier is referring to the correspondence". Mr. Spanier stated, "This back and forth has led to Mr. Seblatnigg suggesting that Ms. Crum, who is the Chair of what is a social club called "The Oakmont Association" and to which only a fraction of Oakmont owners belong, assist. Oakmont is only one of ten neighborhoods that surround that lake. If the desire of the Foundation is to respond to the wishes of the people who use this facility, then Mr. Lickhalter is going to have to tap into the various communities. I think 6267 Pelican Bay Services Division Board November 9, 2005 1 h 11 . we have to first clarify with Mr. Seblatnigg that he is misunderstanding the nature of this neighborhood. If he is seeking to get resident input, he has to deal with the reality, which is ten significant communities, only one of which is the Oakmont Association. Mr. Sutphin replied, "I don't disagree". What you have said is that Mr. Lickhalter needs to do A, Band C, of which I totally agree. It's the Foundation's property. Mr. Spanier stated, "The residents of the Waterford or Barrington Estates area, come to this body to complain about a deficiency in the wooden structure". Mr. Sutphin stated, "The bedrock cost will address that portion of the problem". Mr. Spanier asked, "Have you walked that section"? Mr. Sutphin replied, "No, and 1 don't intend to". Mr. Spanier stated, "There is no retaining wall there". There is a two or three railroad tie high border around some of the landscape. The project will be laughed off the face of the earth if it is introduced as a $500,000 or $1,000,000 project. There is a need to replace the rotten ties in the bordering structure with Ipe, or whatever it might be. It seems to me that the people who are backing up to collaborate on this issue are making a mountain out of a mole hill and will once again precipitate the kind of firestorm that we saw in the area a while ago. People are not going to be sophisticated enough to distinguish between our Board, the Foundation and who is responsible for doing what, including spending the money. I don't want this Board to get into the middle of that. I am saying, leave it in the hands of Mr. Seblatnigg. Mr. Sutphin stated, "That is what I said". Mr. Carroll stated, "The maintenance aspect is covered by Phase I, the repair of the minimum bedrock base fix". Beyond that, it gets into enhancements. Mr. Burke asked, "Let's say we weren't going to replace railroad ties with railroad ties and were are going to put in Ipe ties or stone, would the Foundation buy the material and we provide the labor"? Mr. laizzo replied, "No". They would provide us with the kind of design they would like and we will assess everyone, individually, to pay for it. 6268 Pelican Bay Services Division Board November 9, 2005 ...~ . Mr. Sutphin stated, "Unless this Board votes to reverse our historical practice of paying for work on Foundation property, I would not even address that". Mr. Burke stated, "To support what you are saying for Phase I, hurricane week I decided to go over and walk the lake". Like you, I have never been there and it is not easy to get to. Because I was cleaning out old Minutes, I came across the original notes from three or four years ago when Ms. Johnson-Fogg was here and all that was ever was said was "fix the wall". When I walked the lake I ran into homeowners whose property abutted the water and people from Laurel Oak who were walking and I chatted with them. "Fix the rotted railroad ties", is all they said. Mr. Sutphin stated, 'When we get to the reality here, it may put a lot of this behind us". To get to Phase I and I believe Phase I is going to be pretty modest, there is no money in this year's budget to do anything. Whatever we are talking about for Phase II, III or IV is, at a minimum, Fiscal Year 2007, by which time, it is conceivable and even probable, that we won't be here any more and it will be somebody else's problem. At the end of the day, it is the Foundation's problem, beyond the maintenance of the water management easement it is not our problem and I will not go down that path again. We were criticized for doing things that the people around Oakmont Lake do not want us to do. Mr. Boland asked, "I agree with what you are saying and don't you think it would behoove us to have a representative from this Board work with Mr. Petty to show the community that we do have a concerned interest"? I realize that this is a Foundation problem, but it appears as if we are almost punting and say we are going to nominate our Administrator to handle it. 1 think it would show good faith to the community if one of our Board Members worked with Mr. Petty on the project. Mrs. Johnson-Fogg stated, "It is extremely frustrating, because we are now at the point where we were at the last meeting when somebody said it is not our responsibility". At that time I said, if that is the case I would call Mr. Kinney and talk to him and everybody here said no, don't do that, we are sending him a letter to take care of this. I called Mr. Kinney because the Foundation and this Board just don't seem to work together and as a resident it is very frustrating to try to volunteer when things need to be done in the community because of no one taking 6269 Pelican Bay Services Division Board November 9, 2005 16 11 , responsibility. Somebody needs to step up and say we are going to work together on this issue and we are going to get this job done. It has been on the books for five years and the wall is falling apart. Last meeting I was told that you couldn't do this bedrock fix to shore up the wall. I went out and took pictures of what I was told to go look at and various stone walls that I thought the neighbors might approve and that I would be able to support you on. I have been here for two hours and you are right back to it not being our responsibility and the Foundation needs to do it instead. If that is the case, I will go to the Foundation and I will go to the Foundation Meetings and if they say it is not their responsibility, I am putting a letter in the Pelican Bay Post, which I have already considered doing to get some resident support. I will put a letter in the Post and say this does not work, our current system does not work and I support going into the City and perhaps they can get it figured out, if that is what it is going to take. I am telling you that I am willing to spend some time on this, but I am getting nowhere. Mr. Burke replied, "I think we are there". Mrs. Johnson-Fogg asked, 'Where are we"? Mr. Burke replied, "The Foundation is going to tell us what to put in". Mrs. Johnson-Fogg stated, "That is not what they told me", Mr. Kinney told me on the phone that he was sending a letter back that this was going to be done. He said to me that the Pelican Bay Services Division is going to get community input on this. He did not say he was going to get it and, therefore, what is your input? He got my input, but he did not say they were going to do it, he said you were going to do it. Therefore, I am back at this meeting wondering how you are going to do it and saying that I will help you with this if you need help. I can hand out flyers as I walk around the lake. For you to sit here and now say that you really want the input to be from the Foundation, I think that is shirking your duty. Mr. Sutphin stated, "I wrote the letter and my response came from Mr. Seblatnigg and not from Mr. Kinney". Mr. Johnson-Fogg said, "Okay, one more person to talk to". I can call Mr. Seblatnigg if that is what you want me to do. Mr. Sutphin replied, "No, Phase I does not require the Foundation to do this". 6270 Pelican Bay Services Division Board November 9, 2005 1 h '1 - . Mrs. Johnson-Fogg replied, "According to Mr. Lukasz, you cannot replace the rotted ties with creosote railroad ties, so there is no Phase I". Mr. Sutphin replied, "No, we can put pressure treated lumber or something else in there". Mr. Lukasz will come up with a cost estimate by the next meeting. Mrs. Johnson-Fogg replied, "If you are going to do it piecemeal, by placing different types of materials around the lake, you will get comments back from the community". Nobody is expecting that. The wall has rotted so badly in most places, that nobody is going to expect one section to be treated lumber. Mr. Sutphin stated, 'What I expect to see a month from today is a cost estimate for pressure treated lumber and a cost estimate for the replacement of the wall with a long life material, ala stone, with no enhancements beyond replacing the wall". Mr. Domenie stated, "This has to go through a bidding process". Mr. Sutphin replied, "An estimate does not". Mrs. Johnson-Fogg asked, "Are you putting pressure treated lumber in between the rotten ties"? I have looked at what has been done and this is where you need community input and not just from me. Mr. Domenie stated, "The letter reads that I have discussed this project with the President of the Oakmont Association, who will support our efforts and will assist with necessary community involvement". Mr. Johnson-Fogg replied, "I don't live in Oakmont". I am just about done. I have put in many hours and have gotten nowhere with this issue. The Oakmont Association, whoever they are, can be in charge of it, but you are going to get the other nine neighborhoods here, at the Foundation or maybe even at the City. You are not listening. I have tried so hard over these past three months to come here and offer suggestions. I have worked with Mr. Lukasz and I think they have done a great job, at least cleaning up the area so that it doesn't look as bad as it did, but you can't just keep saying that it is not your job. It has to be somebody's job and I will be writing in the Post that it appears that it doesn't beiong to anybody and we need some community input, meaning fifty more people in here in seats, which I can probably arrange. 6271 Pelican Bay Services Division Board November 9, 2005 161 Mr. Domenie stated, ''That would be very good". Mr. Burke asked, "If we come back with three prices, one for pressure treated lumber and two for stone of some kind, then the community input would be their selecting the color of the wood or stone, is that what you are saying"? Mrs. Johnson-Fogg replied, "Yes". From what I understood at the last meeting, the railroad ties are out. People do not know that and are still thinking to just put them in because some new ones have already been installed. People are seeing the railroad ties that the neighbors paid for, being put in and thought that they can just be replaced and why aren't we doing that? Mr. Carroll stated, "The plan is to get these estimates and present them at the next meeting". I would encourage you to come at that time. Mr. Burke stated, 'We have already told you that even though it is not our property, we are going to pick up the bill". Mr. Sutphin replied, ''That is not the issue". Mr. Johnson-Fogg replied. "I think that whoever is in charge of it should get a community committee together and alleviate the probiems that you had before". I know that you don't like working with the community, but I think it would alleviate the problems that you had the last time. If you have community support they can write in the Post and explain what you can and cannot use and provide the costs and a recommendation. I think you will get a lot further with it that way. Mr. Carroll asked, "Mr. Lukasz, is there anything with your portion of the Agenda that cannot wait? Mr. Lukasz replied, "No, most of it is self explanatory". MR. CARROLL LEFT THE MEETING AT 5:00 p.m. AUDIENCE COMMENTS Mrs. Kay Potter - Member of the Mangrove Action Group - "I am begging you that before you finalize Phase I for the dredging of the inlet, be more sensitive to the needs of our mangrove forest". As you know this recent hurricane has stressed them terribly and they were already stressed. I fear that not enough emphasis has been placed on what the sand removal will do to 6272 Pelican Bay Services Division Board November 9, 2005 1'6" II . . the channels in the mangrove forest. We have one terrible example that is right beside the Ciam Pass Park Boardwalk. Last year Hurricane Charley filled up one of the channels with sand. No one knew about it because it was an obscure channel and we did not find out about it until the mangroves started dying. Now we have over an acre of dead mangroves. It is not a matter of dying immediately; it is a year later before it becomes apparent. I am not satisfied and I wish I had a background that could talk more seriously to you. You know so much more and I wish you would think about it, not from renourishing the beach, but from what it will do to the mangroves. The plan you are seeking to modify is for the preservation and maintenance of the mangrove forest. Mr. Burke stated, "Starting with the FDEP representative that was here for the workshop, he told the CAC people how impressed he was with the progress that was made and he said any request you make for a permit modification will be looked at very sharply". Everything has to go through the FDEP. Mr. Humiston is comfortable that this dredging will have a positive affect on the mangroves. He feels that it will improve the flushing. Mr. Lukasz stated, "Mr. Humiston was more concerned about the erosion of the beach and not the pass". Mr. Burke stated, 'What Mr. Humiston is seeing now, he is okay with". He told us all privately that he is okay with it and his attention is turned more to the erosion of the beach. It is because of Mr. Humiston that we are going to build in the safeguards. Mr. Domenie stated, "Didn't he also say that he is in the position that he is wearing two hats"? Mr. Roellig stated, "The CAC authorized $34,000 to do a study a few months ago and they have waffled on what that study came up with and will not produce it". I am very suspicious when somebody spends that kind of money and says here are a couple photos; let's see how you like this analysis. You can't sell that to me. You need to get that study and to have it reviewed properly because you are buying a pig in a poke. Mr. Sutphin asked, "Is it our sacred duty to preserve the mangroves or it is our sacred duty to keep man from interfering with nature as it relates to the mangrove"? It is very different. 6273 Pelican Bay Services Division Board November 9, 2005 \1 f .d. \...,; u ".:. .) Mr. Roellig stated, 'We interfere with the mangrove, we make them better". Mr. Sutphin replied, "I have a problem with that, I really do". Mr. Roellig stated, 'We are trying to mitigate the damage". Mr. Sutphin stated, "I would object to spending money to pick up debris caused by nature on the interior of the mangroves". That is not conservation. Mrs. Potter stated, "When you move sand, as we did last year, you blocked channels that resulted in the death of over an acre of mangroves, which we did not know about". Mr. laizzo stated, "I thought the dredging would help the flushing". Mrs. Potter stated, "There was not much mentioned about mangrove maintenance when this gentieman was talking about moving sand". It was said that "if" we found that the affects were not beneficial then he was going to put some sand back. By that time you will have more dead mangroves. Mr. Sutphin stated, "I personally question the whole science of beach renourlshment". voted to support spending $1,000,000 simply because I felt if we didn't, we would subject ourselves to severe criticism by the community. I don't buy it and I don't believe in it. Mr. Roellig stated, "If you had been here twenty years ago when there were no beaches you would believe In it". ADJOURN There being no further business the meeting adjourned at 5:15 P.M. James Carroll, Chairman 6274 16' 1 . PELICAN BAY SERVICES DIVISION BOARD MEETING December 8, 2005 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, December 8, 2005 at 2:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: ALSO PRESENT: Four (4) Pelican Bay residents; Mr. Todd Turrell, Mr. Tim Hall and Ms. Kara Cave, Turrell & Associates; Mr. Ken Humiston, Humiston & Moore; Deputy Carmine Marceno, Collier County Sheriff's Department; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services D~lsiftn; and Mrs. ~ Barbara Smith, Recording Secretary , la a ~_/ Halas _ - _ AGENDA Henning_ Coyle ~_ I. Roll Call Coletta ,/ 2. Approval of Minutes of the November 9, 2005 Board meeting 3. Audience Participation 4. Clam Bay Annual Report - Turrell & Associates 5. Chairman's Report Hurricane Follow-up Oakmont Wall Bike Lanes - Mr. Spanier PBSD Commercial Member Situation Sub-committee Reports Budget Sub-committee Review and Approve Mission and Objectives Oakmont Lake Project Review Alternatives Select Preferred Alternali ve "Fair Share" Cost Sharing - Update Status Clam Bay Sub-committee Clam Bay Annual Monitoring and Improvement Schedule Clam Pass Inlet Beach Renourishment Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements System III & IV Retention Area Improvements - Test Area Commuuity Issues U.S. 41 Street Lighting Sidewalk Overlays Hurricane Charley Storm Damage Committee Requests Audience Comments Adjourn Mr. James Carroll, Chairman Mr. Christopher Sutphin, Vice Chairman Mr. M. James Burke, Vice Chairman Mr. John Boland Mr. John Domenie Mr. John laizzo Mr. Matthew Mathias (Absent) Mr. David Nordhoff Mr. David Roellig Mr. Donald Spanier Mr. Edward Staros (Absent) 6. 7. 8. 9. 10. Misc. Corres: Date: ltem#: 6275 COpies to: Pelican Bay Services Division Board December 8, 2005 i r i'l 11 - . ROLL CALL Mr. Carroll asked that the record reflect that all members are present with the exception of Messrs. Edward Staros and Matthew Mathias with excused absences. APPROVAL OF THE MINUTES OF THE NOVEMBER 9. 2005 REGULAR MEETING Mr. Sutphin moved, seconded by Mr. Domenie and approved unanimously the Minutes of the November 9, 2005 regular meeting. ------ ---~-~-~~ AUDIENCE PARTICIPATION There were no comments from the audience. CLAM BAY ANNUAL REPORT - TURRELL & ASSOCIATES Mr. Tim Hall provided a detailed PowerPoint summary presentation of the Clam Bay Annual Report for 2005, which will be sent out to the agencies. Mr. Hall stated, "In conclusion, the overview for 2005 is that the mangrove system continues to respond very well to the measures undertaken to promote stability and regrowth". Continued efforts are needed to quantify the response to measures that have been taken, and to make sure that the measures implemented are maintained in the future to continue the recovery of the mangrove die-off areas. The outlook for 2006 and beyond is optimistic and indications are that the majority of the System is on the road to recovery. I am very happy with the direction of the System. The System has handled the last two hurricanes very well and we are still seeing regrowth. Mr. Carroll asked, "Last year we talked about anticipating the renewal of our permit, are we doing anything in that area at all? Mr. Hall replied, ''That will be included in your upcoming budget talks for next year". Mr. Spanier stated, "I am very impressed with the extent of accomplishment and the fact that as a community we are on the cutting edge of an initiative that is unusual in private communities". I believe we ought to prepare a significant report to the community for placement and emphasis in a special edition of the Pelican Bay Post, reporting the return that the community is now beginning to get on this very sophisticated and major $4,500,000 investment. It is an 6276 Pelican Bay Services Division Board December 8, 2005 .", 6 ' 1 - ~ '_~ " excellent illustration on the way in which the County and Pelican Bay have collaborated in achieving something of great value to us as individual property owners. Mr. Carroll replied, "I think that is a good idea and would fit into Mr. Petty's idea of special newsletters" . Mr. Spanier stated, "I would like to work on that with Mr. Petty on behalf of Clam Bay". Mr. Hall stated, 'We have previously talked to this Board about our Green Home Services Program and rather than take any more time now, we would like to get it on your next agenda". We could provide you with an update of where that program is and try to explain how we would like to get the entire community involved with it. Mr. Hall stated, "Ms. Kara Cave, my assistant, is going to be leaving us soon". I wanted to take this opportunity to thank her for all of the help that she has been in the last couple of years with our work in the Clam Bay System. CHAIRMAN'S REPORT HURRICANE FOLLOW-UP Mr. Carroll stated, 'We continue to get compliments for the work that our staff has done". Further down on the Agenda Mr. Lukasz has a report on the Hurricane Charley storm damage. was focusing more on Hurricane Wilma and the aftermath of that storm. OAKMONT WALL Mr. Carroll stated, "I am not going to dwell on this item in any detail because it will be covered under Mr. Sutphin's agenda". BIKE LANES - STATUS REPORT - MR. SPANIER Mr. Spanier stated, "I have a meeting scheduled for Monday with Mr. Lickhalter and the people in the Engineering Department of the County who are now responsible for the bikeway, walkway and greenway activity". I have explained to them that we want to revisit this project that we went through two years ago, in iight of the updated traffic counts and also to review the problems with the work crews and traffic controis. The lady in charge of this position has told me that it would be very important to know the community's viewpoint on this issue. I said, interestingly, we have had a great deal of discussion on the matter of community opinion and the various structures we have here of gathering that input. I told her that Mr. Lickhalter would be 6277 Pelican Bay Services Division Board December 8, 2005 16/1 . representing the Foundation and that I am working on behalf of our Board and that both organizations will cooperate at the appropriate time on gathering fresh data on the community's desires. I think we should keep that in mind. Mr. Spanier stated, 'We have our first major meeting on Monday". Mr. Lickhalter is on board and I think he is happy that we are continuing to work with him. I will be interested to hear what Mr. Sutphin's experience is in working with Mr. Lickhalter on the Oakmont Lake project. Mr. Nordhoff asked, 'When you are discussing biking, can you ask about biking on sidewalks versus the roadway"? I know of peopie, myself included, that have almost been run down on the sidewalk. I don't believe that in the State Rules, that were just published in the Pelican Bay Post, that there was any reference to biking on the sidewaik and whether it is permissible or not. Mr. Spanier replied, "That is a very good question". I spoke of some of the near accidents we have had both on the sidewalks and the roadways. There is going to be some dissemination of information. Mr. Burke stated, "If we decide that we want the traffic shut down to one lane on Pelican Bay Boulevard, could we automatically do that"? Would there be levels of approvai that we would have to go through? Mr. Spanier replied, "Where there is a will, there is a way". I think the County is being extremely responsive and attentive to what it is that we want and need. Mr. Petty stated, "First, I have to tell you that you have pathways and not sidewalks". have been here and they were constructed as pathways and that is why they are asphalt and not concrete, they meander and are not straight. Some are located in the road rights-of-way and some are not. In the beginning of the development, they were designed for multiple uses and advertised as such. That does not mean that you cannot consider rules at this stage that would limit the use to what you would consider to be fair, healthy and safe. In the beginning it was opened to all types of use, including bicycling and that was the way that you could experience a slow bicycle ride in a scenic area. The design of the rights-of-way within Pelican Bay are such 6278 Pelican Bay Services Division Board December 8, 2005 16/1 . that there were windows of nature that were opened at the various turns, where you would get the view down the lake and the pathways were designed with that intent. Mr. Domenie stated, 'We are not talking about Hammock Oak, we are talking about the bike paths along the highways". Mr. Petty replied, "I am referring to Pelican Bay Boulevard". Mr. Carroll stated, ''This was brought to our attention early on by a resident who had been here longer than most of us". She told us that those were not sidewalks and it surprised everyone and we moved on and ignored it. I am not sure we want to start talking about changing these all to sidewalks and spending a million dollars. Mr. Sutphin stated, "Maybe we change the name of the project from "Sidewalk Overlays" to "Pathway Overlays". Mr. Carroll stated, "Mr. Petty has said that you can aiso have pathways designed to have bicycles and not to have bicycles". Right now, I think anything can use those paths. Mr. Petty stated, "On the East Coast, where I live, it is more crowded and the issue of bicycles and fitness is very strong". In a number of communities they are building bike lanes on two-lane divided roads, similar to Pelican Bay, where you do have room for a bike lane. What they have found is that it is actually more dangerous to do that, than leaving the bikers in with normal traffic under the standard laws that exist today. When there is a turn lane, the turn lane and the bike lane cross and there is no signage showing right-of-way. A bicyclist is riding along in the painted lane thinking he is safe and there is a motorist making a right hand turn, thinking he is following the law and their paths intersect with no signage. It is less safe under that scenario. We have found that some of the options that are coming up are not as safe as the laws we knew when we grew up, which is you take your bike and go in the street, maintain the laws, signal when you turn and have reflectors and lights on at night. Mr. Carroll stated, "Mr. Spanier, Mr. Petty just made the entire problem a whoie lot more complicated". Mr. Nordhoff stated, "I was concerned about bicyclists using the pathways and endangering the pedestrians". The excuse that I get when I speak to them is that the roadway is 6279 Pelican Bay Services Division Board December 8, 2005 1611 . dangerous. I guess that is true, but I would certainly like it if we could find a way to keep the bicyclists off of the pathways. Deputy Carmine Marceno, Collier County Sheriff's Department - "The bicyclists have been an ongoing problem and an issue inside of Pelican Bay". I want to research the Statute. We have had a number of problems with pedestrians on the sidewalks as well. It is up to the discretion of each individual to determine if there is a hazard. If I am a bicyclist and I determine that the roadway is hazardous, then I am able to access the sidewalk and when I feel the hazard is behind me I can go back onto the roadway. A bicyclist is not supposed to overtake a pedestrian as far as their walking. Our main concern with the bicyclists has always been at Gulf Park Drive and Pelican Bay Boulevard. They pack in groups of twenty-five or more riders and go through that intersection at twenty to thirty miles per hour, which can be a serious hazard. As we all know, a pedestrian or bicyclists is no match for a motor vehicle. Mr. Nordhoff stated, "The group that I have encountered have been very careful and they maintain their own standards by calling "car" or '10 the right" etc". It is the one cyclist that says "I am passing on the left" and they are going maybe ten miles per hour with no concern about the pedestrians at all. You also have the others who say they are not going out on the roadway because they have children and the children are on their bikes wobbling all over the place. Deputy Marceno replied, "We have been monitoring the bicyclists very heavily". They generate a lot of complaints from Pelican Bay. The cyclists that are in the large group are the ones that generate the most complaints and when they travel twenty-five to thirty miies an hour they can be a serious hazard. We are on top of that and will keep track of everything we do. You can contact me at 793-9526 and I will handie those calls personally. Mr. Spanier stated, "I will be talking with you a great deal". PBSD COMMERCIAL MEMBER SITUATION Mr. Carroll stated, "It is the end of the year and time to start thinking about people who are going to run for the available positions on the Board". We have developed an issue with the Commercial Member situation. You can see that they are not here today and I have talked with Mr. Mathias, to find out whether attending our meetings is on his priority list. Mr. Mathias told me 6280 Pelican Bay Services Division Board December 8, 2005 16 , 1 . that yes it is, but it is the third priority on his list and most of the time priorities one and two mean that he cannot attend the meetings. While speaking with Mr. Mathis, I have tried to carry this forward and one suggestion that has come up is a possibility. Using the Ritz Carlton Hotel as an example, to have the Ritz appoint some senior people on Mr. Staros' staff to be a direct connection. The same could be done with Waterside Shops by taiking with the Forbes Company. Mr. Harrell, who was a former member of this Board, was the Manager of Waterside Shops and was a very good member and did not have this kind of problem. I am opening this issue for any suggestions or comments. I was trying to talk to Mr. Staros ahead of time, but could not reach him as he was out of town. I think we need to recognize that it is very important to have commercial representation, because they are a significant part of our community and pay significant tax dollars. I think we need to find a better way to have this base covered. Mr. Nordhoff asked, "Could they be asked to send a representative when they personally cannot make the meeting"? Mr. Carroll replied, "My guess is that would not be legal". Mr. Petty stated, "Under the current Ordinance, it is assigned to an individual and it is a person that is appointed". What you are talking about has been done elsewhere and is one where we would have to seek a change in the Ordinance to do so. In my opinion it is a small change, where you appoint an institution. Since they are living under a dynamic situation where responsibilities change, they still think this is highly responsive and they want to send somebody to us, but right now they are not permitted to do so. Mr. Nordhoff stated, "A representative could take the word back to a chosen person and get some feedback and be the go between". Right now they are not getting any input, except through the Minutes, which could be a month later when they read them. Mr. laizzo asked, "If there is a motion on the table how does that get handled"? Mr. Petty replied, "If you were to get that small change in the Ordinance, they could vote". Whoever would be sent here by that organization would be empowered to represent them. Mr. Sutphin asked, "Are you saying that a corporation would be appointed to a seat on this Board, rather than an individual"? 6281 Pelican Bay Services Division Board December 8, 2005 16/ ] . Mr. Petty replied, "Yes, sir". We are not going to a qualified elector in this case. In the beginning it was only business entities that were supposed to do the voting and it turned out they were not voting and we had to do appointments. You are appointing a non-electorate anyway. Togo with an institution to allow them the ability to assign that responsibility, the way they delegate all of the responsibilities in their business to the qualified people, wouid enable them to have the representation here on this Board. Mr. Carroll asked, "Are you saying that we can't do that right now, but a small change would permit that"? Mr. Sutphin asked, "Has the revised Ordinance been submitted"? Mr. Carroll replied, "Yes". Mr. Domenie asked, "Has it been approved by the Board of County Commissioners"? Mr. Carroll replied, "It is going before the County Commission next Tuesday". We can always make another change and what Mr. Petty is talking about is a small change. Mr. Spanier stated, "I recall a couple of years ago, in connection with commercial representatives to the Foundation, that there was an association that the commercial entities had put together in order to coordinate their leverage on the Foundation Board. It comprised the Registry, the Ritz and the spokesman for the commercial voting properties. Is that association still in existence? Mr. Carroll replied, "They used to be and I have only heard about it". You know more details than I do about it. Mr. Spanier replied, "If there is such a group, that might be the way to fill the commerciai seats on th is Board". Mr. Burke stated, "They are without representation, is that a new phenomenon"? Mr. Carroll stated, "it is also interesting that they are not elected, they are appointed". There is no process in our ordinance for electing our commercial members. Mr. Petty stated, "On this body they were able to get a voice, but we were limiting them by appointing a single person in the organization whose day may be up to fourteen hours long and they can't afford to get here". Their voice is important and I believe strongly that they should 6282 Pelican Bay Services Division Board December 8, 2005 16'1 . have a voice. If you find it within your means to make it available so that they can attend, I think it is to your benefit. Mr. Carroll asked, "Mr. Petty will you draft something for me and I will take it to the Board"? I will take it to the Commissioner to see if we can get a simple change made to the Ordinance, which would permit doing what you are talking about. Mr. Burke stated, "You also need to find out if there is an active group that we can talk with". Mr. Spanier replied, "They may want to put it together". Mr. Boland asked, "Could this be expedited as an Amendment to the Ordinance that is already going through the system"? Mr. Carroll replied, "No, this will be a separate Ordinance change". Mr. Petty stated, ''There is a long term issue here in that they can get a membership amongst the commercial group". We could appoint one block and have one deep barrel to pick from. We can just change two or three words in the sentence and allow these people to delegate, but we will stili go through the appointment process. Mr. Carroll stated, 'We will bring that change back to this Board as soon as we have more information". SUB-COMMITTEE REPORTS BUDGET SUB-COMMITTEE REVIEW AND APPROVE MISSION AND OBJECTIVES Mr. Sutphin stated, "At last month's meeting I presented the existing Mission and Objectives and asked for Board Member input for any suggested changes". The only response I got was from Mr. Carroll". There were no recommendations on changing the Mission and I see no reason to change it, In that our job or focus has not changed. Mr. Domenie asked, "Do you want to take the last objective about annexation out"? Mr. Sutphin replied, 'We are not there yet". Mr. Carroll stated, 'We will plow into that later", Mr. Sutphin stated, ''The underlined text denotes a change from what has been currently in use". The first objective is an addition and makes absolute sense. The District 2 County 6283 Pelican Bay Services Division Board December 8, 2005 1"" Commissioner is our elected representative in the County Government. What I think is being advocated here, is to do whatever is required in getting our fair share of mind. I see no reason to not want to do that. Mr. Sutphin stated, "The second objective commits to writing, what I think should have been our intent all the time". That was to activeiy solicit input from both the Foundation and the Pelican Bay Property Owners as to what operational and capital programs this organization should consider. That does not mean that they tell us what to do, but it does mean that we would actively solicit their input, particularly during the budgeting process. That way we would not get hit with something mid-year, that they feel is highly desirable and one that we had not heard of prior to the budgeting process. Mr. Domenie asked, "Shouldn't that be item number one"? Mr. Sutphin replied, "I don't care what order it is in, they are all objectives". The reason I used bullets, rather than numbers, is that I don't think anyone objective is any more or less important than any other. Mr. Spanier stated, "I think that we have neglected, to our detriment in the past, the existence of the President's Council". That organization consists of the President's of the various condominium associations. I think we should reach out to them and try to incorporate them into the process. Mr. Sutphin stated, "For the sake of this item, let's assume it reads the Foundation, the Property Owners and the President's Council". Mr. Carroll stated, ''This may not change your mind, but I started the President's Council many years ago". As one of the few members from Pelican Bay, I was appointed to the Gulf Shore President's Council. After a couple years they kicked me out because they were growing too fast and told me to start my own group. I did that and there were eight of us that started the Pelican Bay President's Council, held monthly meetings and I ran the organization. When I left the Grosvenor, Mr. Vlasho took over and ran it for five or six years. Mr. Vlasho then decided that he needed to move on and he was unable to get anyone to replace him. The organization went out of existence for about one or two years and then the Foundation decided to ask Mr. Kinney to 6284 ... '1 . Pelican Bay Services Division Board December 8, 2005 1 b '11 . . rekindle it. All of that is history, but the initial purpose was not broad scale to have to do with broad issues or politics. The issue was to have President's of Associations get together and talk about issues that they had encountered. They do not have a mission statement. If their mission was what we thought it was initially, I am not sure they would fit in here. Mr. Sutphin replied, "I am not sure either, but I don't see a downside". If you invite someone to input and they choose not to, there is no harm done. Worse case, they submit an idea that we reject. Best case, they have some original thoughts and is something that we should consider doing. Mr. Carroll stated, "One of the problems with that Organization is that essentially every year, almost everybody in the organization changes". Mr. Sutphin replied, "That is not necessarily bad". Mr. Carroll stated, ''There is no continuity". Mr. Burke stated, "I have attended some of their meetings where there have been only five or six Presidents and other meetings where there were twenty in attendance". Mr. Kinney has a full plate and is not without things to do in his job. The time may be right now to get invoived with that organization. Not for us to get invoived, but possibly time for Mr. Kinney to get that organization back to the way it used to be. Mr. Sutphin stated, "I would plan to send out a letter or email to the Foundation, the Property Owner's Association and the President's Council, if we so elect to move them into the loop". The correspondence would say that this is the current approved objective of the Pelican Bay Services Division; this is our planning calendar; this is when the Budget Sub-committee meets and please feel free to participate and submit your ideas. If they don't choose to exercise that invitation, fine, but the invitation is being made. Mr. Carroll stated, "I just wanted you to know what the organization is all about and that Mr. Kinney is the person running that organization". I think it would be better served if one of the Presidents ran it. Mr. Burke asked, ''This is a really good objective, but would you want to formalize it even more by having a designated Board Member act as the liaison with them"? 6285 Pelican Bay Services Division Board December 8, 2005 "\l 'J " fl " Mr. Sutphin stated, "I think that is operational and I don't want it to be an objective". It is not a bad idea; I just don't think it belongs here. Mr. Petty stated, "Mr. Sutphin and I met with the Foundation on the Oakmont issue where this direct contact and consideration came out". We started out with all of the options and then started to use some guidelines during the meeting. If it was an increase of service, then certainly we should talk with the Foundation and other entities so that there is no duplication or wasteful dollars that were going in opposite directions. We are all pulling money from the same base, so it would be our due diligence in doing the budget to contact these entities and to provide them with a copy of our proposed budget for review and if they have any observations of duplications, that they iet us know. We would be open for them to come to our meetings to discuss what they believe that the look and feel could be for the iong-range plans for the community. When it comes to public opinion that is another issue. You are trying to get the broadest community concept considered and brought back to this Board, so that you know how the people feel. That is a different matter. When you talk about contacting the Foundation, Property Owners, President's Council and The Young Daughters of the American Republic you are looking for public comment, more than getting the Budget through in a timely and efficient manner. For the budget considerations, item number two would be identified with presenting certain entities, with the Foundation being the prime entity, with the draft budget to make sure we are on the same path. Mr. Carroll stated, "I am not sure I agree". I think what Mr. Sutphin says appeals to me more. We make a deliberate effort to go to them before the budget is put together, to see if there are things occurring that would prompt us to take some action to put in the budget. Certainly they could see the budget afterwards, I am thinking about how to bring our organizations into sync and wonder if this is not a mechanism to do that. Mr. Sutphin stated, "Let me give you one hypothetical example". Let me stress "hypothetical", lest we go down the Oakmont Lake project again. If the Foundation decided, as part of their long range plan, that they are going to paver block all the walkways on Foundation property, they come to us and say please consider this in your budget so that there is a 6286 Pelican Bay Services Division Board December 8, 2005 1611 . harmonious appearance to the community and will support the necessary assessment to fund that project, please consider it. Mr. laizzo stated, "That will never happen". Mr. Sutphin replied, 'What part of "hypothetical" don't you understand"? Mr. Petty stated, "I agree that getting the broadest based public opinion is best for us and whatever gets us to that point is a good idea". Since we are a government agency, I must tell you that we cannot give a greater weight to one group over the other. If you open it up for participation and comment and you are building based on their ideas, you would have to open it up to all. I was talking more about the five year Capital Plan, for coming to other agencies to look for divergence of funds coming out of Pelican Bay. Mr. Domenie stated, "The Foundation knows when we meet, as do the Property Owners". They are always welcome to attend all of the meetings, as well as Sub-committee Meetings. They get informed that way and I don't see why we have to send our budget to them. They can come to us. Mr. Sutphin replied, "I was not proposing to send our budget to them". Mr. laizzo asked, ''They know we exist now, do we have to pull them in with a line"? Mr. Burke stated, "It is hypothetical, but just imagine it could happen". That would be ideal. There are things they may want to do and knowing that we have the pathways, they say let's work together to try to figure this thing out. Mr. Sutphin stated, "I guess "hypothetical" was too big of a word to use". Mr. laizzo replied, "It was a ridiculous word to use". Mr. Domenie asked, 'Was it decided to include the President's Council or not"? Mr. Carroll replied, "I am not through with it yet". I would like to go back to what Mr. Petty said and a red light went on". Mr. Ward had said the same thing us a few years ago by saying to be carefui if you open that up because you may have to bring in the Daughters of the American Revolution and whatever else. I am willing to take that risk, but maybe it is a caution. We all know the Foundation and Pelican Bay Property Owners and maybe we should limit it to those two entities. 6287 Pelican Bay Services Division Board December 8, 2005 10 Ii C/ I e ., Mr. Nordhoff stated, "The only problem with the Pelican Bay Property Owners is that that are not representing the entire community". My recollection is that they have approximately 3,000 members, which does not represent the entire population of Pelican Bay. The Foundation is representative of all of the property owners and we are representative of all of the taxpayers. I think those two organizations are all we need to include. With all due respect, the Property Owners are just kind of a loose cannon and I don't really want to include them in this equation. Mr. laizzo stated, "I don't think they would appreciate that". Mr. Sutphin stated, "There is another valid reason to consider what Mr. Nordhoff has said". The Foundation is the only entity, other than us, that has the power to assess the residents. I hope that nobody disagrees that there should never be an instance, where in general objectives, we are at divergence with the Foundation as to what is best for this community. Mr. Domenie stated, ''They are in attendance at our meetings and can bring in proposals to these meetings". Mr. Carroll stated, "Yes, they are open and they can come here, but that is not likely to happen". If you don't reach out and bring them into the process, I don't think it is going to happen. Mr. Sutphin stated, "Mr. Carroll, this was your suggestion". Mr. Carroll stated, "All of this is input". If the Property Owners have something that they could contribute, they don't have the same taxing authority that we do. Mr. Nordhoff stated, ''They don't have projects that we could participate in". Mr. Carroll replied, "Four or five years ago they took certain Initiatives", When Mr. O'Connor was President, they took some credit for the U.S. 41 medians. They took a lot of initiative there and brought it to us, we worked together and it ended up that the two of us did that project together. We both argued about who started it, but ultimately we knew that both of us contributed. I guess that is more of what is on my mind, rather than recent history, which has been grenade throwing. Mr. Domenie stated, ''They also stopped the construction of high rises to the east of Pelican Bay Boulevard". 6288 Pelican Bay Services Division Board December 8, 2005 1~, '1 ~ . Mr. Sutphin stated, "I firmly believe that there is no such thing as a bad idea". I would rather have ideas in the planning process than "Monday Morning Quarterbacking", which has typified the way our programs are looked at by these organizations. Mr. Carroll asked, 'Why don't we just use these two organizations and omit the President's Council?" Mr. Sutphin continued, "The change in the top objective incorporates the need to focus on getting the permit extension for the mangrove preserve". I find it hard to argue with that. Mr. Carroll asked, 'What about the last item"? Mr. Sutphin stated. "The last objective, if annexation is never approved the object becomes irrelevant". I would recommend leaving it in there; who knows what is going to happen next month. Mr. Carroll stated, "Take it out". Mr. Spanier stated, "As of last night it became a moot issue, so drop it". Mr. Roellig stated, "Almost all of the no voters are up for eiection in the City of Naples in February" . Mr. Nordhoff stated, "I think they have to wait two years before it can go back to Council". Mr. Burke stated, "I have asked for a clarification on that". Mr. Sutphin stated, "I don't care if it is in there or not, it does not trigger unless it takes place". Mr. Carroll moved seconded by Mr. Spanier and approved unanimously to accept all of the objectives as written with the exception of omitting the objective on annexation, which reads "If voters approve annexation develop and execute a transition plan to ensure an orderly transfer of responsibilities to ensure continuity of services and completion of programs". OAKMONT LAKE PROJECT REVIEW ALTERNATIVES SELECT PREFERRED ALTERNATIVE Mr. Sutphin stated, "As stated earlier, Mr. Petty and I met with Mr. Lickhalter and Mr. Kinney regarding the Oakmont Lake Project". We discussed two budgetary estimates that Mr. Lukasz had obtained. One is what I would call the "Cheap and dirty" solution, which is replacing 6289 Pelican Bay Services Division Board December 8, 2005 1611 . the existing railroad ties with treated lumber at a cost of approximately $180,000. Keep in mind these estimates have not been put out for competitive bid and are budgetary estimates at this point. The second was to replace the existing wall with decorative concrete block and included repaving the existing pathway and restoring existing landscaping and also opened to door to further enhancements in the Oakmont Lake area. The Foundation representatives took the position that they were not prepared to support any enhancements to Oakmont Lake. The conclusion was that the Pelican Bay Services Division should proceed to satisfy their obligations under the Water Management Easement, which means replacing the existing railroad ties with a treated lumber. My recommendation is that Mr. Lukasz be instructed to put that out to bid. Mr. Boland asked, "Is this County or Foundation property"? Mr. Sutphin replied, "This is Foundation property". Mr. Boland asked, 'Where does the actual homeowners property end in relation to the existing railroad ties"? Mr. Sutphin replied, 'We have a legal responsibility to maintain the water management easement along that lake and we are interpreting that to mean that we have an obligation to maintain that wall". Mr. Boland asked, 'Which of the two options are more durable and will last longer"? Mr. Sutphin replied, "You are talking twenty-five years versus one hundred years and I am happy with either one". Mr. Domenie stated, ''The Foundation was supposed to be checking because in some cases we were chopping off a piece of somebody's property and in other cases we were giving them land", Mr. Burke stated, "I would suspect that if you talked to everybody whose property abutted that walkway, they would just say, fix the wall". Mr. Petty stated, 'We are not concerned with the property lines because we don't own the property, we have an easement over it, so we are not in that fight". Mr. Sutphin stated, 'We will need Board approval once it has been competitively bid". 6290 Pelican Bay Services Division Board December 8, 2005 1611 ~'$il . Mr. Petty stated, 'What we need today is a motion and approval to put it first in line in our Capital Projects List, so that we can put it in this year's budget". Mr. Sutphin stated, ''That means some shifting around of irrigation projects, which we had talked about previously". Mr. Roellig asked, "Do we have something in writing from the Foundation of their opinion"? Mr. Sutphin replied, 'We have two witnesses that attended the meeting". Mr. Domenie stated, "I would like to get something in writing". Mr. Sutphin stated, "I was promised an email by today's meeting confirming our conversation, however, I have not gotten it". Mr. Petty stated, "Staff is taking the position that it is repairs and maintenance of the same facility that was there and it is not necessary for us to seek permission from the Foundation". If it is an enhancement, your Staff has taken the position to discuss it with the Foundation before implementation. Mr. Sutphin stated, "I certainly got the feeling that there was no desire on the part of the Foundation to sponsor spending for enhancements in the Oakmont Lake area". Mr. laizzo asked, "Is there any money we could find to do it this year"? Mr. Petty replied, "That is what we were talking about with the shifting of Capital Improvement projects". We are looking to make a Budget Amendment so that this Capital Project can be placed at the front of the list and done this year. We will do all Capital Projects that we have money available for and will do Oakmont Lake first. Mr. Spanier asked, 'Was the representative of the Oakmont Association at the meeting"? Mr. Sutphin replied, "No". Mr. Seblatnigg said that if it was decided to proceed with something beyond what we have proposed, he would take the responsibility for getting the public input. I don't think we need resident input to replace the wall. Mr. Carroll asked, "Is it the entire wall"? Mr. Sutphin replied, "Yes". Mr. Carroll asked, 'What is the average height of that wall"? 6291 Pelican Bay Services Division Board December 8, 2005 1611 . Mr. Lukasz replied, Approximately eighteen inches (18")". Mr. Sutphin moved seconded by Mr. Domenie and approved unanimously to amend the Capital Program this year to make the Oakmont Lake Project a top priority. Mr. Sutphin stated, 'When it has been put out for competitive bids we will come to you for a formal approval of the project". "FAIR SHARE" COST SHARING - UPDATE STATUS Mr. Sutphin stated, "Mr. Petty and I had hoped to have some feedback from our meeting with the County's Budget Director on Fair Share Cost Sharing and our ability to assume responsibility for small projects". I understand there have been other priorities and I do not interpret this as a negative. I think we can reasonably expect some feedback after the holidays and I will report to the Board, hopefully at the February Meeting. Mr. Carroll asked, 'We taxed people $150.00, are we going to have to now go back and collect another $300.00"? Mr. Sutphin replied, "No, unless there is an act of God, we are out of that season". We are in fine shape this year. A key consideration of the Board in the May/June time frame, when it comes time to set the budget, is how much of a Reserve cushion do we want to re-establish? I could argue that if we could extend the agreement with the Foundation to provide emergency funding or to come up with another option, rather than keep our constituent's money in the bank, that we explore the alternative of not rebuilding an asset reserve. That is something we could talk about over the next six months. Mr. Nordhoff stated, 'We can come up with an equity line of credit". Mr. Sutphin replied, "That is what private organizations do". Mr. Petty stated, "Government is catching up with that concept and it is starting to emerge". We would again be catching the top of the wave, but governments are starting to look at what businesses have known for a long time. MR. SUTPHIN LEFT THE METING AT 3:55 P.M. CLAM BAY SUB-COMMITTEE CLAM BAY MONITORING AND IMPROVEMENT SCHEDULE 6292 Pelican Bay Services Division Board December 8, 2005 16 , 1 . Mr. Burke reported that the Clam Bay Monitoring and Improvement schedule was included as part of your Agenda Package. CLAM PASS INLET Mr. Burke stated, "Hurricane Wilma moved some sand around and it turns out that Clam Pass Park does not need 35,000 cubic yards of sand". As it turns out, our normal dredging permit will produce all of the sand that they need to put on that beach for renourishment this time around. When we had the meeting, Mr. Humiston somehow got moved aside and there is a new Coastal Project Manager. Mr. Lukasz has stated that is now back to where it always has been and Mr. Humiston is now going to manage the Clam Pass Maintenance dredging. Mr. McAlpin, the Project Manager for the CAC, will be going to the State seeking a permit modification. Somewhere down the line and I don't know how many years, they want to have that permit modified or another permit in hand to be able to dredge the shoal. There are concerns and we have to be very sure that we have the plan worked out with the CAC and approved by the County Commission, that should there be negative affects on our side of the inlet that provisions are made for TDC dollars to renourish the area. That plan has not been finalized and is still being worked on. Mr. Roellig stated, "I said this at our last meeting and have to say it again". The so-called "Trip Wire" defense that you are going to depend on, I don't think is viable because the erosion could happen in two weeks, like it did at Wiggins Pass. 1 think it is a mistake to move forward. This spring at Wiggins Pass they dredged 700,000 yards of sand and while the contractor was still on site, 25% of the channel had already filled in and the sand at the State Park began falling into the channel. It could happen in less than a two-week period and not take eighteen months. Mr. Burke stated, "I think we have the same concerns". We all know that if we had our druthers they would pay the money and renourish that part of the beach project". The ''Trip Wire" plan has not been worked out and there is a long way to go. Maybe they are gambling that it will be three or four years before it fills in, but to take that sand out and then have to have trucks bring sand in to fill our beach is a little crazy. That is something we are going to have to work on and be watch very closely. 6293 Pelican Bay Services Division Board December 8, 2005 1611 . BEACH RENOURISHMENT Mr. Burke stated, "If you remember we agreed to spend $1,000,000 to get sand placed on our beach". It came back that they wanted another $26,000 and our feeling is that we have committed $1,000,000 and that is all we are going to do. Mr. Roellig stated, "Obviously, what we pay for should be determined at the time of placement" . RED FLAG/GREEN FLAGS Mr. Lukas stated, "There was nothing to report on the Red Flags or Green Flags this month". CAPITAL PROJECTS IRRIGATION AND LANDSCPE IMPROVEMENTS Mr. Lukasz stated, ''The irrigation system is approximately 99% complete and we are in the process of completing the punch list items as a result of the inspection". The punch list work should be completed within the next week and we will start the installation of the landscape materials, which should also be compieted within the next week to ten days. SYSTEM III & IV RETENTION AREA IMPROVEMENTS - TEST AREA Mr. Lukasz stated, "Some of this areas was damaged by the hurricane and we are going to have to go in there and clean that area and possibly do some replacements to show how the area should appear". COMMUNITY ISSUES US 41 STREET LIGHTING Mr. Lukasz stated, "I spoke with the County representative handling this project and they are in the process of getting the Notice to Proceed from FDPT, which also involves the Federal Highway Administration's approval". They are in the process of going through the new procedure and the project could possibly begin in March. They have informed me that the funds are available. SIDEWALK OVERLAYS Mr. Lukasz stated, "The bids have been received and should go before the Board of County Commissioners at their first meeting in January". The work is broken up into four 6294 Pelican Bay Services Division Board December 8, 2005 16 ~ i QI quarters and the sidewalks are included in the first quarter. The contractor will be putting that work in the first part of the first quarter. If it is awarded in January, it will take thirty days to execute the contract, so we should see that work start in February. HURRICANE CHARLEY STORM DAMAGE Mr. Lukasz stated, 'We are still awaiting the funding from FEMA for Hurricane Charley". Most of the damaged trees from Hurricane Wilma have been removed and we still have some stump removal and sod replacement to complete. The pick up of all debris in the County by FEMA, is supposed to be complete by December 23'0. Mr. Petty stated, "You need to know that it is your dollar that is being used to remove the stumps". FEMA dollars do not cover stump removal. Mr. Domenie asked, "How much do you expect that we will be able to recover from FEMA"? Mr. Lukasz replied, 'We met with FEMA representatives yesterday and they are supposed to be here tomorrow to pick up the documentation that they have requested for traffic signs and streetlight work". There is another representative from FEMA that handles debris reimbursement. Mr. Carroll stated, ''That is from Hurricane Wilma". Mr. Lukasz replied, "Yes". Mr. Petty stated, "FEMA is doing things differently this year from what they had done last year". Normally, the audit is done first and if you pass all tests, then you get the money and you are free and clear and you did your work. Now, because of what happened in New Orleans, they are doing the reverse. They are coming in with the objective of getting out of here in one hundred days. The concept is to do an evaluation and estimate, and that is what they put on file. The money has already been deposited with the State of Florida. The County will be applying to the State to get this money, so the process is different. We are going to get the money first, but then we are going to be on the hook for the next five years, while they decide whether or not to do an audit. We have to be very careful about what we put on our list this year, because once we get the money, we are still not safe. 6295 Pelican Bay Services Division Board December 8, 2005 CD f~ <i' "I: ,I ( Mr. Domenie asked, "Does that include the replanting of trees"? Mr. Petty replied, "It does not". Mr. Domenie asked, 'Who put up the Christmas trees along U.S. 41"? Mr. Lukasz replied, "That was the Pelican Bay Services Division". Mr. Domenie stated, ''Thank you very much". Mr. laizzo asked, "How many trees were put up"? Mr. Lukasz replied, ''Twelve, two at each entrance". Mr. Domenie stated, 'We have some new gratings on all of the culverts now and that may have gone unnoticed". They look very good. Mr. Burke stated, "It is no secret that we have been long overdue for our road overlay". Mr. Lukasz stated, "They did not call it seal coating they called it micro paving". Mr. Petty stated, "I don't care about them painting the road, I am talking about a one inch overlay that was supposed to happen". Mr. Carroll stated, ''That is what we were talking about". Mr. Burke stated, 'Whatever it is, it is obvious that the County has not been anxious to get at it and I guess we can figure out why". Mr. laizzo stated, "Maybe with the annexation issue over, they will go back to our work". Mr. Carroll stated, "I am not all that unhappy with it being seal coated". The last time I argued for more, I lost two years. They were going to do half of Pelican Bay Boulevard and I said we want the entire project done and it has been two years since that happened. Mr. Ward warned me of what might happen there and he was right. Mr. laizzo asked, 'Was the broken sidewalk request reported to transportation"? Mr. Lukasz replied, "I have talked with Transportation and they are supposed to have a crew out here next week working on some of the sidewalks". In some areas there are still stumps in place and it is the responsibility of the property owner to remove the stumps and those issues have to be dealt with before the sidewalks can be repaired. AUDIENCE COMMENTS 6296 Pelican Bay Services Division Board December 8, 2005 1 h r 1 ."" ~ . Mrs. Kay Potter - Mangrove Action Group - "The Board of the Mangrove Action Group has asked me to publicly thank Mr. Burke". He attended our last Board Meeting and spoke to us about the dredging project, which has troubled us greatly. We wanted to thank him in helping our group so much. Mr. Burke stated, "That is a great invitation to get because they bring a lot of goodies". ADJOURN There being no further business the meeting adjourned at 4:20 P.M. James Carroll, Chairman 6297 ... .'" ., '. -.- .\\1 \;,'"1 G') ~ ~ (1) n ..... 0 III - O:J -. ::s < n ::r c: (I) III (1) QI .~ C ""lI :::s OJ ~ O:J :::s -. N QI O:J .., 0 0 ::s QI 0 QI n '< 3 0\ ""lI ro Q. O:J C>> n r- 0 (1) c ::s QI :; - ::s (1) ... 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" - - AI g! 3 '" i:::l "" '" <> c '" '" '" = = '" = = c b' b' ~ ~ b' ... or 3 3 3 -"0 "0 "0 "0 "0 en - m: m: m: !!l. &t!!l. <D <D <D <D E!" 0' uo '" It) 1611 G GOVERNANCE PELICAN BAY SERVICES DIVISION HOW DO WE ENHANCE OUR INDEPENDENCE Pelican Bay has a unique and very effective system of governance. This was made possible fifteen years ago when the County Commissioners approved an Ordinance which created a Taxing and Benefit Unit (MSTBU) to provide municipal services which they selected at that time. They retained some services such as water/sewer and road maintenance but the services they selected for the people of Pelican Bay to oversee by creating a Services Division Board (formerly called an advisory committee) have meant a great deal to our quality ofIife. The people we have developed to supervise and do the work necessary to make our Community one of the best in southwest Florida are a very valuable asset which we should support and acknowledge for what they contribute. Their recent response to hurricane Wilma is a very current example. They are all COWlty employees but have been with us for years and identify with Pelican Bay. But how does this governmental system worlc? The eleven person Board made up of nine residential members and two commercial memberships serve four year terms and become quite experienced in detennining what the needs of our CommWlity are and then budgeting the funds necessary to provide these services. The Board includes many talented people whose interests are in seeing Pelican Bay operate well, appear very attractive and have its a.<;rets maintained and restored whenever needed. Board members and staff are frequently required to deal with County organizations such as the Coastal Advisory Committee. They must also work with consuJtants who, for example, advise us on mangrove forest maintenance and restoration. Over the last two years we have created two committees, the Budget committee and the Clam Pass and Water Management committee to allow us to concentrate effort in these two important areas. Most of our Board members not only spend time on Board activities but also as members of one of these two committees. Of course, key staff people also worlc with these committee.~ and together with Board members and consultants make these activities highly successful. The entire Budget process has changed over these two years to the point where the Board members are now very familiar with the services we provide and their costs. We used to rely very heavily on the stafIto put this all together but we now identify services levels to be provided and know what they cost. Over the last three years we all have paid a non ad valorem tax of between $300 and $475 a year which in my judgment has been a real bargain for the services we have received. Our Board's relationship with the County Commissioners needs some discussion. Three years ago the Clerk of Courts worked out a change in our Ordinance which created a process for selecting Pelican Bay residents for the Services Division Board. Any property owner can run for the Board and all property ownet'S then can vote for the person or persons they would like to see on our Board. Property owners being ftanchised to vote is a somewhat unique approach which Pelican Bay property owners requested. 16 r 1 . The list of candidates is then voted on and forwarded to the Commissioners for appointment. One other official contact we have with the Commissioners is the approval of our annual Budget. This year our Board Chainnan and Budget Chainnan made the presentation and promptly received approval. There are very few other actions which the PBSD Board takes which require Commissioner approval. The PBSD Chainnan however initiated contact two years ago with our District 2 Commissioner and these monthly infonnation exchange meetings have been productive and will be more productive as contact continues. I believe the system we have in Pelican Bay is very well suited to our Community. It is a hands on managemenl system which will become even better as our relationship with County officials improves. The Services Division Board members and ~1aff are key 10 building this relationsbip. We need in the very near future to begin to build a wodcing relationship with the Foundation. the Master Homeowners Association for Pelican Bay. We also need 10 work with the Pelican Bay Property Owners Association to see if both ofus can better understand each other's role in our Community. Om-role as ....;....;...d ~, genIX:es provider needs 10 grow and improve in conc:ert with these two "'_';I...tions. Good Governance is criticaI to the long term suooess of Pelican Bay as a top tier Southwest Florida Community. This can be done as we develop a way to work together with our neighbors in Naples, Vanderbilt BeadJ and Naples PlBk on issues of;'&'..sI.1D all of us. Jim Carroll Chainnan- Pelican Bay Services Division 12/15/2005 0'" ea ~a -,. ~(") ~;; ~3 "'", em O~ "'", o >: ;: o o 8' o o ~ .. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ro ~ m ~ ~ ~ N ~ 0 3:'0 '" m i> ." "'~ " .8 11 m 3:0 '" 0 m ~ m m "'z 0 < ;:6 . '" m ",0 ~ 0 !I 3:0 ." '" g m 8 OJ~ 0 ." V> ;:6 .2. 0 '" ~ 3 m n 3 . V> < "," 0 . ." 3 ~ . 3 '3:g ~ . . < m "''' ~ "g 1m ",> '1 ;:6 '" ,m m m " " "''' ~ . m 3 3 ~ "- "- ';:g i> -< m m " m 11 ^ m 'OJ 2" 0 . 0 "g m OJ~ :3:S m ",> 0 0 '" . ;:6 . '" Q, m 3 . "'~ " ;:g m ",0 n .. "g w U. 0 'm p "'z 0 .. < ~3:g 8m galO . 0 "6 '" m . 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Chris Sutphin From: Chris Sutphin [chris@cfsbbs.com) Sent: Monday, December 12, 20059:19 AM To: Gerhard Seblatnigg Cc: Kyle Kinney Subject: Pelican Bay Services Division Planning and Budgeting At the December 8 PBSD board meeting the current Mission Statement and revised Objectives were approved as the first step in the planning and budgeting process for Fiscal Year 2007. One significant modification to the Objectives is a specific invitation to the Pelican Bay Foundation and the Pelican Bay Property Owners Association to provide input to the planning and budgeting process: "Identify, plan and execute capital and operating programs to maintain and enhance the existing infrastructure. Invite the Pelican Bay master home owners association (Pelican Bay Foundation) and the Pelican Bay Property Owners Association to recommend programs for PBSD consideration" I believe the inclusion of input from both organizations is not only desirable but essential for the Pelican Bay Services Division to properly execute its mission: "Preserve and enhance property owner value and resident quality of life by promptly and efficiently providing services and capital improvements which answer the needs of the community within Pelican Bay." I sincerely hope this invitation will be accepted. What form it takes is up to you. We have started planning for the F2007 budget _ approval of the Mission and Objectives being the first step in a 3 step process that ends with the finalization of next yea~s budget in the June time frame. Step II - identification and review of strategic programs will take place in the January -March time frame. Step III - a review of service levels and the generation of an operating budget will take place in April and May. I have attached the complete approved Mission and Objectives and an outline of the currently approved planning process. Input to the process, while always welcome, will be most useful if it is received prior to the finalization of programs and operating plans. PBSD board meetings are the first Wednesday of each month at 3 PM. I try and scheduled Budget Sub-committee meetings on the 3rd Wednesday of each month at 3 PM. It would be helpful to receive recommendations for any new capital programs you feel should be considered prior to the January Budget Sub-committee meeting which will most likely be held on January 18. It would also be desirable for a representative to attend that and future sub-committee meetings. I am looking forward to the active involvement of the Pelican Bay Foundation in the planning and budgeting process. I believe it will help us to better serve our community. Regards, Chris Sutphin Chairman, Budget Sub-committee Pelican Bay Services Division 12/15/2005 Page 1 of 1 ~~ ,I, 6 , 1 C> Chris Sutphin From: Chris Sutphin [chris@cfsbbs.com] Sent: Monday, December 12,20059:21 AM To: Mike Coyne Cc: Coleman Connell Subject: Pelican Bay Services Division Planning and Budgeting At the December 8 PBSD board meeting the current Mission Statement and revised Objectives were approved as the first step in the planning and budgeting process for Fiscal Year 2007. One significant modification to the Objectives is a specific invitation to the Pelican Bay Foundation and the Pelican Bay Property Owners Association to provide input to the planning and budgeting process: "Identify, plan and execute capital and operating programs to maintain and enhance the existing infrastructure. Invite the Pelican Bay master home owners association (Pelican Bay Foundation) and the Pelican Bay Property Owners Association to recommend programs for PBSD consideration" I believe the inclusion of input from both organizations is not only desirable but essential for the Pelican Bay Services Division to properly execute its mission: "Preserve and enhance property owner value and resident quality of life by promptly and efficiently providing services and capital improvements which answer the needs of the community within Pelican Bay." I sincerely hope this invitation will be accepted. What form it takes is up to you. We have started planning for the F2007 budget _ approval of the Mission and Objectives being the first step in a 3 step process that ends with the finalization of next year's budget in the June time frame. Step II - identification and review of strategic programs will take place in the January -March time frame. Step III - a review of service levels and the generation of an operating budget will take place in April and May. I have attached the complete approved Mission and Objectives and an outline of the currently approved planning process. Input to the process, while always welcome, will be most useful if it is received prior to the finalization of programs and operating plans. PBSD board meetings are the first Wednesday of each month at 3 PM. I try and scheduled Budget Sub-committee meetings on the 3rd Wednesday of each month at 3 PM. It would be helpful to receive recommendations for any new capital programs you feel should be considered prior to the January Budget Sub-committee meeting which will most likely be held on January 18. It would also be desirable for a representative to attend that and future sub-committee meetings. I am looking forward to the active involvement of the Pelican Bay Property Owners Association in the planning and budgeting process. I believe it will help us to better serve our community. Regards, Chris Sutphin Chairman, Budget Sub-committee Pelican Bay Services Division 12/15/2005 Pelican Bay Services Division F 2007 Mission and Objectives ADDroved Mission Preserve and enhance property owner value and resident quality of life by promptly and efficiently providing services and capital improvements which answer the needs of the community within Pelican Bay. 1611 e ADDroved Obiectives -Continue to develop an on going working relationship with the District 2 County Commissioner to further the interests of Pelican Bay eIdentify, plan and execute capital and operating programs to maintain and enhance the existing infrastructure. Invite the Pelican Bay master home owners association (Pelican Bay Foundation> and the Pelican Bay Property Owners Association to recommend programs for PBSD consideration eProvide community beautification, water management, and street lighting services at defined levels in the most cost effective manner. eIdentify and execute programs to restore, maintain, and enhance the mangrove preserve including the Clam Pass Inlet in a cost effective manner. Prepare to submit necessary data to extend the ten year permits for the preserve which expire in 2008. eProvide additional security services to the community consistent with the desires expressed by the property owners of Pelican Bay. eDevelop working relationships with key Collier County staff personnel to further the ability to achieve objectives and ensure that Pelican Bay receives superior County services in a timely manner. eDevelop a proactive advocate program to monitor and recommend land use, zoning, coastal conservation, and other laws, codes, regulations, and fees of the County Commission and it's advisory Boards that promote the interests of Pelican Bay Long Range Planning 16 '1 . Steo I - Goal Settina (time frame - November/December) "Review/revise mission: this establishes the overall level of services to be provided and implicitly the funding needed to support the mission "Review/revise obiectives: this identifies the key strategic elements required to execute the mission and drives the generation of specific funding for services and capital projects "Time frame: "Workshop" - November, Approval- December Steo 11- Five Year Strateoic Plan - time frame January - March .Review current service levels and oroarams: this examination determines how current programs support the approved mission and objectives "Identify new services and caoital oroarams to supplement and/or replace existing programs. Once a 5 year plan is operational a new year is added in each planning season. "Prioritize and shift oroarams to fully support approved mission and objectives. "Broadlv dimension fundina levels necessary to support programs to be included in the Five Year Plan "Suaaested time frame: "Workshop" - January Review financial impact and resulting revenue implications - February Approval - March Steo III - Ooeratina Budaet - time frame April - June "Establish Budaet Plan for next fiscal vear: should include all services and capital programs incorporated in the Five Year Strategic Plan. "Review fundina levels required to support Budget Plan. "Finalize and aoorove Budaet Plan. "Review and aoorove detailed ooeratina budaet. "Suaaested time frame: Budget Plan "Workshop" - April Budget Plan approval - May Operating budget review and approval - June Page 1 of 1 16 , 1 . Chris Sutphin From: KRK9563@aol.com Sent: Monday, December 12, 20059:41 AM To: chris@cfsbbs.com: mlickhalter@comcast.net Subject: Re: Oakmont Lake Wall Chris, I have spoken with our Chairmen of the Foundation Board and on behalf of the entire Foundation Board we fully endorse the outlined repair and replacement work to occur along the Oakmont Lake corridor. We will ratify these comments at our regularly scheduled Board meeting on December 19th, 2005. Best Regards. Kyle R. Kinney President Pelican Bay Foundation 12/17/2005 z o t-t V) t-t > t-t C V) w U t-t > ~ w V) >- c:( ~ z c:( U t-t ....I W Q. 1 hI' Ln o C 0 Z ~ c:( 0 V) N W ~ ::::)V)w Zw~ W~~ >::::)W w....u ~t-tw U.Cc o~CJ ....Q.z Z >< ct-t Ww ~ Z w w .... C c:( 0 .... t-t V) ~ w Q. . \I) o o N ~- ~ .. ::I C .. ... l/l W 0:: III :JO I-~C ZiO -w o Z o'Z ii)wN- -11.0::111 >)(W:IE CWlllO l/lC:lEU ~ Z<( ~',:g ~W ~'I~ 1 WiClLL . l/l,w Z Cl ~'~ ffi~11 z<(LLoc15 I 011. 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Roll Call Approval of Minutes of the December 8, 2005 Board Meeting Audience Participation Chairman's Report Pelican Bay Boulevard Seal Coat Governance Letter PBSD Board Candidates Sub-committee Reports Clam Bay Sub-committee Clam Bay Annual Monitoring Report Clam Pass Inlet Beach Renourishment Budget Sub-committee Mission and Objectives Dissemination Oakmont Lake Project "Fair Share" Discussions Fiscal Year 2007 Step II Planning Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements System III & IV Retention Area Improvements - Test Area Community Issues U.S. 41 Street Lighting Sidewalk Overlays Hurricane Charley Storm Damage Committee Requests Audience Comments Adjourn ;// ;:; 1/ 5. Fiala Halas Henning Coyle Coletta ~'/ 6. 7. 8. 9. ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WI-U~~~ORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH"TIiE APPEAL Date: Item': Copies to: - ~ If ~,1 .... '~i I(~ ,. IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-]749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay - located in the County's District 2 1611 . RECEIVED JAN 2 0 2006 Board of GOlmtv Commissioners PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, JANUARY 25,2006 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE BUDGET SUB-COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY, JANUARY 25, 2006 at 3:00 pm 1. Roll Call 2. Approval of Minutes of the September 21, 2005 3. Audience Participation 4. Fiscal Year 2006 1st Quarter Review 5. Fiscal Year 2007 Capital Projects 6. Fair Share Program - status update 7. Alternatives to Rebuilding Reserve Balances 8. John laizzo Restructuring Plan 9. Sub-committee Requests 10. Adjourn J Fiala .. . ~:~~ng~~ Coyle _ , Coletta _Y ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQillRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597- I 749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay -located in the County's District 2 Misc. Corres: Date: Item#: Copies to: 16 1'1 rt-1.' .; i~ MINUTES _ BUDGET SUB-COMMITTEE September 21, 2005 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 21, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. Matthew Mathias Mr. David Nordhoff (Absent) ALSO PRESENT: One (1) resident and three (3) members of the Pelican Bay Services Division Board; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Ms. Jean Smith; Operations Analyst, Pelican Bay Services Division; AGENDA 1. RollCall 2. Approval of Minutes of the May 18, 2005 Meeting 3. Audience Participation 4. Review Unincorporated Area General Fund Taxes - do we have an opportunity? 5. Getting Community Input - What? How? When? 6. Sub-committee Requests 7. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Nordhoff with an excused absence. APPROVAL OF MINUTES OF THE MAY 18. 2005 MEETING Mr. lalzzo moved, seconded by Mr. MathIas and approved unanimously, the Minutes of the May 18,2005 MeetIng. AUDIENCE PARTICIPATION Mr. Sutphin stated, "Mr. Burke, I will call on you since I believe it was you who distributed this Annexation Report". Would you care to tell us what it is and where it came from? Mr. Burke replied, "Last Friday afternoon I was made aware that the Naples City Administration had prepared their Urban Services Report". I went down to the City Clerk's office and obtained a copy. It was given to the City Council Members in preparation for their workshop this past Monday. This is the report they are using to proceed and is the basis of their questions 417 16 , 1 . Budget Sub-committee September 21, 2005 and answers. The Council Members raised as many questions as the Report answered. A couple of people, including Mr. Spanier and another individual looked at the numbers on this and if any of you have ever asked the question of why do we not want to be annexed or why does the City want us, you can pull out of this the fact that the City picks up a minimum of a $19,000,000 financial windfall over the first ten years; scrap the first four years, they are irrelevant. The $19,000,000 is a minimum and could go to $30,000,000-$35,000,000. There are some City fathers, the better business people, who are supporting annexation who have said to me that the $19,000,000 is conservative. It is a hard number and you can get your hands around it. For me, that is the reason the City wants to go through all of this trouble. It is not so easy for me to figure out why we want to be annexed and the answer I received was that you are going to get better government. Am I going to get a reduction in taxes? No, it will be about the same. Am I going to get better services? No, they will be about the same. You are going to get better government. To me, that is where this is now. I asked Ms. Smith to get this out to each of you so that you could see it. Mr. Sutphin stated, "This is obviously in the public domain". Ms. Smith stated, "I have not given this to other Board members". Mr. Sutphin replied, "I think you should". It is not an agenda item for this meeting and I thank Mr. Burke for making it available. Mr. Burke stated, "I think it would be good for all of the Board members to receive it". Mr. Sutphin stated, "As a matter of interest, I read the last couple of articles in the Naples Daily News on annexation and as far as I am concerned, there is nothing new". Mr. Burke stated, "Both Mr. Spanier and I were at the workshop and neither one of us spoke". There were some speakers from the City of Naples and their comments were, "bigger is not better", Obviously, with that kind of a financial windfall, I think they need the money. That is pretty powerful. Mr. lalzzo stated, "Yes, there are two issues; municipal power and the money". Mr. Sutphin stated, "About six months ago I did a discounted cash flow analysis on annexation, based on the numbers that were available at that time and they really haven't 418 Budget Sub-committee September 21, 2005 16 , J . changed". It showed that if you looked at it from the standpoint of the City of Naples making an investment in Pelican Bay it has a discounted rate of return, and I believe i used a figure of 4% as the municipal cost of money, of approximately 39%. It is not a bad deal and is an investment that you would make if it were your money. Mr. Spanier stated, "In addition to the money to the general taxation, this Report deals with two significant surcharges that will be assessed on Pelican Bay residents that have never been mentioned before". One is the utility tax surcharge, which the City uses to fund all of its' capital programs that will be charged directly on our utility bills. There is also a telecommunications service surcharge that would be charged directly to the Pelican Bay residents. When you read the projections, not only of the General Fund, but the two additional funds that fund all of the City of Naples Capital Works, as well as their contemplated improvements to the stormwater system, you will see they will net out, in addition to the $19,000,000, approximately another $6,000,000-$7,000,000. After deducting all of the costs of setting up Pelican Bay and combining services, that is our gift to them and it is coming out of our pockets. Mr. Sutphin stated, "One item of interest". We had our Budget Hearing for the Non-ad valorem Assessment before the Board of County Commissioners on September 8th. Our portion of the agenda lasted somewhere between two and three minutes. The budget was approved and the only question that was raised was by Commissioner Halas and even though I covered it in my presentation, he wanted to be assured that the taxpayers in the District had been apprised that this was a one-time reduction and that the assessment was going to go back up. I assured him that we had done that via the Pelican Bay Post and the Pelican Bay Advisor and Mrs. Smith subsequently mailed copies of those article to his office so that he has his posterior covering in place, if the issue ever comes up. REVIEW UNINCORPORATED AREA GENERAL FUND TAXES - DO WE HAVE AN OPPORTUNITY? Mr. Sutphin stated, "The General Fund levy is an item on our tax bill, that everyone is Pelican Bay pays by virtually bein9 a part of Unincorporated Collier County". This is the specific 419 Budget Sub-committee September 21, 2005 16/1 . tax that would be replaced by the City of Naples General Fund Tax, if we were annexed. Mr. laizzo, among others, has been quite vocal that he feels that there are areas in this levy where we are in effect paying twice for the same service. I discussed it briefly with Mr. Petty and I can't remember the word he used to describe this effect. Mr. Petty replied, "I referred to it as Fair Share Revenue". To make matters clear, this is not the General Fund Levy, this is the MSTU overlay ievy. Mr. Sutphin stated, "It is called several different things and it is one of the causes of confusion on the tax bill, which I went into at the last Board Meeting". Mr. Petty stated, "On the lax bill it says Municipal Services Taxing Unit and there are specific responsibilities to that name". Mr. laizzo slated, "I thought the Unincorporated Millage was equivalent to the General Taxes that we pay for the County". Mr. Petty replied, "No, si~'. Remember, government has to be fund specific. If a government raises revenue, it must create a fund specified for the use. We can't just put a lax out there and say we are going to spend it for whatever we want. We have to tell the taxpayers first. The General Fund is where the general responsibilities of the County lie and is the basic services that we get from the County. Ms. Smith currently shows it as 4.16 mills. That is the County General Fund levy. For the Municipal Services Taxing Unit, which is for services above and beyond what is considered to be those provided to everyone in the County, they overlay that into the Unincorporated Areas of the County and say we are going to give you extra services above and beyond what we would normally do as a standard County service. Those are going to include, on face value, landscaping and streetlights, but when you look at the list of items that are being funded, it is quite a list. Mr. Sutphin stated, "The next two pages in your package are a listing of items in this tax levy". Two items on your tax bill that are Peiican Bay specific are street lighting and security. They are divided into two general categories, operations and projects. The handout that Ms. Smith provided at the start of the meeting happens to be landscaping projects. Since landscaping is our single largest area of expense in Pelican Bay, it also appears as an 420 16 , 1 . Budget Sub-committee September 21, 2005 Unincorporated MSTU tax item, with a whole list of projects under it. It is a lot of money and the reason that I am showing this is not an attempt to analyze it in detail, but to raise the issue, is there an opportunity for PBSD, since we provide some of our own services in this same area, to have a negotiation with the County to attempt to get some relief? Mr. Petty felt that it was worth exploring and I have agreed that when the appointment is made with the appropriate person, I will attend that meeting with him to see if there is anything worth pursuing. The attempt would not be to go through it line-item by line-item, but try to negotiate some lax relief, simply because we are performing work here, that if we didn't, the County would have to come in and do it for us. Hopefully, there is something there and in a month or two we should be in a position to report back to this Board that we were either successful or unsuccessful. I will leave it at that for this meeting. Mr. Petty has agreed to see who the right people might be to talk with. GETTING COMMUNITY INPUT - WHA 11 HOW? WHEN? Mr. Sutphin stated, "The Pelican Bay Services Division Board has been criticized, both externally and internally, by people who attend our meetings and Mr. laizzo, that we do not seek community input in our decision processes". I think to an extent, that is true, although I will have to say, in general, most people even when asked, are reluctant to say anything. A real life example is that I wrote the articies for the Pelican Bay Post for two years. It was a minimum of once a month and in season it was twice a month and occasionally I would throw in a Budget Sub-committee article. Every one of my articles ended with the sentence; "If you have any questions on this or any other issue, please feel free to email me at..." In two years I probably received thirty or forty emails and 80% of them were from the same three or four people. I answered every letter as precisely as I could, as an individual, not on behalf of the Board. If that is an indication of the interest of the community in asking questions about what this Board is doing, the conclusion I come to is that 98% of them do not care, unless it is an issue that hils a "hot button" with that individual and then they are very vocal. In general, they do not appear to be all that interested in telling us how they feel about things. Mr. laizzo stated, "If you are going to seek responses from the community, you should certainly seek it when there is money being spent outside of the mandatory and essential levels". 421 Budget Sub-committee September 21, 2005 1 t, r - 1 '..J ~ That is when I suggest that you go to the residents and ask them if this money is appropriate to spend. Mr. Sutphin stated, "The question is how"? I have given this a lot of thought". I am proposing that we start with a very simple questionnaire and I took a shot at designing one to get something out to our constituents and ask them a couple of simple questions. The vehicles we have available to us that don't cost significant monies are the Pelican Bay Post, the PBSD website, which right now is virtually non-functional, but Mr. Petty has taken on as a task to get it updated, including the ability to post something like this on it and get answers. We have up and coming, towards the end of this year, a Clerk of Court mailing because there are some Board Members whose terms are expiring and there will be a selection process in the December/January time frame. I took at shot at this last year and we could not get past the wordsmithing on the questions and I gave up. We are starting a little earlier this year and we can set up to collect responses by either snail-mail, if someone is willing to invest $.37 in a response; email or telephone. Mrs. Smith has already told me that she would be more than happy to take telephone responses to specific questions, such as Question One, Answer "A". Through the interactivity that is going to be built into the website, if we choose item #3 on how we get the information distributed, then obviously we would encourage people to submit their answers along with their ballot if they choose to vote, back to the Clerk of Court. Using the Clerk of Court is a little more tedious, in that we need to actually get the Board of County Commissioners to pass a Resolution authorizing us to do it, but we got far enough along with it last year, that I think they will do it. It doesn't cost them any money and is something that is going to go out anyway. The incremental cost to us would be very small, compared to a direct mailing to our constituents. Between the Pelican Bay Post and our website, we have the ability to get something out there, essentially free. Mr. Sutphin continued, "I proposed four questions that cover two basic areas". The first is our favorite and most contentious area of spending, security. I thought it might be interesting to start with just a general question of, "Where do you feel the safest, Park Shore, Pelican Bay or Pine Ridge"? Pine Ridge being an upscale community that has no incremental security beyond 422 Budget Sub-committee September 21, 2005 16 '1 . the basic County Sheriffs Department. Pelican Bay that has historically spent money on supplemental security and the City of Naples, Park Shore, which has a dedicated police department. I have no idea how those answers would come back. Mr. Mathias asked, "Would you give them an option "D", which says I don't know, or do you want to force them to choose one of the three provided"? If you leave it as is they are going to answer one of the three, so you are going to get an answer. Mr. Sutphin stated, "We could certainly include, "none of the above" in all four of these questions". Mr. laizzo stated, "I would want to put the City of Naples in there also". Mr. Sutphin replied, "Park Shore is the City of Naples and I chose it for a reason". Number one, it starts with a "P" and I thought it would be nice to have Park Shore, Pelican Bay and Pine Ridge. It is an upscale community and is a mixture of condominiums and single-family homes that have a lot of demographic similarities to Pelican Bay. I picked Pine Ridge because it is close. Everyone knows where Pine Ridge is and if thieves tend to go there, rather than here, it might tell you something. Mr. Mathias stated, "Not that you have to adopt these, but my feedback would be add a choice "D" and say, "I don't have a clue". In other words, I don't know and have no opinion and for "C" you might want to say Pine Ridge Estates to add more clarity. Mr. laizzo stated, "This also assumes that the people who respond have lived in Park Shore and Pine Ridge". Mr. Mathias replied, "No, you are gauging their perception". Mr. laizzo stated, "Then put it down as their perception". Mr. Mathias replied, "I believe, "In your opinion" is a good question". Mr. Petty stated, "The intent of this, if I understand our conversation, is to get a better feel for the pulse of the residents of Pelican Bay, with regard to what their issues are with the budget and how we spend the money". We had talked about the issue of how you word some of this. It may be that with the issues of safety and security and the text coming in with people having various opinions, we may want to get simpler versus more complex. Instead of adding line items, 423 161 , . Budget Sub-committee September 2 t, 200S maybe we put the issue of safety and security, along with the other duties that we have and ask the residents to write them in their order of priority. Mr. Sutphin replied, "At some point I would like to do that, but the security issue has been a singular "hot button" item for the five plus years that I have been on the Board, almost to the point of being irrational". Mr. Mathias stated, "To Mr. Petty's point, that might be a vocal minority". Mr. Sutphin stated, "I was very careful in the way I phrased question #2". What you hear when someone gets up in these meetings is, why are we spending $500,000? That is like asking why is Collier County going to spend $50,000,000 for a zoo? I don't think that is the issue. Simplistically, what I am saying here, is that the average Pelican Bay homeowner, and we use $500,000 taxable value as the median cost, spends approximately $5.00 per month for security. That is what people get up and rant and rave about. I would like to know if they favor spending $5.00 per month, do they want to cut it back to three deputies and only spend $3.00 per month? That is the cost of a Big Mac. Do we want to do away with it completely and save the cost of a super sized Big Mac with a Happy Meal on the side? That's what we are talking about. Mr. Petty stated, "There have been two issues brought up". One was that we have been charged with not responding to the needs of the Pelican Bay residents; we are not hearing them, hence, the need to check the pulse of the Pelican Bay residents in regards to what we are doing. Mr, laizzo brought up that he would like to see additional parameters added, when we go to additional services, Mr. laizzo would like to see something akin to a referendum, without possibly being that expensive, but some way of polling the people to get positive responses before adopting such a service. Those are two different levels of communicating with your residents and finding out what they would like you to do as their representative. As a representative, you have to make a decision whether they talk to you or not, and providing those services is what this Board has decided to do in the best interest of Pelican Bay, based on what they have heard to date. When people ask why are you doing this, it is because that is what we have been charged with doing and our responsibility, but we are open to comment at all times. I think there are two 424 1611 . Budget Sub-committee September 21, 200S issues. One is if we are going to get into specificity about any particular service we have, I think we are going to get contentious. The more we add specification to it. Mr. Sutphin replied, "I agree with you". Mr. Petty stated, "I think your main objective here is to gauge the pulse of the people of Pelican Bay and then focus on how we ask them questions, to whatever gets the best response in the future". If it turns out that they focus on our website, then let's focus on that. Mr. Sutphin replied, "i agree and we will get back to that in a minute". I have a third objective here and it is kind of sinister, if you will. I have a feeling that even with simplistic questions like these, the rate of response is going to be surprisingly low. Mr. laizzo stated, "Give it a chance". Mr. Sutphin stated, "I would propose, as an example, if we use the Pelican Bay Post, which is free and they do print what we ask them to print, to print the same thing in three or four consecutive issues". Even people who don't read it all of the time will probably see it once in three or four consecutive issues. Mr. laizzo stated, "Or possibly hear it from their neighbo~'. Mr. Sutphin stated, "I was delighted when Mrs. Smith said she would take responses over the telephone, because they don't even have to write anything". It they are email illiterate, all they have to do is pick up the phone and call Mrs. Smith and she will take their answer. I can't think of any way to make it easier. That also argues the question to keep it simple and the caveat will be that if you want to amplify your answer with a couple of paragraphs of text, Mrs. Smith is not going to take dictation over the phone. You will either have to write it down or send it by email. Every Board Member will receive a copy of every written response. It does not say that every Board Member has to read it, but they will receive it. Mr. laizzo stated, "Could it be posted at the next meeting, rather than everyone receiving it separately"? Mr. Sutphin replied, "I wouldn't propose putting four hundred responses on an agenda, if that is what it turned out to be". The response is to Mrs. Smith, who will collate them. Anything beyond an "A, B, C, or D" will get sent to every Board Member, just as letters from residents who 425 1 h r 1 ....'lI! . Budget Sub-committee September 21, 2005 write to the Board are presently disseminated. They very seldom appear as an agenda item, but they are distributed. Mr. Sutphin continued, "The second question was a simple, in general, what level of spending are you comfortable with for community beautification"? It is our largest single area, non-capital, expense. Again, I used the monthly expense approach of which area do you think appears better and you don't have to live here to answer that one. The choices are Park Shore, Pelican Bay and Pine Ridge. I would be very surprised if Pelican Bay did not come out on top, but who knows, there could be people who think that Park Shore looks beller. The fourth question, it costs approximately $20.00 per month per homeowner to have Pelican Bay look the way it does. In your opinion, is that not enough, about right or too much? Mr. laizzo stated, "I see nothin9 wrong with that, however, this Board has the responsibility of maintaining and preserving this community, end of story, simple as that". Any time we go beyond that, to enhancement or beautification beyond norm, that is when you want to get the word out in the Post and in your write-ups to tell the public this is what we are going to spend, do you care to spend it? Give the residents ninety-days to respond. Mr. Sutphin replied, "What is the norm"? Mr. laizzo replied, "The norm is maintaining your lawns and shrubs; all the things that we basically do". Once you go beyond that is when you want to pulse the community. Mr. Sutphin asked, "You don't think it is necessary to question the single largest expenditure in our budget"? Mr. laizzo replied, "That is questionable". If is outside of the mandatory or essential level expenditures of this Board, that is when you need to go to the community to ask if you want to continue spending this money or would you rather do something else? You need to give them some options, such as private security, or Collier County Security or no security. Make it simple. Mr. Sutphin replied, "That is what I did in question one". Mr. laizzo replied, "Yes but you are talking about Park Shore". We don't know what kind of security they have. Mr. Sutphin replied, "They have the City of Naples Police Department". 426 16 , 1 . Budget Sub-committee September 21, 2005 Mr. laizzo replied, "Okay, then let's say it that way". Mr. Petty stated, "I am going to recommend that we not get into the specifics, but more into generalities". The residents are not capable of comparing private security to the Sheriffs Office. They have no statistics. Mr. Sutphin stated, "The issue of private security came up a year ago". I take the position that we are in the public services business. If the community wants private security, they have a master homeowner's association that is perfectly capable of hiring them. We either provide public security, if the residents want it, or we don't. Mr. Petty replied, "That is my point". In a simpler format you ask them if they believe that security in Pelican Bay is good at its' current level, should it be increased, should it be decreased and what is that on a priority to landscaping, streetlights, sign age and the other issues that we have? Mr. Sutphin asked, "You would not attach a dollar figure to it"? Mr. Petty replied, "No sir, I wouldn't and there are a couple of reasons for that". We provide a service for police patrol based on our interpretation of what the residents wanted, which was increased security. As stewards of the public trust, we went out and found the best one we felt was available, which was the Sheriff. That is what we are supposed to do. You can't have each resident go in and negotiate with these public and private agencies. It has to be done by the representatives and that is what we have done. Now, are you satisfied with that or would you like to see more? Those are questions on a poll, where somebody sitting all day filling out forms can skew the answers. One angry man can fill out a lot of responses. Whatever comes in, you are going to have to take with a 9rain of salt anyway. We are trying to get the pulse of Pelican Bay in response to what we are doing and to give us further direction, not for this year because that is already set in the budget, but for forthcoming years. What is the best medium to talk to the residents in, other than the networking that you already established as individuals? Therefore, if you ask simpler questions such as, do you like the landscaping as it exists or would you like to see it increased, would you like to see more flowers? Simpler questions can give you a much stronger response and I believe that is what you want. 427 111r1 . Budget Sub-committee September 21, 2005 Mr. Sutphin replied, "I don't disagree with you on the landscaping issue". The reason I feel very strongly that the security issue should have a dollar figure attached to it, is that it has gotten so much rhetoric in this room, that I do not think that the average homeowner understands it costs them a great big $5.00 per month. It has almost been irrational that the Sheriffs deputies are a waste of money, that we are spending a fortune and they are never here, which is not true. They can be called out of Pelican Bay on an emergency, which is true and is why they are public law enforcement people. Mr. Mathias asked, "This Budget Sub-committee is not making the decision to do this, are we"? We are just making the decision to submit to the Board for their concurrence, or am I wrong? Mr. laizzo replied, "We are going to make recommendations". Mr. Spanier stated, "I think that there has been some very good work put into this and the underlying notion that government by referendum is a very intriguing one". It seems to me that if we want to tap into the pulse of the community in a more meaningful way, we are overlooking a very important tool in the organization within our community of the condominium associations, homeowner's associations and the President's Council that tries, periodically, to inflate the thinking. It seems to me that it is the habit of people who live near each other, to talk about "gee isn't this terrible, wouldn't it be nice if'. These matters come up, or can come up, in the regular meetings of groups of owners. I think that a more practical system, that would have more substance and continuity in providing us with more viable insights, would be to work on a simple system of setting up a regular communications dialog, with the heads of these associations. If periodically, for some reason, we wanted to conduct a referendum with the residents, I think I would distribute questionnaires to the associations and give them the responsibility of following up and returning the viewpoints of the residents. Mr. Sutphin replied, "In a perfect world, I think your suggestion has a lot of merit". First of all, your suggestion would require the commitment of an individual on the Board to become the communications champion and get it done. If I can just use as an illustration, the time we have spent talking about two relatively simple questions in the Pelican Bay Post, it could take years for 428 I"" .. Budget Sub-committee September 21, 2005 the Board to agree on the size of the piece of paper and the wording of the questions and how much notice to provide. If someone wants to take the initiative and become the communications champion, I would welcome the input and you sound like as if you are up for the job. I would welcome the input. Anyone who wants to volunteer for anything can do so. Mr. Spanier stated, "You have to bear in mind that whether we go the route of a questionnaire and throwing the burden on our office staff of counting responses, or go the route of sending out a communication to the individual groups of homeowners, the burden of administration follow up is going to be in the office". That is where it is going to be. A member of the Board can oversee the process and collate the input for Board consideration. I redirect your attention to the point of view that many of us had on the survey conducted by Mrs. Bush and how unreliable we thought those results were and whether we thought they were representative of anything and the embarrassment and controversy that it caused. I do believe we have, at the head of each of our condominium and homeowner's associations, volunteers who are motivated to deal with issues that affect their neighborhoods, which is what we are talking about. Mr. Sutphin replied, "I don't disagree with you". I guess you have collectively talked me out of this". Mr. Burke stated, "I wouldn't see this as asking the people what we need to do". This, to me, is gelling a sense of the community. Let's say that we do get 500 responses to the safety and security issue, we have that to use when we get into the next budget planning process. Let's suppose that we get a sense from this that the people that did respond are okay with what we are doing now, most of them are going to say they feel more secure in Pelican Bay. They are not going to say I live in Pelican Bay, but when I want to feel secure I will drive over to Pine Ridge and sit there. That sets them up and when they come to the safety and security issue, maybe they say that is why I feel secure here. I think you need to put the dollar figure in there because that $550,000 figure is whipped and there are a lot of people today that swear by it. The Sheriff is never here and I am paying $500,000. When you get it down to the fact that I am paying $62.60 per year, or $5.00 per month, maybe it is not too bad. You have two, three or four very anti-PBSD people active in the community. They had an agenda item on there where they 429 16 '1 . Budget Sub-committee September 21, 2005 wanted to get in here and rip us a new one. They got on the phone. called their troops and each of them got four or five people to show up. That packs the room. If we put security on the agenda, we know this room would be packed, but it is the same people over and over. You could almost put their names on a sheet of paper. Mr. Burke asked, "How does the average person in Pelican Bay even know we are having a meeting?" Everyone should know by now that we meet the first Wednesday of every month at 3:00 P.M. How do we publicize our meetings? They pretty much have to seek us out. Mr. laizzo stated, "Mr. Domenie covers the issue in the Pelican Bay Post and whenever the Post is published it is there". Mr. Sutphin stated, "I have some thoughts on that and I was going to get to thaF. The first step is the revitalization of our website. As I said earlier, Mr. Petty has committed to get the website updated and moving forward, so that we can not only post real time communications, but use it for interactive communications. Something that I have called to some people's attention is that Bay Colony has started a weekiy email newsletter update. I guess Bay Colony is atypical because we publish an annual directory that requests people to send in their address, phone numbers and email addresses, they have an email maiiing list that reaches something in excess of 60% of the community. With the push of a button, you have something that reaches 60% of the community. I emailed the Foundation and asked them if they had such a database and believe it or not, they do not. I was appalled to find that out, but it is true. I have asked Mr. Connell if the Pelican Bay Property Owners' have an email database and he does not believe they do. Mr. Burke stated, "Even the President's Council emaillist is updated". Mr. Sutphin stated, "I believe that over time we could accumulate an emaillist by starting with the Pelican Bay Post, asking people to join a list by simply emaiiingMrs.Smith and you will be on it". As the list grows it becomes an increasingly viable way to get the word out". It would take Mrs. Smith all of thirty seconds to send the agenda for a Board Meeting to everyone who has sent an email address in. That is the world we live in and shame on us if we don't take advantage of it. If we want to solicit community input via an interactive website, the tools to do 430 lLb~l .. Budget Sub-committee September 21, 200S that can be buill into the website, it will tabulated for you and once you have it up and running, it is free. Mr. Petty, am I right? Mr. Petty replied, "Not quite". None of that would be free. It all requires work and all requires maintenance and there are fees for every1hing. Each member of this rather large Board has these tools to currently work with; their existing network of friends and family who live in Pelican Bay, any community participation that they do through a homeowners association or other projects within Pelican Bay, which I understand are considerable, information dissemination, which is through newsletters, public hearings, public meetings and other such mailings that the Board might provide from time to time. Other tools that you might want to add to that are emails, surveys and polls. There is no magic bullet in any of this. If you wish to look at additional ways to talk to the residents of Pelican Bay, because you feel you have some room to improve, you may want to consider the options you have brought forth, but they will not supplant your existing tools, they are additions to. A survey cannot take precedent over what you know in your conscience to be right, nor can it supplant what you know from your own network. The survey Is not going to come in with a 100% guarantee that this is what the people want. We don't have that technology available to us, nor do I think we are asking that for all issues, that every one of the homeowners has to vote. Keep that in mind, that it is an additional tool and you would be improving your additional tie-in to the residents and there are costs associated with all of these, Mr. Burke stated, "Along that line with landscaping, if it came back that the sense of the community was I like what you are doing and don't be afraid to spend more if you have to, we have that in our back pocket and know that the community is supporting what we are doing". Along comes a project like the East of The Berm Project and we say we need to do that. The community is saying do more, do it better. We could then go out to the community and say we are looking at doing the following things east of the berm, we need your input. You have told us you want us to continue to upgrade the community and we are going to have a meeting on the 3", come in and talk about it. Do something to spike them up and get them in here. 431 16' 1 . Budget Sub-eommlttee September 21, 2005 Mr. Sutphin stated, "I keep getting back to the website, it would be nice that for a project like that there was an artist's rendering on the website, as to what this might look like when it is finished, or to get back to something that was aborted a couple of years ago, the infamous Oakmont Lake Project". i keep gelling back to websites and email, because in spite of what Mr. Petty says, compared to other means of communications, they are the most cost effective way to get to the largest number of people, if you can get people to go there. I have probably gone overboard. I resent things that come on hard paper and envelopes and I tend not to look at them. I read more junk email than I do junk stamped mail, because I do not have to tear it open and unfold it and I don't accumulate a trash can full, I just click and it is gone. If I want to respond it is easy and it takes all of the pain out of it. Mr. laizzo stated, "Pursue the email idea". Mr. Sutphin replied, "Yes, but that is going to take time and could take a couple of years to build up a meaningful emall database, but we have to start at some point". Mr. laizzo stated, "Start at ground zero". Mr. Sutphin stated, "The other reason I really think we need to get the website up to snuff, is that as part of the paperless communications program that this Board approved, we committed to have aU documents available on the website and we haven't done it. You can't go to the website and look at the last Clam Bay Annual Monitoring Report, it is not there. The Board passed a motion that we were going to charge $200.00 a copy if someone wanted it, but they could get it free if they went to the website, but the reality is that they can't. We did not follow through on our commitment, so we are in violation of our own covenants. Mr. Sutphin continued, "To be honest I included the second question on landscaping only because I did not want to have a one question survey". I personally feel that the security issue has been a "hot button" for five years, for all the wrong reasons, and that we ought to take another shot at getting some real input, in whatever manner the Board chooses to do it. Mr. Carroll, before you got here i pointed out that a year ago we almost 90t a questionnaire out, but the Board got hung up on wordsmithing and the deadline passed and it didn't get done. Maybe this year we will have better luck. 432 16' 1 . Budget Sub-committee September 21, 2005 Mr. laizzo stated, "These questions are good, but in question four I think all you need to say is, I favor increased spending for landscaping and beautification". You don't have to go beyond that. The same applies to the second question, without getting too wordy. You only need two sentences, and then we have something to work with. SUB-COMMITTEE REQUESTS Mr. Sutphin slated, "My last item is a request for Ms. Smith". The Fiscal Year ends at the end of this month. Ms. Smith, for the Board Meeting on October 6", if you can, I would like to be able to show year-end un-audited Operating Fund Balances. which in essence, are going to tell us how much we under spent the Operating Budget for the Fiscal Year. Historically, we have been under spending by approximately $200,000 and my guess is that is where we should come in again this year. Ms. Smith stated, "Mrs. Smith gets the packages out on the 30Ih". Mr. Sutphin replied, "I don't need it on the 30th". I would like to have it for the Board Meeting. Ms. Smith replied, "I can do it as a handout". Mr. Sutphin replied, "That is fine". In November, for the Board Meeting, we will have a full report on the Fiscal Year ending September 301h. Mr. Carroll asked, "Was there any discussion about the Monday Meeting where there were a great number of words around the fire department's charge of 1 mil and the pursuit by some members of City Council to ask them to identify the incremental costs of serving Pelican Bay"? What was being pursued was that Pelican Bay is funding a good portion of District 2 fire protection and if they were just in Pelican Bay serving us, what would it cost? The fire department could not answer that question, or didn't want to. They finally ended up committing themselves to trying to produce some study as to what this hypothetical thing would be. I don't know where that is going to go, but that seemed to be the most contentious and lengthy discussion of the entire two-hour meeting. 433 1 h , 1 . Budget Sub-committee September 21, 2005 Mr. Sutphin stated, "I thank you for your input, but that is outside of the scope of the purview of this Sub-committee and I would submit, outside of the purview of the PBSD Board". It is interesting. Mr. Carroll stated, "I don't know whether that cost factor interacts with us or not". Mr. Sutphin replied, "We are not in the fire protection business and I think it is a separate issue from any1hing to do with the Pelican Bay Services Division". ADJOURN There being no further business the meeting adjourned at 4:00 P.M. Mr. Chris Sutphin, Chairman 434 16 11 . " " m :::a V) m ,... t-t ~ t-t 0 n c ....j )> m m Z Z ~ g, cmm )> t-t><Z < Z"....j Ci)~o (I) m Cc'TI :::a mt-t:::a < n....jm t-t mc:< n ~:::am m g,mz (I) mV)c: C :::a m t-t w (I) < )> t-t ... V) .. Z t-t N C 0 0 z 0 U1 ... 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April 14, 2005 A~C~/lI~D APR 18 200s Christopher Sutphin, Chair, Budget Sub-committee Pelican Bay Services Division Sun Trust Bank Building 80] Laure] Oak Drive, Suite 605 Naples, FL 34]08 Dear Mr. Sutphin, As promised, this letter is to formally convey the recommendation of the members of the Pelican Bay Foundation's (PBF) Audit & Budget Committee (A&B Committee) at their March 23, 2005 meeting with respect to the disposition of the Pelican Bay Services Division's (PBSD) unexpended cash balances (approximately $] million at March 3], 2005) residing in Collier County's bank accounts. As we understand it, these monies have been accumulated for "reserve" purposes from the taxes paid by the residents and commercial interests in Pelican Bay. We understand these funds represent both a PBSD "rainy day" fund and a cushion against unplanned and unforeseeable events and storms which may occur in Pelican Bay. After discussion at the Committee's meeting, it was the unanimous recommendation ofthe PBF A&B Committee to request the PBSD Board to please "spend down" these accumulated unexpended cash balances, bringing them to zero. The A&B Committee Membership recommends this course of action primarily because of the current PBF proposed initiative to annex Pelican Bay into the City of Naples in early 2006. Given the uncertainty as to what the Collier County Commissioners and Management Team may conclude with respect to the ultimate ownership of these unspent tax receipts, the A&B Committee wishes to take this issue off the table by eliminating any unexpended cash balances by the end of calendar year 2005. If Pelican Bay should be unfortunate enough to sustain hurricane damage or other "acts of God" after these unexpended cash reserves have been "spent down", the PBF A&B Committee would recommend, and the Foundation would approve, advancing sufficient funds to the PBSD for repairs etc., until the PBSD could tax the residents and commercial interests of Pelican Bay in the normal course ofbusiness and pay back the advance to the Foundation. Pelican Bay Foundation, Inc. - 6251 Pelican Bay Boulevard - Naples, Florida 34108 (239) 597-8081 - (239) 597-6802 FAX' E-Mail: memberservices@pelicanbay.org Page 2 1" " Should the PBSD Board wish additional conversation with respect to this recommendation or have further questions, the A&B Committee would be happy to meet at your convenience. Thanks for meeting with the A&B Committee to discuss this important matter. The Committee very much appreciates your having taken the time to listen to our thoughts and recommendation. Sincerely, ~'c~Jr.;~"c~",,", and, Treasurer and Board Member, Pelican Bay Foundation .- . 1611 November 17, 2005 . TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida November 17, 2005 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION at the Board of County Commissioners Meeting Room, Administration Building, 3301 Tamiami Trail East, Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Lindy Adelstein Paul Midney Brad Schiffer Robert Vigliotti Douna Caron Russell Tuff Robert Murray ) Fiala ~-7:~---' . Halas . -.:;~--~. Henning_~-._._. Coyle ..-0:::."-.-...... Coletta _L_.__.._ ALSO PRESENT: MaIjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney Jennifer Belpedio, Assistant County Attorney Raymond Bellows, Chief Planner Page 1 Misc. Corres: Date ~/ 14/ Db . Item# /hL;) ( (01-/) Copies to: 1611 . November 17, 2005 CHAIRMAN STRAIN: Good morning, everyone. We're a few minutes late, but we're finally going to start our meeting, if you'll all rise for the pledge of allegiance. (Pledge of allegiance recited in unison.) CHAIRMAN STRAIN: Madam Secretary, could you do roll call, please. COMMISSIONER CARON: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. COMMISSIONER CARON: Mr. Midney. COMMISSIONER MIDNEY: Here. COMMISSIONER CARON: Ms. Caron's here. Mr. Strain. CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein. COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray. COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti. COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: And Mr. Tuff. COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Okay. We have a quorum. The addenda to the agenda, Mr. Schiffer? COMMISSIONER SCHIFFER: Can we add September 15th's minutes? They were in the meeting that was canceled because of the storm, but we should have them in our packets. CHAIRMAN STRAIN: Is there any problem with that, Ms. Student? MS. STUDENT: No, I don't see a problem with that. CHAIRMAN STRAIN: Okay. Planning commission absences. Ray, what's our next series of meetings? MR. BELLOWS: Mr. Chairman, if I could just put on the record, too, that item 8E is continued. CHAIRMAN STRAIN: 8E? MR. BELLOWS: Yes. CHAIRMAN STRAIN: Michael D. House, the eco-tourist facility, Petition CU-2003-AR-4647 has been continued. And is the continuation date still December 1st? MR. BELLOWS: To my knowledge, it is. CHAIRMAN STRAIN: Okay. Is there anything else, Ray? MR. BELLOWS: That's all I have. CHAIRMAN STRAIN: Our next scheduled meeting is December 1st. Then we have an AUIR meeting, but that's not until mid December; is that right? MR. BELLOWS: Let's see here. Meeting on December 15th. COMMISSIONER CARON: The 20th is AUIR. CHAIRMAN STRAIN: Okay. I just wanted to make sure, because there had been other dates. COMMISSIONER CARON: The I st and the 15th are regular meetings plus LDC. MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Okay. So for this commission's knowledge, then, the I st, 15th and 20th we will be meeting in December. COMMISSIONER MURRAY: 15th-- CHAIRMAN STRAIN: And 20th. MR. BELLOWS: 20th at what time? CHAIRMAN STRAIN: What time is the 20th, Ray? Page 2 16 , 1 . November 17,2005 MR. BELLOWS: It's one o'clock. CHAIRMAN STRAIN: No, I think we start earlier than that. COMMISSIONER CARON: It was nine, nine o'clock. MR. BELLOWS: Nine o'clock. CHAIRMAN STRAIN: Okay. That's the AUIR. Thank you. Okay. We have two packages of minutes for approval. One is the September 15th. Is there a motion to approve? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER SCHIFFER: So moved. CHAIRMAN STRAIN: Motion is made by Commissioner Adelstein, seconded by Commissioner Schiffer. Any discussion? Hearing none, all those in favor? Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. MR. BELLOWS: We have a second package, September 30th. Is there a motion to approve? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by-- COMMISSIONER SCHIFFER: I'll second with a question. CHAIRMAN STRAIN: -- Commissioner Schiffer. Discussion? COMMISSIONER SCHIFFER: Why is the type so big on it? I mean, are we -- do we get paid by the page or something? It was actually -- it was difficult to read because it's so big. CHAIRMAN STRAIN: I don't know. I'm sure those of us that are sight impaired, reading, probably enjoyed it, but is that the only issue? COMMISSIONER SCHIFFER: That's my only issue. CHAIRMAN STRAIN: Is there -- I'll call for the vote. All those in favor of approving the minutes, signify by saying aye. Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Nobodyopposed. Motion passes. Thank you. Recaps. Ray? Page 3 '1 !?=, ~.. 1~ No~ember flFl, 200:5 MR. BELLOWS: Yes. The board had a heavy agenda last Tuesday. The board approved the reconsideration for the Sonoma Oaks petition 4 to I. The HD Development petition was approved 5 to O. A conditional use for the Haitian church was approved 4 to I. Bristol Pines PUD rezone was approved. Cirrus Pointe rezone was approved. Conditional use for Office Depot was approved. And on the summary agenda, the Mercato PUD was approved. Also the Westport Commerce Center PUD was approved. CHAIRMAN STRAIN: Okay. Thank you. Under chairman's report, I have two things to mention to the commission. I had told you the last meeting I was working on a book of laws that apply to the planning commission. I have sections from our code oflaws that apply, land development code sections, Florida statutes and resolutions so far, and I'm missing one body oflaw that I'm trying to get ahold of that I want to include in this so that you have a complete package, and I hope to have that by your next meeting. I talked to Mr. Schmidt about getting these copied and bound in binders like this for each one of us. Thanks to Mr. Schiffer's suggestion, you'll find that there are some issues in here that will be very enlightening to this commission and issues that we can actually initiate and things that we could probably do to maybe help things along better. So that's going to be another -- another meeting. I won't have it for this meeting, unfortunately. The other thing, Ray, in yesterday's -- or two days ago, I watched portions of the BCC meeting. I would like to mention to this commission one thing that occurred I was -- did not -- was a little bit displeasing. The attorney for HD Development told the Board of County Commissioners that the reason we had turned down the HD Development project was because of an affordable housing issue, and that in order to correct that, he was going to offer a contribution, and that seemed to be the sake or the only reason that we turned it down, which I know is not right. I, myself, listed four or five reasons, none of which were the affordable housing issue. I don't -- I don't know how to stop things like that from happening, but I wanted the commission to know it certainly was not -- it was not put forth in the manner in which I think was expressed at this meeting. MR. BELLOWS: Yeah, I agree. For the record Ray Bellows, zoning manager. The staff usually follows the presentation. The petitioner can correct on the record. I watched it also, and noticed that because of the heavy agenda, that our staff wasn't allowed to get up there and correct the record. However, the executive summary did have full planning commission recommendations. CHAIRMAN STRAIN: The only problem is that the watching public and those sitting in the audience -- MR. BELLOWS: Yes. CHAIRMAN STRAIN: -- hear one issue and don't see some of the real supporting documentation. MR. BELLOWS: That's the policy for staff to correct the errors made by the applicant, and unfortunately, they were not given that opportunity. CHAIRMAN STRAIN: Well, I wanted to make sure during this moment of my report, I could at least try to correct the record somewhat here today. COMMISSIONER SCHIFFER: Mark, can I ask something? CHAIRMAN STRAIN: Sure. COMMISSIONER SCHIFFER: Ray, after things come before the planning commission, there is an additional executive summary that's put on top of, essentially, the same paperwork we get, correct, that goes to the commission? MR. BELLOWS: It's a summary of the staff report. We don't replicate the entire staff report. We just take the highlights of -- COMMISSIONER SCHIFFER: Of the meeting we had, correct? MR. BELLOWS: Yes. Page 4 1611 . November 17, 2005 COMMISSIONER SCHIFFER: Is there a way we could get a copy of that? MR. BELLOWS: Of the executive summary? COMMISSIONER SCHIFFER: Right. MR. BELLOWS: I believe you can view it on line. I'll check into seeing how that could be arranged. CHAIRMAN STRAIN: Or to save paper and courier fees, I know-- MR. BELLOWS: E-mail? CHAIRMAN STRAIN: Just either E-mail a link to us so we can check it out at our leisure, because all of us may not have a desire to check it. I know I probably will once in a while. COMMISSIONER SCHIFFER: I will, too. CHAIRMAN STRAIN: That might be easier. MR. BELLOWS: E-mail sounds like a better way. CHAIRMAN STRAIN: Okay. With that, we'll move into the items on the agenda. The first one is petition BO-2005-AR-7185. For those wishing to testify on this particular issue, would you please raise and be sworn -- rise and be sworn in. (Speakers sworn.) CHAIRMAN STRAIN: Thank you. Are there any disclosures on the part of the planning commission? No disclosures? Then the applicant may proceed. MR. KURTH: Good morning. For the record, Quin Kurth of Turrell and Associates, representing the applicant, Mr. Dick Jordan. Mr. Jordan is requesting a 22-foot extension from the allowed 20 feet in the waterway approximately 214 feet wide. I would like to note that the original boat dock extension application had requested a 31- foot extension from the allowed 20 feet, thus the new dock protrusion has been reduced by 9 feet. This request ofa 42 feet rather than 51 feet is for a single-family dock located at 158 Windward Cay in Port of the Islands, as you can see from the aerial. The boat dock extension is to facilitate the mooring of two vessels, one vessel 30 feet in length and one vessel 20 feet in length. The proposed dock has acquired state and federal permits and meets the first and secondary criteria per the BOE application. The proposed docking facility has been designed to provide sufficient water depth for the larger vessel and boat lift and to prevent impacts to adjacent property owner's view. As you can see, this is the existing original application for the BOE, 51 feet, and this is the revised boat dock extension of 42 feet. As you can see, we have the larger vessel moored. I have water depths right here. And this vessel is 30 feet in length, thus, the draft is approximately two and a halffeet, with another foot, foot and a half for the boat lift, thus requiring about four feet in depth, and that is mean low water. And these drawings, you should have in your package. I would like to present an aerial which you don't, and I can pass that out right now. COMMISSIONER ADELSTEIN: The one you showed over there -- CHAIRMAN STRAIN: Here's mine. COMMISSIONER ADELSTEIN: Thank you. MR. KURTH: Once again, this is off the Faka Union Canal in Port of the Islands. Our subject property, Mr. Jordan, 158 Windward Cay, is this dock right here, and the protrusion of 42 feet. As you can see, there are docks congruent within the inlet. We have 32, 37, 43 and 44 within the inlet. Like I said, I mean, it does not impede navigation, and we actually coordinated this with lot 37 to reduce -- or not reduce, Page 5 16~1 0 NovemBer 17,2005 but prevent impact to the adjacent property's view. Are there any questions? CHAIRMAN STRAIN: Commissioners, any questions of the applicant? COMMISSIONER SCHIFFER: Just one. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: You're going to be removing a portion of your dock to build this? MR. KURTH: Yes, sir. CHAIRMAN STRAIN: Okay. No further questions. Thank you. MR. KURTH: Thank you. MS. BELPEDIO: Mr. Chairman, may I interject? CHAIRMAN STRAIN: Yes, ma'am. MS. BELPEDIO: I'm not sure how formal this group has been in accepting evidence into the record, but in the past I've seen bodies and motions move documents that are presented by petitioners or applicants into the record so that the court reporter can have a copy, and anybody reviewing the record will know what was looked at and what was relied upon. If that's the pleasure of this board, you may want to do a motion. CHAIRMAN STRAIN: I see no reason why we shouldn't be more formal in that process to make sure the record is clear, and we have had many things already supplied to us this morning. So as each issue comes up, we'll probably have to go back and revisit the information that was supplied and do the same thing. COMMISSIONER SCHIFFER: I'll make a motion to accept the aerial photograph, but you have to give the court reporter a copy. CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: I'll second that. CHAIRMAN STRAIN: Motion made by Commissioner Schiffer, second by Commissioner Vigliotti. Any discussion? The motion was to accept into evidence the aerial photo passed out at the meeting here today. All those in favor? Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion passes. COMMISSIONER ADELSTEIN: I move that we approve DB -- CHAIRMAN STRAIN: We have to hear the staff report and the public -- COMMISSIONER ADELSTEIN: I'm sorry. CHAIRMAN STRAIN: Thank you. COMMISSIONER ADELSTEIN: I wanted to get it done. CHAIRMAN STRAIN: Okay. Page 6 16 J 1 . November 17, 2005 COMMISSIONER ADELSTEIN: It was so clear. CHAIRMAN STRAIN: Staff report, please. Hi, Joyce. MS. ERNST: Okay. For the record, I'm Joyce Ernst with zoning and land development review. And as the applicant has said, this was originally on the July 7th agenda. However, because of opposition from adjacent neighbors, it was continued. The whole boat dock was reconfigured, and so now it's why it's being presented again today. And as you can see by the drawing that the applicant submitted, they are removing most of this dock, and really putting in a whole new boat dock, and the lot to the east, to the east of this is undeveloped. The lot to the west extends out 32 feet into the water, and there are similar extensions that have been granted in this same canal, and they plan to moor this vessel parallel to the shoreline to provide the least impact on the view of the adjacent neighbors and also still to not interfere with the use of the neighboring docks. Now, I did get a call yesterday from the neighbor to the east, and he originally was opposed, was one of the ones who was opposed to the 50-foot -- 51-foot extension, and after I explained to him how it was reconfigured, and they reduced the protrusion by nine feet, he then was -- didn't seem to have any opposition to this boat dock. I also just now received a copy of a note from Allen and Sandra Pitts. Now, they live at 154 Windward Cay. I'm not sure where this is in relationship to this dock, but they are not opposed to this extension. This facility complies with five of the five primary criteria, and five of the six secondary criteria. When you read your staff report, I think if you noticed on Page 6, I had -- there was an error on that, and I corrected it, and I faxed all of you a copy of the corrected page. I hope you all received it. If you want a hard copy, I can supply you with that also, and based on all of this, staff has to recommend approval for this extension. Are there any questions? CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: Joyce, there's two boats being put on here, and the problem with one ofthe criteria is the length of the two boats. Is the bigger boat going to be on the outside or the inside? MS. ERNST: It shows it to be on the inside. COMMISSIONER SCHIFFER: And we're sure of that? MS. ERNST: Well, that's what that drawing up there shows. It has the -- and I talked to the applicant, and they said the reason they put it on the inside was to least -- because it was on the outside, it would be impacting the view more than on the inside. COMMISSIONER SCHIFFER: That's my concern. Okay. MS. ERNST: That was one of the main objections before, was people felt that it was going to be more parallel -- perpendicular with the shoreline, and being perpendicular with the shoreline, the people at the end of the canal would have -- you know, it would obstruct their view more than being moored this way. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Any other questions of staff? Hearing none, thank you, Joyce. Ray, do we have any public speakers? MR. BELLOWS: No registered speakers. CHAIRMAN STRAIN: Okay. We'll close the public hearing, and I bet you, Mr. Adelstein, you've got something to say. COMMISSIONER ADELSTEIN: Sorry about that. Page 7 16" . November 17, 2005 I move we approve DB-7l85, subject to staff recommendations. COMMISSIONER MURRAY: So second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Mr. Murray. Any discussion? All those in favor, signifY by saying aye. Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion passes 8 to O. The next petition is BD-2005-AR-7848. John Pullman, four-foot boat extension. All those wishing to speak on this matter, please rise and be sworn in. (Speakers sworn.) CHAIRMAN STRAIN: Are there any disclosures on the part of the planning commission? Hearing none, the applicant can move forward. MR. KURTH: Good morning, once again. Quin Kurth, Turrell and Associates, representing the applicant, Mr. John Pollman. The applicant is requesting a four-foot extension from the allowed 20 feet for a single-family dock located at 584 Coconut Avenue in Goodland. The boat dock extension is to facilitate the mooring of one vessel 35 feet in length. The proposed dock has acquired federal permits and meets the first and secondary criteria per the BDE application. The proposed dock extension does not constitute any precedence for protrusion into the waterway, nor does it impede navigation or create an impact to the adjacent property's view. We have not exceeded the 25 percent width of waterway, and the vessel is moored at an angle to avoid disturbance with the adjacent dock to the west. Once again, we are requesting a boat dock extension of only four feet, and all criteria has been met. I have aerials to pass out again. IfI could have Rocky come up and pass those aerials out. CHAIRMAN STRAIN: I was wondering what he was sitting there for. MR. KURTH: Thank you, Rocky. CHAIRMAN STRAIN: Jennifer, is it -- procedurally, should we be making a motion to accept this matter before we discuss it, or at the end of the discussion? MS. BELPEDIO: Before, I think, would be the better. CHAIRMAN STRAIN: Okay. Well, we have been passed some additional information. If there is no objection to accepting this into the record, do I have a motion to accept it into the record? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by Commissioner Schiffer. Any discussion? Hearing none, all of those in favor? Aye. Page 8 No~e~e! h, 2005 COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: AYl;. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Opposed? (No Response.) CHAIRMAN STRAIN: None. Motion carries 8 to O. MR. KURTH: What you have in front of you is a zoomed-out aerial. Prior to viewing that aerial, I would like to show one zoomed in. As you can see, this is our subject property. Mr. Pullman, the applicant, is requesting to install a seawall and a single-family dock and moor one vessel and the total protrusion would be 24 feet. We would not exceed the 25 percent line of the canal. Weare within our setbacks. And you can see the other docks are congruent within the area, and this larger aerial I'm about to show depicts this very well. Our subject property, as you can see, the docks to the south have a protrusion of 38 feet, 33 feet, 25 feet, 29 feet just south and so forth, and the adjacent dock to the east is the same distance out. There is 55 feet within the navigational channel which produces plenty of room to navigate, so I don't see how this could impede navigation or block the adjacent property's view. As you can see, the dock has been angled just to avoid impacting the adjacent dock to the west. There is a request for only four feet. I understand there are public speakers for the proposed boat dock extension, and I would greatly appreciate the opportunity to address any concerns they might have. Are there any further questions? CHAIRMAN STRAIN: Questions of the applicant? Mr. Murray. COMMISSIONER MURRAY: Yes, sir. The material that appears to be soil or stone or something, is that -- am I correct in that, by the dock where the configuration is? MR. KURTH: Let me-- COMMISSIONER MURRAY: What is that material that seems to be extending itself out into the waterway? MR. KURTH: Am I pointing to it right now? This material, or is it landward of the -- COMMISSIONER MURRAY: That's correct, sir. MR. KURTH: Landward of the seawall? COMMISSIONER MURRAY: Yeah -- is that what -- MR. KURTH: There are existing mangroves right here. COMMISSIONER MURRAY: That's mangrove? MR. KURTH: Yeah, there's one small patch. Then there is existing riprap. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Any other questions? Mr. Schiffer. COMMISSIONER SCHIFFER: Looking at the topography map that you supplied, couldn't you pull this in? I mean, why are you putting it where you are putting it? MR. KURTH: I can show you this. COMMISSIONER SCHIFFER: And what do you normally need underneath the boating -- what are you trying to -- what kind of a depth are you looking for? Page 9 16' . I ~'i " ''''>, ~;il 0 Novemberl1; 2005 MR. KURTH: To answer your first question, the reason we've angled the dock is you can see, which I'm pointing to, a finger pier on the adjacent property to the west. Therefore, when the vessel backs up, it will not impact that dock. That is the reason for our extension. However, if that dock was not there, I mean, we would still need to put it out 23 feet, which I do have a drawing, and that is where the terminal platform is parallel to the seawall. That's where we're requesting, you know, the same depth as the last petition. We have a 30-foot boat and -- 35-foot boat with two and a half, approximately two and a halffoot beam and another foot and a halffor the boat lift, so about four feet. I have a drawing with water depths, so I can show that to you. COMMISSIONER SCHIFFER: Right. And that's the important one, because it looks like you could actually pull the dock back a little bit -- MR. KURTH: Well, as you can see, we have a proposed seawall, and right here on the comer is four feet, and right at the edge of this dock is four feet. And there is riprap. Let me show you the survey. COMMISSIONER SCHIFFER: It looks like the dock is four foot seven on the edge, at the western edge, and it appears to me that if you actually rotated it parallel with the property line a little bit. MR. KURTH: Ultimately, I think we could put it parallel to the seawall, but once again, we are impacting that adjacent property's dock to the west. If you moor the dock parallel, which I have that drawing, you can see, backing up would cause problems with that dock. So in fact, I mean, we do have water depths at this stage. I don't believe we can move it in any further from this point, but we're still having problems with the adjacent property's dock to the west. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Okay. Any further questions of the applicant? (No response.) CHAIRMAN STRAIN: Thank you. MR. KURTH: Thank you. CHAIRMAN STRAIN: Does staff have a report? MS. ERNST: For the record, again, I'm Joyce Ernst with zoning and land development review. And I trust that all of you received the letters of objection that I put in the last agenda packet. Since that time, I've received two more letters of objection and both of these letters were from people who were on the other side of the canal from where this property is, and their objection was that they felt that the canal was too narrow to accommodate this four-foot boat dock extension. And I just want to give you a little background on how protrusions have been measured, because if you looked at the aerial that the applicant had, and let me give you another one, again, too, there are other docks on this waterway that protrude more than 20 feet. Well, before 1994, boat dock extensions were always measured to the property line, regardless of where it was located. Also, before 1994, we just looked at the boat dock. We didn't look at the boat dock and the boat in combination. However, after that time, we now measure boat dock extensions for the most restrictive point. If your property line is in the water, we still-- we measure it from the shoreline and not the property line. In addition to that, we measure a combination of boat and dock. So if some ofthose people were to put these docks in today, the ones that extend out more than 25 feet from the shoreline or seawall, they would also require boat dock extensions. Now, this property is -- the property line for this subject lot is located ten feet seaward of the proposed seawall. Now, they propose to put the seawall in line with the adjacent seawalls, which is basically where your mean high waterline is also. Page 10 1611 '. November 17, 2005 The property to the east of this has a boathouse, and it appears to extend out approximately 20 feet. The property to the west has, as the applicant pointed out, a small boat dock that is right on the property line. It has another boat dock that is along the edge of the property, and they also have a boat slip, and it appears that the house is built over this boat slip. Now, the owner wishes to moor this boat parallel with the shoreline to have the least impact on the view of neighbors and to not impact the use of their docks, and still, 50 percent of the waterway is left for navigation. The petition complies with five of the primary criteria, and five of the six secondary criteria, and therefore, staff recommends approval. And does anyone have any questions? Yes. CHAIRMAN STRAIN: Commissioner Schiffer. COMMISSIONER SCHIFFER: Joyce, do you have this one thing, it's an elevation? It is numbered -- it's Section AA, Section AA. MS, ERNST: You want us to put that on the overhead here? COMMISSIONER SCHIFFER: There are some questions about where we're measuring this thing from. What I'm concerned about is the shoreline conditions. Good. You are proposing to put in a seawall. So I guess they couldn't build this until they put the seawall in; is that correct? MS. ERNST: A seawall can go in in an undeveloped piece of property. That can go in -- as long as they get all of their state permits, it can go in at any time. But yes, they would want to build that before they put the dock in. COMMISSIONER SCHIFFER: Okay. And where do we measure from normally? You mentioned high water. In other words, is it atop a bank? Is it seawall? If they did not put the seawall in, where would we measure -- MS. ERNST: Because their property line is in the water, we would measure the extension from either the mean high waterline, or once they put the seawall in, it's going to be measured from the seawall. That's the most restrictive point. COMMISSIONER SCHIFFER: Okay. And where is the property line in relation to the seawall, do you know? MS. ERNST: It's ten feet seaward of where the proposed seawall would go in. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Could they put a seawall in at their property line if they got the permits to do so? MS. ERNST: Yes, they could. CHAIRMAN STRAIN: And then the boat slip would then be measured from the seawall -- MS. ERNST: That's right. CHAIRMAN STRAIN: -- waterward? So actually, they have got ten feet that they could actually push the seawall out and maybe not even need a variance to get this dock put in. MS. ERNST: It appears that most of those lots in Goodland, all of their property lines seem to be in the water. I did notice one property that I think they did that, because the seawall juts out, and that was on the other side of the canal where possibly they put the seawall in on the property line and not ten feet landward of the property line. CHAIRMAN STRAIN: The aerial that was provided that we admitted into evidence has a bunch of measurements on it. There's eight other docks shown in red on the aerial. Every one of them exceeds 20 feet, one of them is as much as 38 feet. Page 11 11~. . ... 'l' NoJtm~r~17; 2001> Is it assumed that all of those docks now are grandfathered in from prior actions? MS. ERNST: I would assume so, and if they wanted to replace those docks, you can replace a nonconforming dock as long as you can show proof that it was legally, you know, put in with either a building permit or you bring in an aerial to show that it existed in 1990, but it would have to be, you know, the same dock. You cannot encroach any more. CHAIRMAN STRAIN: The dock directly across the water from this one is 29 feet, according to the sheet that was provided to us. MS. ERNST: Yeah. I mean, that's the way it looked to me. I was looking at the measurement on all of the docks, and that seemed to extend out quite a distance. CHAIRMAN STRAIN: There was a survey attached, and it shows those two docks at about 30 feet so I'm assuming the aerial that's here is fairly accurate. MS. ERNST: Yeah. From the aerial, you don't get exact, but you can get an approximate distance. CHAIRMAN STRAIN: Thank you, Joyce. Any other questions of staff? Hearing none, Ray, do we have any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. I'll close the hearing on petition BD-2005-AR-7848. Is there a motion? COMMISSIONER ADELSTEIN: I move we approve BD-7848, subject to staff recommendations. CHAIRMAN STRAIN: Is there a second? COMMISSIONER MURRAY: I'll second. CHAIRMAN STRAIN: Motion's been made by Commissioner Adelstein, second by Commissioner Murray to approve the petition. All those -- is there any discussion? All those in favor, signifYing by saying aye. Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Is anybody opposed? (No response.) CHAIRMAN STRAIN: Motion passes 8 to O. The next petition is Petition BD-2005-AR-7970. James M. and Ellen Boswell. That's another boat dock on Little Hickory Shores. All those wishing to testifY, please rise and be sworn in. You guys are going to do this a lot this morning, I can tell. (Speakers sworn.) CHAIRMAN STRAIN: Any disclosures from the planning commission? Hearing none, we'll move on, and they're going to let you do something, Rocky, huh? MR. SCOFIELD: Good morning. For the record, Rocky Scofield, representing Jim Boswell, the owner. The -- what I've put on the aerial overhead is a vicinity, a map. It shows this is up in the Little Hickory Shores up in north -- the north end of Collier County off of -- just south of Bonita Beach Road. Mr. Boswell's residence is on Third Street, at 270 Third Street West, and that's -- this is Third Street Page 12 16 , 1 . November 17,2005 West right here on the end, and -- CHAIRMAN STRAIN: You'll need the speaker, Rocky. I'm sorry. There is a handheld behind you. MR. ROCCO: Sorry. This is on the sector of Little Hickory Bay right here, and you can see the wide expanse across here. On the west side of the bay over here is the subdivision of Lely Barefoot Beach. This is the Southport subdivision. Across Little Hickory Bay, this is the end of Third Street. You come around the comer on the inside of Third Street as referenced by this arrow, and then there is a circle there showing the location of the proposed dock. The dock is -- it's zoned as a BD lot. That's a boat dock lot. You've seen these before in here. They are on Third Street. They are small lots. They are not big enough to put a residential house on, and so they are zoned boat docks only. Most of these -- a lot ofthese docks in these areas have zero lot lines that was gone through the land development code before, and Mr. Boswell's lot is one of them. Mr. Boswell actually owns -- his residence is adjacent to this boat dock lot. He lives on Third Street just adjacent to it on the west side of this lot. Okay. On this -- just again, on an aerial, the dock is located where I have the pointer right up here in this comer. Mr. Boswell's residence is right here on the west side in the comer of Third Street. A lot of the docks in this area have two slips. We're only proposing one slip on this lot. It is a zero lot line, as I said before, and we just have one boat lift on this lot, and we have a little bit of excess deck area, as you can see from your drawings inside. Mr. Boswell is confined to a wheelchair. A lot of the -- part of -- at least a third of the deck area, though, is above the mean high waterline, so it's not excessive. We don't view it as excessive deck area. It's designed so he can get around his dock to both sides and maintain the boat up and down, and he does that. He's very active for being in a wheelchair, and he does all of this himself, in and out of the boat, and we've designed it in order for him to do that. A lot of the docks in this area stick out 40 feet on this aerial. There are several -- this dock right across on the end of, it looks like, I believe this is Second, this dock sticks out 50 feet. I have permitted several other docks along Third Street, and the boat dock lots extend out 32 to 45 feet, so this is nothing uncommon in this area. It's riprap and mangrove shorelines. It's very shallow near the shore, and the reason to put the extension out. The bows are -- the docks are all, in this area, are bow in, perpendicular to the shoreline in order to get enough depth under the stem of the boat. And if you have any questions, I would be glad to answer them for you. CHAIRMAN STRAIN: Commissioner Caron. COMMISSIONER CARON: Yeah. Right now, you're showing just this one boat dock. Does your client have the ability to put another boat dock right in front of his house? MR. SCOFIELD: Mr. Boswell can -- he can put a dock in front of his house ifhe wishes. COMMISSIONER CARON: And he owns another BD lot, too, right? MR. SCOFIELD: Do you own another lot, Jim? MR. BOSWELL: No. MR. SCOFIELD: No, he does not. He just owns the lot -- his residence is adjacent to this. COMMISSIONER CARON: Okay. MR. SCOFIELD: Let me put this on the overhead. That's in your packet. That's the design of the dock. It is out to the property lines. There's only one -- it's designed for one slip, one boat lift, and the access on both sides is so he can get around to the boat. COMMISSIONER CARON: It just looked, in something that I saw, like there was another lot to Page 13 Nol~eJ J, 2005 the west. Right, but-- MR. SCOFIELD: On this aerial, this is Mr. Boswell's residence right here where I'm pointing to. COMMISSIONER CARON: Yes. MR. SCOFIELD: This is his shoreline property in front of his home, which has a large mangrove area in front of a -- a vertical concrete seawall, there's a very extensive mangrove shelf out in front of this. Mr. Boswell owns the boat dock lot next to his house, and that's where he chooses to put -_ COMMISSIONER CARON: But there is not a lot 11, correct? There is not a boat dock II? MR. SCOFIELD: Let me get the survey out. COMMISSIONER SCHIFFER: There may be, Donna, but it's not on that side. MR. BOSWELL: Well, at one time it was -- CHAIRMAN STRAIN: We can't have testimony offthe record, Rocky. MR. SCOFIELD: I'm sorry. Jim, do you want to come up and talk to that? MR. BOSWELL: Good morning, Commissioners. My name is Jim Boswell. CHAIRMAN STRAIN: Mr. Boswell, were you sworn in? MR. BOSWELL: Yes, I was. CHAIRMAN STRAIN: Thank you. MR. BOSWELL: Before the house was built approximately eight years ago, there were two lots. Lot 11, I can't remember which block, and lot 16. Those two were combined by virtue of the fact that we did a lot line adjustment in order to build the home. So for the record, that lot 11 does -- simply does not exist anymore. That's combined with lot 16. CHAIRMAN STRAIN: Thank you. COMMISSIONER CARON: Okay. MR. SCOFIELD: If you have any questions, I'll be glad-- CHAIRMAN STRAIN: Commissioner Schiffer, do you have questions? COMMISSIONER SCHIFFER: When you support the dock, the pile, will that be outside or in line with it? In other words, you kind of show it up close to the property line, but where would the supporting pile be? MR. SCOFIELD: In any structure of the dock, it has to be inside the extended riparian lines, and that's laid out by surveyors. COMMISSIONER SCHIFFER: All right. Thank you. CHAIRMAN STRAIN: Any other questions of the applicant? Hearing none, we'll move on to the staff report. Thank you, Rocky. MR. SCOFIELD: Okay. MS. ERNST: For the record, I'm Joyce Ernst from zoning and land development review. And as Rocky said, this is going to be on one of the boat dock lots, and this was one of the docks that received a variance to build right up to the riparian line. The dock to the east of this extends out 45 feet, and that also was built right up to the riparian line. That also received that variance. Now, the owner lives to the west, and he was granted a boat dock extension in 1998, but he said he chooses, because he doesn't -- of the view that he has and all of the mangroves, he is choosing, at this time, not to build any boat docks. Since he owns this boat dock lot, he wants to build his boat dock on that lot. And past his -- Mr. Boswell's lot, there is a boat dock that extends out 40 feet into the water, and that's to the west ofMr. Boswell's lot. He plans to moor this boat perpendicular with the shoreline so it won't affect the use of the neighboring docks. And it doesn't affect navigation at all. It's quite a wide waterway there. Page 14 1 .. r 6j otmbJ,17, 2~05 I have not received any comments whatsoever for or against it. It complies with the criteria as indicated in the land development code, and therefore, staff recommends approval. And does anybody have any questions? Yes. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: Just for clarification purposes, please, to the side of that dock, there would appear to be two squares. Is that a dock or is that -- what is that, please? Do we know? MS. ERNST: It's two boat lifts. COMMISSIONER MURRAY: Those are boat lifts? MS. ERNST: Yes. COMMISSIONER MURRAY: And is there -- I would --looking at that, I would wonder if there is sufficient clearance. Apparently, there is, but it certainly doesn't look like there is. MS. ERNST: Those boats are also moored parallel with the shoreline. So -- I'm sorry, perpendicular. COMMISSIONER MURRAY: Perpendicular would be logical. MS. ERNST: Perpendicular with the shoreline, as Mr. Boswell wants to moor his boat also. COMMISSIONER MURRAY: But there is adequate clearance, I take it. I see a nod from Mr. Scofield. MR. ERNST: Okay. CHAIRMAN STRAIN: Are there any other questions of the staff? Hearing none, Ray, do we have any public speakers? MR. BELLOWS: No speakers. CHAIRMAN STRAIN: No public speakers. We'll close the hearing for petition BD-2005-AR 7970 and entertain a motion. COMMISSIONER ADELSTEIN: I move that we approve DB-7970, subject to staff recommendations. CHAIRMAN STRAIN: Do you mean BD? COMMISSIONER ADELSTEIN: BD. CHAIRMAN STRAIN: BD-7970. Is there a second? COMMISSIONER MURRAY: I'll second that. CHAIRMAN STRAIN: Motion by Mr. Adelstein, second by Mr. Murray. Is there any discussion? No discussion, we'll call for the vote. All those in favor? Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion passes 8 to O. Thank you. Next petition, BA-2005-AR8010. James and Margaret Fornear, and it's a setback encroachment in Vanderbilt Beach. All those wishing to testifY in this matter, please rise and be sworn in. Page 15 Nle~l t, ;'~lt5 (Speakers sworn.) CHAIRMAN STRAIN: Disclosures on the part of the planning commission? I had a conversation with Mr. Booker concerning the setback. Other than that, nothing else. COMMISSIONER SCHIFFER: Can I ask the county attorney a question? Ifwe looked up something, in this case, I looked up the original permits, is that something we should disclose and bring into the record or do we have to do that? MS. STUDENT: Well, if you want to enter it into the record, then I feel that you would need to distribute it and have a motion made for it to be entered. Other than looking it up, I don't know that it's an ex parte communication with anyone. It's not like a site visit. It's not like a letter or a communication that you received. It's just an independent research that you did on your own. I don't think it could ever hurt to make the disclosure that you did look into it further, and that you may wish to enter some things into the record yourself. But I think it needs to be passed out to everyone, including the petitioner and any interested parties. COMMISSIONER SCHIFFER: Okay. Then no disclosures. CHAIRMAN STRAIN: I'm glad that the county attorney has offered that as an opinion, because I mean, we go through books of data. So this is much better. Go ahead, Mr. Brooker. MR. BROOKER: For the record, Clay Brooker on behalf of the applicants, Jim and Margaret Fornear. Before you is another one of the Vanderbilt Beach variance applications. I know the commission has seen several of them thus far. This is an after-the-fact variance which pertains to the rear yard setback, as applicable to an accessory structure, namely, a screen enclosure. It is on a waterfront lot. The back yard, basically, as you can see from the picture up on the screen there of -- the Fornears' house is in the middle of that photograph. They do back into a -- back up to a canal that's approximately 100 feet wide. Under normal conditions, the code requires a ten-foot yard setback for the accessory structure. This is not one of the cases where 20 feet is required because the deck is within four feet of the height of the seawall, so we're not dealing with any issues there. We are seeking a 5.3 foot encroachment into the ten-foot setback, which will leave 4.7 feet between the screen enclosure and the outside edge of the seawall. Mr. and Mrs. Fornear purchased this house in late 1996 from the original owner/builder. Both Mr. Fornear and that builder have informed me that the Fornears moved in after the spa. There is no pool here, it's just a Jacuzzi type spa and screen were installed. Bottom line, what that means is Mr. and Mrs. Fornear are innocent successor purchasers. They lived in this house for approximately nine years without any complaints being raised. The first notice or knowledge of any problem was a notice of violation filed by the code enforcement department of the county in approximately 2003. The neighbors on either side of the Fornears' house, and their houses are pictured on the picture on the screen as well, to the left side or to the west is Ms. Ayaydin or Ayaydin, I apologize if I'm mispronouncing her name, and to the right or to the east is Mr. and Mrs. McWhirter. Both of those neighbors have no objection to this petition, and have issued or sent in letters to the county in support of this petition. I have asked Mr. Bosi to make those part of the record. And ifhe, for whatever reason, forgets to do so, I formally request that those letters be made part of the record. Another issue, and I guess the reason why I'm bringing up that point is one of the factors to consider is -- in determining whether this variance should be granted is whether the goals and objectives of this Page 16 Nle2J~, 200.5 regulation, namely, a rear yard setback, are ameliorated in any aspect, and I guess the goals and objectives for several of them for rear yard setbacks are to allow space, air, light and view. If the immediate neighbors to either side, which in my opinion would be most impacted by this -- by the screen enclosure, have no objection, they are the ones whose view would be mostly impacted, they have no objection, so I believe that fact ameliorates the goals and objectives of the rear yard setback. In addition, a factor itself as laid out in the code and in the application states that, are there natural conditions such as a lake, a preserve, a golf course that you back up on that would ameliorate or diminish the importance of that rear yard setback, and in this case, we aren't back to back with a neighbor, a dwelling. Weare back -- we back up against a 100- foot wide canal. So again, in my opinion, that goal or that objective of a rear yard setback is ameliorated or diminished in importance. What I will call the ugly side of this petition is the fact that, in my investigation, I have not been able to locate a permit for the screen enclosure. That doesn't mean one was not issued by the county, necessarily. It just means that neither 1 nor Mr. Bosi have been able to locate one. The builder of the home from whom the Fomears purchased back in 1996 informed me that a subcontractor out of Fort Myers, he couldn't recall the name of the company, was, in fact, retained to install the screen enclosure prior to the F omears moving in, and he assumed that subcontractor pulled a permit. But again, no permit can be found for it. 1 still believe, though, the fact that there is no permit that can be found does not change the fact that the Fomears, the petitioners here, are innocent successor purchasers, and would be unjustly punished, in my opinion, if this variance is not granted. Finally, in the staff report, understandably so, Mr. Bosi suggests that the screen may have been installed after the Fomears moved in, implying that perhaps the Fomears themselves installed the screen, and because there is no permit, 1 believe that's a reasonable position that Mr. Bosi takes. There is no evidence of this, of the fact or the implication that the Fomears themselves installed it after they moved in. In fact, the evidence that you have before you is my testimony that both Mr. Fomear and the builder of the home have informed me that the screen enclosure was installed prior to the Fomears moving in. In addition to that, 1 have reviewed -- 1 went to the property appraiser's office and attempted to find historical aerial photographs from back in that time period, and I'll show you two. The bottom line is that we can't conclusively demonstrate by the aerial photography when the screen enclosure was installed, but 1 do have -- and I'll ask Mr. Bellows to put that on the screen. This is a photograph from the property appraiser's office, and if, Ray, if you could back out to see the date at the bottom, please. It is dated 2000. This would conclusively prove that the screen was installed prior to 2000. Again, the Fomears purchased in 1996, so now we're down to a four-year window, roughly -- well, three year and some months window of when the screen enclosure was installed. 1 don't know if something like this can be put up on the projector. The photograph you are about to see is the closest, the best aerial photograph we could get, and coincidentally, this photograph is dated November of 1996. So this would be perfect, right around the time to conclusively prove, but as you can tell, the resolution, this is the best the property appraiser could come up with. Of course, me being, representing them, I will say, sure, there, you can see the screen right there in the picture. But it's tough. It's tough to call, but that's the best we could do. My only -- my bottom line comment on this issue as to when this screen was installed was the only evidence you are going to have before you is that Mr. Fomear and the builder have informed me that it was, in fact, installed prior to them moving in. So this is a case where it was not created by the applicant himself. Bottom line, we simply request that the variance petition be forwarded on to the BCC with a recommendation of approval. Page 17 ~ .. ,~ i (;~ i ": ~ Novemb'ef f7, 200SJ And l'l1 answer any questions you may have. CHAIRMAN STRAIN: Mr. Adelstein. COMMISSIONER ADELSTEIN: First question is, doesn't anyone know who built the screen enclosure? I mean, the -- MR. BROOKER: Mario Constantini was the first owner/builder of the home, and that's who I have been referring to as the builder. I've asked him that very question. He could not recall the name of that company. He, in fact, informed me that at the time, in 2003, when the notice of violation was issued by the county, he did place a phone call to try to track them down, and that entity, the phone line was just disconnected or no longer in service, but that's what he told me. He's an older gentleman. Maybe from 2003 to now, he could remember the name of the company out of Fort Myers, but he simply could not recall it and was unable to tell me any name. COMMISSIONER ADELSTEIN: It seems to me, though, that somewhere, if there was a permit, that contractor would have a copy of that permit. I mean, that's normal business, and somebody -- this gentleman, the original builder, was the one that he -- you say found the contractor to do the job? MR. BROOKER: That's correct, and I've asked him that very question, wouldn't you, as the quote, unquote, general contractor, have a copy of any permit that the subcontractor pulled, and he said, under normal circumstances, yes, but he said, Clay, I just can't locate it in my files. COMMISSIONER ADELSTEIN: What about the situation, the certificate of occupancy for the swimming pool and the spa were issued in June -- January, pardon me, 5th of'04. MR. BROOKER: My understanding of what happened there is the spa itself was, in fact, permitted back in 1996, but there was never a final inspection, apparently, completed. So they came in -- when the notice of violation was issued, the notice of violation included that issue as well. We can't find a CO for the spa. And I believe the contractor who installed the spa, Creative Pools, then came in after the fact and got an after-the-fact permit. So that's why you see that date that doesn't seem to, on its face, to make sense, but they came in after the fact and got the final CO, because the work was done in compliance with the permit. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: This is more for our attorneys. Mr. Brooker testified that he had heard from parties that they knew certain information. What weight may we apply to such a statement? That would seem to be hearsay, isn't it? MS. STUDENT: It does, but, gentlemen, you are constrained by the criteria that are found in the land development code. COMMISSIONER MURRAY: Okay. MS. STUDENT: And that also you find in your staff report, and those are the criteria that you are to judge the variance by. Who may have said what to whom about, you know, if it goes to one of the criteria, it may be important, but again, you are constrained by the criteria, and yes, it does seem to be hearsay. However, hearsay rules in quasi-judicial matters are not as strictly applied as they are in an actual court oflaw. COMMISSIONER MURRAY: Thank you, Marjorie. MR. BROOKER: If! could respond. If the commission would like an affidavit from both the builder and Mr. and Mrs. F ornear on that aspect, I can easily present it to you. COMMISSIONER MURRAY: I just wanted to understand. CHAIRMAN STRAIN: Mr. Vigliotti. COMMISSIONER VIGLIOTTI: I have a question. You keep using the phrase, before your clients moved in, instead of purchased. Is that the same? Is there a time between when they purchased the house and moved in? Was there a delay in between? Because you keep using the word-- Page 18 16 '1 November 17, 2005 . MR. BROOKER: Excellent question. COMMISSIONER VIGLIOTTI: -- that, before my clients moved in. MR. BROOKER: Right. If you really look at the dates closely, the CO for the house was in July of '96. The spa permit was pulled, I believe, on July 30th of 1996. The deed from Mario Constantini to the Fomears is dated August 2nd, 1996, so three days later. The Fomears did not move in immediately because the spa and screen were not completed yet, and they had paid and contracted for it, and also, they were given some time to furnish the house, get it ready to be lived in, and by the time they moved in, everything was complete. COMMISSIONER VIGLIOTTI: How long was that delay? MR. BROOKER: The best answer I could be given was about a couple of months. So they moved in, in the November of 1996 time frame. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Commissioner Caron. COMMISSIONER CARON: You mentioned the houses on either side that we were given letters of no objection. Do you know if they comply? MR. BROOKER: If the neighbors comply? COMMISSIONER CARON: If their houses are in compliance. MR. BROOKER: I believe -- I will state that in my investigation, I have found no evidence of any violations on their property, but I can't conclusively tell you, give you an answer to that question. CHAIRMAN STRAIN: Commissioner Adelstein. COMMISSIONER ADELSTEIN: Your statement before that one was they paid and contracted for it, what you said. MR. BROOKER: They paid Mr. Constantini for the screen enclosure and spa to be installed, and as a matter of fact, when the closing occurred on August 2nd, 1996, a portion of the purchase price was held back, not transferred over to Mr. Constantini because the screen and spa were not completed yet. That is on the closing statement. I can show you, if you would like to see it, but a portion of the purchase price was held back in escrow until completion of the spa and screen so the Fomears had some comfort level that what they paid for was going to be installed and completed prior to them moving in. COMMISSIONER ADELSTEIN: So then it was actually built after they owned it, owned the property. MR. BROOKER: I think you can probably -- yes, I think the answer to that is yes, because of the dates. Noone can give me an exact date on when things were built, but yes, from the dates of the deed transfer of August 2nd, I find it hard to believe that they were able to build a spa and a screen enclosure in approximately three days from July 30th to August 2nd, so yes. COMMISSIONER ADELSTEIN: And again, they didn't know, either, who was doing the work? I mean, they didn't try to find out? MR. BROOKER: No. Initially, this was a summer home. They were not in the area, and they were relying on the builder to make sure everything was complied with. CHAIRMAN STRAIN: Commissioner Schiffer. COMMISSIONER SCHIFFER: But, essentially, you make it sound like they are the victims of this, but they are the initial owner ofthis property. They negotiating with the builder. They probably may have requested the spa and screen be built. MR. BROOKER: They were not the initial owner of this property. Mr. Constantini was. And prior to that, I don't know, but Mr. Constantini owned it back in the -- at least by 1990, six years prior, and this house was actually permitted beginning in 1990, and for various reasons, financial and otherwise dealing with Mr. Constantini, which I believe are outside of the scope of this hearing, the house simply Page 19 161' . November 17,2005 wasn't built and the permit simply kept getting renewed until the house was built, but the first permit was pulled by Mario Constantini in 1990. So the Fomears had no involvement in requesting the spa or the screen. It was part of the package that was for sale to the Fomears. COMMISSIONER SCHIFFER: But your testimony stated that it didn't exist. They actually held up monies in the closing to complete this. So in other words, it was during their ownership that these things were completed. MR. BROOKER: That is true, but the contract for purchase, which was prior to their -- obviously, their ownership, was the package for sale included the screen and the spa. COMMISSIONER SCHIFFER: Right. MR. BROOKER: That's what they purchased way before -- I don't have the contract, I don't know what date they signed the contract to purchase, but this was part of the deal they purchased, and when it came time to close, my understanding is that Mr. Constantini was running short of funds and asked that the closing take place for transfer of funds to a great extent, not including the spa and the screen, because those were not completed yet, but that was the reason that I have been told why everything was crunched together and the F omears actually -- the title was transferred to the F omears on August 2nd prior to completion of the screen and spa. COMMISSIONER SCHIFFER: The application for the screen and spa, the permit application, for not the screen, the spa, is July 30th. So in other words, is this not something they requested be built in the house? MR. BROOKER: No. The applicant and the owner on the spa permit is indicated as Mario Constantini. COMMISSIONER SCHIFFER: Correct. But that's July 30th, two days before they closed. So obviously, somebody must have requested the spa be built. They went in to get a permit for the spa at the time of closing. It's not like this spa has been sitting around since 1990. All of this work was done at maybe your clients' request. MR. BROOKER: I don't believe it was at my clients' request. I believe that was the design that was presented by Mr. Constantini to the Fomears. They purchased that design, and when the time came to close that particular element of the package, which they purchased, was not completed yet, and that was the reason why the funds were simply held in escrow. This is not a special request of the Fomears. This was part of the package that they purchased way beyond or way prior to the July 1996 time frame. COMMISSIONER SCHIFFER: Yet, the spa was permitted three days before they closed. MR. BROOKER: Correct. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: Just to follow up. It's getting to be a little confusing now to me. If Mr. Constantini, was he the resident and owner of the property? MR. BROOKER: I don't believe he could be a resident, because there was no house there, but he was the owner of the property. COMMISSIONER MURRAY: He was the owner of the property? MR. BROOKER: Yes. COMMISSIONER MURRAY: And so he offered the property with an improvement on it, and an additional improvement of a spa and a cage; is that correct? MR. BROOKER: That's my understanding, correct. COMMISSIONER MURRAY: And the other folks entered into a contract with that understanding, and even reserved some money because they wanted to be sure it was complete. MR. BROOKER: Yes, they entered into that contract with the spa and screen as part of the Page 20 10'1 · November 17, 2005 package, and at the time, when the CO was issued for the house in July of 1996, my understanding is that Mr. Constantini came to the Fornears and said, look, the spa and screen are not completed yet, but would you guys mind going ahead and closing anyway, we'll hold back a portion of the funds-- COMMISSIONER MURRAY: Okay, MR. BROOKER -- to ensure that I am going to give you what you contracted for or what I presented to you, and the Fornears said, okay, fine. COMMISSIONER MURRAY: Okay. I now understand. For a moment there, I thought you were indicating that Mr. Con -- whatever that gentleman's name is, was a resident there, but, in fact, he's the builder, isn't he? MR. BROOKER: That's correct. COMMISSIONER MURRAY: Thank you. COMMISSIONER SCHIFFER: Mark-- CHAIRMAN STRAIN: Mr. Vigliotti was next. Then Mr. Adelstein, then you. COMMISSIONER VIGLIOTTI: I have a question, You stated that Mr. Constantini found a phone number for the person who installed the screen cage. Did he have a name or did you or your client follow up? I'm presuming he was a licensed contractor, you could have followed up with the county by name. If you had a phone number, you had a name. Did either you or your client do any more follow-up? MR. BROOKER: I asked that question as well. Can't be found. I don't know the exact time frame where Mr. Constantini attempted to contact that Fort Myers, apparently, outfit, but no information was given to me, one way or another, in any regard whatsoever, other than it was a Fort Myers outfit. COMMISSIONER VIGLIOTTI: If you had a phone number, and he could give you the phone number, couldn't you or your client follow up on it? MR. BROOKER: Totallyagree. I asked that question and was told he doesn't have it. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Mr. Adelstein. COMMISSIONER ADELSTEIN: You got the necessary county documents for the pool, the spa, and all these are in the same time frame, and you don't have it for the cage. It seems to me that the logical answer to that is that there wasn't one in the first place. I mean, if they have got the other two, they all came in sequence, because they came -- were being done at exactly the same time. It only seems to me to say that if they got those on the other items, and there isn't one on the pool cage, there never was one applied for. MR. BROOKER: That can be a conclusion you can draw. There is no evidence of that, conclusive evidence, one way or the other. All I can tell you is we've looked and we were unable to find any in the county or in our records from the builder. Doesn't change the fact, again, Mr. Fornear and Mrs. Fornear had nothing to do with this issue and they have been living in this house for nine years with no problems whatsoever. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: In Mr. Murray's answer -- your answer to him actually confuses -- they are the first people to occupy this residence, correct? MR. BROOKER: Correct. COMMISSIONER SCHIFFER: Okay. Thank you. CHAIRMAN STRAIN: Okay. I have one question of you, Clay. You said code enforcement came out and they cited you for not only the cage, but also the spa and something else, or what was that all about? MR. BROOKER: It was a very confusing notice of violation, which I, myself, did not understand. It was in around the 2003 time frame, and as a matter of fact, that notice of violation just seemed to put the Page 21 Novelb~ 17 J2005. spa issue in the limelight from what we could gather from -- it's not a very clear notice of violation, and what the county did subsequent to that was simply ignored or disregarded that notice of violation, because it was so confusing, and they issued another one. Apparently, the code enforcement officer that issued the initial one in 2003 no longer works for the county, and a new code enforcement officer has come in and cleaned up the notice of violation to narrow down exactly what the issue was or is, and that's the one that we're working on today and the reason why we are here today. CHAIRMAN STRAIN: What is the notice of violation of the one we're working on today? Is it anything besides the screen enclosure? Didn't I hear you say earlier it was the spa, you had been cited for the spa as well? MR. BROOKER: Yes. CHAIRMAN STRAIN: Okay. Is the one we're dealing with today any longer the spa? MR. BROOKER: No. CHAIRMAN STRAIN: Okay. How did the spa get off the notice of violation? MR. BROOKER: Because a final inspection, apparently, was requested. The county came out, inspected it, done, complete, fine, issued a CO for it in 2004. CHAIRMAN STRAIN: Was it acknowledged that there was a permit in place for the spa by the county or did you have to show the county there was a permit in place? MR. BROOKER: I don't know the answer to that. All I know is that when I went and looked at development services files, the spa permit was in the file. CHAIRMAN STRAIN: Okay. And then the last thing, do you know if the plans that were submitted for the permit for the house at the time it was built included a depiction of a screen enclosure around the pool/spa area? MR. BROOKER: The initial plans in 1990 showed a deck ten feet from -- showed a setback often feet, but no spa or screen enclosure was shown at that time. As the plans evolved and as I mentioned to you, there were expirations of permits. It was maybe a two or three permit issuance kind oflife to this whole house. The plans were modified a little bit here and there, but the initial plans in 1990 showed a deck that met the ten-foot setback. Now, I say that it meets the ten-foot setback. At that point in time, and I don't want to create more confusion, at that point in time, the setback was measured from the property line, not the seawall. Mr. Fornear actually owns nine feet beyond the seawall. The platted property lot goes into the water. That's where all measurements took place until 1994. So in -- when the initial plans were submitted and the deck was shown, everything was fine, because we measured from the property line. If! can speculate, when the plans were just being renewed or the permits were just being renewed, as it went through the years, back in 1994 was when the land development code was amended to change the measuring point from the most restrictive of a number of measurement points, property line and seawall. So now, all of a sudden, we measure from the seawall, and at that point in time, maybe someone missed it, or it wasn't noted clearly on the plans, but to answer your question as succinctly as I can, yes, the very first plan submitted to the county showed a deck ten feet from the property line, showed a ten-foot setback. CHAIRMAN STRAIN: Do you know the date of that first set of plans? MR. BROOKER: Yes. I have a 1989 date with a January 9, 1990 permit issued. That permit number is 90-58. CHAIRMAN STRAIN: So when the permit was issued, the ten-foot setback was consistent with the land development code at the time? Page 22 1611 . November 17, 2005 MR. BROOKER: Absolutely. CHAIRMAN STRAIN: Thank you. Okay. Can we have a staff report at this point? Good morning. MR. BOSI: Good morning, planning commission members. My name is Mike Bosi, zoning and land development review, for the record. Before I get into the staff report, which I will try to be extremely succinct, based upon the length of discussion we had, two housekeeping measures. First, on the first page of the staff report, there is an incorrect wording of the legal description. It says Vanderbilt -- Conner's Vanderbilt Beach Estates Subdivision, Unit I, Replat, lot 7. The actual correct legal description is Conner's Vanderbilt Beach Estates Subdivision, Unit 1, block C, lot 7. The second one occurs on the fourth page of your staff report, where it references the east property being vacant. The east property is not vacant. It, in fact -- part of the record that I'm going to introduce right now is a letter from that east property owner, which has a house which an individual currently resides at, supporting this document, and with that, with Chairman Strain's discretion, I will introduce the three letters of public comment to the court reporter. CHAIRMAN STRAIN: Yes, and I think we're going to have a make a motion to accept those into the record. Can you just state the names in the three letters so we know what we're accepting in the record? MR. BOSI: We have a letter of support from Ingrid Ayaydin of 163 Bayview Avenue. We have a letter of support from a Jeanette McWhirter from 187 Bayview Avenue, and a letter of opposition from a Barbara Miller of239 Bayview Avenue. CHAIRMAN STRAIN: Okay. Is there a motion to accept these into evidence? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by-- COMMISSIONER CARON: Second. CHAIRMAN STRAIN: -- Commissioner Caron. All of those in favor? Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No Response.) CHAIRMAN STRAIN: Motion carries to accept those into evidence. Thank you, Mike. MR. BOSI: Within the staff report, the issue of who and where this -- the screen enclosure, when it came about, it was alluded to. By no means within the staff report was I trying to place the burden or the blame of the construction of the screen enclosure on the previous builder or on the current owners. I just referenced that between when the house was built in 1996 and to date, without being able to find evidence of when a building permit was issued for that screen enclosure, staff could not conclude when that was constructed. So the length of time that that screen enclosure has existed, staff would have to say between 1996 and to date, based upon the evidence that was submitted. Regarding the property appraiser's 2000 photo, it Page 23 Nlv9mleJ17, 2~05 would be between 2000 and '96. By no means was staff trying to assign blame in the least bit on any ofthe parties. Staff was just trying to make the point that we were unsure of when that happened. Really, when we looked at this, and we looked at it from a planning perspective, those issues are of concern to the planning commission and the board of county commissioners, but, really, towards staff, we just look at it straight from the criteria that we have to look at for what would be justifiable reasons to grant the variance. Those start on Page 6 of your staff report. Staff was only able to find two of the six or two of the eight items towards where we felt the application satisfied those criteria, and by no means, for granting a variance, do all of those items have to be satisfied. But staff needed to point out we felt that the -- only two of them really would justifY the granting of the variance, and where I, as a planner and traditionally from staff's perspective, we really relegate ourselves to physical hardships ofIand, and those are the reasons that would justifY the variance. We looked at this piece of property and we found a lack -- we found a lack of physical hardships of the land, and with that, that is how staff had arrived at a recommendation of denial. We understand that there are ameliorating factors that can be included within the decision-making process by the planning commission and the board of county commissioners, but from staff's perspective, we looked at it and we felt that a recommendation of denial was the only recommendation that we could offer for this petition, and with that, I'll open myself for any questions the planning commission may have. CHAIRMAN STRAIN: Commissioner Schiffer. COMMISSIONER SCHIFFER: One quick little bookkeeping thing first is that in the application it was supposed to note if there's any homeowners' association. Is there a homeowners' association in this area, because there was a note that it's left blank. The reason I asked that it is because it would be kind of important to feel (sic) what the homeowners felt about this, at least the association. So is that a requirement? I mean, I know it's in the application. It's left blank. Is that something that should be filled in or -- MR. BOSI: Well, if there is a homeowners' association that represents that street or that street is a part of the homeowners' association, that is supposed to be indicated within the application. I'm unaware of any homeowners' association that may cover that individual street, and with that, maybe I was negligent in that process, but I am unaware of any homeowners' association represented on that street. COMMISSIONER SCHIFFER: We'll assume there is none, because there is none filled in there then. Okay. One thing, in his testimony, he stated that the screen was one of the reasons they were holding it up. So when you stated that the current owner and the closing is on the 2nd, if at the closing the screen isn't built, then essentially, your statement is correct, it is the current owner. This is being built during his ownership. MR. BOSI: As Mr. Brooker had adequately addressed, I can't conclusively make those determinations, but a logical determination would have to assume that if a building permit was issued on the 30th, and the closing was on the 2nd, that activity would have to take place when the tenantship or ownership was with the current property owners. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Mr. Vigliotti. COMMISSIONER VIGLIOTTI: Mike, do you know what spurred the first inspection for the violation? MR. BOSI: I believe this was part of the sweep in 2003 of boat docks, screen enclosures, the seawall relationship to the pool decks. I think it was part of that original code enforcement crackdown, if you will, in 2003, and this is one of the many that have -- that have come about, and I believe it's one of the Page 24 161 -. November ~, 2005 last of those variance requests from that 2003 code enforcement sweep. COMMISSIONER VIGLIOTTI: So there was no specific conditions that caused this to happen other than the sweep? MR. BOSI: None that I'm aware of. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Mike, do you concur with Mr. Brooker's comments that this particular property and its setbacks were legal at the time the plans indicate that the drawings were drawn? MR. BOSI: Absolutely. In 1990, this issue would not have -- this would not be an issue if the same regulations were applied that were applied in 1990, but as we all know, in 1994, the definitions and how those manifested were changed. CHAIRMAN STRAIN: So what it boils down to is in 1990, they could have a deck, and had they, at the time, on their building plans, even shown a screen enclosure on that deck, they would have shown ten foot from the property line, which was acceptable at that time, and they would have got a permit for it. Is that a fair statement? MR. BOSI: If they would have followed through on that building permit in 1990, and constructed the house as shown, we wouldn't be here today, but because they waited until '96, we are. CHAIRMAN STRAIN: Well, in essence, what happens is if you build a house under a code prior to '94, that allowed you to have a ten-foot setback on a deck with the intention of someday, when you could afford it, possibly putting on a screen enclosure, the code changes in the meantime, you no longer apply to that ten-foot setback for the screen enclosure, but the deck's sitting there and you can't put a screen enclosure on it. Is that -- MR. BOSI: Correct. CHAIRMAN STRAIN: Thank you. Any other questions of staff? Thank you, Mike. Ray, is there any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: With that, we'll close the public hearing and entertain a motion. COMMISSIONER ADELSTEIN: I move that AR-801O be forwarded to the board of county commissioners with a recommendation of non-approval. COMMISSIONER VIGLIOTTI: I'll second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner Vigliotti. Is there a discussion? COMMISSIONER ADELSTEIN: Yes. I would like to make one statement. I honestly believe that when this goes to the county commissioners, it will be approved, but I can't do it. CHAIRMAN STRAIN: Mr. Schiffer, did you have a comment? COMMISSIONER SCHIFFER: Yes. I think the comment, it's actually summed up really good in this letter from Barbara Miller. Is that what you said, Mark? You exposed as true that, if the code changes, you are stuck. I mean, there's a lot of people out there that have to adjust to code changes, and they do, so, in respect to them, I'm certainly going to vote in favor. CHAIRMAN STRAIN: Well, I'm going to be voting against the motion, because I agree with you, you have to work with the code changes, but when it involves a structure that's in place at a ten-foot setback that was accepted at the time, clearly, the intention of a pool cage or a pool deck is that someday it could potentially have a pool cage, and to have the code change in the middle of a process and say all of a sudden, you can't have it, I think, is a hardship to the applicant and unfair to the public. So I certainly am not in favor of this. It was permitted in 1990 or in earlier years as far as the deck Page 25 ~ - J Novemb:er17,2005 goes. It was legal then. It should be legal now. There's no opposition from the adjoining neighbors, who are the most impacted by this. If they don't have a problem with its view, I can't see why anybody else needs to have. That's my statement. COMMISSIONER CARON: I think we don't know, number one, whether they are in compliance, so that they may have their own motives for not objecting, for one thing. And secondly, while the permit may have been pulled in 1990, the changes to the code were made in '94, and this house wasn't built until '96. So everybody should have been up to speed by that point, and if we have every other permit, and we do, except the screen enclosure, something is amiss. I don't think a permit was ever pulled for it, and I don't know that we should be approving non-permitted structures. CHAIRMAN STRAIN: Are there any other comments? Ifnone, call for the motion. All those in favor of recommending? Denial signifY by raising your hand. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: One, two, three, four, five, six recommend. Denial? Those in -- COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Aye. Against the motion, two. Motion carries 6 to 2. Thank you. With that, we'll take a ten-minute break for the court reporter. Thank you. (Recess taken.) CHAIRMAN STRAIN: There is something that has occurred that -- there is another bad thing that has happened. We're losing two very, very talented people in the county. One is Mr. Patrick White, and the other is Jennifer Belpedio. Unfortunately, their last days are, I believe, December 2nd? MS. BELPEDIO: Correct. CHAIRMAN STRAIN: And we will lose their talents to help advise us at the planning commission, which they have been a great help to us, and I, for one, will sorely miss both of them. So thank you for the times that you have helped us, and, hopefully, wherever you decide to go, it's just as equally successful for you. MS. BELPEDIO: Thank you. Thank you for your warm wishes. MR. WHITE: Thank you. COMMISSIONER ADELSTEIN: So say us all. CHAIRMAN STRAIN: Okay. The next petition is RZ-2005-AR-7825, Mandalay Place LLC. All those wishing to testifY on this matter, please rise to be sworn in. (Speakers swam.) COMMISSIONER ADELSTEIN: Mr. Chairman. CHAIRMAN STRAIN: Any disclosures? COMMISSIONER ADELSTEIN: Not a disclosure. I have a problem. CHAIRMAN STRAIN: Okay. COMMISSIONER ADELSTEIN: Is it required that a hearing be given in a one-year period, inside one year, before it comes before the board? Page 26 1611 · November 17, 2005 CHAIRMAN STRAIN: This is a matter for the county attorney? Or are you asking the applicant or the county attorney? COMMISSIONER ADELSTEIN: I'm asking the public -- the county attorney. Start that way. There has not been a public hearing on this for the past three years. The question in rny mind is, the owners, who live in the area, and most of these things, should have a right to know, within one year, what's going to happen around their property. MS. BELPEDIO: Right. COMMISSIONER ADELSTEIN: My problem is, is it a rule that they must have a hearing within one year? If they do, this can't go forward. MS. BELPEDIO: I am not aware of that rule. However, that does not mean that there isn't a rule. MR. BELLOWS: For the record, Ray Bellows, the zoning manager. The land development code doesn't spell out a drop-dead deadline for neighborhood information meetings. I think -- is that what you are referring to? COMMISSIONER ADELSTEIN: Okay. MR. BELLOWS: So -- but staff has adopted a policy, that if it goes beyond a year, that the applicant holds another neighborhood information meeting and we're going to address that as an LDC amendment also. However, I'm looking at the application for F, and it looks like they held their meeting on September 1st, 2005. CHAIRMAN STRAIN: E has been continued. We're on F. COMMISSIONER ADELSTEIN: Okay. I'm sorry. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Disclosures? That's where I was going next. Let's go to disclosures. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: I just want to disclose that I was sent an E-mail from staff, and I could not open the attachment. CHAIRMAN STRAIN: Okay. Is there any other disclosures? Hearing none, we'll move forward. Mr. Volpe. Mr. Chairman, members of the commission, for the record, my name is Michael Volpe. I'm with the law firm of Robins, Kaplan, Miller and Cirici. I'm here today representing the petitioner, Mandalay Place LLC. It's a limited liability company. The managing member of the limited liability company is Mr. Ted Mahoney. Ted Mahoney is with us this morning. Also accompanying me is Gary Butler, who is the engineer on the project. I would like to, if I could, Mr. Bellows, there is, in your agenda package, a map which shows the location of the subject property. This is -- property is located on Bailey Lane, and Mandalay Place LLC is the owner of seven and a half acres of -- the two and a half acre parcel to the south and the two and a half acre parcel to the west. Currently, our underlying zoning, as is indicated in the map, is RSF-5, with a conditional use for the development of approximate -- not approximately -- the development of24 single-family residential units. The petition today, which is before you, concerns only the two and a half acres, which has the cross-hatching, which is the request which is before the board, is a request to rezone that two and a half acres to RSF-5(3). The three will be the number of units that can be developed on that two and a half acres. The three acre -- the three units per acre is consistent with your growth management plan. The seven and a half acres are under common ownership, and as is indicated in your staff report, Page 27 l~fj'1J c Novemb~ 1'7,J2005 Mr. Mahoney, Mandalay Place, has submitted, in April of this year, a plat approval, subdivision plat approval for the entire seven and a half acres that presently is under review by your staff. The plat, which is proposed for the entire seven and a half acres, would allow for the development of a total of -- give me just a second, I'm sorry -- a total of 20 -- a total of 22 single-family residences. I apologize. Twenty-two single-family residences spread over the seven and a half acres. The staff has reviewed this petition and has found that it is consistent with your growth management plan and your land development code. It has also found that all of the criteria that are necessary in order for this commission to approve the request for the rezone have been satisfied. The -- we did have our neighborhood meeting on September 3rd, and there were a number of people who were in attendance at that meeting. The issues that came up, in particular, were addressed from the Hawks Ridge residents, which is the Hawks Ridge PUD, which is immediately to the north of the subject property. In connection with the plat approval, which is currently under review by your staff, one of the issues that we have addressed and has been discussed and prepared to do is -- concerns the buffering, the buffering along, in particular, the northern boundary of the subject property. The staff indicates, in its staff report, that the type A buffer is the buffer which would be required in this particular zoning district. Mr. Mahoney, in his discussions with your staff, has discussed enhancing the landscape buffering so that it would be a type B landscape buffer, which would include a number of canopied trees on 25-foot centers that would be 14 to 24 feet in height, and also interdisbursed would be cabbage palms, which would be at 14 feet. That landscape buffer would be around the perimeter of the property, but in particular, along the northern property line, which would provide, in addition to the setbacks, the visuals from the PUD and the residents who reside in the Hawks Ridge PUD, the buffer from the development which is proposed on the subject property. The overall density, as I've indicated, would be three units an acre. And the access to the property would be off of Bailey Lane. We think that this is an improvement over what currently is permitted on the two, two and a half acre parcels. This would be an upscale residential community. It would be and is compatible with the surrounding neighborhood, and if there are any questions, I would be happy to entertain them. CHAIRMAN STRAIN: Commissioner Murray. COMMISSIONER MURRAY: The Hawks Ridge PUD, to the south side, is that already walled? Does that have a -- is that a gated community? Is that walled in any way? MR. VOLPE: It is a gated community, but to the best of my knowledge, there is no perimeter wall along the southern boundary of the Hawks Ridge PUD. COMMISSIONER MURRAY: So they use landscaping as their means of maintaining enclosure? MR. VOLPE: That's correct. Yes, sir. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Any other questions by commission members? Mr. Volpe, you had indicated, I believe, that you have a type B landscape buffer. And was it going to be around, is that all the properties, all the sides of the property? MR. VOLPE: That's the discussion, Mr. Strain, that has actually taken place with the staff during the review process. CHAIRMAN STRAIN: So in addition to just the north property line adjacent to Hawks Nest, you are going to buffer the entire property -- MR. VOLPE: That's correct, yes, sir. CHAIRMAN STRAIN: -- with a type B buffer? Page 28 1611 November 17,2005 . MR. VOLPE: Correct. CHAIRMAN STRAIN: Okay. Do you have any objection to limiting the height of your units along the north property line adjacent to Hawks Nest to the same limitation that Hawks Nest has on the heights of their buildings for those areas contiguous to them? MR. VOLPE: There is no restriction, Mr. Strain, as to the height of their buildings along their northern -- I'm sorry, their southern property line. The letter that you, I believe, may have received this morning, talks about the limitations with respect to the northern property line. It doesn't address the southern property line. So along the southern property line, there is no restriction in the Hawks Ridge PUD that would restrict those residences from going to two stories. They may be one story now, but in the current market, with the people doing remodeling, there is nothing within the Hawks Ridge PUD that would restrict those to a single-story restructure. CHAIRMAN STRAIN: Then I guess I need to rephrase my question to you. Do you have any objection to restricting the lots contiguous to the Hawks Ridge project on your property to a single-story structure? MR. VOLPE: We do. And in part, I guess the explanation is there is no restriction, as I indicated, along the southern property line, but in addition, we have felt, and understanding what is permitted in the current zoning district, this is RSF-5(3), also what height limitations apply to the estates type zoning, which we believe could go to a height of 3 5 feet in the estates zoning. Mr. Butler can address that. If there is a specific question, perhaps the staff can, as to the height within the estates zoning. CHAIRMAN STRAIN: Well, I know what the height is. I live in the estates myself, and that is Gary Butler. He shaved. I didn't recognize him. I thought it was -- MR. VOLPE: Mr. Strain, what is the height restrictions within -- CHAIRMAN STRAIN: In my area, it's 35 feet. MR. VOLPE: Okay. So I think it is 35 feet as well. This is estates zoning. CHAIRMAN STRAIN: Right. MR. VOLPE: So we do -- we feel we understand the issue. We feel that by enhancing the buffering around the perimeter of the property and along the northern boundary line of the subject property, that concerns about the height -- the type B buffer, I said to you that the height of those trees would be lIto 24 feet. And the cabbage palms would be 14 feet. I think that visually and for the concerns of privacy, that the landscape buffer will address some of the concerns or should address the concerns of those -- those -- I think there are three residences. This aerial will show, you can see the Hawks Ridge PUD to the north, and you can see there are three homes which abut the northern property line of the subject property. Two of those, those two, and then there is a third, which is on the cul-de-sac, that you can see the distance between that individual's home. He also owns that area, that buffered lot, so there -- in terms of the buffering between that residence and the northern property line. So there are two single-family residences that are immediately adjacent to the northern property line of the subject property. CHAIRMAN STRAIN: This is straight zoning, not a PUD? MR. VOLPE: That's correct. CHAIRMAN STRAIN: So some of the things that we normally would find in a PUD, obviously, we don't find in a straight zoning. What is the square footage that you're anticipating for your units, minimum? MR. VOLPE: The -- approximately 3,000 square feet under air. Page 29 1 (r" fi - c, 8!-:::I .~)l ::' '" November '17,2005 CHAIRMAN STRAIN: Okay. Do you know, in the public meeting, the issue of this limitation to height was brought up and the developer responded that he stated that he would'work together with the neighborhood, but did not offer any specific commitment. So contrary to that statement, now his commitment is he's not going to work with the neighborhood on the height? MR. VOLPE: No. I didn't mean to imply that. If! did, I apologize. We have worked and we have had these discussions with the neighborhood. The landscaping commitment, which is not required, is the commitment that the developer is prepared to make in order to address those concerns. So the type A buffer, the type B buffer is what has been discussed with your staff, and subject to Mr. Mahoney's approval, as a part ofthis petition process, we can perhaps obtain that commitment to the type B buffer along the perimeter -- around the perimeter of the property. CHAIRMAN STRAIN: Okay. So the landscaping that you are volunteering to add was your mitigation for the height considerations that the developer -- MR. VOLPE: I think so, Mr. Strain, along with the other considerations as to, again, what is allowed within the zoning currently, what is permitted along their boundary line, and we do believe -- and Mr. Butler, from a technical perspective, can perhaps address if there are some additional concerns about what the effect of that buffer would be in terms of the privacy issues and the buffering. CHAIRMAN STRAIN: Okay. That's all of the questions I have. Thank you. Mr. Tuff. COMMISSIONER TUFF: I just was curious, you know, the reason they want that is so that the people sitting up on the next level aren't looking down at their back yard and I'm not sure what a 14 foot buffer would do to that. It was -- seemed the whole issue -- MR. VOLPE: Right. Well, two issues, if! have understood the question. It's 14 to 24 feet would be the height of the trees, and the second issue is that these aren't multi-family units. These are single-family residences. So what you're going to have, in all likelihood, are bedrooms on the second floor. So I, mean, the privacy, I understand, but it isn't -- again, we have to keep in mind that it isn't multi-family, it is single-family residences. So you are not going to have, as they do within the Hawks Ridge PUD, there is a -- the colony portion of the Hawks Ridge PUD. Those are coach homes. They are two stories. Likewise to the north in the Pine Woods subdivision, those multi-family units where that issue has come up. Again, these are single-family residences. This is a single-family residential neighborhood. Does that answer your question, Mr. Tuff? CHAIRMAN STRAIN: Mr. Adelstein. COMMISSIONER ADELSTEIN: The total number of units are going to be 22 for the whole project? MR. VOLPE: Correct. COMMISSIONER ADELSTEIN: Okay. CHAIRMAN STRAIN: No other questions of the applicant. Thank you, Mike. We'll hear from staff now. MS. DESELEM: Good morning. For the record, my name is Kay Deselem. I'm a principal planner with zoning and land development review, and I'm here to present the staff position to you. Regarding the letter that Mr. Schiffer did not get, if! may, and if anyone else did not get the letter, okay, it is a letter from Bruce Tyson, and I will give that to everyone, and I could give a copy to the court reporter if you will so allow. CHAIRMAN STRAIN: Yes, ma'am. Obviously, we -- I have received it, because it came in E-mail. It isn't in our packet, so we need to make a motion if we wish to accept this into evidence. Page 30 ~oQll17, 2005 COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by? COMMISSIONER MURRAY: Murray. CHAIRMAN STRAIN: Commissioner Murray. All those in favor to accept this into evidence, signifY saying aye. Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion passes. MS. DESELEM: And I know Mr. Tyson is here, and I think he's going to speak on it anyway, and I apologize. It was just received after the packets went out. So I wanted to get it to you if we could. In the staff report, I won't belabor the issues other than to say that we have provided a description of what's being proposed, and we have provided an analysis of the consistency with the growth management plan, and we are recommending that it be found consistent with all elements that are applicable of the growth management plan, including transportation and the future land use element, and we did find that it was consistent with the overall plan and compatible as in required by policy 5.4, which brings me to one issue in the findings of fact that needs to be corrected. The last finding of fact and the rezone finding of fact, item number 17 has a typo. It says that it's inconsistent with the transportation element, and that is, in fact, incorrect. It is consistent with the transportation element. So I wanted to correct that for you. And another error that needs to be corrected, prior to the meeting, I did distribute to you corrected copy of the table that is in the staff report entitled excerpts from table of setbacks, et cetera, and I did provide a copy of that to the court reporter and to the county attorney's office, and if you would allow that to be accepted into the record. CHAIRMAN STRAIN: Yes, ma'am. We got that a little earlier, so I -- actually, I missed it. Is there a motion to accept this into evidence? COMMISSIONER TUFF: So moved. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion made by Commissioner Tuff, seconded by Mr. Murray. Any discussion? All those in favor, signifY by saying aye. Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. Page 31 . ~ 1 " , u . Nove~ber 7,2005 CHAIRMAN STRAIN: Opposed? (No response.) CHAIRMAN STRAIN: None, Motion passes. MS. DESELEM: I would note for the record, that the reference to the conditional use to the south has expired, as far as I can tell. It's no longer in effect. What you have now is just the straight zoning that remains, and I would also note that I'm not exactly certain what is being proposed as far as the buffer condition. This has not been discussed with staff. I heard it at the same time you did. I don't know exactly, nor do I exactly understand the buffer condition that's being proposed. I've heard 14 foot, I've heard I I foot, 24 foot. All I'm sure is he's committed to putting it along the entire perimeter of the property, but I don't know exactly what it is. So I would ask if you include that in any motion, that you clarifY it so staff knows what it is. And other than that, I don't have anything. If you have any questions, I would be happy to answer them, CHAIRMAN STRAIN: Commissioner Caron? COMMISSIONER CARON: You said the conditional use had expired. So the underlying zoning is RSF-5, correct? MS. DESELEM: That's correct. CHAIRMAN STRAIN: Okay. We will certainly go back with Mr. Volpe in a minute and revisit the buffer, because that does need to be clarified. Is there any other questions of staff before we hear public speakers? Mike, if we could kind of get this defined as far as buffer goes, that would be helpful. MR. VOLPE: Yes, Mr. Strain. For the record, the conditional use, based upon the report and documentation we have obtained from the staff has not expired. It is vested, and we have a letter addressed to the applicant, to the petitioner, from your planning staff that advises us that the conditional use for the five acres is, in fact, vested and still existing. So I'm not sure where that came from. CHAIRMAN STRAIN: I would like to enter the letter you have into the record. MR. VOLPE: Certainly. CHAIRMAN STRAIN: So that it's clear. MR. VOLPE: Okay. This is a letter, the -- of October 20th of 2004, and it's from Stan Chrzanowski, as the manager, and it does indicate that the -- this conditional use for that five acres is still existing and is vested. CHAIRMAN STRAIN: Is that a copy the court reporter can have? UNIDENTIFIED SPEAKER: I can get a copy of it after we get it. CHAIRMAN STRAIN: Is it short, Mike? If you can, just read it in the record and we'Il-- just with a date, and we'll just get it on that way. MR, VOLPE: Certainly. This is a letter addressed to Steve Forays. It references conditional use CU94-20, rezone R-94-6, In response to your letter of October 18th, 2004 requesting a clarification of engineering review service's position on existing conditional use CU94-20 and rezone R-94-6, we advise you of the following. As per Bob Mulhere's letter of March 23,1999, under the approved unexpired CU94-20, and corresponding extensions, as well as the current RSF-5 zoning, the subject property is zoned for development of no more than 24 residential cluster homes, subject to the conditions imposed by the conditional use approval. Based upon the approved cross-section incorporated as a part of the conditional use approval, see resolution 95-10 and attachment thereto, the dimensions and specified construction parameters for the roadways, cul-de-sacs and 30-foot road right-of-way shown for ingress and egress of the Page 32 N!Rblr17, 2~5 north parcel are acceptable. Recognizing that this file includes three letters expressing concern about private easement use, comma, however, no statement of the appropriateness or not of the use of any easements in which these facilities may be constructed should be inferred from this letter. The required water quality requirements have not changed since approval of this conditional use, but with regards to water quality, the current standard is to design for attenuation of the 25 year, slash, three day storm, Please remember the engineering review has no control over what development standards are applied as a part of environmental, landscaping and fire review requirements, and that such standards may have changed. Lastly, please be advised that those standards must be met. A copy ofthis letter was sent to Patrick White, assistant county attorney, to Thomas Kuck, director of engineering services, and one to the file. CHAIRMAN STRAIN: Thank you. And that's signed by the acting manager, Stan Chrzanowski? MR. VOLPE: That's correct. CHAIRMAN STRAIN: I know this is not part of -- that piece of property is to the south of this application. But I think the issue here is that you are, I guess, using the density in the overall -- in the overall project; is that right? MR. VOLPE: Well, actually, the effect of this would be to reduce. Ifwe-- CHAIRMAN STRAIN: That's what I thought. MR. VOLPE: It would allow for 31, as your staffpoints out. The development that is proposed and the plat that has been submitted for your staff review shows 22 over the entire seven and a half acres. With respect to the issues of the buffer, Mr. Strain. CHAIRMAN STRAIN: Yes. MR. VOLPE: And I apologize. Gary Butler has been carrying on the discussions with the staff, and if I've misstated the extent of those questions or discussions about the landscape buffer, I apologize. A type A buffer is required. Since that neighborhood meeting, we have had discussions amongst ourselves. I believe some of those discussions have occurred with some, maybe not all of the people, residents who were in attendance at our neighborhood meeting, and the discussions have been for a type B buffer. The type B buffer, and this is perhaps where Mr. Butler can elaborate just a bit more, would show that the height would be from 14 to 24 feet. And they would be on 25-foot centers, as opposed to 30. In addition, there would be canopy trees, live oaks, along the northern boundary line that would be a minimum of 14 feet in height. So, Mr. Strain, I'm not sure if that's responsive to -- I mean, that's what the type B buffer would include, and we're prepared to discuss with you and the members of your commission the commitment as to the type of buffering that would be included in this project. CHAIRMAN STRAIN: Let me read back to you what I t1unk we're saying, so that we can get it in the format of a stipulation if this is to move forward. MR. VOLPE: Fine. CHAIRMAN STRAIN: A type B landscape buffer, modified with the additional elements, 14 to 24- foot trees at 25 feet on center, and canopy trees being live oaks at 14 foot in height minimum along the north boundary line. MR. VOLPE: Gary, that is -- that is what we would -- that is what I've said to you, yes, Mr. Strain. CHAIRMAN STRAIN: Now, just for further clarification, the type B, modified as discussed, goes along the entire property, but in particular along that north boundary line, you are focussing on live oaks, at least 14 feet in height, in those locations, and whatever type B can be flexible with the remainder of the property. MR. VOLPE: That's correct. And as well, the canopies and the cabbage palms along the northern boundary line. Page 33 Nle~Jr 17, 20<i5 MR. BELLOWS: For the record, may we have a list of these buffers to be in installed as part of the motion? CHAIRMAN STRAIN: I think I would like a recommendation from staff. How about before the first CO of the project? Is that reasonable, or at the time the development goes in, one or the other. MS. DESELEM: For the record, again, Kay Deselem. I would suggest that, yeah, before the first CO is issued. That way, if the concern is people looking into somebody else's house or something of that nature, then it should affect it, because nobody would be living there until that time. I would ask that you clarifY -- I'm sorry, I was involved in another conversation. I don't think you clarified what these plantings are to be at time of planting so when we try to do the review, we know that they meet the requirement. I heard something about 14 to 24 feet. CHAIRMAN STRAIN: Well, that's at time of planting. I mean, that's how -- I couldn't-- otherwise, you can buy a three-foot tree and sit back and wait 15 years. That isn't what the intent is here today. So, I mean, at time of planting, my assumption was the heights and everything specified was at time of planting. MR. VOLPE: Yes, that's correct. MS. DESELEM: Maybe I'm slow, but I see a range of 14 to 24 feet. CHAIRMAN STRAIN: Right. If you feel this needs to be modified, it was your suggestion to get this clarified. Please help us get this clarified. MS. DESELEM: Are they supposed to all be 14 feet when they are planted or are they staggered, every other one is 14 and the next one is 24 feet? I'm just confused. CHAIRMAN STRAIN: When you go out and buy a tree, you may not find that they are all going to be purchased at the same height. They may have varying heights when they get actually placed in the ground, and I think what they are trying to say is that they will end up somewhere, all of them, between 14 and 24 feet. MR. BELLOWS: How about a minimum of 14 feet? COMMISSIONER CARON: Something measurable that we can make sure that it meets the intent of the condition. Thank you. CHAIRMAN STRAIN: Okay. MR. VOLPE: And in particular, just for clarification, it's the cabbage palms that would be a minimum of 14 feet, 14 to 24 feet on the cabbage palms, and then a minimum of 14 feet on the canopy trees. CHAIRMAN STRAIN: Well, okay, minimum 14 feet. MR. VOLPE: I guess what I'm -- it ends up in the same place. I just wanted the clarification that I think your staff was requesting. It is -- there could be larger cabbage palms. They could be closer to 24 feet. CHAIRMAN STRAIN: Just a minimum of 14. MR. VOLPE: Minimum of 14 feet, you're correct. CHAIRMAN STRAIN: Iftheyare more than that, more power to you. Okay. Now, let's proceed with the rest. Any other questions of -- Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Excuse me, sir. CHAIRMAN STRAIN: Questions, Mr. Volpe. COMMISSIONER VIGLIOTTI: Mr. Volpe, would your client consider building single family-- I'm sorry, single-story product alone the northern edge where it abuts Hawks Ridge and two story Page 34 16' 1 November 17, 2005 . elsewhere? MR. VOLPE: I can defer to my client, but our discussions have been that we would not -- given the building pad, given the current market in terms of families moving into residences, and also in terms of open space, that we feel that having a two-story home at a height of 25 feet is compatible with the surrounding neighborhood. COMMISSIONER VIGLIOTTI: Thank you. MR. MAHONEY: Good morning. For the record, my name is Ted Mahoney, and that was a very good question as far as the height limitation. I have built over 500 homes. I'm from the Boston area, and quite honestly, I -- just requiring one story, you're forcing someone to build the entire envelope, the zoning envelope of the lot, and I believe that is a huge mistake. Today, most people who reside in a first-class residential neighborhood like this would like to have a master bedroom on the first floor, have large living area on the first floor, and 99 percent ofthe activity in the home would be on the first floor. On the second floor, and you talked about the neighborhood meeting. We had a great meeting. We had 40 people there. There was a lot of participation, a lot of give and take. And the two issues that I took away were buffering and privacy. So I met with Mr. Volpe and my professional staff. Christian Andrea was my landscape architect. And we felt, as a team, for the neighborhood, for the extra buffering, that was a very key issue. So we have agreed to take that additional step and go to B zoning from A, but as far as the homes, I think it would be a huge mistake for this board and Collier County to set a precedent of limiting to one story. You are forcing someone -. I was president of the Home Builders of Greater Boston, only two-year president, I've served six years on the National Association of Home Builders and executive director, and to force someone to build that entire envelope, I think, is a huge mistake. Now, this zoning, as you know, allows 35 feet, and 35 feet is probably excessive. I would be willing to go to two stories and reduce down from the 35 feet to two stories, rather than possibly three, but that is my -- and I have been doing this a long time, and I'm being sincere about this. You are forcing someone to build that entire zoning envelope. If you see some of the new construction that's coming to Collier County, the first floor, like I said, has a huge master bedroom, huge living area. There is only one bedroom on the first floor. It would be a very rare occasion that someone would have a lot of use that would create privacy concerns for neighbors, Like I said, it would be two or three bedrooms on the second floor, and that would be it. So I would really appreciate it if you would consider reducing the height down to two stories and allowing, you know, that type of construction today. I hope that answers your question. COMMISSIONER VIGLIOTTI: Yes, it does. MR. MAHONEY: Thank you. CHAIRMAN STRAIN: Sir, what is the price range of the homes that you are going to be building there? MR. MAHONEY: I truthfully don't know. All I can tell you is it will be compatible with Hawks Ridge, and I believe Hawks Ridge is between eight fifty and a million two. Is that about right, Bruce? Yes. So it would be comparable with the neighborhood that was there. When I did see this piece ofIand, I did buy the first properties, and it was zoned for 24 lots. There were 12 lots in the back and 12 lots in the front, and that's why I decided to pick up this other piece and really turn this into a first-class development, and as your staff has noted, it could accommodate up to 31 units, but I did hire Mr. Butler, who has been here for many years, Mr. Volpe, who has been here for many Page 35 "S . .r ii ~ j: " (2) November 17, 2005 years, and Christian Andrea, who is a well-respected landscape architect, to create what I feel is a very appropriate use for these three -- even though we're here for the one parcel. It really has be taken a look at in the whole, and I think you'll find, from 24 small houses, by picking up an extra piece, I've reduced it down to 22. CHAIRMAN STRAIN: Sir, how do -- if you're eight fifty to a million, or thereabouts, how many of those are affordable? Or in Collier County, they all may be. MR. MAHONEY: Unfortunately, as opposed to Massachusetts, we have chapter 40B, which includes 25 percent affordable in our developments, and I have built one in Westwood. At the time, Governor Cellucci, it was the 30-year history of affordable housing in Massachusetts. In Massachusetts, we have the same affordable housing problem that is down here, and it was one of the top five developments ever built under our chapter 40B. So I have built quite a bit of affordable housing. I'm involved in the National Housing Endowment. So I do take affordable housing very seriously. In this development, of course, it's a conventional piece. It's -- you know, a lot of times, if you have a 50 or 60-acre piece, that allows you to address a lot more affordability issues than a smaller piece ofIand. CHAIRMAN STRAIN: So at this point, you are not going to be doing anything for the affordable housing cause in this county in regards to assistance on this project? MR. MAHONEY: No. CHAIRMAN STRAIN: Thank you. Are there any other questions of the applicant? COMMISSIONER SCHIFFER: No. I would just like to kind of agree with what he said, Bob. I mean, this property is going to have 20- foot rear setbacks. We have the additional 14- foot buffer. The other property has their setbacks, These buildings, even if two story, are going to be pretty far away from the neighbors. CHAIRMAN STRAIN: Any other comments? Thank you, sir. MR. MAHONEY: Thank you, CHAIRMAN STRAIN: Kay, do you have any -- are you clarified enough on this buffer so we're in good shape there? MS. DESELEM: I think so, and if not, I can work it out between what your actual recommendation might be and the applicant's presentation. I did want to make it clear, when they are talking about densities, as stated in the staff report, they are using the term provided for, and provided for isn't exactly correct. They are eligible for, but there is no guarantee of any kind of a zoning or a density as they go through the process. As is explained in the staff report, there's a lot of other factors that enter into it. So they might not even be able to get what it is you're proposing, but that, of course, is for the overall three tracts, not just the subject tract. It would be limited pursuant to the zoning that's adopted by the board for this parcel. CHAIRMAN STRAIN: Thank you. Ray, do we have any public speakers? MR. BELLOWS: Yes, we have two registered speakers, Bruce Tyson, followed by, and pardon me if! don't pronounce this correctly, Jano Janoyan. MR. TYSON: Good morning, Commissioners. Bruce Tyson. I'm a resident of Hawks Ridge, and I am the chair of the design review board within the Hawks Ridge PUD. You've -- the letter that I had sent kind of outlines exactly what the situation is, what we're concerned about, the fact that Pine Woods, which is a single-family subdivision to our north, it is not a PUD, it is a subdivision. When the Hawks Ridge PUD was done, people from Pine Woods, I would take Page 36 Nove!b~ 1 ~J005 · it, came in and made a comment about the fact of let's please, of those 14 or 15 lots that exist along the north line, you don't see it on this plan unless -- no, you don't see it on this plan, about 14 or 15 lots and homes that had been constructed along the north line where Hawks Ridge meets Pine Woods, and consequently, at those points, we have all single-family homes, because that was a requirement that was placed into the Hawks Ridge PUD. What we're simply asking for, in this case, of where we have these properties that abut the single-family dwellings and the single-story dwellings in Hawks Ridge, that they respect that, and they, in fact, wind up having a similar height. What you have in the table or when the table was up, was an indication that the setback of the units was 20 feet. We don't -- I don't know what accessory structures are, and if -- what typically happens with two-story structures, and I hope that -- I hope I don't hear the word, three story, again anywhere in this conversation, but anyway, with two-story structures, that I don't know what the setback is in the estates or what they are doing here when it comes to pool screens and accessory structures. I believe they may be able to come within ten feet of a line, which winds up being a relatively significant impact. So consequently, wherever you wind up having this type ofa situation of where you have two-story structures, you could also have two-story pool screens that would literally be on top of the line, and I'm not exactly certain who made the comment, but it's almost like the buzzard that sits there and lurches over your property and looks down. The other thing about the -- well, I certainly applaud the applicant for doing an enhanced buffer. We've all seen exactly what happens in a pretty significant wind storm, and when you have an RSF property, not a PUD, there is no, to my knowledge, method by which we can dictate that that buffer be maintained. In other words, you are not dealing with a PUD, you are not dealing with common lands. You are simply dealing with somebody's private property, and I don't know exactly how it works to the point of where that landscape buffer is maintained, especially if we have some wind damage, and it needs to be taken care of. I think that's basically what we were looking at. I would look at this, not so much as an issue of anything other than compatibility, and we're only talking about three lots in Hawks Ridge. I'm not exactly certain how many lots this affects or would affect in this other project, but I think, from that standpoint, this is something -- and if we look at the map that was in here -- Ray, if you could pull that down -- the homes in Hawks Ridge have a minimum setback of 25 feet; they -- the pool screens, as accessory structures, can go within 15 feet. They are all single story, and to this date, they are probably pretty much already masked with vegetation as well from the buffer that exists around Hawks Ridge. So we would ask, in your deliberations of this, that you give some great consideration to that compatibility issue for these three dwellings that we have in Hawks Ridge. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: Would there be an association to this community? MR. TYSON: I don't know. COMMISSIONER MURRAY: If there's an association, wouldn't they have responsibility for the maintenance oflandscaping and buffers? MR. TYSON: That's a question for them. COMMISSIONER MURRAY: That's a question and I think it needs to be answered. MS. BELPEDIO: Mr. Chairman. COMMISSIONER MURRAY: Because you've made the statement that you don't-- MR. TYSON: I don't believe, when you do a single-family situation like this, if there's a need for Page 37 16l November 17,2005 an association, I don't know if there's a planned -- if there is, then there is a vehicle by which this can be done. COMMISSIONER MURRAY: I just wanted to have that clear in my mind. CHAIRMAN STRAIN: Jennifer, you had a comment you needed to make? MS, BELPEDIO: Yes, I happen to also be the attorney that had reviewed this subdivision plat, and also review other subdivision plats. There is a requirement that there be a homeowners' association and that it be incorporated at the time of platting. There will be a landscape buffer easement area depicted on the plat with responsibility for maintenance to that homeowners' association, That's a requirement, and that will not be signed for legal sufficiency without it. CHAIRMAN STRAIN: Thank you. Are there any other questions for Mr. Tyson? Mr. Schiffer. COMMISSIONER SCHIFFER: The residences there, can they be remodeled to two story? Are they allowed to be two story now? MR. TYSON: Yes. CHAIRMAN STRAIN: Okay, MR. TYSON: But that's the same story as Pine Woods. Pine Woods could come in and anybody could do anything in there as well. Weare forced right now, unless we come back and amend the PUD, and again, there is no intention to do that, because there is no reason, at this point in time, but that's strictly along the north line, has nothing to do with what's going on along the south line. COMMISSIONER SCHIFFER: But when you got the PUD, these properties to the south never wanted to put that imposition on you. MR. TYSON: I'm sorry? COMMISSIONER SCHIFFER: The other owners of these properties, when you were getting your PUD, they didn't put that imposition on you to be only one story. MR. TYSON: I don't think there was anything when Hawks Ridge was done. As a matter of fact, you can look at it even on the map today. There is really no development that abuts Hawks Ridge on the south line, There wasn't prior to Hawks Ridge being approved. CHAIRMAN STRAIN: Thank you. Any other questions? Ray, next speaker, please. MR. BELLOWS: The last speaker, Jano Janoyan. MR. JANOY AN: My name is Jano Janoyan. I live -- a residence on Swainson Run. My comments will be brief, as most were expressed by Mr. Tyson. Obviously, as a resident in one of the properties in question, it would be the second one, probably the middle property as depicted on that map, I obviously have concerns, my family has concerns for the type of property that would go in. When we bought both our lot and built our house seven years ago, we felt we did a fair amount of due diligence in determining what could possibly be built here, and obviously, this was not something that was zoned for this area. In fact, you can see in that picture, it probably must have been taken awhile ago, there was an existing residence there that met whatever the zoning, the estate larger lot zoning requirements that was there. That house has since been bulldozed, I imagine, by the petitioner. So obviously, this is somewhat redundant, but we have concerns for what type of property goes in there. It certainly is a much higher density development than Hawks Ridge. They are probably talking about multi -story. I don't think it's particularly generous to volunteer not to build three-story houses on very, very small lots. I mean, these are really much -- I don't think our lots at 90 by 180 to be particularly Page 38 16 '1 November 17, 2005 . large, and these are significantly smaller. Again, I'm not an expert in zoning, but as I understand it, in theory, whether they limit it to two-story houses, they could still build to 35 feet, if! understand it, and as Mr. Tyson said, with a pool cage on the end of that, a 14-foot cabbage palm is going to do little to obscure a pool cage on a 30, 35-foot house, 15 feet back. So, obviously, my concern, as a resident, would be property values and standard ofliving, quality of life of having these structures, forgetting the building process as it goes on, but the buffering and the process of limiting what -- I would think -- I would think a concession would be to limit them, ifnot to one story, to at least a reasonable height. I would think it would only call upon a couple of their lots in question to pacifY the number of residences that are on the Hawks Ridge side as well. I think that's about my only comments. CHAIRMAN STRAIN: Thank you. Mr. Murray. COMMISSIONER MURRAY: I have a question for you, sir. What is the most offensive to you in this, if you would have seen it built? Would it be the double high pool cage, would it be the fact that it's 35 feet? Would 25 feet be something that would become acceptable to you? MR. JANOIAN: Well, again, it's hard to say from -- in terms of perspective as far as how far back it is, what type of buffering this is. I certainly think a 35-foot structure would be pretty offensive. Again, I'm not an engineer, so I couldn't put an exact perspective on what 25 feet actually represents in terms of -- I don't know how high our house is. I know that in Hawks Ridge, there's probably only two houses that are two stories. I would think any two-story house that would be probably what they would want to build would probably be objectionable with an attached pool cage. I don't see how you can build at least 3,000 feet under air without building two-story houses is probably the conundrum here that they are having on the size lots that they have. I honestly couldn't say a particular height would or wouldn't be offensive. I think, most likely, what any developer would want to build would be two stories that would have an attached pool cage would probably be unable to be obscured by any 14- foot buffer or 14- foot tree line. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Thank you, sir. Ray, are there any other public speakers? MR. BELLOWS: No, sir. CHAIRMAN STRAIN: Mr. Mahoney, could we ask -- I have three questions that have come up as a result of these discussions I'd like to ask of you. First of all, affordable house, obviously, your price range is way above affordable housing. Some other developers that have been in front of this commission have contributed voluntarily to a thousand dollars per unit at closing to help the affordable housing to go into the county trust fund and to be placed against any future credit for any linkage fees that may develop in the -- MR. MAHONEY: Could you tell me what the county does with the money, because a lot oftimes, I've helped out various groups and then the money never gets spent for the right cause. CHAIRMAN STRAIN: We have an affordable housing program in the county run by a division of the county, Cormac Giblins. They take the money and use it for assistance in acquiring either down payments, impact fee deferrals or land purchases for building affordable housing. MR. MAHONEY: Okay, I would have no problem with that. CHAIRMAN STRAIN: Okay. The accessory uses in your project have come into question in regards to their distance from the rear. Page 39 4.1 ." i (' ',' l' ff,->...\ I' ,: .,1 ~\~~.) ,; ~': (j November 11; 2005 MR. MAHONEY: I believe it's 20 feet. Can I get my expert to answer that question for you? CHAIRMAN STRAIN: Sure. Now that I recognize him. MR. BUTLER: Jerry Butler, representing the petitioner. Weare going to hold the same setback for our accessory structures as we are for the primary structure, which is 20 feet, and that's mandated by the type B buffer with a swale. So we will not be building within 20 feet of the property line. CHAIRMAN STRAIN: And then my one last, final question that I've checked here, The maximum height, you said you were willing to limit it to two stories. I found that, many times, two stories can be, in someone's eyes, an eight-foot story or a 20-foot story. So why don't we look at the actual height that you are anticipating that would result from the two-story structure. Do you know what that would be? MR. MAHONEY: The answer is 25. CHAIRMAN STRAIN: Twenty-five feet. Thank you, sir. Are there any other questions? Mr. Murray, COMMISSIONER MURRAY: One other thing. It was expressed, and I understand it, a pool cage, double height, would you be willing to restrict the pool cage to the first story height? MR. MAHONEY: What is the code requirement, because, you know, as Mr. -- would it be 20 feet, would it be eight? I would rather have a -- do you know? MR. VOLPE: No. MR. BELLOWS: For the record, Ray Bellows. It's the same as the principal structure, COMMISSIONER MURRAY: Same as the principal structure is interpretable to mean-- MR. BELLOWS: 35 feet. COMMISSIONER MURRAY: -- the total footage, but they could agree to a reduction to the first story. There is nothing to preclude that. Is that true? MR. BELLOWS: If the petitioner wishes to offer that. COMMISSIONER MURRAY: Would the petitioner consider -- that appears to be an offensive issue, and I've seen these type structures from a distance, and I can understand that. MR. MAHONEY: I drove down -- the name of the street escapes me, the other day, but the thing was so high that it really didn't look compatible with the home. I just don't know if it's like 20 feet or 18. I'm just -- because, you know, you have to have some height over the pool, obviously. And I don't want to get -- I don't want it too high, but I don't want it too low at the same time. Do they go over that 25 feet or do they stay -- CHAIRMAN STRAIN: You won't be able to carry on a conversation with someone. The court reporter can't take the notes down. I'm sorry. If you want to take a minute and confer with them, MR. MAHONEY: I don't --like I said, I'm willing to work, but I don't want to commit to something unless I have an intelligent-- CHAIRMAN STRAIN: Make it real brief, please. Thank you. Ray, the 20-foot setback for the principal and accessory is something, if we stipulate it, it's not a problem for the district? MR, BELLOWS: It's a straight zoned project, and what happens is if there's special conditions or stipulations added, it will have to be reflected in the zoning ordinance so it will show up on the zoning map as this particular RSF-5 district has additional stipulations, so anybody checking zoning will know that there are -- additional stipulations should be enforced, COMMISSIONER SCHIFFER: Mark, I would -- COMMISSIONER VIGLIOTTI: Would this have to go in as deed restriction in case someone else down the road wanted to do it? MR. BELLOWS: That's one method of assuring it. The zoning map, as I said, will also have that Page 40 1611 November 17,2005 . reference to the ordinance containing the stipulation. CHAIRMAN STRAIN: It will be on the zoning map, Bob. When you plug in the zoning map, it will give you references to little numbers. If you go check down, it will give you a resolution or an ordinance that applies. Mr, Schiffer. COMMISSIONER SCHIFFER: Ray, on the same thing, just a little confusion. When they have the buffer, will that be outside or within the platted lot? In other words -- MR. BELLOWS: The landscape buffer? COMMISSIONER SCHIFFER: Yes. The impression I'm getting is that -- maybe since Jennifer has seen the plat, it would show it. I get the impression we'll have a buffer around that. Within the buffer will be platting lots, thus, the rear setback will not be included in the buffer, Is that true or -- CHAIRMAN STRAIN: They can't include it on the landscape buffer with a structure, so they will be outside the 20- foot landscape buffer. COMMISSIONER SCHIFFER: Right. What I'm saying is that, let's take the perimeter lot, is there a buffer of 14 feet and then that 14- foot dimension within the property line is the start of the rear property line for the unit? MR. BELLOWS: My understanding is that most subdivisions, they have that as an easement, not a tract. MS. BELPEDIO: Right. MR. BELLOWS: So it would be an easement on the guy's rear yard, So it's within the 20-foot setback. COMMISSIONER SCHIFFER: But conceptually, his building could be six feet off the buffer with a 20- foot setback? MR. BELLOWS: Possibly. CHAIRMAN STRAIN: Okay. Yes, sir. Did you -- MR. MAHONEY: In concurrence with everyone, if I build a pool cage lower than the windows or even with the windows, I think I have to stipulate to the 25 feet to be fair to the architectural design of the home, COMMISSIONER MURRAY: 25 feet is to the base of the roof. Is that correct? Is that the way we interpret that? MR. MAHONEY: No, it's not. COMMISSIONER SCHIFFER: I would like to talk about the 25 feet, too, because I think you should be careful, because 25 feet would be to the midpoint of the slope roof. MR. BUTLER: Or to the top of a mansard roof which is more common on pool decks. CHAIRMAN STRAIN: You guys, before you -- first of all, when you come back to the speaker, reidentifY yourself for the court reporter. And I have to ask the commission, one at a time. COMMISSIONER MURRAY: I'll defer to Mr. -- CHAIRMAN STRAIN: Now, Mr. Schiffer, do you want to re-ask your question? COMMISSIONER SCHIFFER: The question is really for the applicant. Did he -- he's saying he's going to accept the 25-foot height, but I'm not sure he realizes that that's -- all that's really going to do is lay his roof down a little bit flatter. I mean, we measure to the midpoint of the roof, or you're right, to the top of mansard or to the top of a flat roof, but in other words, ifhe builds a typical story, he's only going to have a 12-foot high roof, which is usually less than the slope houses ofthis stature have. I just want to make sure he's comfortable with that. MR. BUTLER: We're comfortable with a 25 maximum foot -- maximum height with the house and with the pool cage, adding on the houses that back up to Hawks Ridge. Page 41 1 ~, ...-t.,,_:! u November 17, 2005 CHAIRMAN STRAIN: Okay. Mr. Schiffer, are you-- COMMISSIONER SCHIFFER: Yes. I just want to make sure he knows what he's doing here, because what he's really doing is laying his roof down. That's all, CHAIRMAN STRAIN: Well, they are small lots, so it may not be that much of a problem anyway. Are there any other questions of the applicant? Ray, we're finished with our public speakers? MR. BELLOWS: Correct. CHAIRMAN STRAIN: Thank you, Mr. Mahoney. MR. MAHONEY: Thank you, CHAIRMAN STRAIN: With that we'll close the public hearing for petition RZ-2005-AR 7825 and we'll entertain a motion. COMMISSIONER ADELSTEIN: I move that AR-7825 be forwarded to the board of county commissioners with a recommendation of approval subject to the following conditions which will be read into the motion by Mark Strain. COMMISSIONER VIGLIOTTI: I'll second that. CHAIRMAN STRAIN: This is great. Before you even know it, I'm going to read into it, your first and second. This could be a really good one. Motion made and seconded. Remember that for later on today. CHAIRMAN STRAIN: I would like to suggest the following stipulations. A type B landscape buffer will be used throughout the perimeter of the project. It will be modified with a minimum of I4-foot height trees at 25 feet on center and 14- foot live oaks along the north property lines -- along the north property line installed before the first CO is issued on this property. Number two, the two story will be a limitation not to exceed 25 feet for those homes along the Hawks Ridge property. Number three, we agree to accept the contribution of a thousand dollars at CO for the affordable housing trust fund, to be handled in the same manner that prior project donations of this manner have been worked out between the county attorney as it is processed to the BCC. Number four, the rear accessory setback is to be the same as the principal setback, which is 20 foot in the rear yard. Those are the four stipulations that I recall. COMMISSIONER MURRAY: I have a question with regard to your stipulations. CHAIRMAN STRAIN: Yes, sir. There was a second. Mr. Vigliotti-- COMMISSIONER VIGLIOTTI: I'll second that. COMMISSIONER MURRAY: With regard to the one stipulation about along the north side 25 foot, does that allow -- in your nlind, does that allow them to go to a greater height anywhere else? CHAIRMAN STRAIN: It's a minimum -- those are minimum heights. So yes, they can come in with a larger tree, but the minimum has got to be -- COMMISSIONER MURRAY: No, I'm referring to the height of the building. CHAIRMAN STRAIN: Yes. COMMISSIONER MURRAY: They can build 35 feet-- CHAIRMAN STRAIN: Whatever the district allows. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Along the north property line, it's limited to 25 feet, as the applicant suggested. MR. VOLPE: Mr. Chairman, may I just ask for clarification? The applicant -- and the discussion has been related to the single-family residences along the northern property line. If you'll notice further to Page 42 Nle~bl h, 20~5 the west, which is the -- that area, those are multi-family units. That's the county -- so we're talking on the subject property, just the -- CHAIRMAN STRAIN: The Hawks Ridge piece that borders Hawks Ridge single family. MR. VOLPE: Wlllch is the subject of this petition. CHAIRMAN STRAIN: That's correct. MR. VOLPE: Okay. CHAIRMAN STRAIN: That's what the intent is that I understand. Any further comment from the panel? Hearing none, we'll call for the motion. All those in favor of recommendations as stipulated? Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye, COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8 to O. Thank you. Now, for the court reporter's benefit, we have two projects that we have to finish with here today, and I know you've got to call in a relief at noon. I don't know if we'll get through these by noon. I know we won't get through them by noon. We'll probably have to break for lunch and come back for a short period in the afternoon, the way it looks. Do you need time to make a phone call? THE REPORTER: No. I have her set. CHAIRMAN STRAIN: I think, based on -- it's up to the panel. After this next one, depending on the time it takes, we may end up going straight through. I just don't know. At this point, I wanted to give you at least it's going to be past noon. I can assure you that. Okay. The next hearing is on petition PUDZ-A-2004-AR-6417. Ronald Benderson, et ai, Trustee. It's the 75/AlIigator Alley. It's from a PUD to commercial planned unit CPUD. All those wishing to testifY, please stand and raise your right hand. (Speakers sworn.) CHAIRMAN STRAIN: Thank you. Disclosures from the planning commission. I had a brief conversation concerning the traffic impacts to Davis and 95 I with Mr, Bob Duane. Other than that, I guess that's all for me. Okay. Mr. Duane, when you're ready, sir. MR. DUANE: Thank you. For the record, my name is Robert Duane from Hole, Montes and Associates. I last appeared before you on this petition in 1989. I have with me today Bruce Anderson. I have Rob Price from the Metro Group. I have Robert Agrousso (phonetic) from Kindley and Horn with me. I have, from Ken Pascarelli and Associates, Kim Munkers. And I also have Jerry Neal, a professional engineer from Hole, Montes and Associates to discuss any engineering-related issues. Just to give you a broad overview of the project, as you can see from the aerial photo there, the 40 point acre site. It is on the north side of Davis Boulevard. It has frontage on 951 to the east, and you see 1-75 to the north. This property is located in a commercial activity center, and has been located in an activity center Page 43 ~Ql1ied17, 2005 since 1989. It's also been zoned for commercial uses since that time. While there are a number of changes that are proposed in this petition, the two principal changes are to reduce the size of the preserve area which is this I 5-acre area that you see here from 15 acres to I I acres, and we're also increasing, as a result of reconfiguring the preserve area, we're increasing the commercial area of the site by 3.6 acres. So it's a modest increase in actual amount of commercial acreage. The environmental advisory board reviewed this petition a few weeks ago and they recommended unanimously for the reconfiguration of our preserve area. There were several reasons for that. One, that mitigation area has been planted on at least two different occasions, and it's not -- it was unable to be sustained. My client has met with representatives of the South Florida Water Management District, the United States Army Corps of Engineers, and we've agreed to provide for off-site mitigation, and the environmental advisory board thought that this was a good location to try to abandon our efforts for restoration and try to get a bigger bang for our buck somewhere else, Also, as part of this petition is to revegetate approximately 6.2 acres of the remaining water management preserve area, which will meet our requirement of 15 percent of the site. A few other rniscellaneous changes I'll just briefly outline for you. We're deleting residential uses, because we believe this is a commercial site and is not well suited for residential development. In fact, on the old PUD master plan, there were no residential uses depicted. It was merely a use that was allowed in the 1989 PUD approval. The commercial list has been revamped somewhat. They are basically CI to C4 uses, which are presently allowed today with SIC codes. The maximum allowable square footage for this planned unit development is 265,000 square feet, including an existing 107 unit motel that currently exists along with two fast food restaurants. I would like to point out to you that the 1989 ordinance did not have a limitation on the amount of square footage, but based on the area proposed for commercial use, which is approximately 9,700 square feet per acre, our 3,6 acres would translate to approximately 34,000 additional square feet of retail use that we're accommodating based on the 3.6 acres that we're adding today. The western entrance into the project, which is Joyrose Place, located at the bottom of the aerial photo is going to be moved over about 50 feet to accommodate a better parcel which is shown as lot three on that aerial. We're also requesting two minor deviations that staff is supporting that I can go into some detail if there are any questions on those. I would also like to, for the record, note that our client has currently obtained adequate public facility certificates for 130,000 square feet, so that amount of retail development can go forward today and has been accounted for in the systems. The balance of the square footage, of course, will have to be subject to concurrency, And that constitutes my broad overview of the request before you today, and either I or any other members of my team will be happy to answer questions for you. Yes, sir. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER MURRAY: I need to understand, on Page 2 of 18, and I believe that's the county's document, but the purpose ofthe description, are we talking about a reduction of apparently 30 percent to -- from the 15 acres to the 10.5 acres? Is there any mitigation associated with that? I mean, can we just reduce that? Explain that for me, please. MR. DUANE: We're providing -- first of all, we're revegetating that area with 6,2 acres. That meets our rninimum threshold of the 15 percent, and then I believe we're providing, is it 30 credits, Tim, upwards 000 off-site mitigation credits. COMMISSIONER MURRAY: I didn't see that in here. I may have missed it, but I didn't -- I Page 44 N!v~bler'7,:0.05 looked for it. MR. DUANE: It's in the environmental impact study. Actually, the cost of that off-site mitigation is going to be upwards of a million dollars, based on my cursory understanding of what the value of credits are in Collier County. COMMISSIONER MURRAY: Thank you. MR. DUANE: You're welcome. COMMISSIONER MIDNEY: How much is a credit? How much acreage is a credit? MR. DUANE: I'm going to defer to Kim from -- Kim, It's not based on acreage. I understand it's based on functionality and you trade one set of functions for another, and that translates into credits, but she can give you a more technical answer than I could. MS. MUNKERS: Hi. Kim Munkers with Pascarelli and Associates. How it's done is the mitigation analysis. And depending on the amount of acreage you have, you do an assessment, which in this case, we did a wrap analysis, and that's what the Army Corps of Engineers and the South Florida Water Management District will take, and these acres are converted into credits. And so if you went to Panther Island mitigation bank or Big Cypress, which I think are the two options for this site, it would probably be around $35,000 per credit. COMMISSIONER MIDNEY: No, the acreage, I was asking about. MS. MUNKERS: The acreage? COMMISSIONERMIDNEY: Yes. MS. MUNKERS: For the rnitigation analysis? I think the proposed -- the off-site mitigation is for 17.28 bank credits. And that's based on -- I believe it's 28 acres of wetland impacts or total wetlands. COMMISSIONER MIDNEY: 17 credits comes out to 28 acres? MS. MUNKERS: Excuse me. I'm trying to find out what the total acreage is for the bank credits. CHAIRMAN STRAIN: Maybe we can go on with other questions and you can come back and answer that. MS. MUNKERS: Okay. CHAIRMAN STRAIN: Are there other questions ofthe applicant? Mr. Tuff. MR. TUFF: Yes. I just have one question. It seemed like it was permitted, before anything was built, 265,000 square feet, and then the hotel was built, and what you're -- ifI'm comprehending this right, you are saying you want to use that 107,000 and not count the -- I mean, 265,000 square feet, and have the hotel as an addition to -- MR. DUANE: Well, the motel was previously approved at 26 units per acre, and there were four acres within this PUD that supported that density, and the hotel was built a number of years ago, just like the fast food restaurants. MR. TUFF: But it was included in that 265,000 requested-- MR. DUANE: The two fast food restaurants are included in the 265,000 square feet, and the two fast food restaurants comprise approximately 9,600 square feet, and they are contained in the 265,000 square feet. The motel stands on its own. CHAIRMAN STRAIN: Any other questions of the applicant? COMMISSIONER MURRAY: I have a question for transportation. CHAIRMAN STRAIN: We're going to be getting to that. COMMISSIONER MURRAY: I was going to ask the Metro person, the representative. CHAIRMAN STRAIN: That's fine. Do you mind if! ask my questions ofMr. Duane first then, please. COMMISSIONER MURRAY: Not at all. COMMISSIONER SCHIFFER: I have some. Page 45 l6 November 17,2005 ~':~ CHAIRMAN STRAIN: Go ahead. Why don't you go ahead. COMMISSIONER SCHIFFER: The concern I kind of have is that this is kind of a gateway to the community. You're going to see it going over the overpass, everybody who comes through 75. You are going to meet the architectural standards __ MR, DUANE: And we're going to meet the interchange activity center number nine design requirements ofIandscape requirements and design guidelines. COMMISSIONER SCHIFFER: One of the architectural standards is having less than 50 percent of the parking between the building and the roadway, and the fear I have, looking at this, this looks like a good old 1960s strip mall, and I wonder if that meets that requirement or is there going to be a change to that plan? MR. DUANE: No. And I'm sure staffwill correct me if I'm wrong, but my understanding is that that parking lot will, in effect, when you develop the one, two, three, four -- four or five outparcels that are shown, that, in effect, staff views that as a way of obscuring your parking lot. So it would be my opinion, based on, and Ray, correct me if I'm wrong, that based on how we've structured this development, that that is not an issue, vis-a-vis, the architectural design guidelines. MR. BELLOWS: For the record, Ray Bellows. I believe that would qualifY, COMMISSIONER SCHIFFER: I have it here, We could read it. I mean, I'm not sure it does, but, first of all, that's important. I mean, would this plan go through architectural review or has this plan gone through architectural review? MR. BELLOWS: We're at the time of zoning, and they are going to be consistent with the architectural ordinance. They'll have to go through a site development plan stage with the county architect. The urban design reviewer will enforce those provisions and make that determination if that provision Mr. Duane quoted applies or not. MR, DUANE: We have actually been in, for the past two years, for site plan review, but we have had to resolve this mitigation issue before we could obtain approval of the site plan, and to my knowledge, that issue never came up, but we understand we need to meet the architectural site design guidelines. COMMISSIONER SCHIFFER: So Ray, your judgment is that what the code says, essentially, is that 50 percent ofthe parking, can't have more than 50 percent of the parking between the building facade and abutting roadway. So when they throw an outparcel in there, that breaks that link or __ MR. BELLOWS: Yes. There's language in the land development code concerning architectural provisions, and I do recall this issue being raised, as Mr. Duane mentioned, and the site development plan is -- has been submitted and under review, and I believe it did come through for an interpretation of some kind and supported that provision that when you have several outparcels side by side along the roadway, that that is a screen and buffer for the parking area. COMMISSIONER SCHIFFER: How about the 75 access road or the exit road and all that other stuff, it looks like it's facade parking road to me. MR. DUANE: I mean, we have a preserve area that wraps around, you know, the parking lot. I mean, that area comprises almost I I acres. In fact, the replanted -- the area that's going to be replanted is principally, you know, this is the -- CHAIRMAN STRAIN: Could you use the mike, Bob? There's a handheld mike. MR. DUANE: The 6,2 acres we're -- the 6.12 acres we're planning, I mean, it wraps -- I mean, this is all going to be constructed with, you know, the canopies, the mid-story, the under-story, and it will be extensively revegetated. So I think it will have a -- dress well from 1-75. COMMISSIONER SCHIFFER: But the road, as we come down 75, we're going to be lifted up over Collier, so we're going to have a nice aerial view of this site looking right across that parking lot. So anyway, my concern is the '60s look of this. I'm done. Page 46 16 '1 . November 17,2005 CHAIRMAN STRAIN: Mr. Midney. COMMISSIONER MIDNEY: Can you explain why the plantings died before? You said they died twice? MR. DUANE: Twice. It's my understanding, and Kim can jump in, but hydrology was one of the reasons. We have roads constructed around the site today, and I think Ken Pascarelli also testified at the hearing that the mitigation plans that were approved back at that point in time just were not sustainable, given the elevations of the current property and the hydrology, and I think that's why the Corps and the district have agreed to do that mitigation elsewhere, because this has been a failed effort over now a l5-year period. In fact, as you can see from the disturbed nature of the site, a lot of people have been using it with off-road type vehicles, which has probably also not enhanced it either. CHAIRMAN STRAIN: Kim, I think your name is, did you come to a conclusion to the question that Mr. Midney had earlier? State's Exhibit. MS. MUNKERS: I was looking through it. I don't actually have the analysis with me, but I believe it was based on 12.9 acres of wetland impacts, but it's going to be a total of 17.28 credits. COMMISSIONER MIDNEY: For 12.9 acres? MS. MUNKERS: That's what I can see from what I have in front of me, but I don't actually have the mitigation analysis in front of me to refer to. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Any other questions of the panel? Ifnot, Bob, let's get started on rnine. In your PUD document, Section 3, 3.3B, it says that-- MR. DUANE: What page is that, Commissioner? CHAIRMAN STRAIN: Page 5. I'm not sure the pages will be consistent, so I was using the PUD reference numbers, 3.3B. It says that you are anticipating the buildout at approximately six years from the time of issuance of the first building permit or 201 I. You've already had that hotel there longer than six years. So what buildings are you referring to that would start in six years? MR. DUANE: That would be the development of the two outparcels that are located-- CHAIRMAN STRAIN: So any building approved after -- that goes forward after today's meeting? MR. DUANE: Yes, that's correct. CHAIRMAN STRAIN: Your former project had some multi-family in it, I heard you say? MR. DUANE: That's correct. CHAIRMAN STRAIN: I don't imagine, contrary to what the prior applicant was going to do, is building million dollar homes, I don't think there will be rnillion dollar multi-family homes there. Most likely, they will be work force or affordable or something of that nature. This project has eliminated that, which could have eliminated a large help in our affordable housing program for Collier County. Is this project going to do anything for affordable housing? MR. DUANE: I'm waiting for the question. CHAIRMAN STRAIN: Ijust asked you the question. MR. DUANE: The answer is yes. CHAIRMAN STRAIN: Pardon me? MR. DUANE: The answer is yes. CHAIRMAN STRAIN: Which is? MR. DUANE: I believe the person before us agreed to make a contribution to the housing fund, and I indicated to you that we're proposing 3.6 acres of additional commercial area, which translates into 34,000 feet, and we would be willing to make a contribution of 50 cents a foot towards that, and we would Page 47 16 November 17, 2005 also agree that if and when the board enters into some kind of a formal agreement or ordinance for these contributions, that credits be available for our contribution, should, in fact, such language appear in any future ordinances that you may have. CHAIRMAN STRAIN: Okay. Ray, this PUD, when did it start processing through the new form, because this one is riddled with redundant language from the LDC, as I've complained about for what, two years now? How long has this one been in process, because this is one of the worst ones I've seen for redundancy back to the LDC again. MR. BELLOWS: I'm not sure. MR, DUANE: We go back to June, I believe it would be June of2004. Actually, my cover letter was dated August 18th, 2004. So that would have been 15 months ago. CHAIRMAN STRAIN: I'm assuming-- MR. BELLOWS: Yes, and aside, the language that I'm working on for an LDC amendment is __ since Ave Maria, I've been working on it, and we'll be trying to get on the next LDC agenda cycle, and you'll be getting a draft of that soon. CHAIRMAN STRAIN: The lake excavation setback requirements for lakes in this particular PUD are referred to as -- it's under 4.6A. It says, lakes shall conform to requirements described in Subsection 22-112 of the code ofIaws. I'm not familiar with that cite before. Normally, we've referred to the land development code. I'm concerned that the fact, if we're going to keep putting this kind ofIanguage in, that we don't reference now everything besides that, that it could be utilized against or designed to. We might be subjecting them only to this section, when other sections may apply. Are you -- I mean, the land development code has specifics and requirements of excavation. By this language, does this mean they are no longer subject to that, they are subject to Section 22? MR. BELLOWS: I think this language is to take into account the change in the -- the readoption of the land development code certain standards and procedures that were previously listed in the LDC have been shifted to -- MR. DUANE: To the code oflaws, and particularly as they relate to excavation, and that's why we made that -- CHAIRMAN STRAIN: But if this document was silent on that, wouldn't it fall back to that anyway? MR. BELLOWS: Correct. CHAIRMAN STRAIN: Okay. If this document is not silent on it, as it isn't, and specifies it's specific to that section, does that eliminate it from being applicable to other sections that aren't listed here? MR. BELLOWS: No. CHAIRMAN STRAIN: Someday, can we get this straightened out? MR. BELLOWS: It's in the process of being straightened out, and like I said, we have the draft language completed. It's going to be in the next LDC amendment cycle, and you'll be getting a draft of it soon. CHAIRMAN STRAIN: Bob, on Page 2 I, Item E, 7.5E, it says, a minimum 20- foot wide water management easement shall be provided around all storm water management areas. That was struck out. Was there a reason why it was struck out? MR. DUANE: Of what item? CHAIRMAN STRAIN: Page 21, 7,5E. MR. NEAL: Jerry Neal, representing Hole Montes. The definition of excavation, you would expect that you are going to dig down. Actually, what is happening is on this area right here, the natural ground is about the same elevation as the finished product, Page 48 !o~mL117, 2005 which is going to be dry detention, and then we'll just have to -- we're going to build a berm on this side, and a berm by the construction of the project. So we're really not digging down. We're actually doing water management like you do on other projects. We're going up. The other is water management in this area, and that's the same thing. We're not digging down. We have to, because of the change in the new code that put this in activity center number nine, the existing buffer that is along 1-75 ramp does not meet today's standards, because it is put in the design in '89. So we're going to go in and redo that buffer, and it's 25 foot wide, to get into today's standards, but again, there is no excavation planned for here as far as digging down. What we're doing, really, is providing the berm to today's standards around it. There is a berm there today, but it just doesn't meet today's. So I guess, in a way, the question about putting this -- we don't have a lake anywhere. You have the ponding for detention, for a wet area and a dry area. So I don't know if this confused you more or not. CHAIRMAN STRAIN: No. It answers my question. I understand now you are doing mostly dry detention, and that is a different application than a wet lake. MR. NEAL: Yes. CHAIRMAN STRAIN: Thank you. I have -- as Mr. Murray has indicated already, there are a lot of transportation questions, and I'll save the rest of my questions for that. COMMISSIONER MURRAY: I just have, if! may-- CHAIRMAN STRAIN: We're not there yet. I just want to make sure everybody is done with Mr. Duane. Theyare? Okay. Bob? MR. DUANE: Yes, sir. CHAIRMAN STRAIN: Your transportation expert, expert, if he's here, I guess then Mr. Scott is going to be certainly involved in this. So if we can start with your-- MR. DUANE: We have two experts today. Can you frame the question? Bob Price -- COMMISSIONER MURRAY: Mine is pretty basic. Just a qualification. On Page 3 and then Page 5, I'm calling to your attention on the first paragraphs of Page 3, and I'll read it to you. It says, the site access intersections with Davis Boulevard are anticipated to operate under unsignalized conditions. Okay. But on Page 5, the first paragraph, close to the last sentence, it says, the proposed development will access Davis Boulevard via a full access point and a right in, right out access point. Is that the same thing? MR. PRICE: It doesn't really restrict -- the first paragraph where you read. COMMISSIONER MURRAY: Yes. MR. PRICE: I mean, you can have a full access point without a signal. MR MURRAY: No. I understand. I guess maybe I should go to the basis of my question which tickled my mind was, how does that impact, if you have a difference, and ifit's, in fact, a difference in those two sentences, as they mean something, did that impact on how you did your calculations and your review? MR. PRICE: I don't think there's a-- COMMISSIONER MURRAY: A difference? MR. PRICE: -- difference. Robert Price, Metro Transportation Group. Sorry about that. COMMISSIONER MURRAY: And 1'11-- I'll go back now. We'll just stop for the moment on that. That will be good for me. Thank you. CHAIRMAN STRAIN: Any other questions on transportation? Sir, Page 3 of your report says Collier Boulevard has a posted speed limit of 55. That's a long boulevard, and I have to agree, over the 20-mile length of it, there is some sections that will be 55, but if I'm not mistaken, in the intersection you are closest to, it's 45. Does that have any bearing on your report? Page 49 16rrLl17, 1005 MR. PRICE: The only bearing it would have would be on turn lanes, and if we accounted for a 55 rnile per hour speed limit, actually -- actually, we didn't even propose turn lanes on Collier Boulevard, so it really has no bearing. CHAIRMAN STRAIN: Well, there's already turn lanes there. You are proposing not to modifY those is what you're telling us. MR. PRICE: That's correct. CHAIRMAN STRAIN: You also said that in order to gain a better understanding of traffic conditions that currently exist along Davis Boulevard, you obtained a two oh two p.m. peak hour turning movements. Why are you using turning movements that are three years old? MR. PRICE: Because that was what was available to us at the time of the TIS. There was construction going on at Davis and Collier Boulevard at that intersection, so it wasn't feasible for us to go out and do traffic counts. CHAIRMAN STRAIN: So the most recent count you are using is from 2002. MR. PRICE: That was the best data that we had available at the time of the TIS, which was 2004. CHAIRMAN STRAIN: I had a call with your applicant scheduled for nine o'clock the other morning, and I had to call him while I was sitting on 1-75, waiting to get off that intersection at 95 I and Davis because it was backed up for 30 minutes onto 1-75. I thought there was a traffic accident. There wasn't. It was normal traffic. I came there this morning, and it was again -- it took me 30 minutes to get through the intersection. Our court reporter is here today because she's late getting through that intersection. I would bet that from 2002 to now, the points that you need to be looking at, the peak movements have changed some. I don't know how effective it is to use an older date like this. It's concerning to me, for sure. So you estimated, it says, the projected 2006 background traffic conditions. Were they estimated to reflect the backups that were there today, yesterday, the day before and what we've been going on, or were they showing traffic flowing, or how do you estimate things like that? MR. PARK: You just basically take the traffic volumes, grow them up out of the growth rates that the county provides. We grow them for the four years to get to 2006, and we ran, you know, ran an analysis in software that's accepted procedure for TIS, CHAIRMAN STRAIN: How did you get to the I I 5,300 square feet ofretail floor area that you used for your calculations under your Table I? MR. PRICE: The hundred and -- I believe in the TIS that you see, it says I I 5,000. CHAIRMAN STRAIN: It says 115,300. MR. PRICE: There was an update that was done that perhaps did not get submitted to the county. I'm not sure, but that's what I have in front of me. But okay, the 115,000 that we came up with was based on the 130,000 square feet that's been prepaid for the impact fees or for adequate public facilities, and then the difference in what is already constructed on the site and the remaining hundred -- it's actually 125,400 square feet. CHAIRMAN STRAIN: So the 130,000 prepaid are off the books, because they already have their COAs, right? MR. PRICE: That's already accounted for in the concurrency system. CHAIRMAN STRAIN: The new impacts would be anything constructed after what's already there, and that's what you're estimating is the 115. MR. PRICE: No, sir. The new impacts would be beyond what's already been prepaid. There's-- 130,000 square feet that are already accounted for in the concurrency management system. Page 50 1611 November 17, 2005 . CHAIRMAN STRAIN: Right. MR. PRICE: So above and beyond that 130,000 square feet is the 125,400 square feet that we analyzed. COMMISSIONER CARON: I thought the total was 265. MR PRICE: Yes, ma'am. There's existing development on the site as well. COMMISSIONER CARON: You are taking out the motel? MR. PRICE: Yes, ma'am. CHAIRMAN STRAIN: That's been previously accounted for. You used the shopping center ITE trip rate generation? MR. PRICE: Yes, sir. CHAIRMAN STRAIN: In the past, I have been told, and when asked again today, when transportation gets up here, weren't you supposed to be using the most conservative, and if you were, then the food store category would be most conservative, and there would be several times the trip generation rate of a shopping center, the food store, major group 54. MR. PRICE: For a development of this nature, that includes outparcels and attached development to a main strip center, you would actually -- it's accepted practice to run it under shopping center land use. The food store would just be basically only a food store, not the additional square footage that's adjacent to the food store. So for the accepted practice at, you know, we run throughout all of our other organizations that we do these analyses in, shopping centers is what is accepted as the land use to use for a development of this nature. CHAIRMAN STRAIN: We're used to seeing that normally used. I agree. I'm not saying it hasn't been normally used. It's just that in discussions with transportation, we have been told that it's supposed to be the most conservative approach, and it doesn't seem to be if it's a different trip generation rate that's significantly lower than more of your higher trip generation rate elements in the requested rezone, so that's why I brought the question up, You have an impact on quite a few intersections and roads. Davis Boulevard, 3.4, 8.4, 13.2, and different locations, and 951,3.7. And I believe the -- you have a failed level of service on sections of the roadway frequented by this project site. How is it that with all of that happening, you still have a trip count that's allowed to be added to this road system? Do you know? MR. PRICE: Our TIS, actually, it only shows the failing level service on Collier Boulevard. CHAIRMAN STRAIN: Right. MR. PRICE: And that's under existing conditions, and actually, the Collier Boulevard is, as far as I know, is still scheduled to be widened, but I think it's within -- is it -- yes, it's '06, so it's within the window that we can account for it. So from that aspect, Collier Boulevard is not really -- and we can account for the improvement, so we can meet concurrency on Collier Boulevard. CHAIRMAN STRAIN: Okay. Thank you, sir. My -- the rest of my questions will be of county transportation. Mr. Murray. COMMISSIONER MURRAY: I have another. In looking at your Figure 2 in the background traffic conditions, to the west, you have Radio Road, and -- are those numbers from 2002? MR. PRICE: They are from the same report, yes. COMMISSIONER MURRAY: There's been considerable building along Radio and that area there. Okay. Thank you. MR. PRICE: We use growth rates, like I said, just before -- we use county growth rates to grow the Page 51 16 ~ 1 November 17, 2005 o traffic up to the 2006 conditions. COMMISSIONER MURRAY: What does that tell me, sir? What does that mean? MR. PRICE: That means we accounted for typical growth on those roadway segments to grow the traffic from the 2002 counts that were used to 2006, the typical growth over the last four years from the county. COMMISSIONER MURRAY: And you are using a percentage rate as your typical; is that it? MR. PRICE: Yes, we take it from the county's traffic report. COMMISSIONER MURRAY: Is that typical based on the totality of the county's __ MR. PRICE: That's typical based on the county, on that particular roadway link. COMMISSIONER MURRAY: So it's specific to that area at least. MR. PRICE: Yes. COMMISSIONER MURRAY: Okay. Thank you. COMMISSIONER CARON: Let's just go over the math one more time on Table I, where you said now that you are working with 125,0000 square feet. MR. PRICE: Yes, ma'am. COMMISSIONER CARON: Well, if the total project is 265, you're vested for 130, that leaves 135, not 125. MR, PRICE: Yes, ma'am. There's an existing -- there's two existing fast food restaurants that are part of the total 265,000 square feet. COMMISSIONER CARON: And they are not part of the 130? MR. PRICE: They are not part of the 130. COMMISSIONER CARON: Okay, CHAIRMAN STRAIN: Any other questions of this gentleman? Thank you, sir. Mr. Scott. MR. SCOTT: Don Scott, transportation planning. CHAIRMAN STRAIN: How are you doing, Don? MR. SCOTT: Not too well. As you can imagine, not too well. CHAIRMAN STRAIN: I know you know how bad that intersection is. How did you figure this project impacts on that intersection? Not the one that's in front of us today, but as it previously existed, what did you allocate in the transportation concurrency basket for the intensity of this particular project in regards to what you counted? MR. SCOTT: If you're talking about -- are you talking about what was previously vested? CHAIRMAN STRAIN: I don't even know -- I don't want to classifY it as vested necessarily. I'm just asking, what, in your -- see, the applicant had a unique PUD in the sense that it didn't provide a definite number of square footage or units or did -- units in regard -- it just said anything that can be built within a certain envelope, ifI'm not mistaken, and that could equate to different values of square footages. I'm just wondering how the transportation department weighed that in regards to future impacts on the road system when you had to calculate these for checkbook concurrency. MR. SCOTT: When they submitted previously, at least for the -- let me take it in two sections. The 130,000 that was, previously, was I 10,000 of retail and 20,000 of restaurant, and that was how the trips were allocated into the concurrency system previously. CHAIRMAN STRAIN: What was that again? MR, SCOTT: I 10,000 of retail and 20,000 of restaurant. CHAIRMAN STRAIN: Now, that's because of the COAs they purchased, right? MR. SCOTT: That's right, and that was back in -- let me grab the COA. January 8th of2002. CHAIRMAN STRAIN: That doesn't coincide, though, with the maximum that they could have Page 52 1611 · Novemoer 17, 2005 provided in the original PUD. What I'm getting at is when you assess the -- like you were -- like what checkbook concurrency, I thought, was supposed to do, was take all of the existing approvals on the books and allocate them to the road system so that any future approvals could be judged against what was already approved. MR. SCOTT: Well, two different things in that statement. The concurrency system has what they were vested for. Anything beyond, they are subject to concurrency and whatever they bring forward as we discussed before at a site plan or like we are today, would be added onto it. Now, from a modeling aspect, yes, there's a lot more in there, even on the south side, there was what, 450,000 of industrial commercial. In this corner, I don't know what the model specifically had in it, but it has more development in that quadrant. CHAIRMAN STRAIN: Well, if they came in and wanted to put a super store there of some type, like a Lowe's or something, would they be able to get a permit at that intersection? MR. SCOTT: No. And one of the questions was asked that ifit was just today, from a site pIan-- development plan came in today for a certain amount of development based on the TCMA, they might be able to. Now-- CHAIRMAN STRAIN: That's kind of -- MR. SCOTT: -- findings of concurrency now, though, consistency, it is not consistent today based on not having Davis programmed now. CHAIRMAN STRAIN: See, that Davis and 95 I is a -- you can go home five, six, seven o'clock at night, and you'll sit in a line of traffic all the way back to Cracker's restaurant at 951, waiting for the line to get through that intersection. MR. SCOTT: Cracklin Jacks, yeah. CHAIRMAN STRAIN: If you go in the morning, you are either sitting on 1-75 or you're sitting all the way back past 1-75 on 951 again, waiting to go south. I mean, it's not good. I just want to make sure that whatever happens here doesn't make it any worse any sooner than it's repaired. MR. SCOTT: Let me get in the defmition of what he was talking about, too. Collier Boulevard is programmed for 2006 for six laning. Davis was to be programmed for 2008 previously by DOT. They have taken out half of the right-of-way, and this has all happened in the last week, half the right-of-way and all of the construction dollars are out of the five-year work program. Right-of-way now is in 201 I. Our first question was, when do you think we will have a project. They said, I can't answer that question. If! go by what I think our future money is for federal and state money, it's at least ten years away. We -- and I said the board and us probably can't stand for that kind oftime frame, and we'll have to come up with a solution. As I stand here today, we don't have one. CHAIRMAN STRAIN: Okay. This has all changed then since-- MR. SCOTT: This has all changed. CHAIRMAN STRAIN: Would you have still written the same recommendations in your report today that we have in the one in front of us? MR. SCOTT: No. And I have other -- when I went to this, looked at this further, staff member, I would suspect, had made this consistency deternlination, but on our, you know, what is our last comments, we have rejection on this still. Now, I think there was some discussion with a staff member that doesn't work for us anymore, and there might have been some other discussions, but I don't know what they are, and at this point, I'm not sure I care. CHAIRMAN STRAIN: Okay. So this project, then, in the eyes of your department is inconsistent. MR. SCOTT: It's inconsistent. I can't answer the question when Davis is going to be widened, and based on that, I can't say if it's going to work in five years. Page 53 ~ r ~ November 17,2005 CHAIRMAN STRAIN: Okay. Well, I think that probably resolves a lot of questions. Although, I do still have some, I don't want you to think you're off that easy. MR. SCOTT: No. I won't call that easy. That is not what I want to be standing here and saying today. COMMISSIONER ADELSTEIN: We know that. CHAIRMAN STRAIN: The water management system in this project is changing, and I know that one of the provisions in the PUD-- MR. SCOTT: Which was added, I noticed from under -- CHAIRMAN STRAIN: Right. Was added in order that you guys would have some use of that water management system. Do you know if the system that's been reduced to what it is today is adequate for the uses you need as well as for their new -- MR, SCOTT: I actually -- I was doing that for FDOT. Design has just started on the project, and so I don't know what the capacity requirements are. Weare asking everybody up and down the line, Obviously, if the county takes over the project, we'll be asking more than what we've been asking previously, too. CHAIRMAN STRAIN: So at this point, you don't even know if the reduced -- if the reductions that they are asking for today will harm or hurt the situation that you need them to comply with pursuant to the PUD. MR. SCOTT: Yes, that's true. CHAIRMAN STRAIN: Hope is diminishing here. Just so you know, in 1989, Mr. Bellows was in charge of the -- was the planner in charge of this project, and he, I'm sure, under testimony and the utmost discretion, described to the BCC what was going to be put in this project, and his description was the following. It will be a mixed use planned development, allowing for non-residential development on lots one, two and three, up to 125,000 square feet, but 90,000 if, on lot four, a hundred unit hotel got built. The remainder of the property was supposed to be for 150 multi-family dwelling units or a 250 unit motel. So I went and tried to figure out what that equates to in relationship to today's request, and basically, you have a 90,000 square feet with a hundred unit hotel on lot four, and you convert the 150 multi-family at the same rate they use for conversion between retail and motel, and you add another 82,500 square feet for a total maximum that they could have had based on Mr, Bellow's presentation of their project back in '89 of 172,500 square feet. That's why I asked you what you had on the books, because from what I can tell, the impacts would have equated to somewhere around that number, and they are asking for another nearly hundred thousand, about that, today. MR. SCOTT: And the model was revised in 2001, and obviously, we're under -- revising the model for the longer term, and I know it has more of an industrial, retail type of, at least in the model, than what was what you are talking about there. CHAIRMAN STRAIN: Okay. Well, Don, the last question is, this discussion that I had with their Metro guy concerning the intensive uses, the most intensive -- most conservative approach to the uses that could go on the site, and we had the same discussion on the Wal-Mart south. Everybody is using this shopping center code because it's much more lenient than some of the intense uses by the SIC codes that they're asking for, such as grocery stores. Grocery stores have a 17.2 maybe trip generation, where shopping centers have a much less, one-third of that or something. Is that the right approach for the traffic analysis that we've seen coming in? MR. SCOTT: I think, from what our discussions were in the past, is that even if we don't put it on a certain thing to have what some -- with timing-wise, what some people have brought in is different Page 54 1611 . November 17,2005 scenarios, and I think that's probably what we'll be doing in the future. This is dated back quite a while previous to a lot of those conversations, and that's why the data is not here today. CHAIRMAN STRAIN: The last question I have is on the 2002 trip -- actual trip counts that they used, have things changed out there since 2002 to a point that might be significant? MR. SCOTT: Yes. And as Rob touched on, we used growth in that area. The growth in that area has been more like 8 percent in traffic counts, but what you are stating in the last couple of weeks has happened makes you wonder if it's a little more than that this last year, too. CHAIRMAN STRAIN: Well, the season is upon us, too. MR. SCOTT: Yes, it is upon us early, Let me touch on one thing, too, about the access point. Weare working with the developer and the developer over to the west, which was -- it's going to slip my mind, what it's called. COMMISSIONER MURRAY: East Gateway. MR. SCOTT: East Gateway, to have a connection that will come out across from the bypass route to the south -- COMMISSIONER ADELSTEIN: To the Wal-Mart. MR. SCOTT: Exactly. Where that would be the full median opening with a signal in the future and direct that traffic to that location. COMMISSIONER MURRAY: Would that impact on any of this in terms of numbers, flow? MR. SCOTT: Distribution. COMMISSIONER MURRAY: Marginal, right? MR. SCOTT: Yeah. Improves it, because obviously what is happening right now is people get out there and you have U-turns at a place that's not made for a U-turn, and then you have people turning around at a fire hydrant out there, and then also people turning into the driveway into the Wal-Mart and dong U-turns. COMMISSIONER MURRAY: I'm glad you clarified that for me. I knew it wasn't that significant, but it's important to know what was in the making there. Thank you. CHAIRMAN STRAIN: Mr. Adelstein, did you have a question? COMMISSIONER ADELSTEIN: Yes. In the report, it said they had 4,670 average daily trips. Is that all on Davis or is that going out 41 ? MR. SCOTT: That's their total development itself, and then you distribute that off from there. So if they are on Davis to start with, that's in the Davis area. CHAIRMAN STRAIN: Any other questions ofMr. Scott? Thank you. We have the staff report, please. CHAIRMAN STRAIN: Bob. MR. DUANE: If! may just clarifY. I don't want to underestimate the importance of having Davis Boulevard improved in a timely manner. Weare in the TCMA, and my understanding is you look at a number of different blanks, you try to maintain 85 percent of the capacity of those links within the traffic management area, and I just wanted to clarifY that I believe Don stated that there may even be some capacity, you know, either rightly or wrongly, that is available in the TCMA, because it's not just based on anyone link, and I just wanted to clarifY that, and I don't believe that you would disagree with that, would you, Mr. Scott? MR. SCOTT: Obviously, we have had this discussion before when Golden Gate Parkway came in. My problem is from the whole area, is there capacity right at this minute, yes, within the TCMA. Is it going to be a year from now? I don't know, And the problem is we were assuming that, okay, as this, say, Golden Gate Parkway got worse, this would be improved. I don't have that, that balance. So yes, if someone came in right now with a site plan, it could get approval, but that's based on improvements that Page 55 Nol~elll2005 are out there, and some of those improvements aren't happening, so it's -- CHAIRMAN STRAIN: Hopefully, we're here to help you do the right thing, Don. Thank you. Jerry, did you have something? I mean, I'm ready to go to staff report unless you had something else? UNIDENTIFIED SPEAKER: Answer one of your questions. CHAIRMAN STRAIN: Sure. UNIDENTIFIED SPEAKER: We have, right now, a storm pipe stubbed out at lot two, and we have one proposed at lot three to take care of half of Davis Boulevard, and it's already in the stormwater management calculations, CHAIRMAN STRAIN: Thank you, sir. Michael? MR. DeRuntz: Mike DeRuntz, principal planner with the department of zoning and land development review. As the staff report that you have, we had -- we make a recommendation of approval based upon review by staff that the project was consistent with the growth management plan, and it was in activity center nine. In the report, there was a condition from the previous, Don had mentioned, engineer with the transportation services department, that the project would be subject to the east central FCMA or TCMA regulations as was noted in the staff report. And then the ECA -- environmental advisory council also reviewed this on November the 2nd, They approved it with the stipulation that the preserve water management area would be fenced, and as one of the commissioners had mentioned, it might have been Mr. Midney, you know, what had happened over there, and all of the off-roading occurred and these -- the EAC was also concerned about that, and they made that stipulation. There was a neighborhood information meeting, as was noted, on June 16th. There was one person that was present, and it was from Taco Bell. And they wanted to know how this impacted them, and it was advised that the proposed rezoning would not affect them, that that use would continue, and they were satisfied, and they had no objections. As you look, you know, around this -- the subject property, there is -- it is compatible with the other land uses that are around it. There's -- besides the interstate and the County Road 95 I, the other areas are all commercial, planned unit developments of extensive area, and the majority, that is, has not been developed, though. There are two deviations that are being requested, and as Bob mentioned, that staff was recommending approval, the first deviation was about the curvature of the manmade lakes, and the second was about the setback of the berms from the property line. With the recent development, it was, as mentioned by Don Scott from transportation services, of this being not consistent due to the changes to the funding of state transportation projects, the staff would have to now change our recommendation for denial, that it would not meet the growth management plan. COMMISSIONER MURRAY: Okay. MR. DeRUNTZ: And I'm glad that Don was here to brief you on that situation. And if there's any other further questions, I'll be glad to try to address those. CHAIRMAN STRAIN: I have one, Mike. The PUD that was provided to us-- MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: -- it appeared as though it was a strike-out version, MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: But it was not. I pulled the original PUD or the PUD that's on record. It doesn't compare closely to the one that was strike-out, and I'm wondering that maybe -- it's nothing to Page 56 1611 . November 17, 2005 worry about at this point, because we were able to analyze both of them, but the strike-outs that were in this one seemed to be corrections that occurred over a period oftime, but not a strike-out against the original PUD. So maybe in the future, if we could make sure we look and we have a strike-out of the original one, that really would help understand the changes that -- MR. DeRUNTZ: Oh, is that the very first one? CHAIRMAN STRAIN: The very first one with any amendments it had. MR. DeRUNTZ: Yes, sir. CHAIRMAN STRAIN: That's what I found this one wasn't. Ijust wanted to make that point for future reference. MR. DeRUNTZ: Thank you. CHAIRMAN STRAIN: Thank you. COMMISSIONER SCHIFFER: Well, Mark, let me say, that -- so you are saying the PUD in here is a brand new PUD with the strike-outs in it? CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: It wasn't the original PUD struck out? CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: No. MR. DeRUNTZ: The original PUD, they just -- they were just redoing it all, because it was so massive, but I should have provided a copy of the original PUD. COMMISSIONER SCHIFFER: How would there be strike-outs in this thing? CHAIRMAN STRAIN: The strike-outs in this one are corrections to their first version of it. MR. DeRUNTZ: First version of the new draft. COMMISSIONER SCHIFFER: Tricked me. CHAIRMAN STRAIN: That's why I checked. Any other questions of staff? Ray, do we have any public speakers? MR. BELLOWS: No one is registered. CHAIRMAN STRAIN: Okay. Are you guys rnilling around because you want to say something before we close the public hearing? MR, ANDERSON: My name is Bruce Anderson from the law firm of Roetzel & Andress, on behalf of the applicant. I wanted to be clear that, and you correct me if I'm wrong, Mr. DeRuntz, that your finding of inconsistency is only with regard to the increase in the square footage that is being sought. Would that be a correct statement? MR. DeRUNTZ: No, sir. The -- Mike DeRuntz for planning. My recommendation of not approval is due to the inconsistency of the growth management plan and not meeting the transportation element. MR. ANDERSON: But not any other part of the request? MR. DeRUNTZ: Right. MR. ANDERSON: My point being that, although you may not be favorably inclined with regard to the request for the additional square footage above the 130 that the APF certifies we have and what's already been constructed, I would ask you, when you consider your recommendations, to look at the preserve area issue and the access relocation issue separately from the square footage request and perhaps you could recommend one, but not the other. CHAIRMAN STRAIN: Bruce, you might want to suggest a continuance and come back with Page 57 Nle2J ~, 20;5 something a little cleaner after this is done, to gel down, because, I mean, I'm not here today to sort those kind of details out. MR. ANDERSON: Okay. COMMISSIONER MURRAY: I agree with that. CHAIRMAN STRAIN: But that's up to you. And in don't hear that in two seconds, we're just going to close the public hearing and go forward. MR. ANDERSON: We can talk about that. We'll request a continuance, please. Thank you. CHAIRMAN STRAIN: Okay. I think, Mr. White, do we need a motion for a continuance? MR. WHITE: I believe that would be more appropriate, Mr. Chairman, COMMISSIONER MURRAY: I would so move. CHAIRMAN STRAIN: Petitioner has requested a continuance. Is there a motion -- there's been a motion by Mr. Murray to -- COMMISSIONER ADELSTEIN: I'll second. CHAIRMAN STRAIN: Seconded by Mr. Adelstein. Any discussion? MR. WHITE: Yes, if I may, Mr. Chairnlan. CHAIRMAN STRAIN: Go ahead. MR. WHITE: I don't know that the applicants have any idea as to when they might be able to address the concerns you've raised, and the options they may desire to have you consider at some future meeting, but if at that point in time, a date certain is known, it may make things a little more expeditious for the staff in terms of getting this in front of you, and doing so without the necessity of additional advertising. So I don't know that those facts are ones that we're aware of, but -- MR. ANDERSON: Is there a specific time frame that we have to stay within to not have the readvertising? MR. WHITE: I believe it's five weeks. MR. BELLOWS: That's correct. MR. ANDERSON: Okay. We would-- MR. WHITE: My point is that we would have to know when that meeting was that we were continuing this to in order to not have to advertise, even if it was within the five weeks. CHAIRMAN STRAIN: Bruce, my suggestion is that you try to figure out a way to solve the traffic problems. MR, ANDERSON: Yes. CHAIRMAN STRAIN: That may not be able to be done in five weeks. MR. ANDERSON: Well, that will take years, CHAIRMAN STRAIN: Well, then you might want to consider phasing requests and things like that. So I would just -- MR. ANDERSON: We're certainly open to that, yes, so we'll-- when we come back to your-- CHAIRMAN STRAIN: Are you going to be able to do it-- MR. ANDERSON: -- second meeting in December, and just pick that as the date. MR. WHITE: That would be the 15th? CHAIRMAN STRAIN: Yes, it is. MR. WHITE: That would, I believe, meet the timing requirement of the five weeks, and the requirement for a date, place, time certain. CHAIRMAN STRAIN: So this meeting will be continued on this issue to December 15th, MR. WHITE: Yes. COMMISSIONER MURRAY: Could we include updating of information on the traffic matter? CHAIRMAN STRAIN: That's what this is all about. Page 58 1611 November 17,2005 . COMMISSIONER MURRAY: I'm talking about the -- okay. CHAIRMAN STRAIN: Will the motion maker accept a continuance to a date specific on December 15th? COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Mr. Murray, will the second accept that? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Second by Mr. Adelstein. Now, is there any further discussion? COMMISSIONER SCHIFFER: Mark, shall we discuss all of the concerns we have? I mean, I have a -- CHAIRMAN STRAIN: We're closing the public hearing, so I thought that you were done. Nobody else had any questions. COMMISSIONER SCHIFFER: I expressed it a little bit, so I think it's on the record. MR. WHITE: Not to delay the proceedings, but it may be advantageous both for the commission as well as the applicant to know what those are so that all of you are on equal footing. CHAIRMAN STRAIN: Right. I thought those were expressed already through the last hour we've been talking, but -- COMMISSIONER SCHIFFER: I discussed it. It was the planning concept of this being a strip mall versus the mixed use that the original one was. CHAIRMAN STRAIN: I think you made that -- I understood it. I'm sure that Bruce, in his astuteness and all he's been doing in this county probably understands, it, too. Okay. Hearing no other discussion, all in favor of the motion to continue, signifY by saying aye. Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye, COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay. That motion is passed. Now, we have one more project left. I can't see it taking too long. We can continue and not have to come back after lunch, or we can take lunch. What's the pleasure of the board? COMMISSIONER MIDNEY: Lunch. COMMISSIONER VIGLIOTTI: I would like to finish it. CHAIRMAN STRAIN: I would like to finish it. COMMISSIONER ADELSTEIN: I'm the one that's got troubles. CHAIRMAN STRAIN: Let's go ahead then and finish it, and that means we may not need a court reporter at 1:00. The next petition is PUD ZA-2005-AR-7403. All those wishing to speak on behalf of this project please rise and be sworn in. (Speakers sworn.) CHAIRMAN STRAIN: Thank you. Disclosures on the part of the planning commission. Hearing none from the members, I had spoke to Mr. Fernandez about this project. I can't remember Page 59 '~ 6 ~' N~vem~eh 7,2005 every single detail we talked about, but I'll be reiterating them here today, so. And with that, we'll ask the applicant to continue with his presentation. MR. FERNANDEZ: Good early afternoon. Michael Fernandez with planning development, representing the applicant. This is a rezone to essentially change an existing hotel to a residential use. It's a PUD that has not been financially successful, and the developer is seeking an alternative use that would be successful. He believes he's found that in terms of doing a residential development within the existing hotel. The existing hotel has 105 units. Our application was for 64 units or 16 units per acre. However, in our reevaluation to -- and our ability to accommodate those units, I can tell you now, that we're willing to accept 14 units an acre or 56 units, total, because the 64 just is not viable with our proposal. Additionally, there was a neighborhood meeting. There was a request at that neighborhood meeting for insulation of the concrete component six-foot wall along our rear property line where it abuts single-family homes. At the time, we weren't sure we would be able to accommodate it. As it turns out, although there are utilities within the existing buffer area, the easement is actually on the adjacent properties. We've talked to the utility companies. Weare able to accommodate that concrete component wall fence and will basically remove the existing chain link fence and replace it with the concrete component wall. In terms of impacts, I believe what we're creating is a more compatible project with our adjacent neighbors. One of the concerns, one of the other concerns of our neighborhood was the amount of noise that comes from our facility, Weare not representing the hotel directly in this case or the restaurant. The restaurant will continue to be an on-site use. However, by having a residential component, I think you'll see greater policing of any kind of noise impacts that currently negatively impact the residential neighborhood to the south of the project. The project is within an activity center, which is intended to be a mixed use. So we think it's a very viable development and one that is deemed most consistent with the growth management plan. If you have any questions, I would be happy to address them. Yes, sir. CHAIRMAN STRAIN: Mr, Murray. COMMISSIONER MURRAY: I note that the existing restaurant on site is not co-sponsoring the proposed amendment. However, that's fine, but do they object to this, because the impact on their parking is, from what I gather, somewhat significant. MR. FERNANDEZ: Actually, we will be accommodating all of the parking to the SDP standard requirements, There was a request for some clarification to make sure that they were on board both from Mr. Strain and also from the county attorney's office. We have now provided that documentation to the county attorney's office, representing that the restaurant has given us full authority to represent their interest in terms of the PUD, And they were also -- had a representative at the neighborhood meeting, and at that time also indicated they had no objection to what was being proposed. COMMISSIONER MURRAY: So they are comfortable with the parking and you folks will facilitate that? MR. FERNANDEZ: Yes, sir. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Mr. Fernandez, has the county attorney reviewed -- I got the document from you, and I will make sure it's provided as -- turned into evidence today -- concerning the common ownership or the -- I forgot what it's called, but the ability for the restaurant signing in and agreeing to this, Page 60 1611 November 17,2005 . have you seen the document? MR. WHITE: I think what you are referring to, assistant county attorney Patrick Wlllte, the idea of unified control, and yes, I have seen those -- well, I don't know that I've seen these, but I have seen documents that were provided as of yesterday, and they were adequate from my perspective to demonstrate that there was unified control of the entirety of the lands that are the subject of this application, as well as an appropriate statement that Mr. Fernandez and his firm are the authorized agents. MR. FERNANDEZ: Mr. Strain, just to clarifY, there was an additional comment frorn the county attorney's office to the forms that we provided you directly, and that was a clarification on title. We had those reissued by the restaurant representative, authorized representative, LLC, and we transmitted, and Mr. Wlllte's review is of the latest ones that we submitted yesterday. CHAIRMAN STRAIN: Thank you. MR. WHITE: I'm sorry, Mr. Chairman. And although I have no objection to you submitting this to the court reporter for inclusion as part of the record for today's proceedings, my understanding and suggestion to the staff was that Mr. Fernandez's firm would provide the originals of those executed instruments to Mr. Basi for inclusion as a supplement to the application, and they would also, at that point, be part of the staff side official record for this project. MR. FERNANDEZ: Mr. Chairman, the representative basically represented to us that they were overnighting it. So we expect to have that, ifit has not already arrived in our offices sometime today, and we'll deliver that original either today or tomorrow to staff. CHAIRMAN STRAIN: I have no problem with that. In fact, I would rather we not get into the package I gave you, then, because we're going to get a newer original than what I have. MR. FERNANDEZ: It was just a-- MR. WHITE: I have some other materials for you here, and I'll just give them to you after the meeting. CHAIRMAN STRAIN: I have some for you, too. MR. WHITE: Great. CHAIRMAN STRAIN: Reading for the weekend. Are there any questions of the applicant at this point? COMMISSIONER SCHIFFER: I do. Just to clarifY what the parking requirement is, you could do an analysis, but it winds up saying that it could not be realized and-- MR. FERNANDEZ: I think the analysis was done by staff. Basically, we have to live within the boundaries of what the site development plan or the LDC requirements are, We're not asking for a deviation for the parking requirements. So for the restaurant, for instance, I believe it's one per 80. For the hotel or for the new residential, it's based on, depending on the number of bedrooms that will be in each individual unit, and we're comfortable that we'll be able to meet that. If we're unable to meet that, the parking requirements, then we won't be able to support the 56 units that we're now proposing to do. COMMISSIONER SCHIFFER: Aren't you proposing 64? MR. FERNANDEZ: Weare happy to reduce that. Our analysis shows that we won't realize enough support for infrastructure for the 64. So we're able to reduce that today, at your pleasure, to the 56. COMMISSIONER SCHIFFER: And as you calculate it, the restaurant, you are going to abandon the reduction that was in the original PUD? MR. FERNANDEZ: That's correct. In the original PUD, there was a 50 percent reduction because of those -- associated with the hotel. That's lost. We have not requested a deviation from the land development code. So it's incumbent upon us to meet the straight LDC standards for parking. COMMISSIONER SCHIFFER: Thank you. Page 61 (l ~ 1 ii._ :"J; , ' November 17, 2005 MR. FERNANDEZ: You're welcome. CHAIRMAN STRAIN: Mr. Adelstein, COMMISSIONER SCHIFFER: These spaces, you've supposedly said, in your document, it would be 175 spaces, parking spaces for both yours and the restaurant; is that correct? MR. FERNANDEZ: I don't recall that. I think that's in the analysis that staff did. So I don't know the numbers. There's -- we still haven't identified all of the units, if they are one bedroom, two bedroom. That will affect our parking counts as well, but it's incumbent upon us, If we don't have enough parking to support, then our SDP will only be for lesser numbers than we're asking for today, but at this time, we anticipate it will be 56 units in addition to the restaurant. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: And this is in honor of Ken's, since he's not here, he would do this, the owner is Michael, what is it Cassus? Is he 100 percent owner, or is he president, registered agent, and there's other owners? MR. FERNANDEZ: I believe he is the sole owner ofthe hotel condominium that was now going to be residential. COMMISSIONER SCHIFFER: Okay. MR. FERNANDEZ: I don't know, in the future facility, in the redevelopment, if he'll be the singular owner or not. COMMISSIONER SCHIFFER: Thank you. MR. FERNANDEZ: Yes, sir. CHAIRMAN STRAIN: Mr. White, did you have something? MR. WHITE: No. CHAIRMAN STRAIN: Oh, I'm sorry. Any other questions? Well, I do. MR. FERNANDEZ: Yes, sir. CHAIRMAN STRAIN: The restaurant is 5,500 square feet currently. The staff report and your TIS are asking for 8,000 or suggesting as being -- has the potential to go to 8,000 square feet, and the staff report and the PUD says it has the potential to go to 10,000 square feet. The staff report can't be wrong, because they've got one or the other. The TIS has got to be wrong or the PUD has got to be wrong. What is it you are going to? MR. FERNANDEZ: The request is for 10,000 square feet. Again, right now, if you were trying to accommodate all of that square footage, that was our agreement with the restaurant, so they have a chance to redevelop. The restaurant will depend on the amount of space that it allocates between eating areas and back room areas, depending on those kind of parking ratios, So there is that possibility that they could modifY their restaurant in the future to a different configuration that -- which would have different parking requirements. CHAIRMAN STRAIN: That was a good choice to reduce the density down to 14, because the difference in the TIS would have negatively impacted the trip rates, but now with your reduction in units, it's going to be positive, so I don't see a problem there. The rest of the questions, I think I have are of staff. So just let me double check here. There is a sidewalk that apparently is on your property that meanders in front along Pine Ridge. MR. FERNANDEZ: Yes, sir. As part of the original approval, we basically took the sidewalk that was out in public right-of-way and placed it within our property so that it wouldn't be immediately adjacent to the roadway. Better for the public and better for patrons of our facilities. CHAIRMAN STRAIN: I agree. Better move. Ijust want to make sure there's been an easement Page 62 1611 . November 17, 2005 issued to the county for that sidewalk. MR. FERNANDEZ: Yes, sir, I believe there has been with the original SDP. CHAIRMAN STRAIN: Okay. That's all of the question I've got. Thank you. MR. FERNANDEZ: You're welcome. I reserve the right to answer any other questions if they arise, or to address any issues that come up. Thank you. CHAIRMAN STRAIN: There's a lot of public here to speak. Mr. Bosi? MR. BOSI: Mike Bosi, zoning and land development review. As part of the direction of the county attorney's office, Mr. White assisted me in making sure that there was unified control of the property, and yesterday, received a copy of the letter of acknowledgement and authorization from the condominium owner, and so far, it satisfied Mr. White's concern. For the benefit of the planning commission, if you may not recognize Mr. White, he's your esteemed gentleman to the right with the beard, it's a recent addition. CHAIRMAN STRAIN: That's a little couple day growth. This is a beard. MR. BOSI: In staff's evaluation, we found the petition, obviously, consistent with the growth management plan with the mixed use activity center designation. The one thing I will say about this segment of Pine Ridge Road between Goodlette-Frank and U.S. 4 I, with the adoption of Goodlette Corners, which is to the immediate east of this property, the existing residential structures and older strip plaza has been removed, and there is going to be a lot of new commercial development that is going to take place on that segment between Goodlette-Frank and U.S. 41. Staff's view of the transition from the transient motel!hotel units to the residential units, staff feels that this residential unit will provide more of a stabilizing force within the newly really heavily populated commercial area. So we think it's going to be a good mix of commercial and with this residential, and with that, we have offered our support of the petition. The one area where we had diverged from the applicant was related to the BI landscape buffer identified within the PUD document. The B I landscape buffer was the southern property boundary of the PUD with the residential units to the south. At that neighborhood information meeting that we held in, I believe it was June 5th of this year, one of the main concerns of the residents was the lights that, at night, would shine through the landscape buffer and disrupt the individuals from their enjoyment. So staff had recognized and conveyed that, at that time, a landscape buffer would be imposed by the land development code of a concrete wall. Mike, Mr. Fernandez has indicated that the applicants are willing to make that change. We will have to make -- we will have to make the modification to the PUD document that will go before the board of county commissioners to reflect that a chain link fence is not going to be what is contained within the B I landscape buffer, but, indeed, a concrete, opaque masonry wall as required by the land development code. With that, I'll open myself up to questions that the commission may have. CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Interconnectivity is the question. I notice to the south there is the drive there, and it appears there's connectivity, and then it looks like Goodlette Corners or it says undeveloped commercial, I'm not sure if that's Goodlette Corners. Has any attempt been made, or are you aware of any attempt that's been made to try to effect interconnectivity with that easterly PUD there? MR. BOSI: Actually, right before I got up, I stood up to speak, Don Scott came over and indicated that he has been currently in discussions with the property owners within Goodlette Corners, and they are requesting that a potential future interconnection, and let me skew the master plan so I can show you where Page 63 11 /: A ~.... l .,,) November 17, 2005 it's at. One second, please, If you pay attention -- the visualizer, right where the hand is, this is where Don had indicated he would like a minor modification to the master plan to show for a potential future interconnection with the Goodlette corner commercial PUD, to be able to facilitate an internal flow of traffic that will better facilitate, better facilitate the vehicle movement into the entire area. I believe that that -- like I said, that happened five or ten minutes before I got up to speak. So yes, Commissioner Murray, transportation staff is working diligently on trying to establish that interconnection. COMMISSIONER MURRAY: Super. Thank you. CHAIRMAN STRAIN: Any other questions of the staff? Hearing none, that's fine. Mr. Fernandez, you got something to rebut? Not much was -- MR. FERNANDEZ: Not to rebut, but actually, one of the stipulations of the SDP that we do presently have was for an interconnection. It's proposed to be that exact extension. So that's your provision. If you want to add it to the PUD, we have no objections to that, being that possibility for interconnection is already part of the SDP as it exists. CHAIRMAN STRAIN: Okay. Ray, is there any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. We'll close the public hearing, I'll entertain a motion. COMMISSIONER ADELSTEIN: I move that AR-7403 be forwarded to the board of county commissioners with recommendation of approval. COMMISSIONER MURRAY: I'll second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein, seconded by Commissioner Murray. Any discussion or stipulations? The stipulations I can suggest, that the density be reduced to 14 units per acre with a maximum not to exceed 56 units; that the wall along the south property line be a six-foot concrete wall, and that the language involving the interconnection that's been submitted by way of the SDP be incorporated into the PUD. COMMISSIONER ADELSTEIN: I'll accept those. CHAIRMAN STRAIN: Do the motion maker and the second accept those? COMMISSIONER ADELSTEIN: Yes, COMMISSIONER MURRAY: Yes. CHAIRMAN STRAIN: Any other discussion? All those in favor, signifY by saying aye, Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: Motion passes 8 to 0, Thank you. We're almost done. Page 64 lv9mLf17,2005 Old business? Wish to let everybody know, if you haven't read your E-mail, that Mr. Abernathy's services are going to be held on Saturday, the 19th, at 2:00, at the -- is it the First Episcopal Church -- St. John's Episcopal Church on Park Shore, just west of U.S. 41. No new business, except Mr. White, we sure do thank you for all of your help with us. We're going to sincerely miss you, sir. (Applause.) MR. WHITE: You'll have to put up with me, I believe, on the 1 st as well. The 2nd of December is my last day. CHAIRMAN STRAIN: I wasn't sure you were going to make it here on the 1st, but I'm glad you are -- MR. WHITE: Absolutely. It's an LDC amendment in the afternoon. How could anybody want to miss that? CHAIRMAN STRAIN: There is no public comment, obviously. Discussion, agenda addenda, that's done. Motion to adjoum. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion is made and seconded. All in favor? Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER MIDNEY: Aye, COMMISSIONER TUFF: Aye. COMMISSIONER ADELSTEIN: Aye. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:27 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman Page 65 16'1 · LDC Cycle 2- 2005 and CCPC AUIR review material will be sent under separate cover For information contact: LDC- Catherine Fabacher 403-2322 AUIR- Randy Cohen 213-2903 1611 · December 1, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, December I, 2005 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m., in REGULAR SESSION in Building "F" of the Govemment Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Brad Schiffer Paul Midney Donna Reed Caron Lindy Adelstein Bob Murray Russell Tuff NOT PRESENT: Robert Vigliotti ALSO PRESENT: Ray Bellows, Zoning Department Marjorie Student-Stirling, Assistant County Attorney Fiala Halas Henning Coyle Coletta ..' J Misc. Corres: Date: Item#: Page 1 Copies to: 1611 · December 1,2005 CHAIRMAN STRAIN: Ray, if you could power us up, get the meeting rolling. Good morning everyone. If you don't mind rising for the pledge of allegiance to start our meeting this morning. (The pledge of allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you, Ms, Madam Secretary, would you do the roll call? COMMISSIONER CARON: I will do the roll call. Mr. Schiffer. COMMISSIONER SCHIFFER: Here, COMMISSIONER CARON: Mr. Midney is not here. Ms. Caron is here. Mr. Strain, CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein. COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray. COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti is not here, And Mr. Tuff. COMMISSIONER TUFF: Here. CHAIRMAN STRAIN: Thank you. Addenda to the agenda. Anything from the commission? Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah. I'd like to add two items. One is a follow-up on that commissioners' seminar we took and then the -- just a planning question. CHAIRMAN STRAIN: Any others? (No response.) CHAIRMAN STRAIN: Okay. Well, Mr. Tuff, did you get your -- oh, you really broke the computer. Huh? He was monkeying with the computer and it went down for good. I should have known. COMMISSIONER ADELSTEIN: Nobody even called. I counted to ten, CHAIRMAN STRAIN: Okay. Any other addenda? (No response,) CHAIRMAN STRAIN: Hearing none. Planning Commission absences. Ray, why don't we go through what's happening for the rest of December so we're all on track. There's been some confusion between everything that's been sent out. So can we just lock down the dates? MR, BELLOWS: Okay. On December 15th you have a regular hearing date on December -- that's December 15th. CHAIRMAN STRAIN: On the 15th is there a time certain often o'clock for the Bayshore/Gateway Overlay? MR. BELLOWS: I believe it's a time certain. I don't know the time, though, on it. It's on my list here. CHAIRMAN STRAIN: I think the ad said ten o'clock. MR. BELLOWS: Yes. CHAIRMAN STRAIN: Does that mean we have a regular hearing in the morning prior to that? MR. BELLOWS: Yes. CHAIRMAN STRAIN: Do we have -- I don't know how many cases you have coming up prior to ten o'clock, but I want to -- are we going to running over; do you know? Page 2 ~ 6, F. ~ ...1 n (II December , 2005 MR. BELLOWS: I think two were continued so I made it a short agenda. CHAIRMAN STRAIN: Okay. Thank you. And what's the other -- we have another December meeting too, don't we? MR. BELLOWS: You also have a -- CHAIRMAN STRAIN: AUIR on the 20th? COMMISSIONER SCHIFFER: Twentieth. MR. BELLOWS: Yeah. AUIR on the 20th. COMMISSIONER CARON: Nine o'clock. CHAIRMAN STRAIN: As far as the 15th, will everybody here be able to make the 15th? (Indicating. ) CHAIRMAN STRAIN: All nods. Nobody's saying no. It looks like we will. Will everybody here be able to make the 20th? (Indicating. ) MR. MURRAY: Yes, sir. CHAIRMAN STRAIN: Same nods. Okay. Nobody saying no. So we got a quorum for both days. Thank you, Ray, Approval of minutes for October 6, 2005. COMMISSIONER ADELSTEIN: So moved, COMMISSIONER MURRAY: Second, CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by Commissioner Murray to approve the minutes of October 6, 2005. All those in favor. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion passes. Ray, the BCC report and recaps. MR. BELLOWS: The board met last Tuesday, but I unfortunately don't have the recap for you at this point. CHAIRMAN STRAIN: Okay. MR. BELLOWS: I'll have to give that at the next meeting. CHAIRMAN STRAIN: No problem. Chairman's report. Last week I had left some handouts that I had promised this board they would have by this meeting, and staff had told me they could produce them by this meeting, and I -- do you have them somewhere? MR. BELLOWS: They are being copied and hopefully by the end of the meeting though. CHAIRMAN STRAIN: So it looks like we forgot about them until we came in this morning. Huh? MR. BELLOWS: No. They're -- I didn't have them completed. They're still making copies. CHAIRMAN STRAIN: Okay, What that handout will be and I'll try to explain it before the agenda's over today is the laws and codes that pertain to the planning commission's operations, activities Page 3 1611 December] , 2005 . and things like that. Ray, another item I would like to mention, I've got a couple here under this agenda item. The Municode that we all use on the Internet, mostly we have to use it because our hard copies are not regularly updated like in the old days. The only problem with CD Plus MUNI code is if you notice they don't have -- they won't show the tables on MUNI code. They had them there for a while, but your use tables are no longer there, That makes it real awkward to look at some of the uses. For example, we have a commercial project coming up today that listed SIC codes and uses, and if you wanted to verifY any of those, you can't do it. So you've got to go back to the book, but the book's not updated. Is there a solution in the works for this or do you know what's happening with that? I mean, if we're having trouble, the public's going to have even more problems. MR, BELLOWS: Yeah. I'll check with Captain Fabacker (phonetic) that heads up the LDC amendments and see ifhe's -- knows of any fix. We'll get you one thing, an updated paper copy. We'll get that to you for sure. CHAIRMAN STRAIN: Okay. Or -- or if you have a CD copy, but something so that when we have a need to research something for the Planning Commission meetings, we have the available resources to do it so... MR. BELLOWS: I'll check into it and make sure you get at the minimum paper copies right off the bat and we can get you CDs right away. We'll do that. CHAIRMAN STRAIN: Thank you. Let the record show that Commissioner Midney has arrived. How was the traffic, Paul? COMMISSIONER MIDNEY: Good, COMMISSIONER CARON: Today it was good. CHAIRMAN STRAIN: Wonderful. COMMISSIONER ADELSTEIN: Like always. CHAIRMAN STRAIN: Last meeting there was an issue involving additional space needed for a developer on Davis Boulevard, Ray. And through that discussion we saw the staff change their position from one of recommendation of approval to recommendation of denial. In further research, I notice that in your CD Plus that there were some outstanding rejections on that project and somehow it still had gotten to our level. But it's interesting in reading CD Plus in seeing how staff reviews and looks at some of these projects because it's a thorough review. They do a good job. And I think that would be of a tremendous benefit to this commission. Would there be any problem from now on when we receive a -- when we have a scheduled hearing that as part of our packet to include a hard copy of the information in CD Plus? It's just a summary of the staff's comments and how the project evolved to the point where it got to us. And it would also tell us what departments are still having problems. So it might help in our questioning and understanding of the project. MR. BELLOWS: I'll look into that. The staff report should reflect any negative comments in CD Plus anyways. CHAIRMAN STRAIN: It didn't last time though, MR. BELLOWS: I think what happened on the last time there was a last-minute change. It was complete and then -- then an issue came up and they turned it back to reject after the process was started for advertising and staff report. So there was some confusion along those lines with a late-minute change with a late-minute issue that was discovered. CHAIRMAN STRAIN: Well, if you could look at possibly -- because I know CD -- the pages are -- it's just a matter of making a print of those and then attaching a few more pages to our packet. But for some of us it might be insightful as to see how the staff has been looking at things and how they evolved at Page 4 1611 December 1, 2005 . the staff level so we know what 00 what happens it may have already been addressed that we haven't got to re-bring this up at this hearing. MR. BELLOWS: No. That's certainly not a problem, and I will ask the planners to also be aware of the -- ifthere is a disagreement between staff and the petitioner, that it's clearly stated in the staff report also. That's the purpose of the staff report to outline those inconsistencies and review. CHAIRMAN STRAIN: Okay. Well I'll 00 I'll kind ofkeep it on here then until I get feedback from you maybe on the 15th as to 00 MR. BELLOWS: Yeah. It shouldn't be a problem getting you copies of that either. CHAIRMAN STRAIN: I -- I hope not. I mean, it would be easy to do. Okay. With that we'll move into our first advertised public hearing. Petition BD-2005-AR-8280, Martha Valle represented by Joseph Cunningham of Turrell & Associates. And will all those wishing to speak on this matter please rise and be sworn in. (Speakers were duly swom.) CHAIRMAN STRAIN: That's great. Thank you, Ms. Ford. This is going to make it easier for me today. Disclosures from the Planning Commission. (No response.) CHAIRMAN STRAIN: None. Okay. You may proceed. MR. CUNNINGHAM: For the record, Joe Cunningham from Turrell & Associates representing Martha Valle. Rocky Schofield's going to hand out a few aerials that will help aid this petition here. CHAIRMAN STRAIN: Thank you. I knew you were here for something, Rocky. COMMISSIONER ADELSTEIN: You're welcome. CHAIRMAN STRAIN: The project site is located in Bonita Springs at 202 San Mateo Drive. It's in Southport over there on Little Hickory Bay. Ms. Valle is requesting a 25-foot boat dock extension from the allowed 20 feet for a total protrusion of 45 feet. It's into the waterway that's extremely wide, around 900 feet. This dock will facilitate two vessels with lengths of 30 feet and 16 feet. I want to put on an aerial here that will show exactly how wide the -- this bay is just to make sure there's no navigational problems for other vessels. As you can see it's 900 00 a little bit 00 a little bit over 900 feet over here to around Third Street and just over 700 feet over here to this point. Now, near Martha Valle's shoreline, the applicant's lot is very shallow and it's checkered with mangroves. As you'll see in this photo right here, these are all mangroves along the shoreline here and the water depths right here are very shallow. So we had to push this boat dock out in order to provide sufficient water depths for these two vessels. As I said earlier, she's requesting vessels of 30 feet and 16 feet. These vessels will draw approximately three feet of water and a boat lift will draw an additional foot or so thus requiring at least four feet of water to safely moor the vessels. As you can you see in this drawing, the morsels -- the vessels have been moored parallel with the shoreline and end line in order to minimize the total protrusion. This design seemed to be the most practical and allowed Martha Valle to have two vessels while protruding only a minimum distance into the waterway. Now the next aerial you'll see that the proposed boat dock is consistent with other surrounding docks. As you can see the dock to the north protrudes a distance of 47 feet into the waterway. And down to the south you'll see a another dock extending 77 feet into the water. And as mentioned earlier, this proposed dock does not impede navigation and it will have no impact on the waterfront views of either neighbor. Are there any questions? Page 5 16 '1 December 1,2005 . CHAIRMAN STRAIN: Any questions? Mr. Murray. COMMISSIONER MURRAY: Mr. Cunningham, would you put up the last slide, please. I can see that it looks to be about 45 feet from the crossing over the mangroves. What 00 what would you guess would be the distance from where the catamaran would be housed to the next dock south if you will? Would you say about 50, 60 feet 00 MR. CUNNINGHAM: To the -- well -- COMMISSIONER MURRAY: To the 00 to the south. To the dock to the south. Just -- just an estimate. MR. CUNNINGHAM: I'd say -- I'd say probably -- probably around 60 feet, 65 feet approximately. COMMISSIONER MURRAY: Does the catamaran -- do you know, does the catamaran have its own energy source -- energy source? Does it have a motor. MR. CUNNINGHAM: I don't believe the applicant's decided that. I imagine it might have some type of small motor on it. COMMISSIONER MURRAY: Yeah. MR. CUNNINGHAM: But nothing significant. COMMISSIONER MURRAY: I'm just thinking about maneuverability and the distance and so forth, Okay. That will 00 that will suffice. Thank you. MR. CUNNINGHAM: Okay. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: The southern repairing line or how actually do you figure the repairing lines in this neighborhood? You show them as due east, but aren't they essentially an extension of the property line or -- and the concern is, is this thing too far south? Could it be moved up to better fit the setback if the repairing line does continue with the property line? MR, CUNNINGHAM: Well, yeah. I believe these 00 our pairing lines are put on by the -- MR. SCHOFIELD: Good morning. For the record, Rocky Schofield. Repairing lines are -- they go from the shoreline and they run perpendicular to the thread of the channel. So on -- on your aerial there you 00 the -- the channel runs north and south. So you would extend the property line out perpendicular to the thread of the channel. If you were to draw an imaginary line north and south through that channel there, Little Hickory Bay, and that's how 00 that's how they run. CHAIRMAN STRAIN: Okay. MR. SCHOFIELD: And what was the other question? COMMISSIONER SCHIFFER: That was it. MR. SCHOFIELD: Oh. COMMISSIONER SCHIFFER:- We've seen other places where it comes to a point. Other places it's a pure extension of the property line, but I'll go with what you say. MR. SCHOFIELD: Yeah. They -- I was -- I was instrumental in writing the repairing line laws rules -- excuse me -- for the county some years back, and it followed the state guidelines and they're different for dead-end canals. You know, those are 00 those are where you do the pie-shaped repairing lines. They come off to, like, wagon-wheel centers. And -- but basically even when a channel meanders, that you run a line through the thread of the channel; and wherever that line is, you usually northerly would go perpendicular to the shoreline out to there, And it's just to give everybody a fair piece of access to their property. Thank you, CHAIRMAN STRAIN: Mr. Adelstein. COMMISSIONER ADELSTEIN: Yeah. I have a question I think you can help me with. On your page 2 map, the numbers joining the footages of depths is not in the same order or the same size as all the other ones. So there's no way I could judge where that actually came. Or if you're going to send one like Page 6 16~1 ~ December 1, 2005 this, at least show us on it where your dock is actually starting. Going through your -- your map areas, you see these are smaller -- the regular ones and, therefore, we 00 I can't judge where the distance comes out on the one that shows you the footage -- footage depth. I'm assuming you're correct, but I 00 it would make it a lot easier for us, at least for me. MR. CUNNINGHAM: Are -- are you talking about the water depths on the survey-- COMMISSIONER ADELSTEIN: Yes. MR. CUNNINGHAM: 00 as according to the ones that are on the drawings? COMMISSIONER ADELSTEIN: Right. Because there is none on the drawing itself. MR. CUNNINGHAM: Those -- those are all points from the surveyor and we take those and we just make contour lines to make it easier for the drawings, COMMISSIONER ADELSTEIN: But, again, I understand this, but couldn't it also show me where the dock is going to be? That doesn't give me the answers either if you -- if you look at the scale on the survey. MR. SCHOFIELD: Yeah, A lot of times, yeah, I understand what you're saying. You want to see -- you'd like to see the dock layout on the actual survey. COMMISSIONER ADELSTEIN: Yes, MR. SCHOFIELD: And a lot of times the water depths 00 a lot oftimes we -- we do include that. Sometimes it gets so jumbled up and it's too much information on one sheet. But if we were to blow up on this, I understand what you're saying, COMMISSIONER ADELSTEIN: But it's a different size-- MR. SCHOFIELD: Yeah. COMMISSIONER ADELSTEIN: -- and I can't judge it. I assnme it's correct. MR. SCHOFIELD: Yes. COMMISSIONER ADELSTEIN: But I would rather be able to know it's correct. MR, SCHOFIELD: The way -- the way -- the way these -- the way this is generated it's on AutoCad that's taken. The survey is on the computer. That's transferred to an 8 II2 by I I drawing with the dock on it, but I understand what you're saying. It would make it a little more clear, but the drawing is correct. COMMISSIONER ADELSTEIN: Thank you. CHAIRMAN STRAIN: Okay. Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Hearing none. Staff report, please. MS. ERNST: For the record I'm Joyce Ernst from Zoning and Land Development Review. And similar boat dock extensions like this have been granted to other properties in Southport. As you can see and as pointed out by the applicant, the property to the north is actually on the other side of San Mateo Drive and that extends out 47 feet into the waterway. The property to the south is under -- under construction right now. About a year ago he got -- you approved a boat dock extension for that dock to extend 77 feet into the waterway. And most of the properties up in Southport all seem to have this mangrove that skirt the shoreline. This proposed boat dock is centrally located along the property line and, therefore, we don't see where it's going to obstruct the view of neighboring properties or obstruct the use of their docks. I have not received any comments whatsoever for or against this petition. It complies with all the criteria of the Land Development Code; therefore, staff recommends approval. Any questions? CHAIRMAN STRAIN: Are there any questions of staff? Ms. Caron. Page 7 ~QeLJr 1, to05 COMMISSIONER CARON: How much of the mangrove area are they allowed to impact? MS. ERNST: Well, they have to get a state permit and that will dictate how much they can -- you know, any mangroves that can be removed, I -- I -- maybe the applicant might tell us if he's -- MR. CUNNINGHAM: State allows for a four-foot access walkway to come through the area and so that's what we have leading up to the boat dock. COMMISSIONER CARON: Okay. MR. CUNNINGHAM: That's the only mangrove impact we're proposing. CHAIRMAN STRAIN: Any other questions of staff? Thank you, Joyce. (No response.) CHAIRMAN STRAIN: We have had three pages handed out to each of us. We need a motion to have those amended to the record. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by Commissioner Tuff. All those in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye, CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay. Those documents will be admitted. Are there any public speakers, Ray? MR. BELLOWS: No registered speakers, CHAIRMAN STRAIN: We will close the public hearing and entertain a motion. COMMISSIONER ADELSTEIN: I move that we approve DB-AR-8280 subject to staff recommendations. COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by Commissioner Tuff. Is there any discussion? (No response.) CHAIRMAN STRAIN: Hearing none I'll call for the vote. All those in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye, CHAIRMAN STRAIN: Anybody opposed? (No response.) Page 8 1 ~ j 1 ~ecenTher 1 ~ 2005 CHAIRMAN STRAIN: Motion carries. Thank you. Next petition for today is Petition CU-2003-AR-4647, Mitchell D, House, James 00 represented by Donald J. Murray. This is a Jan's Tram issue. COMMISSIONER ADELSTEIN: Mr. Chairman -- CHAIRMAN STRAIN: All those wishing -- you want to make 00 let me get to disclosures, right? COMMISSIONER ADELSTEIN : Yes, please. CHAIRMAN STRAIN: All those wishing to testifY in this particular case, would you please raise your right hand to be sworn in. Ms. Ford, I'll let you, you're so good at this, go right ahead. (Speakers were duly sworn,) CHAIRMAN STRAIN: You know you've set a terrible precedent for those others that come in. Okay. Now, is there disclosures? (No response.) CHAIRMAN STRAIN: No disclosures. Mr. Adelstein, did you want to say something? COMMISSIONER ADELSTEIN: Yes, I did. It is my understanding from our discussion last meeting that the public hearing must be held at least one year -- within one year of the petition being heard by the County Planning Commission. It is my understanding that this petition had a -- this public hearing on this petition was November 25th of 2002. Has there been a later one? MR. MURRAY: I'm sorry. Has there been a later commission meeting? COMMISSIONER ADELSTEIN: Meeting from the owners -- ofthe owners. CHAIRMAN STRAIN: Neighborhood information? COMMISSIONER ADELSTEIN: Neighborhood information. MR. MURRAY: No, sir. There has not. CHAIRMAN STRAIN: And I guess that's a legal question then for the county attorney. COMMISSIONER ADELSTEIN: Well, we went through that. Last time I did it on the wrong pew, but at least it came to the situation that it had to be done within one year. MS. STUDENT -STIRLING: I am -- I was not aware that this issue was going to be brought up. If I might have just a little time to locate that section in the land code, I will do so. MR. BELLOWS: For the record, Ray Bellows. It is my understanding this petition was submitted prior to that LDC amendment requiring a neighborhood information meeting. COMMISSIONER ADELSTEIN: They've already done it in 2003. And in 2003 it was essential to be one year. I checked it out myself to 00 to 00 [hoped when we talked about it at the last meeting, somebody would have brought it -- brought it to the attention of the -- CHAIRMAN STRAIN: Okay. There's 00 the question needs to be addressed. If Ms. Student needs a few minutes to do it, I don't have any problem moving this to the agenda item after C. We'll actually do C next and then we'll do B after that. That might resolve the time frame and we're not losing any time in our process. Is that okay with you, Ms. Student? MS. STUDENT-STIRLING: Because I have another item here. Let me see how they fall. Okay, Yeah. Mine is D, so if you went ahead with C, that would give me time to -- thank you. CHAIRMAN STRAIN: Any objections from the commission to change that? (No response.) CHAIRMAN STRAIN: Okay. We'll go forward with Petition CU-2005-AR-7749 which is the Living Word Family Church represented by Laura Spurgeon of Johnson Engineering.eOkay. Are all those wishing to testifY on this particular matter, please rise. Raise your right hand to be sworn in by Ms. Ford. (Speakers were duly sworn.) Page 9 1 6 r 1- . December 1,2005 CHAIRMAN STRAIN: Thank you. Other disclosures. COMMISSIONER SCHIFFER: Mr. Chairman, I have one. I received an e-mail from Aaron Blair in which he noted that he'd be bringing elevations of the building today, CHAIRMAN STRAIN: Okay. And I also received an e-mail from Aaron Blair clarifYing a question I had about percentage ownership of the property that it wasn't listed in our application. And basically what that boils down to, there are several different owners of a nonprofit corporation, but there are no percentages. They're just officers. So other than that, we can move on then. Okay. MS. SPURGEON: Good morning. I'll put up a site location map. CHAIRMAN STRAIN: You'll have to state your name for the record. MS. SPURGEON: Yes. My name is Laura Spurgeon. I'm a senior planner with Johnson Engineering. I'm representing Living Word Family Church today. Also with me is Aaron Blair of the church, the project engineer and ecologist to answer any questions. This is a request for conditional use approval for a church in the A rural agricultural zoning district. The site is approximately 18 acres on the south side of Immokalee Road. It's approximately two miles east of the intersection oflmmokalee Road and County Road 951. The site is designated as rural fringe mixed use receiving lands in the future land use map. Receiving lands are considered the appropriate locations for development of community facilities including places of worship are permitted. The site sits close to two other church locations just to the west along Rivers Road. The conceptual site plan 00 which I'll put on the screen. That's the best we can see it -- the site plan was designed based on environmental conditions with an effort to concentrate the developed area where it already exists on adjoining sites so that connections could be made for potential off-site preserves in the future, Buffers are provided to screen the property from adjacent uses. There's a 15-foot Type B buffer running along the east and west property lines, And then the large preserve area to the north and the south of the property provides screening. The church facility includes a 25,000 square foot worship center with a capacity up to 500 seats, a two-story ministry building containing 10,000 square feet for offices and meeting rooms, And also the building heights will adhere to the 35-foot standard in the LDC. Access to the site is from a right-in right-out driveway along hnmokalee Road. Parking is provided in excess of the LDC requirements of three spaces per seven -- seven seats, The church's goal was to address any parking problems they might have and aimed at more one space per two seats. Over half of the spaces are grass in accordance with the LDC. The site contains 1.5 acres oflake for water management and approximately 6.9 acres are in preserves exceeding the native preservation requirement of 4.59 acres. The preserves were located according to staff recommendations and in compliance with the growth management plan. The site will initially be served by well and septic. And then county water and sewer lines are expected to go down hnmokalee Road in approximately 2008 and 2009, So we are laying the pipes to connect and tie into that system when it is live. The applicant also agreed to provide a well easement in accordance with request from utility staff. The proposed easement is at the southeast corner of the property to be dedicated during the SDP stage. The project complies with the growth management plan and the LDC ingress and egress are adequate. And the facility is designed to be compatible with surrounding uses. We have a favorable recommendation from the Environmental Advisory Committee, the staff. We agreed with all staff conditions in the staff report and we request your favorable recommendation as well. If you have any questions, we're here. CHAIRMAN STRAIN: Commissioner Murray. COMMISSIONER MURRAY: I have only one. The -- I noted on staff recommendations -- there Page 10 ~~eLll, 2t>05 are three in number -- and on Exhibit C -- and I can't tell whose exhibit that is -- there are only two. But you agreed -- you just indicated that you agreed with the staff recommendation, so the three would prevail; is that correct? MS. SPURGEON: Correct. I have three in the staff report that we received and the -- over the course of the week, we added a new stipulation about the well easement. COMMISSIONER MURRAY: So there's no question on that? Thank you. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: One question. The preserve requirement is met by the preserve to the north. Would they be able to ever remove the preserve to the south? MS. SPURGEON: No. We're showing those as preserves so they would carry conservation easements across them. COMMISSIONER SCHIFFER: Okay. And they'll be locked in. Okay. The other question is the lighting of the parking lot. Is there any limit to the height of those polls or MS. SPURGEON: I don't know. Lighting? Yeah. We would follow the LDC. I don't know the exact lighting that we expect to have there. It would just follow the LDC. We submit that during the SDP. CHAIRMAN STRAIN: Well, maybe we need to find out if there's a limitation in the LDC then. Because that's a good point. If your lights are too high and they don't protect the glare from the neighborhood that could potentially be around this facility, it would be something to consider now. So I guess when staff gets up, we can get that question answered. COMMISSIONER SCHIFFER: Okay. That's it. Thank you. CHAIRMAN STRAIN: Go ahead, Commissioner Caron. COMMISSIONER CARON: I have a question concerning a comment you made about off-site preserves in the future, MS. SPURGEON: I'll try to get an aerial up there, If you look at this aerial, what we did was try to center the built area in the center of the project so that leaving potential for connecting preserves if and when other sites do develop. We thought it was a more reasonable approach to allow for the future connections if they ever come about. COMMISSIONER CARON: All right. I see what you mean. Thank you. CHAIRMAN STRAIN: Any other questions of the applicant? Ifnot, I have a couple. When do you expect to open this facility up, what year? What part of what year, early or late, say, of what year? MS. SPURGEON: He's trying for as soon as possible and January '07 is a target date. CHAIRMAN STRAIN: Okay. Because that's going to factor into a question I'm going to have of transportation. I just wanted to know. Also your stipulations, you had mentioned that there's no day-care facility planned now or in the future. Do you have any problem with that being added as a stipulation? MS. SPURGEON: No, that's fine. CHAIRMAN STRAIN: Thank you. Hearing no other questions, we'll ask for county staff's presentation, please. Thank you, ma'am. MS, WILLIAMS: Good morning, Heidi Williams, zoning and land development review. That's a pretty thorough outline. I can just add that the site is in the rural fringe mixed use district on the future land use map and contained within the future land use element of the growth management plan. The EAC hearing heard the petition. Their concerns centered very much around the water on the site, the flow -- water flow in the area. They seemed to be satisfied by the answers the applicant provided. They were also concerned about pesticide use on the site. They were encouraged that -- by the fact that Page 11 1 {' , , )ib~l Q December 1, 2005 most of the site will be preserve in nature. They did vote unanimously to approve the petition. The Land Development Code requires the conditional use to be analyzed for compatibility with the area. Staff's review finds that this could be considered a compatible use for this area. The utilities department has requested a well-site easement. That is a stipulation that they've come to an agreement that it should be provided at the site development plan stage, and we will add that as an additional stipulation to the resolution. The answer to the height question about the lighting, I believe that's contained within the Land Development Code in the landscape requirements. There is a maximum height. They are required to be shielding away from neighbors so that the light shines down on the site and not on neighboring properties. So that factor -- lights should not be an impact to neighbors. With all that in mind and given the location, staff does recommend approval with the three conditions that were in the staff report; the addition of the well easement at the time of site development plan and Commissioner Strain's stipulation that day care not be a permitted use on the site, Did I answer any questions? CHAIRMAN STRAIN: That was pretty thorough yourself. Thank you, Heidi. Is there any questions from staff? COMMISSIONER CARON: Transportation. CHAIRMAN STRAIN: Oh, I'm going to get to transportation. Don's waiting to come up and answer a question I'm sure. Thank you. You beat us to our question so... Mr. Scott. MR. SCOTT: Don Scott, transportation planning. CHAIRMAN STRAIN: Good morning, Don. MR. SCOTT: Good morning. CHAIRMAN STRAIN: I know that we're under construction on hnmokalee Road. MR. SCOTT: Correct. CHAIRMAN STRAIN: And I know it's going to be done soon. I just want to make sure it's done within the time frame that they plan to get their CO and that's January of'07. MR. SCOTT: It's -- we're not done until the beginning probably, like, January, February of'08. Now, section-wise the east around Wilson will be done first, but this section, it might be '08. CHAIRMAN STRAIN: Okay, So what my concern is we've already got a bad situation out there because it's under construction. MR. SCOTT: Uh-huh. CHAIRMAN STRAIN: I don't know if it's a wise thing to add more to an already difficult situation until -- especially when we know it's going to be resolved fairly soon. So that's -- we're ongoing. I don't know how much support we have, I'm certainly going to ask the applicant what their opinions are about delaying their opening for another year so.., Thank you. COMMISSIONER MURRAY: May I-- CHAIRMAN STRAIN: Go ahead, Mr. Murray. COMMISSIONER MURRAY: Relative to that, perhaps this is more appropriate to Ms. Sugden (sic), but these meetings -- these church meetings, are they going to be during the weekday or the weekend, Saturday, Sunday? MS. SPURGEON: The church's primary services are Sunday. COMMISSIONER MURRAY: Yes. MS. SPURGEON: They have Wednesday services that they also like to schedule as well. COMMISSIONER MURRAY: In the morning? In the evening? MS. SPURGEON: Wednesday evening and Sunday morning, Page 12 1 Beller 1,-2005 COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Don, this church is planned for 500 seats. Why would the trip generation be figured on 206? It's page 2 of the traffic generation study and it's Sunday a.m., entering and exiting 206. MR. SCOTT: Okay. Those are actually trips. COMMISSIONER CARON: On Sunday, yeah. MR, SCOTT: Those are the trips. COMMISSIONER CARON: Trips in and out? MR, SCOTT: Right. But it's based on the -- COMMISSIONER CARON: But if you figure 00 MR. SCOTT: 00 it's based on the square foot. COMMISSIONER CARON: Understood but do you think it's 50 --less than 50 percent? MR, SCOTT: Well, one of the things, even if you look from the parking aspect is 00 what is it, a three to seven, So they're assuming a little more than two per car. COMMISSIONER MIDNEY: They might not get a full house every week too. CHAIRMAN STRAIN: Or they might. Okay. Are there any other questions ofMr. Scott? (No response.) CHAIRMAN STRAIN: Thank you, Don. Ms. Spurgeon, is that how you say your last name? MS. SPURGEON: Yes. CHAIRMAN STRAIN: Okay. Mr. Murray's question was a good one. If you are going to -- if you're intending to operate on Sunday during the day and Wednesday at night, would you have any problem stipulating that that's the only service times you'll utilize until Immokalee Road is completed between 951 and Wilson Boulevard? MS. SPURGEON: I'll let Aaron address what they want to do with -- at the church. CHAIRMAN STRAIN: I'm just going by what you already said so... MR, BLAIR: For the record, Aaron Blair. The stipulation -- in put that in place, that would limit us to, say, like this upcoming season we have a Christmas service which just happens to fall on Saturday or we have Thanksgiving service which happens to fall -- this happened to fall on Tuesday this week because of not having service on a Wednesday (0 allow for people time to travel to see their family members. CHAIRMAN STRAIN: Okay. I -- I wouldn't expect that that would be also okay because the traffic on the roadway would be lessened during those holidays. So the stipulation would be then to accept holidays, Sundays and Wednesday evening. Do you have a problem with that? MR. BLAIR: I still have a little bit of an issue with it only because occasionally probably two times a year we may have, say, a guest speaker that will come that 00 and we'll have church on Sunday, sometimes Sunday night and Monday night. Wen we normally never have church services during the day or early mornings during the week, so as far as traffic congestion the time that we have the most traffic is the time when most people are already at home. CHAIRMAN STRAIN: That's what I'm trying to limit your operations to so we don't further impact. Right now people getting in from Orange Tree are spending hours on a road system -- MR. BLAIR: Right. CHAIRMAN STRAIN: -- that is not finished. So until it's finished, I want to see that you're not going to impact any more than what you've said and it's going to be the off hours. Now, I'm not sure what that means as far as staff's meaning of what's acceptable. I was trying to narrow it down to what you guys had said you were going to do. You're expanding that as we speak. So now you're into Sundays, Page 13 /1 1; r "f;J J).bljl · December 1,2005 Wednesdays, holidays and Mondays. And-- MR. BLAIR: Well, that's not exactly what I said. I didn't say we had church on Mondays. I said there would be an occasional time, And I'm not saying it's Monday. I was just giving you an example. And -- and for me to agree to say that with our property you're going to lock us in and say, well, you can only operate on this time frame. That's -- that seems a bit unfair considering for the majority of the time as a church we do just meet on Sunday mornings and Wednesday nights. Our services don't start until seven o'clock on Wednesday. So as far as a problem with traffic, I just -- I -- I can't agree that we are causing that big of a problem. We're not a 10,000 seat facility. I would say a shopping center would bring more problems with irregular hours than -- than our facility. CHAIRMAN STRAIN: And I don't disagree with you. It's just that if you take ten of your facilities, you're a shopping center. Basically it adds up. MR. BLAIR: Right. I understand that. (M ultiple speakers.) CHAIRMAN STRAIN: Commissioner Adelstein. COMMISSIONER ADELSTEIN: Do you understand that they're only talking about this until hnmokalee Road is finished? MR, BLAIR: Right. I -- I do understand that, but I also -- COMMISSIONER ADELSTEIN: We're talking about one year. MR. BLAIR: I understand. COMMISSIONER ADELSTEIN: We're trying to give you the opportunity to do what you need; but you're going to have to understand that we can't go any further than what we're doing, because we've got to make sure the traffic works. MR. BLAIR: I fully understand. I'm not disagreeing with you. I just -- to say that we can only do Sunday and Wednesday would -- would hurt us in fact that we did have a special event which is very rare as far as a guest speaker so... COMMISSIONER ADELSTEIN: We're talking about one -- one extra year. So I would assume it would be a good idea -- MR. BLAIR: Yes. COMMISSIONER ADELSTEIN: 00 to try to work it out. MR. BLAIR: I -- I agree. CHAIRMAN STRAIN: I think [have language that we can basically -- you want to limit -- we can limit your operations to evenings, weekends and holidays until 846 is completed between 95 I and Wilson. MR. BLAIR: That's fine. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: And those operations you're referring to are the church service. Obviously there's office and counseling and stuff that would happen. CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: Okay. COMMISSIONER MURRAY: Now, realize what you just agreed to because you used the word Tuesday preceding a Thursday Thanksgiving and I think that would obviate that. That would take that away from you ifI'm not mistaken. MR. BLAIR: Well, if it's evenings, we're fine with it. Evenings are fine. COMMISSIONER MURRAY: That's okay. I just wanted you to be sure you understood that. MR. BLAIR: Yeah. I understand. That -- I mean, that's when we meet. We usually don't have during the day. Ifwe have anything during the day, like you said, it's our offices and that's it. So we don't Page 14 16 , 1 . December 1, 2005 have day-care services. CHAIRMAN STRAIN: Thank you. Any other questions? (No response,) CHAIRMAN STRAIN: Ray, are there any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. Then we'll close the public hearing and entertain a motion. MS. HERERRA: I have a comment. I'm -- I'm Laura Hererra. I'm an ecologist with Johnson Engineering and the project ecologist for the site. And I just wanted to make a comment for clarification for the record. I think it was a question that Commissioner Schiffer had asked about the preserves. Yes, they are going to be under conservation easement. But one thing that has come up that was not addressed during the EAC, there is a small portion of the preserve. Is it here? This is the back area. CHAIRMAN STRAIN: You'll need that hand mike, Miss, or we can't pick you up on the recording. MS. HERERRA: There's a small area called recreated preserve in the back portion ofthe property. And since the EAC met, although the well easement is going to be decided exactly at the time ofSDP, potentially that is where it will be going. We will still be in excess of the county's preservation requirements. We've met all county requirements in the one large preserve against Inunokalee Road. But right now with about a 2.5-acre preserve in the back portion of the property and that may be reduced to more like 2,3, Ijust wanted to clarifY that. Because it wasn't brought up during the EAC. So there maybe a slight change to that preserve in the back to accommodate the county's request for a well easement. CHAIRMAN STRAIN: Commissioner. COMMISSIONER SCHIFFER: And -- and my concern was since it is essentially extra preserve, that it be reduced to zero. So you're going to create plus or minus exactly what you show here; right? MS. HERERRA: That is correct. I just wanted -- I wanted it clarified for the record so, you know, that it did come in at SDP and we showed a small change back there for the well easement, that it didn't look like we were trying to significantly change the preserve. COMMISSIONER MURRAY: That's fine. CHAIRMAN STRAIN: Thank you. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Now, there's no other questions? (No response.) CHAIRMAN STRAIN: We'll close the public hearing and entertain a motion. COMMISSIONER ADELSTEIN: I -- I move that AR-7749 be forwarded to the Board of County Commissioners with recommendation for approval subject to the following 00 subject to staff recommendations and the recommendation of the County Planning Commission. COMMISSIONER SCHIFFER: Second. COMMISSIONER MURRAY: I'll second that. CHAIRMAN STRAIN: Seconded -- well, yeah, Commissioner Schiffer had the second before. COMMISSIONER MURRAY: Oh, fine. CHAIRMAN STRAIN: The motion was made by Commissioner Adelstein. Second by Commissioner Schiffer. Now discussion, Mr. Murray. COMMISSIONER SCHIFFER: And the conditions let me just add. There was a condition that there was no day care and there was a condition of operation. CHAIRMAN STRAIN: I'm going to read them. COMMISSIONER SCHIFFER: Okay. Page 15 , , F !. December 1,2005 1 c .u.b e CHAIRMAN STRAIN: We have the two staff recommendations and the third one that some of us may not have seen, and that one is the project must obtain an environmental resource permit from the South Florida Water Management District prior to issuance of any site plan approvals, I mean, that's code anyway. Number four would be there will be no day care allowed on the site. Number five, mand a well easement will be added pursuant to the Collier County's request. And, number six, the services and social activities will be limited to evenings, weekends and holidays until 846 is completed between 95 I and Wilson. I think that -- Mr. Schiffer? COMMISSIONER SCHIFFER: Just a comment. I mean, you worded that no day care will be allowed on the site. CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: Could we word that this 00 this is a conditional use, does not allow for day care. In the future there may be a need for day care. We wouldn't want somebody to read the record and make it appear as though it was prohibited on the site. It's just -- CHAIRMAN STRAIN: No day care will be allowed per this conditional use? COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Is that okay? COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: That's fine with me. Is that okay with everybody else? Are those stipulations still okay to the motion maker? COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Acceptable to the second? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Okay. Any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor signifY by saying aye. COMMISSIONER SCHIFFER: Aye, COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response,) CHAIRMAN STRAIN: Motion carries. Thank you. COMMISSIONER MURRAY: We have a conditional use. CHAIRMAN STRAIN: Yeah. We've got a conditional use sheet within our packet. It needs to be filled out and signed and then handed to the secretary. COMMISSIONER ADELSTEIN: (Inaudible) anymore, COMMISSIONER SCHIFFER: Well, can you get through? COMMISSIONER ADELSTEIN: I haven't got through yet. CHAIRMAN STRAIN: And everybody's gone for the next one. We had moved Item B to after C pending Ms. Student's comments. MS. STUDENT-STIRLING: Yes. For the record, Marjorie Student, assistant county attorney. In what I find in the land code and what we found also digitally in the land code says that (as read): Applicants requesting an -- rezone, code amendment or conditional use approval must conduct at least one Page 16 \Pelbll, 2005 neighborhood informational meeting after initial staff review and comment on the application and before the public hearing is scheduled with the Planning Commission. I didn't find any limitation in here about one year. I called Mr. White who has handled the land code amendments over time, and he pulled it up also and found no such limitation. CHAIRMAN STRAIN: Okay. COMMISSIONER ADELSTEIN: The only thing that bothered me is that we discussed this thing at our last meeting and the answer came up completely reversed. CHAIRMAN STRAIN: Well, we got a legal opinion now that 00 COMMISSIONER ADELSTEIN: Again-- CHAIRMAN STRAIN: -- we'll have to go forward. COMMISSIONER ADELSTEIN: I'm glad to get it straightened out because I'd like to get -- MS. STUDENT -STIRLING: In as I said, I discussed it with Mr. White, and we pulled it up. He pulled it up digitally. Mr. Bellows pulled it up digitally. And then I have the hard copy here as well in the code, and we didn't find any limitation in that section. CHAIRMAN STRAIN: Okay. Ray, did you have something you wanted to add in? MR. BELLOWS: Yeah. This issue came up on another petition that has been under review for a number of years, a particular petition that had a lot of environmental and transportation issues that dragged it out through the review process. The Board of County Commissioners had indicated that it was over a year since the neighborhood information meeting and they were asking if there was a requirement to do so, And at that time it was mentioned, that we were exploring that option oflooking at that, but right now there was no requirement for a neighborhood information meeting. COMMISSIONER ADELSTEIN: That's fine. I just want to get it clarified once and for all. MR. BELLOWS: Yeah. And that may have been discussed at the last meeting. That's maybe what you're recalling that we were exploring that option and not actually -- CHAIRMAN STRAIN: Well, it's much better to be safe than sorry. COMMISSIONER ADELSTEIN: That's right. CHAIRMAN STRAIN: Now, let's move into this hearing. It'll be on Petition CU-2003-AR-4647, Mitchell D. House represented by Donald J. Murray and the name of the project is lan's Tram. And I-- Ms. Ford, did we swear these -- did everybody get sworn in before we started? COMMISSIONER ADELSTEIN: No. CHAIRMAN STRAIN: No? Then if you'll all rise. Raise your right hand to be sworn in by Ms. Ford. (Speakers were duly sworn.) CHAIRMAN STRAIN: Okay. Disclosures. Any disclosures? (No response,) CHAIRMAN STRAIN: No disclosures. Okay. Applicant proceed, MR. MURRAY: Thank you. Good morning. I'm Don Murray, and I'm representing my client Mr. Mitch House, and with us today is Robert Andrea with Coastal Engineering, a planner and also Mr. Ray Bass, attorney, And I'll give you a brief presentation and recap what happened at the EAC; and then if you have questions at that time, we'll take questions. This project is located just west of State Road 29 and -- on US 4 I. Can you hear me? CHAIRMAN STRAIN: Uh-huh. MR. MURRAY: The project entrance is not very far. It's -- it's really abutting the rail right-of-way that runs parallel with 29. The property is part of a lease area that Mr. House leased from the Collier Corporation. And that lease area is larger than this area here, but a lot of the property's not being used for Page 17 1611 · December 1, 2005 anything. You can't see it. There's not any impact as a result of this project. When we went to the county __ and this has been over a couple years ago. It's been about three years ago 00 there didn't seem to be any major problem with what we wanted to do. The impact area was going to be limited to disturbed areas. There was going to be a tour bus operation or tram that would run down this existing logging road, There would be a pontoon boat or boats that would go up and down the finger canals. And they discussed the navigability of it. And, yes, they are wide enough for the pontoon boats without disturbing any mangroves or any vegetation. The same thing with the bus along the logging trail would come out, stop. People could look around. People could get back on the bus. They go back to where they started here at the base which would be by US 41. Okay. The petitioner wants to put about an 800-square foot office there. The operation would have tour guides, that would be their -- their base and they would operate. I don't remember the exact schedule, but it's not like every hour, but as demand, you know, when people come in. The buses are designed, I believe, for about 20 to 30 passengers and the pontoon boats for 30 passengers. Whether or not they have that many people at one time, nobody knows at this time; but still the impact is very minimal. The proposed project would also have educational aspects of it. They would obtain some information from the Colliers about the history of the property and the logging and agricultural uses and, I believe, the railroad as well. People would have a prepared educational forum that they would give on buses on -- on the pontoon boats as well. So in all it's a very almost passive recreational use or tourism use. The impact, like I said, is going to be limited. Let's see in can get this up here. Can you see that okay? CHAIRMAN STRAIN: Uh-huh. MR. MURRAY: All right. The impact will be limited basically to the area that you see right here with parking, with the office; and they'll have a dock which is going to be in an area that's already disturbed with cattails. And if there is any minor trimming of any mangroves, we -- we mentioned that will be done through state permits and state-approved mangrove trimmers. We presented this to the EAC. We had two meetings there. The first meeting there was some concerns about threatened flora. We agreed to have our subconsultants -- environmental subconsultants with Earth Balance go back out, do a survey of the species. One or two of the members of the EAC went out and met with them. They walked the property. They identified a couple of air plants on the trees that they were concerned about. They were the threatened species, I guess or rare. And we agreed to have those moved just to be on the safe side to make sure that there's no impact to them. CHAIRMAN STRAIN: You said members of the EAC? MR. MURRAY: Yes. CHAIRMAN STRAIN: Members pleural? Was this a notified public meeting? MR. MURRAY: There were two meetings, separate occasions and-- CHAIRMAN STRAIN: Okay. So on their own? MR. MURRAY: Yes, on their own they went out. CHAIRMAN STRAIN: One at a time? MR. MURRAY: Yes. CHAIRMAN STRAIN: Thank you. MR. MURRAY: Okay. Sorry. I wasn't on site. The consultants were. Okay. So anyway, where we were? So we also had a video filmed. Our subconsuItants did a video showing the trail. I believe you probably had access to that. It was made available. You didn't? Okay. Well, there is one if you would like a copy. County staff I believe had a copy of that as well. The -- so the EAC reviewed it. They agreed to recommend approval with some conditions, some stipulations. We agreed to all of those stipulations. Then with the petition that's before you today, there's also some additional conditions with staff. We Page 1 8 !e~Jbll, 2M5 agreed to everything. We -- we've agreed to everything. Wen except for the permanent conservation easement requirement. Nobody has a problem with the conservation easement. What they would prefer that it run with the leased property because the owners would -- the way I understand it, would not like to be bound to a permanent easement running with the title of the property, The property in itself is considered conservation-type property. It's severely limited under the area of critical state concern. So this type of use that would seem to be a very minor thing. If you really consider the actual impact of the property, you're talking about, what, maybe a fifth or two-thirds -- excuse me, a third of an acre. Yet because of the requirements of having to include the road, the canal area, the mangroves and all this as project impact area, we've had to enlarge the area. And that was one of the reasons for the delays in the beginning of getting here: going back and forth on what was appropriate, the entire lease area or the area around the road, the area around the mangrove or the area around just the project site, So that's where we've come up with this 142 acres. On the previous aerial here as you can see that's the 142 acres. So based on that, they're asking for 19 acres of conservation area and a permanent easement. And we -- we can't do it. It's taken us three years to get here. We asked staff several occasions to forward this to you to get it on schedule and get it to the board, Another story for another day. But we would really appreciate considering this petition and making a recommendation on it today and get us to the board. CHAIRMAN STRAIN: All right. Thank you. Commissioner Schiffer. COMMISSIONER SCHIFFER: Yeah. I like the project except one big problem, the parking. There's six parking spaces plus one handicapped space, yet the application's asking for essentially up to 120 seats of use. You have tour guides, How will people park at this site? MR. MURRAY: Okay. The 00 just a second. The project site probably won't have -- and 00 and Mr. House could probably speak a little bit more to the attendance of these types of facilities. But because of the 00 you buy the buses and you buy the boats with a certain attendance. And there might be special occasions where people are brought in on a bus or other vehicles to take part on the tour. Based on -- COMMISSIONER SCHIFFER: But you don't have -- you don't have parking for those kind of vehicles. MR. MURRAY: Well, the impact's probably going to be low, the actual parking area. Yes. And the -- if there is -- for overflow parking, and this was discussed before, there's an area along the road along in here (indicating). And I forgot to mention, this is the county's solid waste transfer station here at Camestown. But there's adequate parking along the area that's already disturbed on this road. COMMISSIONER CARON: The logging trail itself? MR. MURRAY: Yes. Yes. From -- from the project site up toward and around the Camestown station area. CHAIRMAN STRAIN: Now, has that been accepted by staff as an adequate parking area? MR. MURRAY: When we had conversations back -- CHAIRMAN STRAIN: Is it in your 00 MR. MURRAY: -- earlier in the year that 00 that was adequate, COMMISSIONER SCHIFFER: The data you provide shows that as a 12-foot wide -- wide logging road. So you put parallel cars parked on it. First of all, we have to have turnarounds at the end and other things. How would even the tour bus get by it? MR. MURRAY: I -- I believe there was going to be a turnaround provided, but there's -- it -- the average width of that road, the pavement is 12 feet. And I'm not 00 I don't have all the details on the exact part. We were going to cover that in the site plan stage when that's submitted. COMMISSIONER SCHIFFER: Well, I mean, I think if you do want to provide parking further into the site, you should be showing it to us. Page 19 1611 · December 1, 2005 MR. HOUSE: Could I have a moment, please? CHAIRMAN STRAIN: Sure. MR. HOUSE: My name's Mitch House, Jan's Tram. The first part of the road that we're speaking about with the parking -- the impervious parking, the others -- there's just a few spaces there. Instead of paving over the whole road going up to the transfer station, which is approximately 65 feet wide, 60, 65 feet wide, what part Don was talking about, quarter mile, a little more than a quarter mile, there's plenty of parking space there. We left that as an impervious parking area to pull up on the side of the road there and you can park instead of paving everything. A big concern with the county in the past has been impervious parking. If you cover everything up with asphalt, you have no drainage. You have no grease and oils to transfer and filter back down through the roads. So the main road going into the transfer station first quarter of a mile is approximately 60 feet wide. There's also up at the top end is a big turnaround area just before you get to the transfer station. This is a road which has been given an easement to the county by the Colliers. COMMISSIONER SCHIFFER: But 00 but one thing is you could have shown us that. The prior application with the church had quite a bit of impervious parking. They weren't shy about it. MR. HOUSE: I'm sorry. I -- things were just gotten changed around so many times in the last, I guess three years with everything going back and forth that it got missed -- left out. My mistake. COMMISSIONER MURRAY: Following up on, though, these questions, I hear him. The -- how many buses do you intend to have, two buses and they'll accommodate more than 30 people is what I understand. You're not going to actually use any tram, just buses; correct? MR. MURRAY: Yes. COMMISSIONER MURRAY: And -- and how many pontoon boats? MR. HOUSE: Two. COMMISSIONER MURRAY: Two. And they would accommodate how many per boat; twelve? MR. MURRAY: Twenty-five to thirty each, COMMISSIONER MURRAY: Really, that many? MR, HOUSE: I mean, it's not all spaces used. On a boat, you don't want to pack it full. COMMISSIONER MURRAY: No, you don't. MR. HOUSE: You -- you got to leave space. COMMISSIONER MURRAY: Okay. So I had very similar questions and -- and I'm not resolved in my mind especially when you're talking about using a transfer station. That's not an active transfer station? MR. HOUSE: That is. But the road leading into that transfer station is owned by the Colliers not by the Collier County. COMMISSIONER MURRAY: Yes. But there's an easement on it, is there not? MR. HOUSE: There's an easement there for ingress and egress when it's open. COMMISSIONER MURRAY: Which I would think takes priority over the ownership rights. You lose some of those rights if you've given an easement over. So I'm -- I'm not clear. Unless you have some document which suggests or states that the trespass, if you will, is acceptable to the county and I don't see that in the packet. CHAIRMAN STRAIN: Okay. Just is there any other questions before I get into mine? (No response.) CHAIRMAN STRAIN: Is there a -- one time, one at a time. You guys got more to present or you want to hear questions? MR. BASS: Well, my name's Ray Bass. I represent Mr. House. CHAIRMAN STRAIN: Have you been sworn in, Mr. Bass? Page 20 te9mlJl,2005 MR. BASS: No. I'm just going to respond to the legal question that has been posed, but I -- I can take an oath about my opinion. CHAIRMAN STRAIN: Ms. Ford, would you swear Mr. 00 (Speaker was duly sworn.) MR. BASS: There is no possibility of any trespass there. Now, you cannot trespass on an easement. There is something in the law known as an overburden in use. But if someone has an easement over my property, I own the property. It's called the servient tenement. The ease -- the person who holds the easement is the dominant tenement. And they only dominate over the -- over the -- we'll call it the landowner, if you will. They'll dominate over that for the purposes ofthe use of the easement only and no other purpose. So there's no possibility of any trespass, It's a co-extensive use. COMMISSIONER MURRAY: I appreciate that clarification. My 00 my understanding, and maybe you can correct me on this, understood that now that's -- that's owned by the Colliers that particular parcel ofland? MR. BASS: That is correct. And they granted the county the easement. COMMISSIONER MURRAY: They granted the county the easement. And did they -- are they intending to grant -- by virtue ofthis leasehold are they intending to grant Jan's Trams an easement on that same parcel? MR. BASS: The Collier -- the county does not have to grant Jan's Tram. COMMISSIONER MURRAY: No. No. No. The Colliers. MR. BASS: The -- the -- the easement runs with the property. COMMISSIONER MURRAY: With the -- so, in other words, there's no easement effectively. The leasehold is the leasehold. MR. BASS: Yeah. And they take it subject to any prior -- prior -- prior leaseholds or other legal interests. COMMISSIONER MURRAY: Okay. And I'm glad you clarified that for me, but whether I used the right legal term or not, my question: If it's an active operation and you have vehicles parked there plus buses, I'm just trying to figure out arithmetically where it all fits. MR. BASS: Sure. And I can tell you this that Mr. House's operation could not impede the use of the county's right to get to and from the trams. COMMISSIONER MURRAY: That's where I was going, and I was trying to understand where -- where if the assertion is we're going to put a number of vehicles plus buses, how does that work? MR. BASS: Then the -- then the county -- I'm sure if I were the county, [ would say to the -- to Mr. House, Hey, you got to get your stuff out of the way here so we can come to and from and that's the way it works. COMMISSIONER MURRAY: Which -- which brings us to the question that's the fallback which is almost immediate in my mind. Okay, Thank you. MR. BASS: Well, that's just a dispute among -- among people who have access to a property. It's a potential dispute, but you have that everywhere. I mean, that's like -- that's like saying who has the right to park on the swale area of a road when, you know, the county has a road right-of-way. But, you know, does the county control that or just have use of it? We get into these things all the time and they rarely blow up into being big problems, very rarely. COMMISSIONER MURRAY: I certainly hope not, but I hope they don't put the name Murray associated with it, we agree to it. CHAIRMAN STRAIN: Okay. COMMISSIONER MIDNEY: Mark, Page 21 ... \eglbll, 2~05 CHAIRMAN STRAIN: I'm sorry. Mr. Midney. COMMISSIONER MIDNEY: Yeah. I remember that during the rural fringe hearings, I believe the area -- part of the area around the intersection of State Road 29 and US 4 I was originally proposed to be sending lands but that the landowner withdrew that. And is it the same landowner who did that who is involved in this proceeding now? MR. MURRAY: I'm sorry. I don't have an answer for that. Maybe staff would remember that. COMMISSIONER MIDNEY: Ray, do you remember anything like that? MR. BELLOWS: No. COMMISSIONER MIDNEY: All right. Well, a second question that I have since the land use regulation limits this use of the property so much, why is the landowner unwilling to grant a permanent conservation easement on part of the land. MR. BASS: Let me address that. Again, Ray Bass for the record. Frankly, they'd be fools to. And that's exactly the words I used to the 00 to the EAC. Collier County would be -- I mean, Collier Corporation would be fools to do that. I mean, why would they do that? They've leased this property. It's a -- it's an existing lease. It's been in -- in effect for some time. They leased this property to Mr. House for the purposes of 00 well, for whatever purpose he had in mind, but what it's been used for in the past is, like, hunting and things like that. And so what does -- what does the Collier Corporation get out of it? Nothing. They would get nothing for granting -- for giving away property, property rights, very serious property rights. They get nothing for that. So why would they do that? You know, we have agreed to grant a permanent conservation easement within our leasehold interest and that's all Mr, House has is a leasehold interest. He has a lease on the property. When the lease expires, the permanent conservation easement would expire as well. It would 00 they would all expire at the same time, Then you just revert back to the owners' right which are already impacted by very, very serious restrictions in the first place. So why would the Collier Corporation do that or whichever, Barron Collier, whichever one it is, why would they do that? There would be no reason for them to do that and that's why. CHAIRMAN STRAIN: Except what reason would they need? MR. BASS: I'm sorry, sir? CHAIRMAN STRAIN: What kind of a reason would they need to do that? MR. BASS: Well, I asked the county how much they were willing to pay the -- the landowner for that and they said nothing, CHAIRMAN STRAIN: No. But ifMr. House wanted to buy the land so he could dedicate the easement, would they be willing to sell it to him? MR. BASS: I don't think he has that much money frankly. CHAIRMAN STRAIN: But there is a number that it could be done? It's just a matter of that it's being structured? MR. BASS: Well, yeah. I understand, You're probably right, Mr. Strain, but it would not make economic sense for him to do that. He's not going to make that kind of money with his operation. CHAIRMAN STRAIN: I understand that. MR. BASS: There would be no -- no sense in doing that. CHAIRMAN STRAIN: I agree. COMMISSIONER MURRAY: You -- you mentioned, I don't know how familiar you are, sir, with the -- with the other particulars, but you mentioned that he already leases this property. MR. BASS: Correct. COMMISSIONER MURRAY: And he has, as I heard you say, hunting rights or such. Page 22 1 ~ j , ~celer 1,-2005 MR. BASS: Well, yeah, he's been -- has been using it for hunting purposes. COMMISSIONER MURRAY: Does he intend to continue those uses? MR. BASS: Well, that would be -- not be a consistent use with what he's planning on doing now. COMMISSIONER MURRAY: Okay. Thank you. MR. BASS: Yeah, I mean, this is a much less intensive use, frankly. COMMISSIONER MURRAY: Yes. Yeah. MR. BASS: And a lot of people don't realize that. But, I mean, you know, I could be taking swamp buggies out there. You're not going to be taking air boats out there and running around. This is 00 this is a less intensive use 00 COMMISSIONER MURRAY: Okay. MR. BASS: -- from an environmental impact standpoint. CHAIRMAN STRAIN: Okay. I have a few questions. Is there any other questions of the Planning Commission? Mr. Murray. COMMISSIONER MURRAY: No. CHAIRMAN STRAIN: You're Don Murray. COMMISSIONER MURRAY: That Murray. CHAIRMAN STRAIN: Sorry. In your environmental impact statement, there is a paragraph on page 6 that says, No impervious surfaces will be created 00 no new impervious surfaces will be created. Is that true? MR. MURRAY: Other than what was proposed for the -- the office and the existing impacted area that we -- we discussed earlier. The road will 00 that was supposed to relate to the road, no additional impervious surface. The road is going to be left the way it is basically. So that's in more of a natural state and population and so forth. CHAIRMAN STRAIN: You had mentioned repeatedly and, I think, Mr. Bass did too that it took you three hours -- three years to get through the system. My records show your first submittal was on August 27th of '03 so it's about two and a half years or actually just over two years? MR. MURRAY: It actually started 00 yeah. It started a little bit before that, but the 00 I believe the first actual submittal was then. CHAIRMAN STRAIN: Yeah. Your term of your lease, it's a five-year lease. And my records show it was a 00 started on July 1st of'02; is that correct. MR, MURRAY: I'm sorry. Would you repeat that question? CHAIRMAN STRAIN: Your lease, you have a five-year lease that indicates that it started on 7/1I02? MR. BASS: Yeah, Mr. Strain, it's a five-year lease with rights of renewal for five years. CHAIRMAN STRAIN: Okay. So your intention is to renew it if you get approved here today? MR, BASS: That is correct. CHAIRMAN STRAIN: Will you be renewing the full ten -- a little over 1,000 acres or just the 142 or -- MR. BASS: The whole amount. It's just for the whole lease amount. CHAIRMAN STRAIN: Okay. The rest is for staff. Thank you. Any other questions? (No response.) CHAIRMAN STRAIN: Hearing none. Staff report. Thank you. MS. WILLIAMS: Good morning. Heidi Williams, zoning and land development review. This petition does have a lengthy history. There have been a lot of back and forth and a lot of really important issues that have been discussed between the staff and the applicant. Page 23 l~cL~r 1, 2005 We originally were scheduled to come before the Planning Commission in September. That original hearing date was postponed based on the Environmental Advisory Council requesting a continuation of their meeting. So we continued based on that request to October 20th. That meeting, of course, was cancelled due to the impending Hurricane Wilma, We readvertised for November 17th. And then the applicant requested a continuance to today's hearing so that his legal counsel could be present. Regarding the EAC, they did have a lot of concern and, rightly so, for this particular site. It is over 1,000 acres that is the leased area. We have been able to bring it down to a narrowed scope for review basically to aid the applicant with their -- the fees that are required for the review. Those are based on acreage. The overall impact area was determined to be over 14 acres. Because the site is in the area of critical state concern, only 10 percent of a site may be impacted. And so the 14 acres is considered the 10 percent. We calculated that it is just over 142 acres as the total site area. We were then provided with a metes and bounds legal description that -- that describes that 142 acres. One of the staff reports you received indicated that we did not have a legal description to put into the resolution. That has been provided so that that staff concern has been resolved. To clarifY the video that the applicant's environnlental consultant provided to staff, we were not aware -- I personally was not aware of that. Apparently that was provided to Bill Lorens who is the director of environmental services division. I apologize that that was not made -- brought to your attention. I'm sure that we could still provide it if you so choose. There are many stipulations associated with this petition. The Land Development Code has a number that are required. Those are based -- they are specific to the use requested of the ecotour in the conservation district. If! can refer you to the conditions that are listed as Exhibit D. You'll note there's quite a list. Numbers I through 8 are directly from the Land Development Code. The one that that regards the vehicles, those reflect the vehicles that the applicant owns. And tying into the question about the parking requirement, the conceptual site plan was reviewed prior to knowledge of what vehicles were requested by the applicant. It was an open-ended thing that the board is supposed to decide what type of vehicles, the number that would be appropriate for the site. So staff left that as an open-ended question to be resolved by the board. It was then narrowed down in front of -- I believe it was the Environmental Advisory Council what specific vehicles would be used. Those were then inserted as the stipulation so that they could be used as a starting point for the board to determine if those were appropriate. So the conceptual site plan was -- was reviewed. The parking was deemed adequate, but it was without knowledge of the vehicles at the time. So I through 8 are -- are Land Development Code requirements. Nine through fifteen were added by the Environmental Advisory Council as stipulations of their approval. And then No. 16 regards the permanent conservation easement that is at staff's request. And I would just note that staff's request is to uphold the growth management plan, The area of critical state concern is -- is a very environmentally sensitive area. We don't disagree that this use is 00 is an appropriate one to bring people to see a natural part of our county. But it is -- staff feels very clear in the growth management plan that a permanent conservation easement must be provided. And so we've included that as a stipulation. Regarding the time frames, the conditional use would not expire. You had asked about the lease and the renewal and the, you know, applicant's request is that the permanent conservation easement be permanent with the lease. A conditional use is a zoning action. The zoning on the land is not -- is not removed if ownership changes. The conditional use could expire if the use ceases, but that's a little harder to determine when you're talking about leases and ownership. So with all of these considerations, the staff recommendation does remain for denial. I would be happy to answer any questions you have. Page 24 , 1 ~ectler 1,&2005 CHAIRMAN STRAIN: Mr. Tuff. COMMISSIONER TUFF: Yes, I just know that in another area of the community that a permit-- a use was granted, and it was to a specific owner for a use that was on Golden Gate Parkway where there's a car lot there. And that use went away when that owner ceased to exist on that. And you just said that that can't be done and I was curious on that. MS. WILLIAMS: Well, I'm not familiar with that particular case, but the conditional use 00 this particular conditional use is a zoning action. It would be close -- placed on the zoning Atlas map with a reference to the action that was taken as an approved item. It carries on with the land, not with the owner. And, I'm sorry, I'm not aware of that particular instance. MS. STUDENT-STIRLING: I can -- I can-- CHAIRMAN STRAIN: Marjorie. MS. STUDENT-STIRLING: Marjorie Student-Stirling, assistant county attorney for the record. I'm not familiar with that particular one either there. The county has many, many conditional uses. But there are times when the board as a condition has put time limits on a particular conditional use and that may be what happened where there was a time limit, and they didn't come back in and ask to extend it or anything like that. And then also if the -- staffis correct that if the use ceases for a time, then the conditional use by operation of the code ceases but only if the use ceases for a certain amount of time. CHAIRMAN STRAIN: Commissioner Schiffer. COMMISSIONER SCHIFFER: Yeah. And, Heidi, it's the parking issue. You said that staff looked at this and 00 and what parking were you providing for with these essentially seven spaces, because remember we have boats and we have buses, There's two drivers. Let's assume they're the guides. There's two cars. MS. WILLIAMS: I believe -- and I was not the original planner on this 00 but I believe it was reviewed based on the office space, And I certainly understand your concern that -- that there is an unknown number of people that would come to this site. My only response could be that that -- the site plan provided is a conceptual site plan. If it's determined at the site development plan stage should this be approved, we would re-evaluate the parking standards and it would have to meet current code. And I think those considerations would definitely need to be addressed. CHAIRMAN STRAIN: Well, that's almost like saying this isn't going to work. Because they're saying in your stipulation there'd be 120 would potentially use them -- the four vehicles. And what Brad's trying to say is there's no way this site's going to accommodate that parking, so this is kind of a useless exercise we seem to be going through here today. MS. WILLIAMS: Well, [think 00 CHAIRMAN STRAIN: I don't mean to interrupt, Brad, and I'm sorry. COMMISSIONER SCHIFFER: No. No, And even -- let's take his solution that we park down alongside the road. First of all, that would be one-way parking and parallel parking at best. The road's not wide enough for perpendicular parking. I think with the information we've been given -- and I think if you do intend to say that it's going to be solved, you give us more information. The information we've been given, it would clog the road up to begin with. COMMISSIONER MURRAY: Absolutely. COMMISSIONER SCHIFFER: If, in fact, they park parallel, that means they'd be backing out. There's no turnaround at the bottom. So here we have cars backing out onto 4 I or worse case people could pull in. There's no parking and they're parking along 41. So I think that the parking to me is a fatal problem unless they can show us that -- you know, there's no -- like Mark said, there's no reason to get into the technicalities if they can't provide the parking for the use. Page 25 1611 · December 1, 2005 MS. WILLIAMS: And, again, those vehicles happen to be the ones owned by the applicant at this time. If you think this is an appropriate use and would want to recommend approval, you could certainly revise the vehicles that are being approved to come more in line with what you think this site could handle, COMMISSIONER SCHIFFER: Well, what do you think 00 as a planner, what would be the parking requirement for this kind of use? MS. WILLIAMS: I'd have to refer to the Land Development Code. I know that we would have to account for not only the office space, but the people using the site. COMMISSIONER SCHIFFER: Well, let's do it the simple-- MS. WILLIAMS: I'm not sure what the code -- COMMISSIONER SCHIFFER: Let's do it. There's a guy in the office, two people, one driving a boat, one driving a car, three spaces, Don't you agree? CHAIRMAN STRAIN: Well, there's four boats so... COMMISSIONER SCHIFFER: Well, we were eliminating the boats, That means there's four spaces left over. Let's -- let's fill the cars up. Four, that means we're 16 people, 16 seats and spread them out how you want to do it, it may not work. MS. WILLIAMS: Did you want to explain? MR. MURRAY: Yeah. I'm sorry. Don Murray here. No more than one bus or pontoon boat is supposed to be used at anyone time. You have one in case you have -- for a number of things. In case one breaks down, you have another one. Also there's enough space for diagonal parking up and down that road to accommodate many cars. COMMISSIONER SCHIFFER: That's one-way parking. So the person -- where's he going to go to turn around and come back? You haven't shown us any turnaround. MR. MURRAY: If they park in -- even at a diagonal, they should be able to -- to do a U-turn. And there's the Carnestown Station area there which is not very far away. They can also turn around in front of that and come back. But we don't expect that many vehicles anyway. As well, the owner operates an air boat tour operation just down the road not very far away, and there's a possibility of overflow parking there as well as with a walking shuttle, COMMISSIONER SCHIFFER: You mean down 4 I? MR. MURRAY: No. As well people being shuttled. That can be done. COMMISSIONER SCHIFFER: Since you're brainstorming this, obviously, it's an issue I think you probably should have had resolved before you got here. I know you've been -- you've had a lot oftime working -- MR. MURRAY: Well, it's gone back and forth as to what exactly it's going to be with staff and that started a long time ago. But typically, and I'm sure the owner can speak to this a little bit better, it doesn't get too crowded. I mean, this is not a -- like, within an urban area. People drive down the road. They decide they want to go on a tour. So you may have a bus going down the road and it may have four people on it, five people. So it's not that we're planning on filling up 60 people on the buses and 60 people on the -- on the boats at one time. Plus they -- COMMISSIONER SCHIFFER: I can't imagine -- MR. BASS: And just one other point, it's 60 feet wide at the minimum for a quarter of a mile. COMMISSIONER SCHIFFER: We have no documents. CHAIRMAN STRAIN: We got going with the staff report, and now we're back to the applicant's report. I'd like to get finished with the staff's report and then we can go back and ask questions resulting from that. COMMISSIONER SCHIFFER: Then let me ask Heidi that question. Heidi, they're presenting testimony that there's 60-foot wide of -- of area in which they could park. Is that true? Do we know that? Page 26 lr~~l-: December 1, 2005 MS. WILLIAMS: I think that it is that wide, but our environmental reviewer has indicated she's -- she's visited the site and feels that that may be a very restricted area. She doesn't seem that that will work. COMMISSIONER SCHIFFER: Look at the overhead photo on the thing. The widest part, the white I'm assuming is the crushed stone road probably, the white is part -- is the part that's down here where he can barely fit the parking and the drive-through lane. So essentially we'd have to assume that would be given to us, which is a 12- foot road is about what that aerial reflects. MS. WILLIAMS: I believe it's wider than -- I -- I think it's about 12 feet. If you proceed to the northeast and then the part that turns to the west, that trail, that will be the actual tour trail is about that wide. It is wider toward the entrance. It is used for that 00 for the Carnestown Transfer Station. So I -- it is a traveled road, but I don't know the specific widths. COMMISSIONER SCHIFFER: Okay. The other question on the road is that while the attorney testified that it is an easement, don't you think those that are using the easement should sign off on whether we should fill that road up with parking? MS. WILLIAMS: I'd have to maybe refer to our legal counsel. I'm-- COMMISSIONER MURRAY: That would seem to me so... MS, WILLIAMS: -- not an expert on the easement. MS. STUDENT-STIRLING: Well, I guess the only question I would have about that, it's essentially is a private matter between the two parties, but whether or not that would be an overburdening of the easement. CHAIRMAN STRAIN: Have you read the easement, Marjorie? It's Mark. COMMISSIONER SCHIFFER: He's talking, CHAIRMAN STRAIN: Hi. Have you read the easement? MS. STUDENT-STIRLING: No, I haven't read the easement. CHAIRMAN STRAIN: Okay, So you don't know the legal ramifications to the easement then because the language could be specific to certain requirements per exit. MS. STUDENT-STIRLING: That's correct. CHAIRMAN STRAIN: Okay. Is the easement available for anybody to read? MS. STUDENT-STIRLING: It's in the public records of 00 CHAIRMAN STRAIN: Okay. And I guess no one thought it was necessary to read it before today's meeting. Okay. At the same time that easement has to be transversed. There was a comment in one of the conditions provided in the backup paperwork we have. (As read): In as much as the applicant will require permission from Collier County to transverse county property to operate its business, Mr. House is in negotiations with the county solid waste department and staff and the county attorney staff regarding various options. If it wasn't you and if you haven't read the easement -- MS. STUDENT -STIRLING: It would be our real estate department. CHAIRMAN STRAIN: Well, okay. Does the county attorneys' office have a different person that would have been representing this applicant or dealing with this applicant? MS. STUDENT-STIRLING: The County Attorneys' Office has a real estate department and an-- attorneys that handle the real estate aspects would be the ones involved in this. CHAIRMAN STRAIN: Okay. And are they here today to tell us ifthey worked this out with the applicant? MS. STUDENT-STIRLING: I can -- I can check with our -- the appropriate person. One of our legal -- or, excuse me, one of our real property people is out on maternity leave, but I can check with the remaining person to see. CHAIRMAN STRAIN: Commissioner Schiffer. Page 27 1 gc!mler 1, ;005 COMMISSIONER SCHIFFER: Yeah. And, Heidi, this is -- and this will be the last 00 when this went before the EAC, were they aware of the fact that 00 that in this case I think a lot of motor vehicles will be parking on impervious areas or were they only aware of the seven parking places shown? MS. WILLIAMS: I don't think that they discussed anything with parking, They discussed the fact that no new pavement would be provided. It would simply be the addition of the office. They were concerned that there would be no improvements to the logging road that's beyond the area where the office IS. COMMISSIONER SCHIFFER: So -- so there's nothing in -- MS. WILLIAMS: We really didn't discuss that. COMMISSIONER SCHIFFER: And there's nothing in this packet that would give anything that impression that they'd be parking along that road? MS. WILLIAMS: No. COMMISSIONER SCHIFFER: Okay. Thank you. MS. WILLIAMS: But I don't recall discussing that. MR. BELLOWS: For the record, Ray Bellows. The conditional use is subject to the conditional site plan or conceptual site plan attached and the parking requirement associated with that. The board 00 the Planning Commission and the board are going to be reviewing the conceptual site plan that's attached to their application. If they're only showing the parking provided here and not showing any additional parking, then they're not entitled to that as part of the conditional use approval and they would, therefore, if they needed that additional parking, have to come back again and amend their conditional use. CHAIRMAN STRAIN: Well, you know, Ray it's interesting. They're already said they're going to need it. They already said they're going to have -- MR. BELLOWS: They should have then addressed it prior to this meeting. CHAIRMAN STRAIN: Boy. So should have the easement. So should have the negotiations with the county. And so should the report from the county attorneys' office been here for this meeting. Heidi, do you have anymore you want to add? MS. WILLIAMS: I was actually asked to put into the record the stipulations. They were presented to the EAC and accepted by the EAC, but not transferred into the list of stipulations provided to you. There are six of them at the request of staff and accepted by the EAC. This conditional use an ST permit shall be consistent with the environmental sections of the Collier County Growth Management Plan conservation and coastal management elements and the Collier County Land Development Code at the time affinal SDP approval. An exotic vegetation removal monitoring and maintenance plan for the site shall be submitted to environmental services staff for review and approval prior to -- to SDP approval. Upon submittal of the SDP petition, copies will be sent to the U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission for their review and comment. They will be allowed 30 days to submit their letters of technical assistance to staff, Staff will use applicable stipulations from these agencies in their review and approval of the site development plan for this project. Wetland permitting as required by state and federal agencies shall be required prior to SDP approval. Any pruning of mangroves on site shall comply with the Florida Department of Environmental Protection's requirements. I believe that's further enhanced by the EAC's requested stipulation that a licensed mangrove trimmer be used. And the final one is the SD permit will -- I'm sorry -- is subject to a 45-day appeal period by the Florida Department of Community Affairs. And I apologize for that oversight. COMMISSIONER SCHIFFER: And, Heidi, those would be 17 on, is that what you're saying, you've added to the list of 16 we already have? Page 28 1 6 r: "" ,1.~ i' 1 December 1, 2005 c:l MS. WILLIAMS: Yes. Those would be added to those. CHAIRMAN STRAIN: But isn't the first one you read consistent with No. 16 of yours? MS. WILLIAMS: My -- you know, the stipulation I have as No. 16 is regarding one specific aspect of the Growth Management Plan. It would be difficult to be consistent with the first one I read that requires consistency with the Growth Management Plan without also meeting the requirements of 16. Apparent-- you know, we're here today because the applicant feels that that is something that the Board of County Commissioners could interpret. CHAIRMAN STRAIN: Okay. But you've got the EAC then by the inclusion of an -- of an issue that the applicant has already said they cannot do basically is -- MS. WILLIAMS: Well, I believe the applicant says that they can be consistent by providing the type of easement they've proposed. Staff happens to disagree that that type of easement would qualifY to meet the requirements of the Growth Management Plan, So that's their interpretation. MS. STUDENT-STIRLING: If! may, as to the other issue, I've been unable to locate our real property person. And the issue -- I'm involved in the land use issues. And I've been quite aware of this issue as this petition has been making its way through the process. And the principle -- the statutory construction and the main principle is what is the intent of permanent conservation easement. And you have staff here to put on the record their interpretation and what they believe the intent was because they were intimately involved in the preparation of this language -- preparation and review of this language in the comprehensive plan, So we have environmental staff here to put on the record what their 00 their understanding of the intent is. And that is -- the cardinal principle of statutory construction is that the intent controls, CHAIRMAN STRAIN: Thank you. MS. MASON: Good morning. For the record, I'm Susan Mason with Environmental Services Department. And the intent and definition of permanent conservation easement is simply the plain language for permanent as in forever in perpetuity, not to end, not based on use or anything like that. It was intended to be permanent. CHAIRMAN STRAIN: Thank you. Are there any other questions? Mr. Midney. COMMISSIONER MIDNEY: Yeah. On that permanent and in perpetuity and all that, is that perhaps the intent being that usually when something is developed, they're putting permanent buildings, like, houses or, you know, something that would not go away. Whereas, this would be something that might go away since, you know, as the lawyer for the applicant was saying, they don't want to give a permanent easement because this use might go away after a certain amount of time and then they would be stuck having given away this permanent easement. MS. MASON: No, There wasn't any decision, sir. The change is based on use. Anything that happens on land could 00 is temporary in a geological sense. So subdivisions come and go especially in a county like this. So the permanent was meant to be permanent in all cases. COMMISSIONER MlDNEY: How would you respond to the assertion by the landowner's lawyer that the landowner would be a fool to grant a permanent conservation easement? MS. MASON: Well, I -- I would disagree with that. They are able to get tax breaks when a property is put under a permanent conservation easement. They also are not forced into leasing their land and allowing this conditional use to take place. It's been by their choice. And they've leased this, I would assume, for a profit. And it's been their -- their voluntary entrance into this contract. And part ofthe responsibility is that they provide a permanent conservation easement. COMMISSIONER MIDNEY: Given the restrictions that are already on this land, what rights would the landowner actually be relinquishing by doing the permanent conservation easement? MS. MASON: I don't really believe it would change much in terms of use. It is a -- relatively out Page 29 16 '1 December 1,2005 . of the thousand-plus-acre parcel, it would only be just over 19 acres, the area of critical state concern. And the vast majority of cases strictly limits what you can impact. It would -- if 00 if at some point they wanted to put the property into agricultural use, it could -- would limit that 20 acres from that. Whether or not this area would ever be used for agriculture I think is up to debate. COMMISSIONER MIDNEY: Is there anything else that would be taken away besides the right to farm it? MS. MASON: Not to my knowledge, no. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Okay. Are there any other questions of staff? COMMISSIONER SCHIFFER: Just one quick one. Heidi, and I'm trying to -- this would fall under the architectural standards. Is there any requirement -- and I'm trying to remember, I don't think there's any that would prohibit a vending machine to be visible from the street? MS. WILLIAMS: I don't believe that's addressed by the Land Development Code. COMMISSIONER SCHIFFER: So you'd be comfortable adding that condition that no vending machine could be visible from 41? MS WILLIAMS: That would be acceptable to staff. I'd have to also make sure that's acceptable to the applicant. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Are there any other 00 MS. WILLIAMS: It appears that's acceptable to them. CHAIRMAN STRAIN: Okay. No visible vending machine, huh? Okay. COMMISSIONER SCHIFFER: It's no fun driving on 4 I in the middle of nowhere and see a Pepsi and Coke yelling out. CHAIRMAN STRAIN: I don't know. It might give some people a sense of security. Any other questions of staff? If not, Mr. Adelstein, I think you had a question of the applicant. COMMISSIONER ADELSTEIN: Yeah. For Mr. Murray. MR. MURRAY: Yes, sir. COMMISSIONER ADELSTEIN: From the beginning I've had the problem of making the decision without knowing what type of parking there actually is and will be. And I can't go forward with the situation where I don't know what -- whether the parking's going to be adequate, what the parking is going to actually be. I think some of the other members here are feeling basically the same way. Is there any way you can determine that now or would you like to have this continued to another date when we can actually find out exactly how many parking spaces would be available to the applicant? MR. MURRAY: Well, the width and the area there would show you that it's about a quarter mile of area that they could park along. There would be adequate area to turn around and get back out with a vehicle. COMMISSIONER ADELSTEIN: The answer isn't it could be adequate. It could be this or that. I'm asking for a specific number. How many parking spaces would be available in this -- on this project? MR. MURRAY: It's -- there would be enough to accommodate the maximum amount to fill the vehicles and the boats, COMMISSIONER ADELSTEIN: I'm still asking for a number. How many parking spaces would be available on this tract? MR. MURRAY: Hundreds. I'm sorry. If you want a specific number, I can give you a hundred along the road. MR. BASS: I think I can answer the question if! could. Again, Ray Bass, for the record. Look, Page 30 ~Pelbll, 2005 we're talking about an area that is -- we gave it an average of60 feet. It's 75 to 50 feet wide drivable area for a quarter of a mile. If you go ahead and park -- park diagonally along that, you may even have a thousand parking places, parking spaces, parking area. And, you know, 60 to 70 feet wide is wider than this room by a long shot. COMMISSIONER ADELSTEIN: I understand that -- MR. BASS: I'm sorry. If you -- CHAIRMAN STRAIN: One at a time. MR. BASS: But how does he know that. CHAIRMAN STRAIN: Let Mr. Adelstein finish his questions rather than you finish yours. COMMISSIONER ADELSTEIN: A big -- maybe you have done a lot of these. I don't know. I do know that almost every single PUD, or any areas we get from the public, stipulates parking availability on that project, not by how many feet or yards it is, how much parking there is. It's in every single PUD we put down. I'm trying to make this come out exactly the same way. We're told 00 we're respecting your idea. What we need is how many parking spaces are available in there in order to you -- to say you have adequate parking. MR. BASS: Well, here's -- here's the problem, You know 00 you know, we don't want to and the staff doesn't want us to, you know, pave it and mark off parking spaces. COMMISSIONER ADELSTEIN: I'm not asking you to pave it. I'm asking you to give us a number of actual parking spaces, not a guess. MR. BASS: Well, okay, I can just tell you from -- from my own personal knowledge, you can get at least 500 cars in there minimum. CHAIRMAN STRAIN: Are you a land planner, sir? MR. BASS: Sir? CHAIRMAN STRAIN: Are you a land planner 00 MR, BASS: No, sir. But I can -- CHAIRMAN STRAIN: 00 an engineer? MR. BASS: But I can measure, In my mind, you've got a quarter of a mile 60 feet wide, 50 feet wide for a quarter of a mile. I'll bet anybody any amount of money you can get 500 cars in there on a diagonal. MR. BELLOWS: For the record, Ray Bellows. Let me clarifY the issue a little bit for us. The petitioner has submitted a conceptual site plan as you see on the visualizer. That is the parking he is asking for with this conditional use. CHAIRMAN STRAIN: Right. MR. BELLOWS: He has not demonstrated any other overflow parking. He has not labeled anything on the master -- on the conceptual site plan as overflow 00 overflow parking. This is the only parking he's entitled to. Ifhe wants more, then he'll have to come back and amend the conditional use. Or ifhe knows right now he wants more, then I suggest he continue, revise the plan and show the parking. CHAIRMAN STRAIN: And I think that's the-- COMMISSIONER ADELSTEIN: I'm not trying to stop him. I really want to see it go forward, but it's got to go forward as far as I'm concerned knowing the adequacy of parking on this project. MR. MURRAY: Does it need to be shown on a site plan? COMMISSIONER SCHIFFER: Of course. MR. MURRAY: See it on a conceptual plan or can it be in a condition because I remember having a discussion back -- it's been over a year ago -- about overflow parking. The idea here was, like you 00 Mr. Bass said, not to pave over but for illustrative purposes to show where there would be handicap parking, an the immediate need. The overflow was to be down the road. There's a possibility of -- at Mr. House's Page 31 16' 1 December 1, 2005 . other facility of a shuttle bringing people over. CHAIRMAN STRAIN: You're missing the point. COMMISSIONER MURRAY: Mr. Murray, the business plan that the gentlemen has created cannot be predicated on -- will-- will do less and predicated on overflow or predicated on all of these ifs. Either the business plan says, We're only anticipating six people every hour and we're willing to do that and we can put those people in those parking spots or not. And I -- I -- we're really -- we're really giving you every opportunity I think to rethink the situation. CHAIRMAN STRAIN: Okay. MR. MURRA Y: Yes, sir. I'm not arguing with you about that. I have seen it done elsewhere where the conditions are for the overflow parking along the road, I'm not -- I'm not trying to argue with you about that. I was just concerned. We want to -- it's taken so long to get here, we wanted to go forward, but we do want to provide adequate parking and satisfY what -- what you believe needs to be done. We believe there is room for adequate parking and if we need to show it, we can show that. CHAIRMAN STRAIN: Commissioner Schiffer and then Marjorie Student. COMMISSIONER SCHIFFER: I mean, my reaction -- there is -- the documents you present us from your engineer do not support 75 feet even 50 feet of area. You can't even get that between water and water on the documents we have here. I think what Ray's saying is true, though. Ifwe're going to go forward, then we're going to limit -- you're going to end up with an approval or something that may have only, you know, a parking place for every two fixed seats like the rest of the code which is going to give you certainly nothing near what you want. CHAIRMAN STRAIN: Ms. Student. MS. STUDENT -STIRLING: I just wanted to state two things. First of all, the site plan is conceptual. But, secondly, one of the criteria in the Land Development Code deals with ingress and egress to the property, but with particular reference to automotive and pedestrian safety and convenience and traffic flow and control. And I think there's an issue here based on what I'm hearing about the automotive and pedestrian safety on site and the traffic flow on site, And that's what the Planning Commission is looking for some assurances for. So I just wanted to give you the assurance that there's a criterion for conditional uses that addresses this type of thing. CHAIRMAN STRAIN: Thank you. Okay. I think that ends the staff report. Are there any other questions of the applicant? (No response,) CHAIRMAN STRAIN: Okay. Ray, are there any public speakers? MR. BELLOWS: No registered. MR. BASS: Well, could we offer a little bit of rebuttal with what the staff people said that was not originally presented? CHAIRMAN STRAIN: I thought that's what you were doing, but go ahead if you have a separate plan. MR. BASS: Well, there was a -- you know, there was a statement by the environmental planner that, Well, there won't be any rights taken away if you grant the permanent conservation easement. My understanding -- other people can probably correct me ifI'm wrong -- but my understanding is you don't hunt when there's a permanent conservation easement. There's no hunting allowed in that area. Is that right or wrong? MR. MURRAY: That's right. MR. BASS: It's not in there. CHAIRMAN STRAIN: I think what's risen above the issue ofa conservation easement right now, although that one is equally important, is the fact that you've got a plan that shows six parking spaces. You Page 32 161' · December 1, 2005 have stipulations that indicate you could have up to 120 people using the site. You don't have any knowledgeable way that you can show us that's approved by staff and signed offby the county, because it's their easement, that you can accommodate the parking, And we can't sit here today and create a new plan. So that I think is the bigger issue for you to resolve. And if you want to go forward today as it stands now and we take a vote, that's fine, Or you can have the option of continuing this and trying to straighten out your problems and come back at some time in the future and not lose the time you've gotten through to get to here today so... MR. BASS: Well, I don't know how we get -- I don't know how we get the county to sign off on something they don't like to begin with. So, I mean, why would they do that? And -- and there's no legal requirement that they do that. They 00 the county has an easement as long as we don't overburden that and that would be a dispute between two -- two private entities or separate entities over the -- over the use of property. That's really not something for the P AB to consider. I mean, you can't -- you can't consider every possible dispute that can arise. And that -- that has -- that has a whole separate issue. I say that with all due respect. COMMISSIONER MURRAY: We were -- we were advised by-- CHAIRMAN STRAIN: Mr. Murray, Lindy had asked to speak and then -- COMMISSIONER MURRAY: I'm sorry. CHAIRMAN STRAIN: 00 and then Mr. Schiffer and then you. COMMISSIONER MURRAY: You're right. COMMISSIONER ADELSTEIN: Basically, you've heard my argument and you're giving me an argument back, but I'm going to be doing -- I'm doing the voting. MR. BASS: Right. COMMISSIONER ADELSTEIN: I'm asking 00 I'm saying to you, it would seem to me logical that you can give us a number of spaces when -- which you actually can develop 00 to show you could have or you can provide. I'm saying to you -- I would recommend to you that we have this thing postponed to another date until you can give us that information and then get a vote that might be better than what you might get today. MR. BASS: Well, I understand that. CHAIRMAN STRAIN: Okay. Mr, Schiffer. COMMISSIONER SCHIFFER: Yeah. My question is: You made the presentation to the EAC and they were never made aware of the fact that you could place hundreds of cars on impervious parking as part of this project? MR. MURRAY: Well, it never became an issue. It's not an issue with staff before. And I understand that originally there was a plan or a sketch submitted. I'm sorry. 1-- that was before I was involved with this, that showed where the parking would be along the road. So that may be why staff has not had an issue with it all along. But that didn't come up at the EAC at all. COMMISSIONER SCHIFFER: Okay. But you never made them aware, Oh, by the way, if we have any overflow issues, we'll be parking all up and down this road which is an impervious surface? MR. MURRAY: I don't remember if that came up; but ifit did, we would have responded in the same way. CHAIRMAN STRAIN: Thank you. Mr. Murray. COMMISSIONER MURRAY: That's all right. I think it was answered by those who asked the questions, COMMISSIONER MIDNEY: I have a question. CHAIRMAN STRAIN: Mr. Midney. COMMISSIONER MIDNEY: Would the landowner be 00 would the landowner object to a Page 33 D~c~Jerl1, 20(15 conservation easement that expired with the lease? MR. BASS: The landowner really doesn't have any control over that. The -- the leaseholder, which is Mr. House, is the one that has control over that. And he has said he will grant -- he will give the permanent conservation easement within the lease. The 00 the Collier Corporation or whoever the landowner is, I'm not sure if it's Collier Corporation or Barron Collier Companies, they don't have any control over that. There's nothing in the lease that says we cannot do that. And since it doesn't say we can't do it, we can do it. That is the law. CHAIRMAN STRAIN: Thank you. Okay. You had asked for rebuttal. I assume you've now had enough time to provide us with the rebuttal you wanted to provide? MR. BASS: I think so unless he has more. CHAIRMAN STRAIN: Make it short if you have-- MR. MURRAY: No. I believe that we've responded to almost everything. We -- we still believe it's consistent with the Growth Management Plan and that this is a good project. And we 00 if you -- ifit will help this 00 this board to make a decision, we would like to bring it back, say, in a couple of weeks at the next meeting and respond to you, maybe provide additional information to show how we can answer that. Because we -- I wouldn't want you to try to make a decision if you feel that you don't have all the facts. CHAIRMAN STRAIN: Well, you got to be -- you're either going to request a continuance or you're not. MR. MURRAY: Yes, I am. CHAIRMAN STRAIN: It is not up to us to ask you. It's up to you. Are you requesting a continuance? MR. MURRAY: We would like to request a continuance. CHAIRMAN STRAIN: Okay. To the next available date that can be properly advertised? Okay. Is there -- there's a request by the applicant. COMMISSIONER MURRAY: I make that motion. CHAIRMAN STRAIN: There's a motion made by Mr. Murray. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Seconded by Commissioner Adelstein. Is there any discussion on this issue? COMMISSIONER SCHIFFER: I'd just like to say one thing. I think that this is a really good project. Ecotourist really is a good deed. The problem is you got to work out the planning problems of parking. COMMISSIONER ADELSTEIN: I think it's also a very good project, but-- CHAIRMAN STRAIN: I've got three issues you need to look at if you're coming back. One is whatever arrangements need to be made with Collier County for that easement, No. I, the Planning Commission needs to be provided with the language of the easement and an opinion from the County Attorneys' Office as to what that easement can be used for by you people in order to secure whatever additional parking may be needed by this. We need a -- we need a computation from staff indicating what they believe the additional parking requirements were under the maximum worst-case scenario used on this project. And then we need to know that the spacing is there to use it, whether it's on that easement or somewhere else, if it's going to be impervious or pervious, Whatever those conditions are, we need to know all of those. And I still believe that something needs to be further worked out in regards to a permanent conservation easement. There may be some way to get that worked out through an expiration of a conditional use. I don't know, but there ought to be that -- it should be further explored with the County Attorneys' Office. Page 34 1611 December 1,2005 . Mr. Murray. COMMISSIONER MURRAY: And one other thought, the conceptual site plan according to Mr. Bellow's, you need to have that demonstrated on your conceptual site plan. So you need to pay attention to that aspect of it and I would bring in your measurements it would seem to me. CHAIRMAN STRAIN: There's been a motion made and seconded. Any further discussion? Ms. Caron. COMMISSIONER CARON: Yes, I'd just like to say, we haven't spent a whole lot of time here on the GMP issue; however, I think you need to spend a lot more time with the County Attorneys' Office and try to work out some sort of permanent easement. If that runs with the conditional use, come back and let them say that that will then follow our GMP. CHAIRMAN STRAIN: Okay. With that we'll call for the vote. All those in favor of the continuance signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. The project is continued. We'll take a I 5-minute break or at least till I 0:30 by that clock. (Short recess was taken.) CHAIRMAN STRAIN: The clock says 10:30, ladies and gentlemen. I don't want to be accused for delaying permitting in Collier County. So we will start exactly at 10:30. Okay. The next item for review today is Petition PUDZ-A-2004-AR-543 I, Naples Gateway Land Trust represented by Robert Duane, also known as the Cambridge Square PUD. That's not Robert Duane also known as that, but the project is. All those wishing to testifY on behalf please rise and raise your right hand to be sworn in by Ms. Ford. (Speakers were duly sworn.) CHAIRMAN STRAIN: Okay. Disclosures. (No response.) CHAIRMAN STRAIN: I guess I'm the only one. I talked to the applicant, Mr. Gates. I talked to Mr. Hayes. I talked to Mr. Readie. I talked to the gentleman who did their TIS and to Mr. Anderson. So I think I've have had quite a few conversations. That's all. And all about mostly traffic, a couple use issues within the PUD that we'll discuss today, That's all. Bob, it's all yours, MR. DUANE: Yes. Good morning -- morning. For the record, Robert Duane from Hole, Montes & Associates, I do have Bruce Anderson with me, Todd Gates and Rob Price from the Metro Group this morning. My presentation will be relatively brief. It's a two-part presentation this morning. I'm going to make a few introductory remarks, and then Todd Gates is going to follow me and describe the project a little further. And if we could keep the continuity of our presentation and answer questions at the end of it, I would appreciate it. I'm passing out to you an 8-by- I I aerial photo, a 8-by-1 I master plan and some proposed renderings of the project that Page 35 ~QeLJr~ ~05 Todd will go over in some detail after I finish my presentation. The subject property depicted on the master concept plan is approximately 16 point -- it's approximately 16 acres. The subject of the rezone petition here this morning principally affects -- affects 3.3 acres at the corner which we're adding into this PUD and we're also making -- making changes to Tract B. And I'll highlight that for you. Tract A is the existing office complex. And Tract B comprises approximately 10 acres including the 3.3 acres that we're adding to the PUD at the intersection. The access to the subject property does not include any access onto Livingston Wood Lanes. That was an earlier part of our petition that we withdrew as a result of opposition at our neighborhood meetings. And I might add that initially staff had encouraged us to pursue that access, but we withdrew it from our petition. The other access points are on Pine Ridge Road which is a right in, right out. And there's also a right in, right out onto -- onto Livingston Road, The 10 acres that are contained in Tract B were the subject of a comprehensive plan amendment that was before you last year. It allowed up to 80,000 square feet of retail or office use to be developed on Tract B. There were other components of that amendment that are also reflected on the master plan. One being the loop road that connects access from Pine Ridge Road to Livingston Road. That was designed to try to bleed off some of the traffic from the intersection. The GMP amendment also limited the maximum height of structures to 35 feet. It provided for a 75-foot setback from the north property line and it also provided for an 8-foot wall along the north property line for screening and buffering from the Livingston Wood Lane and that surrounding neighborhood. The uses in the PUD ordinance are principally C-3 uses with some modifications. I'm going to just switch to affordable housing. Also right now you were provided some language that we're proposing to incorporate into the PUD that we will make our contribution of $0,50 a square foot at the time of site plan approval for up to the 80,000 square feet that is proposed in this PUD amendment today. And that language, again, is before you. In summary, the project is consistent with the Pine Ridge Road mixed-use district which is a component of the Golden Gate master plan. The proposed CPUD master plan we think very reasonably reflects how we believe this property is ultimately going to be built out. It's not a bubble plan. Those plans disappeared some time ago. And we've tried to be as very specific with the size and orientation of our buildings and out parcels, of which there are four, as we could at the present time. Now, I'd like 00 and one final comment is that this project does not contemplate a big-box retail user. That's not what we're here to ask you for today. It was an issue at our neighborhood meeting, and that is not the intended purpose of this planned unit development. And with that I'd like to give you Todd Gates who will amplifY some of the architectural and design considerations that he anticipates incorporating into the project. And then whether it be Bruce Anderson or Rob Price or myself or Todd, we'll be happy to answer your questions after Todd's presentation. Thank you. MR. GATES: For the record, Todd Gates with Gates McVey. Just very briefly, I guess I'm the Vanna White of the presentation, but this is the property that -- that I've referred to since as long as I've lived here is the big White House property. Actually, I used to hunt out there many, many years ago. But anyway this is the big White House property. You've got six lanes running east and west. Six lanes running north and south. Obviously, not conducive for big White House anymore. It is very conducive for we hope what we've proposed. I personally met with numerous neighbors in the neighborhood to find out what the use is that they would like to see there, to be perfectly frank. What I heard was banks. What I heard was medical facilities. What I heard were bagel shops. What I heard was chiropractors. What I heard was neighborhood uses that they don't have to travel very far to use just like if I lived there or you would live there, ice cream shops, Page 36 16 i c Declm!er 1, ~005 yogurt shops, things like that. Banks kept coming up. What I also heard was that (A) they did not want access to Livingston Road which, again, we withdrew that after we heard some issues. I was concerned that they were seeing -- they were not seeing the entire picture, because that gave the access to the neighborhood that I thought was important to the neighborhood. But, again, I don't live there and they did and they wanted it out, so we agreed to take it out. As far as the -- the uses that -- that they were concerned with and we were also concerned with is that it's not meant for a big box. It's not meant for a Wal-Mart or Sam's or Home Depot or Lowe's. It's meant as a neighborhood shopping center that supports the infrastructure that's needed in the neighborhood, and that's really the intent. Architecturally we take a lot of pride in our projects, We've been here for many, many years and each project we think gets better. We hope. We wanted this to feel more like a __ a Livingston Woods neighborhood shopping village, if you will. We did not want it to feel like a strip center. We did not want it to feel like a big box. Architecturally you can see -- and I know Brad's looking at the elevations now. That scares me. But anyway, we -- we've got some stone facades on it. We want it to feel very woods-y, hence, Livingston Woods name, We went with a motif that we thought would be very fitting for the neighborhood and be an asset for the neighborhood. So with that I'll stop talking and entertain any questions, I guess, or wait for staff report, I guess. Thank you. CHAIRMAN STRAIN: We're going to have questions of the applicant. Before we do, I'd first like to get these items moved into record. For the record, we have two pages of architectural renderings that were handed to us today. One page, that's an aerial showing existing conditions on site as of the date of the aerial. Another page is a colored site plan basically in gray, green and orange. And a last page is a commitment for affordable housing contribution $0.50 a square foot. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: And there's a motion made to move that into evidence. Is there a second? COMMISSIONER SCHIFFER: I'll second but add there was also an aerial photograph. CHAIRMAN STRAIN: That's what I did. I said that. COMMISSIONER SCHIFFER: Oh, okay. CHAIRMAN STRAIN: Seconded. So seconded by Mr. Schiffer. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye, COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Thank you. We normally ask questions of the applicant at this point unless the Planning Commission wishes differently. I have questions. Brad, do you have questions? COMMISSIONER SCHIFFER: But what did you have in mind with differently? CHAIRMAN STRAIN: Well, ifno one's got any questions, we go on to staff; but I assume you-all had questions of the applicant before we go too far so... COMMISSIONER SCHIFFER: It is a nice looking development and everything; but just in case you sold it or something like that, there is a clause in here and it's page 21 of the PUD, it says there is no Page 37 !c9mt~, 2005 size limitation on the uses, Could we put something in there that states that it has to be at least four buildings twenty feet apart? Because conceptually the way that's worded and it references you back to the table, you could put an 80,000 -- MR. GATES: Well, a good example -- it's a very good question. Again, our intent is not to have a big box user. Out intent's not to flip it. We're -- like, we're moving full steam ahead with the site development plan hopefully very soon. So the issue -- a good example is hardware store. We do not plan on putting a Home Depot or Lowe's there. But I got to tell you, if there's a Mr. and Ms. Smith that wants to own a flower shop or a home improvement store in a little 1,500 square foot space, I think it would be a disservice to the neighborhood to exclude that purpose. My thought also would be, like, a boutique grocery store. Whether it be a one or two of the fancier names that have been kicked around the county right now. And 00 and obviously they're not going to be 50- or 60,000-square foot grocery stores. But the numbers that I'll just through out to you to -- that I've been thinking about is that if you keep the -- and, again, I don't know what's under the home furnishings code. That's not my expertise. But I don't foresee anything above 15,000 square feet on home furnishings or home improvement or whatever you want to call it. I certainly don't see anything larger than 25,000 square feet on a grocery store. We don't plan on putting a 50, 60,000 square foot Publix there or a Winn Dixie. There maybe a -- a -- a very boutique-type grocery store that, again, is an asset to the community that they need a decent square footage to make the numbers work. So, yes, I'm very open to limiting the sizes with any uses that you may have issues with. COMMISSIONER SCHIFFER: On the site plan you have how many square feet of commercial do you show on that? MR, GA TES: We show a combined -- and, again, if! mistake -- COMMISSIONER SCHIFFER: Tract B only. MR. GATES: Tract B I don't know. The total is 00 I'll let the engineer answer that. MR. DUANE: The 00 the principle structure's somewhat less than 35,000 square feet. COMMISSIONER SCHIFFER: So the site plan that is on Tract B? MR. DUANE: That is correct. COMMISSIONER SCHIFFER: And is 35,000 square foot of development -- MR, DUANE: Correct. COMMISSIONER SCHIFFER: And yet 80 is the potential on this site? MR. DUANE: That is correct. CHAIRMAN STRAIN: Is that all buildings in Tract B is 35, because you've got three-- MR. DUANE: Well, I've got four out parcels which -- which have smaller footprints on them. Those are 5,000 square feet or less I'm anticipating. CHAIRMAN STRAIN: Tract B I think has -- is Tract B the 00 is only -- is -- you have Tract A, B and, I think -- oh, C is over on the other side. Okay. So your total gross -- I think what Brad's looking for, what is the total square footage you show on the site plan? MR. GATES: The total gross that is our intent is 80,000 square feet of mixed use of retail and office. COMMISSIONER SCHIFFER: On Tract B which -- the out parcels are a subset of Tract B, aren't they not? MR. GATES: I'm a little confused on Tract B in the end, but I'll let the engineer do that. MR. DUANE: The out -- the outparcels are part of Tract B also which is approximately 10 acres. COMMISSIONER SCHIFFER: And on Tract B there is 35,000 square feet. MR. DUANE: No. I said the retail 00 the retail anchor is approximately 35,000 square feet based on that footprint. Page 38 !6' ,. : !. '. <" e~~mle}l, 2005 COMMISSIONER SCHIFFER: So what is the square footage as shown on these documents on Tract B? MR. GATES: I can -- I can answer that. The conceptual layout that you're looking at, and that's exactly what you're looking at, the little retail neighborhood center is approximately 36,000 square feet, Brad. COMMISSIONER SCHIFFER: That's Building D, MR. GATES: That would be the long building that's parallel to Pine Ridge. The four outparcels are meant to be for conceptual purposes only, medical buildings, banks, office buildings, maybe a restaurant, that type of use is the intent. Now, we don't know at this time how big each one of those building will be. In fact, we've been contacted by a medical group that wants to buy two outparcels and have one larger building as opposed to two smaller buildings. So that -- that's the intent. COMMISSIONER SCHIFFER: And my concern is then on the exhibits there is a disclaimer such that you can change the roadway. You can change all the layouts on it. So this is, again, a conceptual plan is how do we protect somebody buying this from you, I mean, there is offers that you can't refuse and that's putting a big box on that, an 80,000 square foot box. MR. DUANE: Well, the comprehensive plan amendment allowed us 80,000 square feet of office or retail. If we were to change this plan where the outparcels appeared and we came back with 100,000 foot box, then that would require another public hearing. It would be at the very least an insubstantial if not 00 if not a substantial change to the PUD master plan, It would come back before the Planning Commission. It would go back before the board. And we've made representations today to you that that is not what we have put on the table. We've tried to be as specific as we can with our plans. In fact, more specific with our renderings and the commitments that we're making today than I think some other applicants that appear before you. And I -- I've tried to answer your question. CHAIRMAN STRAIN: Bob, I think we can 00 we can probably short this by what Todd just said. If we stipulate, should this go forward, that the maximum square footage of any single use would not exceed 15,000 square feet or 25,000 square feet if it's a food -- a food store. It doesn't say building. That's a single use. So if you have a building that's 35,000 square feet, you can break it up into 15,000 segments or less, but if you -- ifit's a food store, it could be 25,000. That seems to meet the intent of what Todd indicated was going to be happening. MR. GATES: Yes, sir, that's correct. Yeah. Let me ask you this just for my own clarification. And excuse my ignorance. If! have a medical person that would like to combine two outparcels, that it may be one building, is 20,000 square feet, am I excluding that doing this now? CHAIRMAN STRAIN: Well, in that language it probably would unless 00 and, Ray, if that's the case -- MR. GATES: Because I don't want to-- CHAIRMAN STRAIN: 00 that's shown here today on this site plan, if they were to be combined into one instead of four or three, is that going to be another PUD amendment? MR. BELLOWS: Not necessarily. There's language in the PUD document and in the LDC that allows for minor changes in the master plan as long as it doesn't substantially increase the intensity of the use. Your combining an outparcel wouldn't be a problem as long as the overall square footage remained the same. CHAIRMAN STRAIN: Well, if we limit -- if we reference the square footage to retail commercial use, that would eliminate the restriction on office use? MR. GATES: I'm sorry. Mark was talking. CHAIRMAN STRAIN: Maximum square footage of any single, retail or commercial use is limited Page 39 1611 December 1, 2005 . to 15,000 square feet. MR. GATES: That would hurt us. CHAIRMAN STRAIN: Well, that-- MR. GATES: That would hurt us definitely. CHAIRMAN STRAIN: That would be-- MR. GATES: We could limit it to the hardware and we could limit it to grocery, but I can't limit the office. CHAIRMAN STRAIN: That's what I was trying to avoid doing, but I guess retail is office? MR. BELLOWS: Not 00 no. CHAIRMAN STRAIN: Okay. MR. GATES: I think the 00 let's look at 00 let's turn it around the other way and, again, I'm not an expert in this, but what we're willing to do from a development standpoint because it's our intent is that we don't plan on having a grocery store larger than 25,000 square feet. We don't plan on having a hardware store more than 15,000 square feet. Everything else we don't know what it'll be, but I can't limit office and retail beyond that because of not knowing what's going to take place. This is what we hope takes place. This is what our intent is, but right now we have a group of doctors that want to buy two outparcels and have one maybe 20,000 square foot building. CHAIRMAN STRAIN: And I don't -- I understand that. I don't have a -- I personally don't have a problem with that for a medical building. It's the intensity of the retail uses that come into play. Do you have a concern restricting retail uses to 15,000 square feet unless they're a food store which could go to 25,000 square feet? MR. DUANE: Yes. We 00 we -- we would. The intent and purpose ofthe -- of the Pine Ridge Road mixed-use district was to provide convenience, goods and services. And it contemplated some kind of a neighborhood center whether it was a food store or not. But the intent from when we started this process was to, you know, apply for up to 80,000 square feet and we've made a commitment today that we're going to construct something very similar of what we're showing today on that PUD master plan. It does not have in my mind an overly intensive retail component on it. And I would rest my case on that. As Todd said, if we want to put a limitation on the size of a hardware store, he does not have a problem with that. CHAIRMAN STRAIN: You told the neighborhood you wouldn't have a big box on this site. You also told us today that you were looking at uses at 15,000 square feet with the exception of a food store to 25. All I'm saying is let's put that in writing and limit it to that. I don't know what your concern is over having a 00 MR. DUANE: Well, if! wanted to have a retail center with 50,000 square feet in it-- CHAIRMAN STRAIN: You got it as long as no single use in there is over 15,000, You can have one building that's broken up into 15,000 square feet uses as long as it isn't a Lowe's or Home Depot dedicated to all one use which would then be your large big-box operation. I don't understand where the problem is. COMMISSIONER SCHIFFER: Mark, I kind of have a -- I think what the neighbors don't want is one big building, you know, whether you break it up or not. If it's still a big problem, I think it's a problem for the neighbors. CHAIRMAN STRAIN: Well, if they exceed the size that's on the site plan, I would think they would be subject to coming back anyway; right? COMMISSIONER SCHIFFER: But there's one thing back awhile ago Bob Duane said. He said that he would have to come back before the committee ifhe made a change to the site plan, But he did use the example of a 100,000 square foot building. This actually a -- in other words, ifhe did a different layout Page 40 -r 4' n"" ;: D'"' 'I I: F~~ 'U~ 0 December 1, 2005 with an 80,000 square foot building, he would have to come back before no boards based on the disclaimers and the exhibits; correct? CHAIRMAN STRAIN: Correct. MR. GATES: Can I maybe make a recommendation maybe as a happy medium? We could put a cap on any use not to exceed 25,000 square feet across the board retail. And I think that would cover -- and if you want to add in the language hardware not to exceed 15, that's okay too. But -- but I think that would exclude any large big box single user that we're trying to -- that we're all trying to achieve. COMMISSIONER SCHIFFER: Could you -- when you say use, could you add the word "use" or "tenant"? MR. GATES: Sure, yeah. COMMISSIONER SCHIFFER: That way because -- MR. GATES: Retail, that's correct. COMMISSIONER SCHIFFER: We can trick around all that other stuff. MR. GATES: And the fact of the matter, I guess you're right, it could change. But right now we've only got a 36,000 square foot building. We're not going to lease the entire building to one tenant. There'll be at least seven or eight or nine tenants in there, so maybe that would work for everybody. COMMISSIONER SCHIFFER: One thing understand all the 00 this is a beautiful project. All these conversations are based on a conversation with somebody who bought this land before you. MR. GATES: I understand. COMMISSIONER SCHIFFER: It's nothing to do with you. MR. GATES: I understand. CHAIRMAN STRAIN: Along the lines of what Brad just said, though, concerning the size of the building, what would then be the largest building that you would limit yourself to on the property since you're not going -- MR. GATES: For retail and office? CHAIRMAN STRAIN: Just retail. Well, I guess it would be retail and office both. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Yeah. MR. GATES: I couldn't answer that right now. I don't have the -- I don't know who the users will be, COMMISSIONER SCHIFFER: And, Mark, to complicate it, I can build one mass, subdivide it and have it essentially be two buildings too. So I think what we'd say free-standing building. MR. GATES: Yeah. We've built -- we've designed and built a lot of buildings that maybe are 60,000 square feet but they look like 10 little 6,000 square foot buildings, but they're connected so... CHAIRMAN STRAIN: Well, Brad, is that issue concerning a large single building-- COMMISSIONER SCHIFFER: Again, you know, I just wouldn't want -- the way the PUD's written right now, they could put in an 80,000 square foot retail building. CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: I think we've touched it. CHAIRMAN STRAIN: Okay, COMMISSIONER SCHIFFER: I did have more questions. Can I go? CHAIRMAN STRAIN: Yeah. Go ahead right ahead. COMMISSIONER SCHIFFER: There's no pedestrian access to the neighborhood. Is that because the neighborhood didn't want it or-- MR. GATES: I had wanted access to the neighborhood. The neighborhood did not want it. COMMISSIONER SCHIFFER: Okay. So, in other words, if they're going to come visit the Page 41 1611 . December 1, 2005 facility, they're going to drive? MR. GATES: As I described it, they get to go out on the road and make a U-turn and go a half mile the other way and make a U-turn. I don't understand it, but I certainly understand if I lived on Livingston Road behind it that the other streets -- COMMISSIONER SCHIFFER: Because if they wanted to walk down for their ice cream, they're 00 MR. GATES: Now, what we can do and -- and I brought this up at the neighborhood, I think there's one speaker from the neighborhood here, is that maybe there's a pedestrian walk opening the people could ride their bikes through and walk through, COMMISSIONER SCHIFFER: That's what I'm thinking. MR. GATES: We very, very much want to do that. It's for the neighborhood. But, again, we took all those out because ofthe issues that we had at the public hearing. COMMISSIONER SCHIFFER: And I think of the debt chain connection. MR. BELLOWS: For the record, Ray Bellows, The previous rezoning along Pine Ridge Road and this commercial quadrant also had at times requested some kind of interconnection with Livingston Wood Lane; but due to tremendous opposition from the residents there, the Board of County Commissioners and the approval of those other PUDs prohibited any kind of pedestrian or vehicular access, CHAIRMAN STRAIN: I just as soon, Brad, you might 00 I don't know if we need to buck that trend because it has come up numerous times before. COMMISSIONER SCHIFFER: I mean, ifthat's what Ray said, Ray said. We'll go with that. If they don't want it, they don't want it. MR. GATES: We ran into that. So anyway. COMMISSIONER SCHIFFER: Another question and maybe, Bob, you could answer this. It's on the Exhibit A. In Note 3 it says, More or less of a shared wetland preserve. What does that mean, "shared"? What is -- MR. DUANE: The -- there's one district permit that covers the entire 26 acres in this basin and that wetland area is shared with Naples Gateway which is to the east of this property. In other words, there's a common wetland area that they share; and the water is put back into that system from a basin that comprises about 26 acres that extends to the east of this property, And that preserve area is also identified in the Naples Gateway PUD. So they're married together. COMMISSIONER SCHIFFER: But the concern I have is it also states that you're going to allow them to use the area of that to calculate your open space. MR, DUANE: Well, the portion of it that's on the 2.2 acres that's within this subject PUD is open space. We're not taking Naples Gateway's open space and applying them to this project. COMMISSIONER SCHIFFER: You're not double dipping on that area for open-- MR. DUANE: No. It's just contained within the 16 acres of the subject property. COMMISSIONER SCHIFFER: Okay. The project summary, I'm having trouble with the math. What adds up to 16, I? And you -- you -- MR. DUANE: I think Tract A is plus or minus 3,5 acres. Tract B is plus or minus 10.2 acres. Tract Cis 2.4, one acre of which 2.2 acres more or less is contained within the wetlands preserve area. COMMISSIONER SCHIFFER: The 2.2 is not part of the math on that. ltjust -- in other words, you add four numbers. You're only adding three numbers to get the bottom even though there's four numbers at the top. MR. DUANE: That's correct. One's a subset of the other. COMMISSIONER SCHIFFER: Okay. I'm done. Thank you. CHAIRMAN STRAIN: Okay. Any other questions of Commission? Page 42 (;1 /.' Il~< r 11 _~J~ '\~; ~ I" C) December 1,2005 (No response.) CHAIRMAN STRAIN: Okay. Well, I've got some PUD questions, Bob, so let's go through them with you. Do you know that your TIS -- and I brought this up in my meetings with Todd -- the TIS asked for 78,400 square feet. Your PUD reference is 80,000 square feet. Which is it you're asking for today? MR. DUANE: Eighty thousand square feet. CHAIRMAN STRAIN: I knew you were going to say that, but I wanted to make sure I understood it. Your landscaping and buffering on page 8, Section 4.1 7, it talks about the development of the CPUD master plan shall be subject to Section 406 of the LDC. And then it goes to list a variety of landscape buffers, My question is to, I guess, more either to you or Ray, if you're consistent with the LDC for the buffering, why are you listing all these buffer requirements separately in your PUD? Because if you are listing them separately and they are deviations from the Land Development Code, I think they have to be noted as such and separately addressed by staff. MR. DUANE: My understanding is that these exceed the requirements of Section 406. And I didn't contemplate these being deviations. I understand your point. You know, there are a number of procedural requirements and landscaping requirements contained in Section 406 that we've not, you know, regurgitated here. Perhaps there's a better way to word it, but we're generally going to meet the requirement of 406 with the exception of where we've incorporated in some, you know, more site-specific requirements. CHAIRMAN STRAIN: Okay. When staff gets up here, then I'll find out from them if there's an issue with that. In your Section 5, you talk about description of project and proposed land uses, MR. DUANE: What page, Commissioner? CHAIRMAN STRAIN: Page 11. MR. DUANE: Okay. CHAIRMAN DUANE: I find a couple of different references to your square footage. In the staff report it talks about 80,000 retail square feet or just square feet. It says actually in the statement of compliance, I'm sorry, on page I of your PUD it says, Up to 80,000 square feet of retail or office uses on Tract B. But on page I I it says, on Tract B the maximum development intensity is 80,000 square feet of gross leasable retail or office area. Now, gross leasable to me is quite a bit different than square foot of retail or office area, because you remove all the common areas, the patios and all the footprint basically of the building that's not leasable. And I'm wondering from a perspective of the county attorney, what it is we're talking about here and which one is -- MR. DUANE: That's something I was going to answer. The comprehensive plan says 80,000 square feet of gross leasable area. CHAIRMAN STRAIN: It says gross leasable? MR. DUANE: Yes, it does. CHAIRMAN STRAIN: So then the staff report or the rest of this document needs to be consistent to read gross leasable square feet. So, in essence, you can be greater than 80,000 square in your building because you've still got add in the common areas for all the leasable square feet. In the neighborhood impact -- neighborhood informational meeting, and I believe I spoke to Todd about this, the -- the people that attended it, the comment that's in the staff report says (as read): A concern was also raised concerning proposed allowable uses specifically auto and home supply stores and automotive services except to repair. Todd Gates, developer of the project, gave an overview ofthe gross uses saying that he anticipated a bank building with retail shops and office uses. Now, I went through your SIC code references and you still have in there auto and home supply stores, automotive services except repair and hardware stores. Well, I'm sorry, not the hardware stores, but Page 43 te~Jbll, 2~05 the automotive stores. Are those automotive stores necessary for you to have in your project when based on the information supplied to the residents, it seems like you were indicating those -- those would not be there? Actually, they did say hardware store too. It's under the premise of a home supply store. MR. DUANE: The auto and home supply stores we are willing to delete, that which is SIC Code 5531. CHAIRMAN STRAIN: Okay. So 553 I would -- would remove the auto and home supply stores. What about 7542 and 7549 which are your services for repair? MR. DUANE: We're prepared to delete those also, CHAIRMAN STRAIN: Okay. So that would be Items 3 and 4 under 8.2? MR. DUANE: That is correct. CHAIRMAN STRAIN: Okay. On page 20 at the end of where you start on page 19, it says (as read): Permitted accessory uses and structures. Do you have an issue concerning 00 I'm sorry. It's under development standards for Tract B. But on page 20, Item J, size limitations on uses. There are no limitations on the square footage of uses in the CPUD other than requirements set forth in Section 5.2 of this ordinance. Well that's -- MR. DUANE: That will be modified -- that will be modified afterwards. CHAIRMAN STRAIN: That will be subject to what we've already worked out here today? MR. DUANE: That is correct. CHAIRMAN STRAIN: Okay, Under development commitments Item 10, I H. MR. DUANE: What page, please? CHAIRMAN STRAIN: Page 24. Sometimes my pages don't match yours. So I've gotten into the habit of not using pages, but I'll try to give you both. Under H it says (as read): Except as to the deviation approved in this CPUD to reduce the minimum connection spacing from Livingston Road to 1,320 feet for 50 feet. I understand your requesting that, but I haven't seen it spelled out as a deviation in this PUD. Deviations are usually higWighted to us in the staff report. Staff then provides opinions on those deviations both pros and cons and your opinions on those. We haven't been approached on anything in this PUD for a deviation that 1 know of. So I'm wondering what H refers to? MR. DUANE: I can add a deviation section to the development commitment section. I don't have any problem with that. CHAIRMAN STRAIN: Okay. MR. DUANE: Ifthis ordinance is 00 well. CHAIRMAN STRAIN: I mean, I've got to have Don Scott later acknowledge that that deviation's acceptable to his department. But if we can get that far at this meeting, by the next meeting it'd be nice to have for the BCC a list of the deviations so they know like we should have known what was being deviated from in this project. On your master plan that you have attached to the back of your PUD -- MR. DUANE: There's a note that I need to delete from that. We took the access point off of the master plan, but I think there's a little footnote there that I have a little housekeeping chore if that's what your point was. CHAIRMAN STRAIN: That's exactly what I was going to ask you to do. MR. DUANE: That -- that note will be deleted because we obviously made the commitment not to do that access going back to our neighborhood meeting and have revised the master plan to reflect that. CHAIRMAN STRAIN: It's interesting you knew I was going to ask. MR. DUANE: Well, Mark, we've worked so long together 00 CHAIRMAN STRAIN: Well, you should have cleaned it up before you brought it in here today, Page 44 1611 . December 1, 2005 Bob. Under your application for public hearings, the name and address and office, you talked about C & R Realty of Richmond, Inc., is the owner 100 percent of the stock? Then you broke it down, Ron Schlemmer as president, 88.3 percent, Deanna Dodge is something at 5.85 percent. Those two do not add up to 100 percent. Who are the remaining stockholders of that company? MR. DUANE: You are on 00 and I'm going to ask my client to address that. MR. GATES: Mr. Schlemmer's our partner at Gates McVey. CHAIRMAN STRAIN: Okay. But you got to -- we have to 00 we have to know the officers and stockholders and their percentage of stock owned by each. So you've got 100 percent of the main company, but the stockholders so far don't add up to 100 percent so... MR. GATES: What's the 00 I don't have that in front of me. CHAIRMAN STRAIN: The balance is about 6 percent. You have two partners, 88.3 for Mr. Schlemmer, 5.85 for Deanna Dodge. You add those two together you're 94.5 or so percent and you're a little bit shy of your 100 percent. So someone else is in the mix or maybe -- MR, GATES: Yeah. The balance would be the four partners of Gates McVeywruch are 25, 25, 25, 25 -- CHAIRMAN STRAIN: Who are they -- under a specific -- MR. GATES: 00 under a specific partnership. CHAIRMAN STRAIN: We'll have to know who they are. MR. GATES: I can list -- do you want the legal names or the names of the people? CHAIRMAN STRAIN: Names of the individuals I believe is all that's -- what is required, Margie? MS. STUDENT-STIRLING: Well, it would be the names of the individuals or ifit's a legal entity, whoever the shareholder is. MR. GATES: I can give you both. I mean, I know them both if you would like. COMMISSIONER ADELSTEIN: Go ahead. CHAIRMAN STRAIN: Could you just state them for the record so that it's covered? MR. GATES: Yes, sir, certainly. It's Gates Holdings which is Todd Gates. It is Steve Robison Holdings which is Steve Robison. It is Crawford of Florida which is Richard Crawford. Again, I may not be technically LLC correct here. So I need Marjorie's help on this. And then they'll be REDICO which is owned by the Sosnick Company out of Detroit, Michigan. CHAIRMAN STRAIN: Okay. Between now and the BCC, could you supply that information -- MR. GATES: Sure. CHAIRMAN STRAIN: -- to staffso-- MR. GATES: No problem at all. I can even do a board chart if you like. If graphically it would make more sense for you. CHAIRMAN STRAIN: Well, whatever -- whatever legally is required. MR. GATES: Okay. CHAIRMAN STRAIN: That's all I'm concerned about. And then that's the only questions I have until we get into staff and to transportation. Transportation's going to be a little intense so -- COMMISSIONER ADELSTEIN: Just a little. MR. ANDERSON: Excuse me. My name is Bruce Anderson, for the record. I just wanted to note, you may not have the most current disclosure information because all that information is part of this packet. CHAIRMAN STRAIN: Okay. Well, I don't -- okay. Thank you, Bruce. I don't -- I went through it and didn't find it, but -- COMMISSIONER MURRAY: I don't have it either. Page 45 lofre~blr 1, ~05 CHAIRMAN STRAIN: Oh, I see. It's -- okay. COMMISSIONER SCHIFFER: It's the sheet that follows. CHAIRMAN STRAIN: It's a separate sheet. I didn't even know she put it on a separate sheet. Thank you. That takes care of it then. Thank you, Tom. Okay. Heidi, I guess you're up unless there's -- I think everybody else had finished already. MS. WILLIAMS: Once again for the record, Heidi Williams, Zoning and Land Development Review. This project was evaluated by staff and was not sent to the Environmental Advisory Council due to the fact that there are no new listed species or wetland impacts anticipated. There was a correction to the preserve tract, and you've looked at it on the master plan and touched on it, but I'd like to put some clarification on the record. The Tract C in -- on the master plan is an area that is defined by the growth management plan. The actual area has been impacted. There is a sidewalk, and I believe a pump station in that preserve tract. Our environmental review preferred that those uses not be included in the preserve -- technical preserve area. The applicant provided us with a new survey of the area. That's how you get your 2.22 acres. The issue is then -- does arise that the growth management plan, this -- this PUD is not -- not technically consistent with the verbiage in the growth management plan. Whether or not this PUD is approved, staff intends to do a text amendment to the growth management plan -- the Pine Ridge Subdistrict of the Golden Gate Area Master Plan to reflect the actual conditions on the site, citing that this is an unintended error but it's been approved and we want to make sure that the actual acreage is reflected in the growth management plan. So I wanted to put that on the record. Originally the transportation division requested the access to Livingston was laned. It's already been discussed that there was a lot of outcry. Comprehensive planning had agreed to allow the BCC to discuss whether an ingress-only access is -- was the intended -- was supposed to be prohibited by the growth management plan. Subsequent to the neighborhood meeting, that access was removed and the notation on the master plan will also be removed. Transportation has since indicated that they can accept that the neighborhood's wishes supersede, and the need for the board to determine whether or not that would be acceptable is no longer an issue, I've had just a few conversations with residents since the neighborhood information meeting. I believe there's a speaker here today who I have also spoken with and has some concerns with one of the uses specifically whether gasoline fuel stations would be a permitted use. It is listed as a permitted use in the document. That may be a subject for discussion. It's acceptable to staff at this time. I had a notation to address one of your questions. Regarding the deviation, the landscape code is the underlying requirements and then the PUD further modifies it with an exceeded requirement for landscaping. So to answer the question it's not necessarily a deviation. It's in excess of the code, and that's acceptable to our landscape review staff. Therefore, with all of those -- that information, I -- you know, staff recommends approval subject to the stipulations we've already discussed. And I believe that Marjorie Student has something to add. And after that, I'm happy to answer any questions you may have. MS. STUDENT-STIRLING: Yes. On my page 23 under transportation requirements, it would be a new paragraph B talking about the loop road. There just needs to be some clean-up language. Loop road, last sentence, will be dedicated as a public easement at the time of platting or SDP approval. Roads are dedicated on plats but otherwise there's just SDP. It would be some other form of conveyance, so I think it should say "Shall be dedicated or conveyed" as the case may be. And that would be probably a staff stipulation that was generated and placed in there. So I'd like that clarification. Page 46 !eQmtll, ~0~5 And also let me turn to the other page where it's already in there, but it would be my page 19 and that would be permitted uses and development standards for Tract B under the accessory uses. It just has general language about central services and facilities. The broadness of that has raised issues in past PUDs, so we'd just like it spelled out what those essential services might be. CHAIRMAN STRAIN: Well, I'm assuming that's something staff can do between now and the BCC meeting. MS. STUDENT-STIRLING: Yeah. That appears -- also that appears, I think, in two places. So wherever that appears we would need to have that spelled out as an accessory use. CHAIRMAN STRAIN: Margie, items like this are pretty pure housekeeping issues. MS, STUDENT-STIRLING: Yes, they are, but Ijust wanted to 00 CHAIRMAN STRAIN: Is this the first time you've read this PUD? MS. STUDENT-STIRLING: I read the PUD before the meeting, but I wanted to put it on the record. CHAIRMAN STRAIN: Did you read it before staff did the report? MS. STUDENT-STIRLING: I read one iteration before staff did the report. CHAIRMAN STRAIN: It would be nice if we could clean up the things that are absolutely known to your department and others before staff wrote the report so from here on out we wouldn't have to be doing this at a public meeting. Anything else that you have, Heidi? MS. WILLIAMS: Nope. If you have any questions 00 CHAIRMAN STRAIN: No, I think mine are going to end up being with transportation then. Commissioner Midney, I think, he just indicated he's got questions here too, but anybody else? (No response.) CHAIRMAN STRAIN: Thank you. Mr. Scott, welcome again. MR. SCOTT: Good morning. CHAIRMAN STRAIN: We've talked, I know, about traffic impact studies, and this one in particular will be two years old next month, MR. SCOTT: That's right. CHAIRMAN STRAIN: And it reference statistics that are 00 been replaced by more recent statistics -- MR, SCOTT: Recent ones. CHAIRMAN STRAIN: -- for that area. MR. SCOTT: Right. CHAIRMAN STRAIN: It references a 203 AUIR and we have data from a 205 AUIR. I also was 00 received some supplemental information at my request from the applicant's transportation expert. I pass that on to you. I will -- I have questions about that. And then I have questions about other specifics within the TIS just to get on record and get those answers. In response to what I gave you, you know, as the most recent documents from the applicant, what are your thoughts in regards to that update for TIS and how consistent is it with today's traffic issues on those road links? MR, SCOTT: Okay. The -- the 00 back a little bit up. The newest AUIR, though not adopted by you or the BCC at this point, shows 59 remaining trips on that segment. I think the analysis previously was two -- 212, something like that, obviously change in traffic count and some other issues like that. I don't believe you guys got your copy yet, probably next week is my guess or previous to the meeting. Based on even bank trips or if it was, say, at a site plan right now 00 if this was at a site plan level right now, it would not meet -- it would be -- it would have to wait essentially until -- the bigger Page 47 1611 · December 1, 2005 improvement that's happening in the future is Golden Gate, 1-75 interchange opens up. And a lot of the trips that go down Pine Ridge and then down Livingston getting in towards the city will now use Golden Gate Parkway. That's why transportation staff said that this was consistent. But, obviously, they'd have to wait until all that happens and that shows on the system. CHAIRMAN STRAIN: When is the Golden Gate Parkway Interchange scheduled to be opened; do you know? MR. SCOTT: It is scheduled for the long -- the scheduled time frame is about a year from now. They do have accelerator clauses in it. And if you look at it right now, I believe they'll probably need some of those maybe as early as early fall next year -- early fall or late summer next year. CHAIRMAN STRAIN: Okay. So if that opened, theoretically based on the people that would now use that, it would lessen the impacts on Pine Ridge and that portion of Livingston Road which would make this project more acceptable as far as concurrency goes? MR. SCOTT: Right. And the modal obviously shows that and that's what consistency's based on. CHAIRMAN STRAIN: Well, Mr. Anderson knows me well enough. He'll know the question coming up then by the time we get to that point. Bruce, I've got some more to go with Don. I can get you all at once. But my question's simply going to be, when was your anticipated COs I would imagine are not going to be before January of'07? MR. ANDERSON: That -- that could be. CHAIRMAN STRAIN: Could be. Okay. Well, if you leave it up to us, we'll discuss it. MR. ANDERSON: Well, no, I know where you're going, and I would respectfully suggest to you that the same logic that you use for not repeating the Land Development Code in the PUD should equally apply to the concurrency rules. We have a system in place. Let it work, We'll take our place and wait patiently or impatiently in line, but don't put anything special in here other than we're going to comply with whatever the county's concurrency management system is. That's the fair thing. CHAIRMAN STRAIN: Have you applied for your SDP? MR. GA TES: Yes. CHAIRMAN STRAIN: The SDP is already in the system? MR. DUANE: Yes. CHAIRMAN STRAIN: So you think you're going to get your SDP out and you're going to get this project built and CO'd in 12 months? MR. GATES: Would you like me to be polite? CHAIRMAN STRAIN: Anything you want, Todd. I don't care. I'm just trying to get to the bottom line here so we can work it out. MR. GATES: That is our hope. The reality is we'll be lucky to have any permits within 12 months. But the reality is no. We are not going to have permits, construction, CO'd within 12 months. I'm looking at my project manager, is that consistent? CHAIRMAN STRAIN: My only request is then do you mind if we restrict your CO's to no earlier than December of'06 since you can't get them anyway? MR. GATES: From a pure practical standpoint, Commissioner, I don't have a problem. How long is that? Is that 12 months from now? CHAIRMAN STRAIN: Yeah. MR. GATES: Yeah. The reality is we're not going to be CO'd on anything 12 months from now. We'll be lucky to have an on-site develop permit to be honest with you, CHAIRMAN STRAIN: That just adds another level of protection to the public to assure that the road system is in better shape than it is today when you go in. You'll still be able to get all your permits, do all your construction, do all your building subject to the concurrency issues; but at least we know that Page 48 lo2eLbi 1, 2t05 you're not going to get a CO prior to that interchange opening on Golden Gate Parkway. That's all I was asking, MR. GATES: That will be fine. CHAIRMAN STRAIN: Thank you. Now, Mr. Scott, we'll go back to your questions, Generically, TISs, when we have one that's two years old -- and I know this one's more or less been updated as we've talked here today -- is there anyway that your department can require TISs to be more timely in regards to when they hit this panel? MR. SCOTT: Yeah. We have TIS guidelines that we can revise, and we've actually discussed this internally too in the sense that based on what happened at the last meeting and even discussion at this meeting, And as things evolve, that almost the concurrency side of it should be the last, you know, statement. Has it changed since you originally looked at it? I believe that's something that we probably should bring to you and the board as updated TIS guidelines. I don't know. Some of the thought is within six months. I don't know how reasonable that is. I've had discussion with some outside, you know, it's -- a lot of it's done by consultant from the other side that they're looking at maybe doing two: essentially one at the beginning of the project and one right near the end. When they're coming to you, that you have something that's fairly new. So that's something I think we probably need to discuss as a -- as the guidelines itself. There's other changes that I'd like to make to the guidelines anyway too. CHAIRMAN STRAIN: Well, we're hitting this issue every week, so I would appreciate it if you could -- MR. SCOTT: If you would like, we will bring copies to the next meeting; and if you want to talk about it at that point or I can get maybe copies to you ahead of time and then you'd see it at the next meeting or -- CHAIRMAN STRAIN: In this particular TIS, they reference the worse case trip generation scenario. Now, I think the issue's been resolved by the concession that Mr. Gates just made in regards to CO's. But just for your department's review, when they say worse case trip generation scenario and use a shopping center equation 820 instead of the worse case scenario which is a stand-alone food store or a gas station or a convenience store -- well, they haven't got a convenience store right I don't believe, but they've got food store rights and gasoline store rights. Those equations are much, much higher. MR. SCOTT: Right. CHAIRMAN STRAIN: Higher is the actual worse case scenario, In fact, a combination of a food store and a quality restaurant and a gas station on this site, all of which could be put in, would be a much worse case scenario than a shopping center designation. MR. SCOTT: Yeah. As pure trips, but on the opposite side of that, there is pass-by that it's assumed that certain things -- if it's a gas station, your pass-by is going to be higher. So there are -- obviously, when you're doing a site plan and this is one of the issues, we know exactly what's going in and those trips are then calculated for the concurrency system based on exactly what's going in, not what could go in. But, yes, you can have scenarios that could make things worse or it could be better depending on pass-by, other issues like that. CHAIRMAN STRAIN: Well, I -- I did look at a PowerPoint presentation presented by the DOT to the University of South Florida. And they talked about pass-by trip generation there. And they indicated, for example, that you shouldn't exceed 10 percent of the trip per generation rates on the roadway that you're fronting or 25 percent of the -- I think it was external rates generated by the project. And they gave you an idea of where you would normally expect pass-by traffic. The highest got into facilities like this somewhere between 30 and 35. They're at 41 .8. Did your department accept 41.8? MR. SCOTT: I believe by the review from my staff at that time, yes, they did accept it. I -- you are Page 49 1611 . December 1, 2005 -- some of this stuff, the rule of thumbs -- CHAIRMAN STRAIN: Yes. MR. SCOTT: -- that was mentioned earlier in the site impact handbook, usually are in the 20 to 25 percent level. And -- and, obviously, we're less comfortable at not knowing what it is because when 00 even when they're naming off it could be this. Well, that will be more. If it's that, it could be less pass-by, things like that. I agree the rule of thumbs are less. Even for the purposes of the vested traffic when we do the modeling of that, we assume a lower percentage. Even, like, for internal capture that they are lower, like, 20 percent, not the higher levels you hear. Obviously, that was an issue even with Ava Maria, the internal caption was a lot higher than usually accepted standards, but there are things that back some of that up. Obviously, they sent you the graph from the lTE manual. If you look at the graph, though, you can make a very small development and have a very high pass-by which is 00 it's harder to accept them at that small levels. CHAIRMAN STRAIN: Can your department start looking at these for that issue as well? MR. SCOTT: Yes. CHAIRMAN STRAIN: We keep seeing this stuff coming through. We keep asking about it at these meetings. I keep hearing someone's looked at it. MR. SCOTT: I think -- I think one of things that we might want to do as part of the guidelines that will be followed is set some of those rule of thumbs out there too. CHAIRMAN STRAIN: Well, I think that would be helpful to all of us if you would do that, Don. Do you know in their TIS, since you're not personally 00 personally did not read it and maybe this is for them to take notes. I notice their traffic engineer's here. On page 15 he reference the Collier County Ordinance 3.15.6.4.3. That is not a Collier County Ordinance. That is obviously some section of some code. If that gets corrected at some point so we have consistency, that may help. MR. SCOTT: That's the old citation of Land Development Code as part of the -- CHAIRMAN STRAIN: That's why [couldn't find it, yeah. And, Don, that is all the traffic issue I have, Mr. Adelstein, did you have any? COMMISSIONER ADELSTEIN: Yeah, I did. And some of it's been brought out by your statement; but if! find it so difficult when you say -- how do you define, first, pass-by traffic? What's the definition? MR. SCOTT: Pass-by is essentially not -- not new trips that would be on the system, but it's trips that you're going somewhere else, but you happen to stop by and fill up your tank or whatever. COMMISSIONER ADELSTEIN: And you're turning around and saying by that -- and that's with a gas station and basically that's the only one that has a situation that might be necessary to come in because MR. SCOTT: Well, no, Your restaurants, other things like that have pass-by in other -- other-- and the reason why the graph that showed, like, if it's a smaller area versus a larger development, the assumption is that you don't just go (0 that small commercial thing. You might be more pass-by. Now, that's not always working it. Because, obviously, if you're talking about a doctor's office, that's not pass-by. You're specifically going to there. COMMISSIONER ADELSTEIN: Right. And the restaurant, usually you're going. The point I'm __ what I was trying to make, it seems to me almost impossible that pass-by traffic was 00 meet to 41.8 percent of this -- of anything. Because, otherwise, we could say we don't even have to worry about outside traffic. These people are all going to come in. MR. SCOTT: But see the IT manual instituted transportation engineer is based on studying sites all over the country and the sites that match, you know, the -- the codes. Now, jfyou -- if you think of it even Page 50 1 ~cJJer 1, ~005 from an area of -- and we've had this discussion about Golden Gate Estates -- if you put a gas station out there, would someone come from Naples just to go out to there, no. So that pass-by could be huge in that respect. So it also means what is in the area that -- for services and how might that change that. So that's why doing it at this level where you don't know exactly what it is. It's hard to figure that out and that could be considered high. And that's why the site plan -- I mean, for concurrency purposes, they're still subject to what they're exactly building at that time and all of the things I've talked about have happened. Golden Gate Parkway opened. Now, if Golden Gate Parkway opens up and none of those trips come down to it, then, you know, you're tough out ofluck. I mean, because -- COMMISSIONER ADELSTEIN: Most people tend to shop at places they want to go to or used to go. You get gas, most people go to the same places to get them. Anything this high at 4 I percent is as far as I'm concerned almost impractical. I mean, it doesn't make any sense that close to 50 percent of the people are coming in just by happenstance. MR. SCOTT: Well, understand too that there's a difference between if you're looking at it from a daily trip versus peak hours. Is someone going to go there versus -- in the peak. And we're concerned with peak hour, you might have higher 00 you might have circumstances that people -- it's -- it's less during nonpeak, but higher during peak hour. COMMISSIONER ADELSTEIN: But the answer is still the same. You've got 5,800 and all ofa sudden you're saying these peak hours come. And I find that to be almost unbelievable. MR, SCOTT: It's high. COMMISSIONER ADELSTEIN: I think it is. I think the figures are wrong. Thank you. CHAIRMAN STRAIN: Any other questions of Mr. Scott? (No response,) CHAIRMAN STRAIN: Don, I have one more. Table 2-A, which I know you don't have in front of you, but I just want to ask you about it. They have an annual rate of growth that they use to calculate the trip generations for projections as to when they're going to hit the road. They used 5.7 percent as the assumed rate of growth based on the Livingston Road -- on Livingston Road based on Collier County Traffic Count Report. Ijust want to make sure in the future if! ask if you verified that, that someone will tell me they have it. MR. SCOTT: That -- that's -- Livingston has them. There's not a long history there, but obviously we do year by year. You can look and see what the growth is providing. CHAIRMAN STRAIN: That's all I have, Don. Thank you. Any other questions of staff, the applicant, Mr. Scott? (No response.) CHAIRMAN STRAIN: Okay. Are there any public speakers, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Are you sure? There was a gentleman that came up to me and asked me who to give the slip to. MR. BELLOWS: Sorry. CHAIRMAN STRAIN: I said ifhe gives it to Ray, Ray will never -- never miss it. MR. BELLOWS: Sorry. We do have one, Robert Morgan. Sorry about that. MR. MORGAN: That's all right. My name's Robert Morgan for the record. I live in Livingston Woods at 6960 Bottlebrush Lane. Some other people 00 some of my neighbors wanted to come, but they were unable to so they said, Hey, can you voice our opinions, but I'll just speak on behalf of myself since I don't care to state who they are, Also, let you know, I am involved in commercial development and am a commercial realtor here in Page 51 16' ---~ Decen\bll , 2~05 Collier County, so I know a little bit more about the process than, say, my neighbors. So they would ask me questions. The one thing that I -- again, I met with Todd -- I want to say that -- with Todd and spoke to Heidi as well. If Todd was doing this development and I knew he was doing it, I'd have no question and say, Go ahead and do it, Todd. From the artist's rendering it's a gorgeous, you know, center. But the question comes to me is if Todd flips this. If it's sold to someone else, you have a lot of issues which Brad hit on -- I think on the head which has to do with size. The road -- I'm glad that they took the road out. And the road has to do with the security issue in our neighborhood. There's a lot of families with children, and we're trying to keep the traffic down in there. We did have a problem with someone knocking down mailboxes and stuff and we had the sheriff out there. And right now there's only one way in and one way out ofthat neighborhood besides one exit road that's, like, 100 yards down from or 300 yards down from the stoplight. So we're trying to keep it that way. And if we want to go to that neighborhood center, we'll drive there or there is a sidewalk that is on the east side of Livingston Road that I'm assuming they're going to continue and bring it down in front of the center. So, therefore, you can still walk. You can still ride your bike and go there. So the road 00 I'm glad it's not there for security standpoint. In reference to the uses, I'm concerned ifhe flips this, [fhe flips this, as Brad was stating, it can be a big box use. I just want you-all to work with Todd in reference to finding out what can be set, the limitations, so it doesn't hurt him as a developer, but it also doesn't create a problem for the neighborhood. And I being a developer and representing developers, I know that this is all money generated. So you really have to -- it has to make sense for him to go ahead and do the development. And it has to make sense for the neighborhood. And I think they're doing a good job working with that. So I would just wish you-all to continue to work on that. CHAIRMAN STRAIN: Were you here for the first part of the meeting? MR. MORGAN: Yes, sir, I was. And I heard you-all talking about you had the limitations. And I know Todd at one time, retail and professional office, how I look at it is two different things. And a professional office, I mean, he could put as much as he wants on there with the height restrictions and stuff like that. But what I'm concerning about is if you start losing outparcels, because this is only, what, a 35,000 square foot inline center before outparcels. I don't think there's another one in Collier County with that many outparcels. So if you start losing outparcels and making bigger retail sizes, then if you have an unlimited size that you could have for a retail use, it'd be difficult. I spoke with Bob with Hole, Montes before this and said, We'll have to go for C3. He goes, well, he can only name or count on his hand maybe 10 of a 100 that he's done that is not a PUD. But then you don't go and say, Hey, give me the C3, Because C3 does limit your sizes, And I think C3 would hurt Todd as a developer as well though. So I think there is a happy medium to where they can do this development. It will be a good development. I think it will add to the community. I know Steve Hublin (phonetic) is doing a strip -- well, a neighborhood center across the way as well. So I'm just trying to keep it from having to where you have a big-box user. Because Brad had mentioned -- and I don't think the big-box user will go there because really they aren't going to pay high a rental rate as your smaller inline would. So I think it's detrimental; but like I said if it's not Todd, ifit's someone else, ifit's XYZ Development Company, the door's open. So if you-all can continue to work with Todd with that in reference to the uses and size to where it works for him and works for more, like, you know, the neighborhood, I'd appreciate that. CHAIRMAN STRAIN: Thank you. Brad, do you have any questions? COMMISSIONER SCHIFFER: A question for the neighborhood. Page 52 lc9m!Jl, 2005 MR. MORGAN: Any questions? COMMISSIONER SCHIFFER: I do. MR. MORGAN: Yes, sir. COMMISSIONER SCHIFFER: What's your thoughts on a pedestrian/bicycle path in the back of this thing? MR. MORGAN: I -- I wouldn't see it being a problem. From the people I talk to in the neighborhood, it's the vehicular traffic that they're worried about. And you know they were going to put in, I think it was an egress lane, well, no one's going to be there to police the egress 00 ingress, egress. People would go back and forth and we'd have delivery trucks, so that was what we were concerned about, delivery trucks and people either doing vandalism or crime in the neighborhood and then using this as an escape route. So ifit's a bicycle or a walk path, Todd and them want to put it in, fine. But I'm assuming that -- I mean, that center it's only 35,000 square feet. You're thinking about only, what, maybe -- what's the whole width of the lot, maybe 300, 400,500 yards? No, 500 feet? People could walk that to the sidewalk that's over there that will be going along Livingston Road is what I assumed. And then you could just come right in I would assume. Maybe they could have a sidewalk that goes out to the main county sidewalk. CHAIRMAN STRAIN: Thank you. MR. MORGAN: Cause -- because people do bicycle a lot in the neighborhood so that's why I would assume those people would go. Because if you walked from any of the homes besides the ones right behind there, you'd have on average probably more than a mile to walk. Any questions? CHAIRMAN STRAIN: No. Thank you. Thank you very much. MR, MORGAN: Thank you. CHAIRMAN STRAIN: Okay. Ray, are there any other public speakers? MR. BELLOWS: I only have the one. CHAIRMAN STRAIN: Okay. Well, with that then we'll close the public hearing and we'll entertain a motion. COMMISSIONER ADELSTEIN: I move that AR-543 I be forwarded to the Board of County Commissioners with recommendation ofapproval subject to staff recommendations and the recommendation of the County Planning. COMMISSIONER MURRAY: Second, CHAIRMAN STRAIN: Motion's been made by Commissioner Adelstein. Sectioned by-- seconded by Commissioner Murray. Other discussion? I have a list of stipulations, If you want, I'll read them. COMMISSIONER MURRAY: I'd like to hear them. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: There are -- first of all, I didn't see any staff recommendations so I don't know of any we're endorsing. The first stipulation would be a maximum square footage of any single retail use or tenant not to exceed 25,000 square feet. And, additionally, a hardware store would be limited to 15,000 square feet. Number two, we'll accept the affordable housing contribution at $0.50 a square foot and approval of the SDP as noted in their submittal to us. That's -- that's been accepted as an exhibit. Number three, within the language of their PUD, we'll be deleting Items 3 and 4 under Section 8.2. We will add a deviation section to explain Item 10.1 H. We will add language as requested by the county attorney for under Section 10.1 B in discussion of the dedication and conveyance of the loop road. And also pursuant to the county attorney's request, we'll add language to Section 8,2 regarding specifics for essential Page 53 1611 · December 1,2005 services. And a fourth item would be the applicant -- the applicant will be restricted from attending a CO on any building within this parcel until 12/06. COMMISSIONER MURRAY: Yeah. Mark, one question, It's noted in -- just above the staff recommendation that the developer has committed to an eight-foot wall. Do we want add that to the stipulation as well? CHAIRMAN STRAIN: I thought I saw that in the body of the -- COMMISSIONER MURRAY: It's right above the staff recommendation. CHAIRMAN STRAIN: But I thought it was in the PUD. I checked that. I thought I saw it in the PUD. If I'm wrong, someone-- COMMISSIONER MURRAY: It is in. CHAIRMAN STRAIN: It is? Okay. Brad. COMMISSIONER SCHIFFER: Through that wall, what's the thought of putting a gate onto that back road. CHAIRMAN STRAIN: I -- to be honest with you and Ray's right, the BCC has been pretty consistent in not wanting access up there. I think that's an issue that they can decide on, not us. I mean, if we recommend it, then it's going to go up with a recommendation from us to them, I'd rather let them make that decision if they've been rather strong on it lately, but it's up to you guys if you're going to want to add it on. COMMISSIONER MURRAY: Well, it is a smart growth item, but if there's that much -- they maybe penny wise and pound foolish for the future, but-- MR. BELLOWS: Yeah. And to be consistent with all the approvals, there was no pedestrian access specifically prohibited as a matter of fact. CHAIRMAN STRAIN: Don? MR. SCOTT: Not that it will be done, but it would be nice to make it possible. And I understand this one's closer to the corner, but we do have an issue when you get further down. If you go to the back, like -- and it's been stipulated up and down 00 like, near where the racetrack is, if you go in the back, you can see people riding back and forth with their A TV s or walk to the back of that. And we've been precluding a lot out along there. And it would be nice to be able to do that up and down for at least possibility nothing more than pedestrian access and the -- and just trying to make that available for -- particularly when it gets a wall all the way down, it's going to be a long way around. CHAIRMAN STRAIN: Okay. So there's a request to add as a stipulation a pedestrian access to Livingston Woods; is that correct? COMMISSIONER CARON: And the neighborhood seemed to have no problem with that. CHAIRMAN STRAIN: Yeah. The neighborhood -- one person who lives in the neighborhood has not expressed a concern over that. Except Mr. Anderson who might live in the neighborhood might want to tell us that. MR. ANDERSON: Mr. Chairman, for the record, Bruce Anderson, I've handled several of the PUDs along this stretch of Pine Ridge Road. And I can tell you based on my experience over the last ten or so years rezoning along that stretch, they don't want access period whether it be a walker, a biker, or a car. They are concerned about interstate travelers, about crime, about homeless people. And they have been very consistent about that over the years. And -- and I would ask you not to include that as a requirement. CHAIRMAN STRAIN: Well, I'm glad you spoke up because I would rather not include it, but I didn't want the vote to be lost because of that. So ifthe feeling of the board is not that strong on it, I'djust as soon leave it out. Page 54 16Jl December 1, 2005 " COMMISSIONER MURRAY: While it may be a smart growth principle, if the neighborhood doesn't want it that strongly, then I can't -- I see no reason to make -- MR. ANDERSON: I'm just afraid that putting it in will guarantee, you know, a half a room full of people at the -- at the board hearing to complain about the pedestrian access. CHAIRMAN STRAIN: That means it gets possibly pulled off the consent agenda if it's headed that way to begin with. That would really be a problem. I understand. COMMISSIONER MURRAY: I certainly don't want-- COMMISSIONER ADELSTEIN: I accept that change. CHAIRMAN STRAIN: You accept the change not to have the -- well, it wasn't added in the first place. We were discussing. So we're not going to have any language in the stipulations regarding the pedestrian access at this point. Any other discussion with the board members? (No response.) CHAIRMAN STRAIN: Okay. All in favor of the motion to approve with those stipulations? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody against? (No response,) CHAIRMAN STRAIN: Okay. We're done. Thank you, We've got a couple small issues to finish up on our agenda and then we can take a lunch break until one o'clock. I think, Commissioner Schiffer, you had a -- two items of old business, COMMISSIONER SCHIFFER: Two items. One is Ray was going to look into the commissioner training course we took. It's actually in the minutes that we just approved. Ray, did you do anything or do we know anything or -- MR, BELLOWS: Excuse me. Could you -- COMMISSIONER SCHIFFER: The commissioner, when we took that seminar, the two-day seminar, we were going to get some sort of certification from that. MR. BELLOWS: l'lI have to check with Joe. I thought Joe was going to handle that. I'll -- I'll find out what happened with that. That was the seminar? COMMISSIONER SCHIFFER: Right. And the other thing is that as a planning commissioner watching the news -- and it's the word "planning" that confuses me a lot here is I see all these people, the problems, the housing not being able to get help and stuff. Should we be doing something? How come I feel guilty when I watch the news segment on people who can't even get people to work at the Tasty Cream or something. CHAIRMAN STRAIN: If you -- if you read this booklet I had prepared, you might find something in there by next meeting that you read enough to ask the county attorney if we could do something pursuant to your reading of this document. Because there's a lot ofIatitude provided in this book and rules and regulations for the planning commission that we have not been exercising as pointed out by you, Brad, at one of our prior meetings. COMMISSIONER SCHIFFER: I read those and that's why I feel guilty. I think that -- that, you Page 55 1 6 11~ . December 1,2005 know, could this town be having trouble because we're not discussing these issues? CHAIRMAN STRAIN: Well, there's another thing you-all need to be aware of on December 9th at nine in the morning, there's a workshop in this room with the Board of County Commissioners to discuss that very issue. So it is moving ahead. Maybe we -- many of you that can attend that meeting on next Friday at nine o'clock, it might be beneficial. COMMISSIONER SCHIFFER: I mean, another thing we got a notice that there's a public transportation workshop showing, you know, the roads to the year 2030. We've never had any presentation. We've never had them discuss that with us, So, again, should I feel guilty that we don't do anything about transportation or -- CHAIRMAN STRAIN: No, I don't think -- I think what you ought to do is come back with a recommendation based on the latitude that's provided in the rules that allow us to exist after you -- if you -- I mean, if you -- if there's a rule that if pursuant to one of those rules there's various studies we can initiate, requests, demographic and all kinds ofthings, look at that and see an area that you think we can help, why don't we bring it to the board for discussion. CHAIRMAN STRAIN: And, Mark, an excellent job to pull all those laws together and put them in a book like you did. CHAIRMAN STRAIN: It'll be fun reading, COMMISSIONER SCHIFFER: It will be fun. CHAIRMAN STRAIN: Keep you awake at night. The other 00 I had -- I had one comment before we get into one news -- one new business item and that is if we have issues like Commissioner Adelstein had concerning procedural issues that need the county attorney's opinion on, if we can ever get 00 if we get our packets early enough to a point we can read them early enough and possibly ask the county attorney either bye-mail or phone to research the issue before the meeting, it might help make the meeting run a little smoother. So maybe in the future we can try to get that accomplished. And that's all -- everything under old business. Commissioner Adelstein, you had an item? COMMISSIONER ADELSTEIN: Yes, I do. New business. As being new business, it has to start with a motion. I move that there must be an owners' meeting within one year of the petition being heard by the CCPC. CHAIRMAN STRAIN: That maybe an LDC issue, MS. STUDENT-STIRLING: I think it -- that you can direct that be considered for an LDC amendment. COMMISSIONER ADELSTEIN: Yes. But -- and for an LDC amendment. I know it's got to go that way, but I want to put it down because basically the idea of not -- first of all, I need a second before I do anything else. CHAIRMAN STRAIN: A motion's been made. Well, I think you might want to clean your motion up. You're making a motion to recommend that a neighborhood informational meeting be held within one year of the project's presentation to us? COMMISSIONER ADELSTEIN: To us. CHAIRMAN STRAIN: But that would -- pursuant to the changing the LDC to have that accomplished. COMMISSIONER ADELSTEIN: I understand that. CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: I'll second that then. Page 56 , ~ ,- ~ ~eceLJer 1,1005 COMMISSIONER ADELSTEIN: The idea being that when we have people who three years ago or four years ago had a meeting and all of a sudden they find out that now it's going forward, nothing's been told to them, could do some real hardships to them. COMMISSIONER MURRAY: And the property could be flipped as well. COMMISSIONER ADELSTEIN: Absolutely. CHAIRMAN STRAIN: Any further discussion on the request Commissioner Adelstein asked of staff? COMMISSIONER SCHIFFER: Just the thing, we might want to look at adding into that also that __ that after you go before the neighborhood committee meeting, sometimes there's substantial site plan revisions and things happen. So somewhere it would be nice to see some sort ofa threshold where you may have to go back again if, in fact, you've made changes. Some of the changes may be requested by the meeting. CHAIRMAN STRAIN: Well, I -- I think the indication to staff is they need to take a look at the issue thoroughly and come back with a recommendation to us. And I imagine the BCC's got to recommend that they would want it changed to begin with, but at least we would initiate the discussion. MR. BELLOWS: Yes. CHAIRMAN STRAIN: Okay. A motion's been made and seconded. Is there a motion to -- is there a -- we'll call for the question. All those in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody object? (No response.) CHAIRMAN STRAIN: None. Okay. Motion passes. COMMISSIONER ADELSTEIN: Thank you. COMMISSIONER MURRAY: One question. It may be old business. We spoke about going to Immokalee, and I can't remember when we talked about when we were going to go. CHAIRMAN STRAIN: When they schedule the review in front of us for the Immokalee Master Plan review, that group wants to prepresent the project to us. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: And out of courtesy to them and requests pursuant to the documents I passed out today, you'll see that we can have meetings in Immokalee and we probably should have meetings that involve that town so... COMMISSIONER MURRAY: My thing was I couldn't remember when it was supposed to be. CHAIRMAN STRAIN: They haven't set the date yet. COMMISSIONER MURRAY: Okay. Thank you. CHAIRMAN STRAIN: Okay. Is there any public comment? (No response.) CHAIRMAN STRAIN: Discussion of addenda? None. We're adjourned. COMMISSIONER ADELSTEIN: No. We're not. MR. WHITE: I'd ask if you'd take a recess for lunch. Page 57 1611 December 1, 2005 . CHAIRMAN STRAIN: Recessing for lunch. But lunch will be -- and time certain one o'clock back here for the Land Development Code hearing. COMMISSIONER ADELSTEIN: Absolutely. CHAIRMAN STRAIN: Thank you all. (Lunch recess was taken.) CHAIRMAN STRAIN: Okay. Everyone. This is our I :00 Land Department Code session. We are back in the meeting that we started this morning. Just for historical purposes, I guess I should put on record that this is a continuation of the land revised amendments for the land development code 2A cycle -- no, second cycle. Our first hearing was, I believe, August 17th and then we had another one on August 18th, and another one September 30th, and we tried to have one on October 28th, and I think that was continued to today. Am I close, Mr. White? MR. WHITE: Assistant County Attorney, Patrick White. I have been dying to say this for years, close enough for government work, Mr. Strain. Since tomorrow is my last day, I guess I can get away with it. CHAIRMAN STRAIN: Suffice it to say that due to the intervening number of days between that last scheduled meeting and today, we went ahead and re-advertised. And I've reviewed the Affidavit of publication and find that it is legally sufficient and will be turning it over to recorder for record keeping purposes. This is, as you've indicated, the continuation ofthe first public hearing we've had on these items. And until this point in time, the commission has not decided to have a, quote, second public hearing on them, but rather, as you've indicated, a succession of meetings on that first public hearing. And so, assuming we work through the agenda items today, my understanding is there will be a further continuance to a later date to consider other matters that weren't scheduled for today. Those in particular being the Bayshore and Gateway Triangle matters. Other than that, I have no housekeeping matters and would turn it back over to Ms. Fabacher. CHAIRMAN STRAIN: Catherine, my memory is not what it used to be. But I think we left off in kind ofthe middle of the original packet. We have also received recently supplements to that original packet. And we have a new packet on Golden Gate business district overlay. We also got new packages for Bayshore and Gateway but those aren't going to be heard until December -- MS. FABACHER: The 15th. CHAIRMAN STRAIN: at time certain 10:00 in the morning. MS. F ABACHER: So, what's your preference? Do you have an organized way to get us off and running here today that you'd recommend? MS. F ABACHER: Well, I thought we would start with the clam nursery. CHAIRMAN STRAIN: That sounds fine. We'll go through the oldest stuff first and then go back to the newer stuff? MS. F ABACHER: Exactly. I think that would be the way to go. Okay. Thank you. CHAIRMAN STRAIN: And I'll let you lead the way. We're on page 83A, clam nursery as sandwiched in between the Bayshore and the Gateway supplements to our book. MS. F ABACHER: Okay. Does everybody have that? MR. MURRAY: No. MS. MURRAY: Page 83 in your original document. Susan Murray, for the record. MS. FABACHER: Thank you, Susan. CHAIRMAN STRAIN: In the original document, the Gateway Triangle was a bulk of pages. And then after that you had the Bayshore overlay, but in between those two bulky pages was a three page insert called clam nursery. Good place for it. Page 58 41 ,( ~ ~lr ~ U u 0 December 1, 2005 MS. F ABACHER: Oh, I'm sorry. CHAIRMAN STRAIN: I didn't recognize it there. MS. F ABACHER: I apologize for that. I went numerically by the alphabet. CHAIRMAN STRAIN: It squeezed in there. MS. FABACHER: One of these days when we have time we'll just rearrange the code to be more reasonable. CHAIRMAN STRAIN: We did that once. All right. Patrick took care of that. MS. F ABACHER: All right. Sorry. Okay. Essentially all this is doing, and this is Board of County Commissioners' request, is to make clammed nurseries, which is just a small operation at somebody's residence, a permitted use in Goodland overlay as opposed to the conditional use that it was. And quite a bit of comment, they've been waiting for three years I thik to have this done. We went to the EAC. They thought it was a fabulous idea. The DESAC had no problem with it. Something that we have kind of promised the residents over there that we would be doing for sometime now. CHAIRMAN STRAIN: I don't have any questions on the matter. I did call some of the residents down there that I know and they, like you had said, were looking forward to this being done. Go ahead, Brad. COMMISSIONER SCHIFFER: Just a quick question. This is intended to be done on peoples' property on a small scale? MS. FABACHER: Yes. COMMISSIONER SCHIFFER: Then it's number nine -- is that describing something larger in your backyard, or is this requiring a site development plan, or site improvement plan? MS. MURRAY: I'm not sure what the concern is. COMMISSIONER SCHIFFER: In other words, If some guy has a private home and wants to put a clam nursery in the back, they have to go through an SIP process? MS. MURRAY: Right. COMMISSIONER SCHIFFER: What would that cost that person? MS. MURRAY: It's really dependant on what he needs to do. He's going to have to, you know, an insuranceand application fee. COMMISSIONER SCHIFFER: I mean, this is like thousands of dollars, right? MS. MURRAY: Possibly. COMMISSIONER SCHIFFER: Isn't the intent to let these people, you know, get going easily to start raising clams on there rather than -- it just seems -- MS. F ABACHER: Isn't there a difference between like a clam farming facility versus someone just putting something in the raceway in the back oftheir yard, the waterway there? I think that was put in in case someone was going to put in a big operation. MS. MURRAY: You're probably right. Let me look it up in the code. We don't have the whole thing. I think there's actually a definition between the two, but let me check on that for you. COMMISSIONER SCHIFFER: So this would be describing a large scale clam -- MS. F ABACHER: Right, right. Obviously, nobody should be charged that kind of money to see tiny little clams in the ditch. I think that was to protect us against someone starting up a big operation, not the local small scale individual that we were thinking of. CHAIRMAN STRAIN: So staff is going to respond to Commission Schiffer at some future date? MS. MURRAY: No. Let me look while we're talking now. If! can get the answer, fine, ifnot-- CHAIRMAN STRAIN: Okay. Let's go on and we'll come back and revisit it. Catherine? MS. F ABACHER: Okay. The next thing would be Michelle's presentation on the latest revision to Goodland and we do have -- to the Gateway. Golden Gate. I'm sorry. Downtown overlay. Downtown Page 59 1~Jbl1, 2<'05 district overlay and we do have a speaker for that too. MS. MOSCA: Good afternoon, Mr. Chairman, Commissioners. My name is Michelle Mosca, for the record, with the county's comprehensive planning staff. I would like to very briefly provide the genesis ofthe amendment as well as address the changes that I've passed out to the commission today and then answer any specific questions that you may have regarding the overlay. In June of200I the Board of County Commissioners appointed individuals to the Golden Gate master plan restudy committee. Primarily for the purpose of studying the Golden Gate area, and to assist staff with revisions to the Golden Gate area master plan. As a result of this restudy process, the committee recommended to the Board of County Commissioners that a downtown center commercial district be created along the Parkway to serve as an entryway into the community and provide a downtown commercial area for citizens of Golden Gate and the Estates. In October of 2004, the board of County commissioners adopted amendment to the Golden Gate area master plan establishing this subdistrict. Staff was then directed by the Board of County Commissioner to work with ADHOC committee and the Golden Gate community to establish in implementing zoning overlay district which is before you today for your consideration. I've handed out revisions to the overlay which are result of additional conversation with the former ADHOC Committee as well as Chairman Strain. The changes are highlighted for your ease of use. And if you would refer to the version left-hand corner on page 130, 12/01105 number two, and those pages should directly correspond to the original version, the 12/01105 still in the left-hand corner. There are approximately five substantive changes, and the remaining changes either deal with the formatting or grammar. The first substantive change is on page 134. Is everyone on the commission with me? I'm looking at the highlighted package, which is number two. And the item is number seven -- the nonconforming use provision was removed because it's not applicable to the uses in the overlay. We had originally put the nonconforming provision in there to make the owner, nonowner occupied residential legally nonconforming, but they're going to cease to exist up to seven years, so we removed that provision and we didn't want to make the owner occupied nonconforming and then they would have limitations placed on them. Because the intent is to allow those residential uses to continue. And that would only be, again, for the owner occupied residential. The next change is on page 135. I'm sorry 135A, and it's in the table, the permitted use table. Automotive parking. The committee had requested that we exclude tow in parking lots from that SIC. The next change is on page 135K under footnote F. We've also included within that exception religious organizations and group 8661, which would include churches, which would not be allowed on this segment of the overlay. The next change is on page 137, former number six. We have removed the requirement from minimum floor area due to the removal of the requirement in former number seven to limit building occupancy. So both six and seven have been removed. This was thought that this would preclude certain types of businesses such as a small cafe from coming into the downtown area, because the single occupancy was required on the first floor, which would require 3,000 square feet. And then the last substantive change is on 138. And after my discussions with Chairman Strain, what we have tried to do, and hopefully I've met the goal here, is to make the measurement for minimum height and maximum height consistent with the LDC definitions. CHAIRMAN STRAIN: You did a good job. MS. MOSCA: So, I'll just open it up if anyone has any questions, if you'd like me to go provision by provision, I'll leave that up to the commissioners. CHAIRMAN STRAIN: Does the Commissioners have any questions? COMMISSIONER CARON: Yeah. I'll start if you want. CHAIRMAN STRAIN: Commissioner Caron. Page 60 Gtl F; " r: {i:.,.. ! '" JJ..Owl ~ December 1,2005 COMMISSIONER CARON: Yeah, starting on page 131. I'm going to work from my top thing. Staff has concerns and have those concerns been addressed? MS. MOSCA: What we've decided to do -- originally the ADHOC Committee, what they were proposing was an advisory committee to review plans for set principles. And we have talked to our administrator, Joe Schmitt, and we've decided not to include that type of advisory committee in the overlay because it would be, in fact, advisory in nature, and maybe inconsistent with a provision in the Land Development Code, or a provision that exists in the overlay. So we have not included it, but wanted to bring it forward to you because the committee had wished for this type of committee to be established. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: I like the position you've taken. I think it's the right one. Land Development Department ought to be the one to be reviewing land development submittals. Not every department in the county separately with their own group of people. They have budgets for that. Then we have a serious problem. COMMISSIONER CARON: Page 133, in the middle of number one. It says residential dwelling units constructed in this overlay district are intended for employees who work within Golden Gate City or Golden Gate Estates, retirees, and seasonal residents. I would think that you'd want to take out seasonal residents because I think the purpose of this whole overlay, and that Commissioner Henning and his group have worked towards is, I mean, I know Commissioner Henning is worried about the flipping ofresidentials. And if you intend to have seasonal folks -- I mean, if it says here we intend. MS. MOSCA: If! may, that actually has been stricken through. Perhaps you have -- COMMISSIONER CARON: That's on the new one. All right. I can only go by my-- MS. MOSCA: I apologize. I thought it was on the original that was sent. COMMISSIONER CARON: Okay. COMMISSIONER SCHIFFER: While Donna is taking a breath here, how can you control the intended -- MS. MOSCA: We're not able to control what it is intended for. They have -- the committee has proposed, I believe it's 1500 square feet per unit. So that would probably preclude your small type of rental units for that type of development. Are you referring -- I'm sorry. Are you referring to the types of individuals that are renting, not renting? COMMISSIONER SCHIFFER: Well, just -- I mean, you're intending this to be, but you really have no control over who lives there, at least, by the Fair Housing Act? MS. MURRAY: I can refer to Patrick. MR. WHITE: If! may, assistant county attorney, Patrick White. The revised provisions that were distributed today double strike through all of the text and one that essentially talks about any of those classes of users or occupants and simply go with a lawfully appropriate public purpose. The residential dwelling units constructed in the overlay public district are intended to promote residence dash business ownership. I think that's an accurate statement, and certainly, as I said, a lawful public purpose, without getting over the line into these more discrete classes of potential occupants, which I think was a concern that both of the commissioners raised. Hopefully that addresses it by striking that text. COMMISSIONER CARON: Page 136C. Can you exclude any essential service? CHAIRMAN STRAIN: That page doesn't exist anymore. COMMISSIONER CARON: Can't go from two different copies. If you've taken that out, tell me you've taken it out. MS. MOSCA: It's actually 135C, and under essential services we have an exception. Page 61 lJteblr 1,1005 COMMISSIONER ADELSTEIN: 135B? MS. MOSCA: C. COMMISSIONER CARON: What I'm asking is, can you exempt certain essential services? MS. MOSCA: With an overlay, I believe we can, yes. We have excluded -- COMMISSIONER CARON: Okay. That's not an issue. Whatever your I 35F -- parks are allowed, or not allowed? CHAIRMAN STRAIN: 135G. MS. MOSCA: Not allowed. COMMISSIONER CARON: Are not allowed. Well, in number one, back at the beginning, pocket parks are encouraged. So we have conflicting -- MS. MOSCA: Yes, we do. We'll have to change that. Thank you. COMMISSIONER SCHIFFER: The intent will be to allow pocket parks? MS. MOSCA: Yes, it will. COMMISSIONER CARON: And, Michelle, you already told me that you corrected 18 as being the same as 20 on page 139? MS. MOSCA: Is that the duplication for the architectural? COMMISSIONER CARON: Yes. MS. MOSCA: Yes. COMMISSIONER CARON: I guess everything else has gotten answered. Thank you. MS. MOSCA: Thank you. CHAIRMAN STRAIN: Alright, Brad. COMMISSIONER SCHIFFER: I'm going to be flipping back and forth. Let me make sure I understand the minimum height and maximum height. What you're saying is that any building built has to be a minimum height, and this we're going to use zoned height for that so -- MS. MOSCA: That's correct. COMMISSIONER SCHIFFER: The mid height to the roof cannot be less than 34 feet. But then you're also saying that the top of the roof can't be greater than 45 feet. So essentially you're fixing the geometry. MS. MOSCA: Yes. That was the intent of the committee as well as the community, I believe. COMMISSIONER SCHIFFER: I mean, that can be a flat roof that could have a 45-foot high flat roof building. MS. MOSCA: Well, the architectural design is intended to be a sloped roof, the mediterranean tile barrel. COMMISSIONER SCHIFFER: Okay. So you wouldn't accept the flat roof even though I could show you a picture from the mediterranean? MS. MOSCA: Yes. COMMISSIONER SCHIFFER: Let me just -- the side setback are minimum now of four was -- they'll be fixed at five feet, now they're at a minimum of five feet. MS. MOSCA: No less than five feet. That was a correction made by legal staff. COMMISSIONER SCHIFFER: So between all the buildings, there will be a gap between buildings on the properties then? MS. MOSCA: Yes. COMMISSIONER SCHIFFER: You do state that you wanted these to be built with low crime. I mean, wouldn't it be better to let the buildings be built close together? MS. MOSCA: This was a community initiative, and that's what the community decided they wanted that area to look like that with spacing in between the buildings. So it's reflective of their wishes. Page 62 1611 · December 1, 2005 COMMISSIONER SCHIFFER: And their building to which is now -- it's now I I, architectural standards. MS. MOSCA: Would you mind, just let me -- COMMISSIONER SCHIFFER: 139. MS. MOSCA: 139? COMMISSIONER SCHIFFER: Correct. MS. MOSCA: Thank you. COMMISSIONER SCHIFFER: We have the architectural standards guru with us, but what it states is that unless stated otherwise, these would prevail. E sets up something where you're going to have to break the rooflines at 5,000 feet. So is that to override the roofline requirements of the code? MS. MOSCA: Yes. The LDC requires roofline changes every 100 feet. COMMISSIONER SCHIFFER: Okay. Give me a second to go between them. Okay. That's fine. I'll pass. Okay. CHAIRMAN STRAIN: Any other questions? Michelle, I appreciate it. I had a quite a few and pursuant to our discussion, the yellow highlights on this revision seem to take care of most all of them. I did have a couple left that I know we talked about. You may not have been able to do anything about it because its transportation problems. MS. MOSCA: Yeah. CHAIRMAN STRAIN: And I know you know what they are and I'll share them with the commission as soon as Don Scott wouldn't mind coming up and we can talk about Golden Gate Parkway's right of way. Hi, Don. MR. SCOTT: Hi. Don Scott, transportation planning. CHAIRMAN STRAIN: There are two issues in here that, when I read this a couple nights ago, I was concerned about the relationship to other projects we've seen, or other overlays we've seen come through. One of them is on page 139A -- and I'll read it to you because you may not have it in front of you -- talks about outdoor display slash sale of merchandise and outdoor restaurant seating areas. Item B, outdoor restaurant seating shall be permitted to encroach up to a maximum of five feet into a public sidewalk. Now, my concern about that is, I know we had this issue come up either on Bayshore, Gateway, or both. Theres a, if I'm not mistaken, sidewalks are within the right of way. The right of way is owned by the taxpayers. How is the liability of that issue to be handled? MR. SCOTT: I think there was some discussion from a liability aspect. I'd rather have Patrick answer it. Obviously, we don't want to carry the liability. One ofthe things that we've said is that we'd like to have six feet of unobstructed, based on having six feet on collector's arterials. CHAIRMAN STRAIN: Well, if you have a six foot sidewalk, and they're allowed to intrude upon that by five feet, the publics only got one foot left to walk. MR. SCOTT: Actually, they were talking about 10 feet, and going in five feet. And we were trying to get keep six feet of unobstructed. CHAIRMAN STRAIN: That IO-foot could also be a problem, which is my second question for you. But first maybe Patrick could answer the possibility of the restaurants using tables and patrons sitting on sidewalks that the rest of the public has a right to use for bicycles and skateboards and all those good things. MR. WHITE: There's actually two sets of issues. The first of them is, I guess what I'll characterize as I have in the past, more of a real property law type of an issue. That has to do with the fact that, as you've indicated, this is essentially land that's owned by the public, by the county. And as such, there's the potential that that publicly owned land would be used for a private benefit by the individual property Page 63 16u.lL 0 December 1,2005 owners. That's not something that the courts are unfamiliar with and they generally balance the line between the use as one where there's -- so long as there's essentially more of a public than private benefit, it doesn't seem to offend those types of constitutional principles. Here, if the use were going to be one that was of a temporary or, more concretely, a non-permanent nature, in other words the tables, chairs were not permanently affixed. There's no guardrail or fence that demarks the public versus private space. I think that we can stay on the right side of the constitutional issue. The other concern has to do with the liability. And the analogous circumstance in terms of a temporary structure in a public place might be a sandwich sign that's placed out on the sidewalk. What happens in an instance where pedestrian, bicyclist, whatever, collides with the sandwich sign? I think the way the county has tended to look at those things outside of the notion of sovereign immunity is to look for the property owner -- as part of whatever is the appropriate application for development approval, STP building permit, whatever, to provide a legally appropriate hold harmless agreement that essentially absolves the county from liability. Whether, in fact, it will or not under a particular set of facts, at least we're doing on the government side, what can be done to minimize the exposure, in terms of a legal context. And, factually, I think the notion of how we minimize that exposure is, as Don has indicated, to try to have at least a six foot clear zone. And by doing that, you are looking, at least from the vehicle and other uses of the sidewalk, trying to keep them separated, so that the conflicts and potential injuries and damage to the property are minimal. So, that's probably, other than to answer your questions, you know, the shortest answer I could give you. Hopefully that helps. CHAIRMAN STRAIN: Very thorough. Thank you. What that says is that this may need to be amended to require a minimum of six foot clear sidewalk be left regardless of the intrusion, that any tables and chairs used on the sidewalk portion that is usable are portable, movable and not affixed. And that the tenant or the landowner that is using this signs a hold harmless agreement with the county and effuctuates some issues regarding liability from the public. Is that a summary? MR. WHITE: Yes. And I think the thing to kind of give you the distinction of where, I guess, a public private where there's permanent installation would be seen as acceptable. But again, with a hold harmless, would be the circumstance where you'd have someone who wants to put in landscaping rather than, let's say, tables and chairs. And that landscaping would be intended to provide an ansthetic benefit to the public generally. And being hold harmless would be intended to ensure that any maintenance or installation performed by the private property owners or their agents would protect the county. But that would be a circumstance where something that arguably is, quote, more permanent can be allowed to occupy that space. And we do that typically in a more common context with landscaping maintenance agreements in the rights of way, usually in medians. But here it could be an edge of right of way, for example, and it could be kind of a distinguishing set of facts that show you where the courts look at how you balance between a public and private versus public and public private use. COMMISSIONER ADELSTEIN: Basically the statute has been going on with the idea that if you remove it on a likely basis and put it indoors, you are guaranteeing that the owner is going to be responsible. But they can't be left out. CHAIRMAN STRAIN: I think, Michelle, you got the gist of possibly some corrections that may be needed pursuant to legal reasoning? MS. MOSCA: Yes, I do. CHAIRMAN STRAIN: Don, there's one other issue, and it's on page 139C. It actually starts at 139B. The distance has talked about from the edge of the curb. They're asking for basically amountable curb efforts. And then eight feet of landscape area and 10 feet of sidewalk. I don't believe there's any -- that kind of curbing that currently exist in that area. And I'm wondering if this is written and structured in the way it's written here, would all those have to be within the right of way, and if they're not in the right of Page 64 1." gJmler 1, ~005 way, we need provisions in here to require easements for those particular buffers or uses or edges that are being required by this code. MR. SCOTT: First of all, they aren't out there. CHAIRMAN STRAIN: They are not or are? MR. SCOTT: There is no curbing out there. Obviously, adding curbing, the one issue with that is the drainage. There is inlets on the side of the road, but the other issue with the drainage from this inlet standpoint is there's no treatment right now. That goes right out to the canals. If you put curbing in and some of the other things that we talked about, and we've talked about this in the sense that they'll have to do some type of treatment, but hopefully it will be shared treatment, but obviously it depends on how these developments come forward. CHAIRMAN STRAIN: For example, the thing in front of you, look at the three blocks on the north side of the Parkway. What if the guy in the center lot and that block, bulldozes down his duplex and decides he wants to put a commercial facility there to meet the minimum standards of this code. How does he put the curb in and all the other elements that are requested in this code or required in this code right now? MR. SCOTT: It's problematic to do one little piece of it. Now, one of the things we talked about is trying to do a mass -- kind of a master plan from that side of it, the drainage -- and I don't know how we're going to address that as we go forward. CHAIRMAN STRAIN: All those things are good. And this is a good idea for Golden Gate. I don't have a problem with that. I'm just concerned that if we pass this code and someone walks up and says, okay, I own that piece of property, here's what I'm going to build here. It's going to meet the code, how do we tie all these elements in that nobody on either side of them or behind them or anywhere else has done? How is the approach going to be handled or required to be handled? MR. SCOTT: That's where the drainage side of it is such -- I mean, someone coming in developing a small parcel by itself is problematic without doing other parcels with it. CHAIRMAN STRAIN: Well, okay. And, again, I'm back at the position, if this gets passed and someone tries to functionally use it, can they? And what do we do to allow them to use it, based on the fact that it becomes a law of the land? Has anybody looked at any of these long term problems or issues? Russell Tuffhas. COMMISSIONER TUFF: On the south side of the Parkway, they did a similar thing where you cannot develop your property unless you combined all these units. That way you don't have little tiny little spots. What you're describing, if this guy wants to buy this little spot in back and do all that, he can. CHAIRMAN STRAIN: It doesn't say that in here though. I understand what-- COMMISSIONER TUFF: I mean, he can if you will allow him, but it's intended so that he has to get an order to make it happen, because the requirements won't allow it. He can do it ifhe could pull it off. CHAIRMAN STRAIN: What I'm getting at is, don't we need to have a paragraph in here about aggregation of properties in order to function? COMMISSIONER TUFF: That was done and then it was taken off because they said you can't do that. CHAIRMAN STRAIN: Okay. Well, maybe I'm missing something. If! am, that's fine. I'mjust wondering how a property owner who wants to abide by this can do so at this point, a single property owner. MS. MOSCA: If! may, Mr. Chairman. We do have a provision in the overlay which states that the overlay district encourages the aggregation of properties. That's what the intent is, to have those aggregational properties in order to accommodate the type of development. CHAIRMAN STRAIN: And fthe guy that was buying it wasn't encouraged enough monetarily to Page 65 1611 December 1, 2005 . buy any other properties, could he still build his one single unit commercial in the center ofthat block? MS MOSCO: I would say that he would have a very difficult time. CHAIRMAN STRAIN: So that means this property can't move forward until a group of these people get together and agree to have it move forward. MS. MOSCA: And I believe, and maybe some ofthe members of the formal ADHOC Committee can speak to that, but my understanding is that that was the intent of this particular area, again, that they would encourage aggregation of properties. Whether, as you had stated, the individual in the middle is able to develop his property, that may not occur without the additional properties. CHAIRMAN STRAIN: As long as it's been thought out, that was my concern. Don, I guess to go back to my original question, by the time you put a curb in and eight feet of landscape buffer, which is required, and ten feet of sidewalk, you have 18 feet, actually probably 20 feet because the curb is about two feet from the edge of payment. Now, is the roadway right of way in that area 20 feet deep to fit all this stuff in? Or if it isn't, what provisions are needed to be included in this code to allow us to require this on private property with the right legal documents to make sure it can be put there? MR. SCOTT: I went out there, and the bad side of the history is I actually tried to go out and get as builts for the road and I couldn't find any. It used to be a state road at one point. CHAIRMAN STRAIN: No building permit? That means the road's got to come out. MR. SCOTT: Anyway, back then it probably did. As best I could, and I'm not talking about survey work, I went out and identified the right of way line, and it appeared to be about 16 to 18 feet back from the edge ofthe pavement right now. So some of the original things, and I thought it was eight -- I thought it was six feet in the front, but I could be mixing that up with Gateway, Bayshore too, plus the 10-foot sidewalk. You were talking about, 16 feet so it was possible. Let's put it that way. CHAIRMAN STRAIN: Where is the utility easements in this normal right of way like this? MR. SCOTT: Right now the utilities are out there. Some of them are under the sidewalk, on the edge of the sidewalk. There was like PECO Gas is out there. Gas line. There's water line in there. Some of those will probably have to be either under the sidewalk, or possibility for some of it, there's telephone line on the -- on the -- what do you want to call it? The road in the back there. CHAIRMAN STRAIN: Alley. MR. SCOTT: The alleyway right. So that's possible too, just depending on how it develops. CHAIRMAN STRAIN: There's not a concern about an easement for utilities? Basically you're allowing utilities withing the right of way in this particular location? Because elsewhere in Collier County your private utilities have to go in easements 10-foot outside the right of way. MR. SCOTT: Actually, we have the utilities within our right of way all over the county. But, of course, as we widen roads, that's a concern, but they have to move them at their cost, so -- CHAIRMAN STRAIN: Okay. Just in case though, ifit is 16 feet, and we need 20, maybe some language can be added, Michelle, that indicates a property owner will have to provide the required amount of frontage to allow these elements to be added by an easement to Collier County for public use in regards to sidewalks, or whatever else has to be created to meet the stiffness of this code, or the code has to have some flexibility, so in those areas you can't fit 20 feet, the applicant is not coming in for a variance to reduce these by four feet, or whatever is needed. Is that something that you thought about? MS. MOSCA: Well, we could write something into the code. But it might be preferable to actually reduce the width of the sidewalk, because if we're going to start requiring, or if these cafes want to locate tables, chairs, et cetera, they might as well, at this point, locate it on their own property rather than in the public right of way. So, if we reduce it, we still get the same net affect. We'd have the six feet unobstructed because there would be no chairs, et cetera. CHAIRMAN STRAIN: And either way-- Page 66 '1 " 1 December 1, 2005 o " .<'.-" MS. MOSCA: And that's an option. So, what I can do is go back to the former ADHOC Committee and see how they feel about it, or ifthey perhaps want to speak to that issue today. CHAIRMAN STRAIN: I would have attended the meeting, as I have started to, but Mr. Tuff got appointed to this panel, and he and I couldn't be sitting in the same meeting together, so I didn't attend it. I would have expressed this earlier had I known it. If somebody were to modify so there's some flexibility so applicants aren't coming in and looking for variances for a foot or two all the time, that would probably be helpful. MS. MOSCA: My concern would be if we required the 10 feet wide sidewalk and then one property owner wasn't able to include ten feet, let's just say, and they had to reduce the sidewalk, or give up part oftheir property, that may also be problematic. I guess I have to think about it further. CHAIRMAN STRAIN: Okay. MS. MOSCA: I mean, that's an option. Maybe Patrick might have another option. MS. F ABACHER: Mr. Chair -- excuse me. CHAIRMAN STRAIN: Yes, Ma'am. MS. F ABACHER: Catherine Fabacher, zoning. Stafflooked at this extensively with Don's staff and our staff for Bayshore and Gateway Triangle and we kind of convinced them to have straight trees and have a larger sidewalk, but they eliminated that big planting strip out there, so that kind of pulled the sidewalk further out. But the sidewalk would still encroach on the property and the property owner would give an easement for liability purposes. You know, not maintenance. They didn't agree to -- they agreed to liability on the sidewalk but not maintenance. Is that what right of way he was talking about? MR. SCOTT: If you ask the question too many times here, we don't want liability, we don't want maintenance. It keeps going on and on. One of the things with the maintenance side, since you bring it up too is, we don't maintain -- we essentially maintain like pavement or asphalt or concrete. When you start doing brick pavers, things like that, we don't maintain that. Obviously that was a discussion we had at Bayshore and Gateway also. CHAIRMAN STRAIN: I just think, as far as direction, Michelle, I don't know if anybody here is objecting to any of this, but we've got to get these issues cleaned up on this particular document. COMMISSIONER ADELSTEIN: If you maintain it, you have the obligation to pay for it that way. You have no choice. Both of those go together. MR. SCOTT: Not if it's above and beyond what we have out there right now. For instance, the asphalt sidewalk that's out there right now, if someone wanted to come in and put brick pavers up and down it, we don't have to maintain that. A lot of places -- COMMISSIONER ADELSTEIN: No, you don't. The minute they do, they have to. In other words, it comes with -- when you do the work, then you maintain it. That's their responsibility. As long -- MR. SCOTT: Because of the landscaping and other things we have raised, there will be separate agreements with either a group of them or singly that they will maintain. COMMISSIONER ADELSTEIN: If you put it in, I can't think of any law obligation more perfect than, if you want to put it in, you will maintain it. CHAIRMAN STRAIN: Okay. Any other-- COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: One thing is, the landscaping, we're saying it has to be per our landscape code, which again, is a suburban code. Does that mean we have to do the buffers and everything that the code requires? MS. MOSCA: Unless it's spelled out otherwise in the overlay, yes. COMMISSIONER SCHIFFER: And are there areas -- like, for example, this conversation you're Page 67 1 ~ 11. December 1, 2005 having, there's nothing in there that precludes the front buffer that's required, is there? CHAIRMAN STRAIN: What do you mean precludes? COMMISSIONER SCHIFFER: In other words, the building wouldn't have to have a buffer on the front setback? MS. MOSCA: Yes. COMMISSIONER SCHIFFER: You're saying Golden Gate, you've got eight feet oflandscape, you have to have a ten-foot sidewalk, then you also have to have a commercial buffer, but I don't think that's what this thing is intending. What it's intending is to have is restaurant seating. I don't think, you can't have seating in the buffer. MS. MOSCA: Well, there's an exception for the properties along the Parkway. They would have to provide planters or planter areas. So it wouldn't fall back on the landscaping and the code. COMMISSIONER SCHIFFER: It would go back to setbacks. In other words, somewhere -- CHAIRMAN STRAIN: Page 139C on the top there's some landscaping elements, brad, right above the area we were just talking about. COMMISSIONER SCHIFFER: Well, find me something that gets rid of that buffer. MS. MOSCA: That's actually on 139C, that's referring to that eight feet wide landscape strip in the right of way. CHAIRMAN STRAIN: That's what I thought he was referring to. MS. MOSCA: I thought he was referring to the building around the actual -- on the property. COMMISSIONER SCHIFFER: You've got this urban thing in your mind up to the property line were doing fine. Once you hit the property line, you've got a landscape buffer such as you have up in front of Longhorn. And then you have -- and the building setback issue is on page 136, the setback. There's some changes to that now, as I'm trying to catch up on the fly zoning here. but the intent of this, I think is that -- first of all, all projects provided in front setback greater than zero feet. That's essentially all projects. That must be restaurant seatings, have decorative planters. See, I don't even think that exempts you from the landscape buffer. There is argument -- I think there was code even that if the setback is less than the buffer, the buffer can be reduced to that setback. But, again, you're trying to create an urban scene here. I think landscape codes, suburban landscape codes -- another issue is not just buffer since we have perimeter planting, we call it foundation planting. We have foundation planting requirements that would require landscaping around the building. And then the other question in this, I think is not caused any urban thing is, we're not allowed parking structures yet we have reduced parking requirements. So, how are we going to handle -- where is the parking going to go? And when you did this thing, is there any kind of street section? I mean, the typical planning showing what these words mean and, you know, graphics? Have any of those been prepared to show on the street parking stuff like that? MS. MOSCA: What I'd like to do is probably defer to a few of the committee members, if! may. CHAIRMAN STRAIN: Before, Michelle -- I think Mike Sawyer is here. Mike, could you comment for us in response to Brad's concerns about the landscape buffers and how the LDC would apply to this overlay, if you are aware of it. I don't even know if you've reviewed this or not. MR. SAWYER: I'll try. CHAIRMAN STRAIN: Okay. MR. SAWYER: Commissioners, for the record, Mike Sawyer, State Planner, Zoning and Land Development Review. I did not work on this particular overlay. Nancy Goodlock in our office actually did. My understanding ofthat at my level, was that the landscape requirements were going to be placed in that eight foot landscape area. Now, whether that's actually happening in the document before you Page 68 1611 December 1,2005 . or not, I don't know. Normally on projects like this, as the commissioners have stated, you would normally have at least a ten, possibly even a 15-foot wide type D buffer adjacent to the property on the property line from the property line in adjacent to the right of way where the building is. Normally you would have also for a small building at least a five-foot wide building perimeter planting area, the foundation planting, that would be 10 percent of the buildings footprint. If the building is larger, taller, that can go up. I can't imagine these developments, these smaller lots like this that getting bigger than normal five foot. CHAIRMAN STRAIN: I think that confirms your-- COMMISSIONER SCHIFFER: My point is, we all have this vision of an urban area, yet we are putting suburban requirements still on it. I think it's a simple thing to fix. It's a matter of eliminating certain things from the landscape code. In other words, if you eliminated the buffer requirements, or at least eliminated it in certain parts of the site, that would do it. If you eliminated the foundation planting requirements, I think that would do it. You know, you have to do that, otherwise you're building a suburban project no matter what you do. You can write all the words you want, you're going to end up with suburbia. CHAIRMAN STRAIN: Thank you, Mike. I appreciate it. Michelle, is that enough food for thought? MS. MOSCA: Yes. CHAIRMAN STRAIN: Any other questions of Michelle before we get into public speakers? COMMISSIONER SCHIFFER: Let me go back to -- the parking garages are not allowed in this district, correct? They call it a parking facility. I assume that's where a parking garage is hiding these days. MS. MOSCA: I would have to check the SIC code. I was thinking that parking lots were permitted. COMMISSIONER SCHIFFER: We have to have a parking lot, I hope. MS. MOSCA: Right. But just on a particular lot. For example, we would allow parking. COMMISSIONER SCHIFFER: But if you're going into an suburban kind of density, I think you really should provide the ability to build parking structures. MS. MOSCA: What I could do is check the SIC -- COMMISSIONER SCHIFFER: There is no SIC code for -- MS. MURRAY: Michelle, my recommendation is, if you want them, just make it clear that they're permitted in there. MS. MOSCA: The parking structures? MS. MURRAY: Yeah, if you want a parking structure, which I recommend that to you. MS. MOSCA: Okay. CHAIRMAN STRAIN: I bet you we're going to hear from the committee on that. COMMISSIONER SCHIFFER: And maybe you don't. There is an answer to saying, yeah, we want density but not that much density, so we're going to control -- CHAIRMAN STRAIN: We'll find out in a minute. Did you have anymore questions? COMMISSIONER SCHIFFER: No, I don't. CHAIRMAN STRAIN: Okay. Thank you. Catherine, who are our speakers? MS. FABACHER: Okay. Our first speaker was Ms. Newman, Cheryl Newman. MS. NEWMAN: I'll let the chief go first. CHAIRMAN STRAIN: He's the chief of the committee as well. MS. F ABACHER: I'm sorry, Don Peterson. I just took them in the order in which they came. MR. PETERSON: Good afternoon. For the record, my name is Don Peterson. I'm one of the original members of the ADHOC Committee. Couple ofthings to start out with, the whole committee and the area that was identified, we knew up front that there was going to be problems in changing the area. We were going to have problems with Page 69 1....'Jl Beller 1,-2005 meeting existing county standards, but we also knew that the community would like to clean that area up, and we needed to do something. So the recommendation was made that we identify it as an overlay area, because within that geographic area, we determined whatever those standards are that should go in there. Number one, we knew up front buffering was going to be an extreme issue; number two, keeping existing people whole. We wanted to make sure that nobody that was homesteaded in there was evicted as a result of this. And as the buffering requirements and di fferent things occurred, that anybody that wanted to stay there could still stay there and be whole, and potentially the development could not occur until that homesteaded person moved out, or somebody bought them out, whatever the case is. We want to parallel as much as we could with the Golden Gate master plan because it's, although it's a separate piece of that, there were a lot of standards we're trying to incorporate in there. Some of the areas we tried to take off was Santa Barbara Boulevard on the east side of the road had some cited areas where it was residential and commercial. Alleyways are in there. Similar type of situation here where the alleyway dissects the block in a couple of places. Utility, the alleyway down the middle of these blocks right now there's a high tension power line, garbage is collected. This alleyway -- this alleyway right here. So there are some things that would have to be relocated. There's alleyways here. However, the committee looked at it as that's part of the development. If a commercial person wanted to buy that much property up, then that's what he would have to do and potentially vacate it, relocate utilities and everything. But that was all part of the discussion. As well as on the south side of the Parkway, there's been some recent developments. You were talking about the road buffering areas. In that particular case, the property owner does maintain that all the way up to the road edge. He's landscaped it better than what the normal county standard is, and that was some of the discussions we had with, if somebody owns it, they would be maintaining it because of the small space would not be practical from a county maintenance standpoint. And we had several public meetings asking the public, and they were reluctant to come in the first place because they looked at it as government was just going to do what they wanted to do. And we kept telling them no, you, as a community need to share with us what you'd like to see in there. So that's what we have attempted to do with our documents to remove some things, and parking structures, I don't recollect was any part of that discussion. It was always flat behind buildings, shared parking type of things that just as the back side of the building was to look the same as the front side of the building. We didn't want ugly alleyways put back in. Fifth Avenue type of frontage where somebody could have a table out front if they wanted to. And we knew again there was going to be some buffering issues, landscaping issues that would have to be worked with there. So we've tried to -- I know the document has gone through several revisions on it, but kind of in a nutshell, I think that's basically what we were looking at, trying to change the area because the need is there for commercial. We've got some -- so many folks coming from the Estates area in and several staff members have indicated really that's going to be the heart of the county at some point. So it was an attempt to get started and get something moving in there. And the multi-family right on the Parkway, having been there 25 years, is getting to be a real problem with the traffic out there. And maintenance and community would look better forward. So, we tried to work through some of the signage issues. We know there's conflicts with the existing ordinance. I know there's some changes that were coming up today before you. I don't know if you've dealt with those yet, but signage would certainly be some issues. We'd tried to geographically take that area, make it as friendly as we can with the residents that would stay and still allow it for commercial that somebody could be affordable. Multi ethnic and diversity. That's a walking community in that particular area, so it needs to be -- sidewalks need to be there and be very walkable pathway type of a facility whatever is put in there. Thank you. CHAIRMAN STRAIN: Thank you, Don. COMMISSIONER SCHIFFER: Just a couple questions. Page 70 ~eQll1, 2ot>5 CHAIRMAN STRAIN: Don, stay up there. COMMISSIONER SCHIFFER: The shaded area in the map, how is that determined? And a question I have is, if you look at the southern part there's a row of houses coming down on the right-hand side that are not included. Why wouldn't they be included, just out of curiosity? MR. PETERSON: This area right here? COMMISSIONER SCHIFFER: Right. They would be facing golf course views. So the intent is they'll probably stay single family. CHAIRMAN STRAIN: Well, with that kind ofview and amenity, how would you aggregate that block really to make it enough depth to be effective for parking, water management, everything without -- COMMISSIONER SCHIFFER: Is the intent that these projects will be bought through the alleyway will be vacated? Because the alley could work out to be an excellent way to do services and stuff. MR. PETERSON: Well, that's one thing we didn't get into because different developers would do different things, and the traffic pattern may require different things. We try to identify the physical area and then let the developers determine how they're going to have to relocate utilities, where it's going to have to go and those kind of things. That's why we're trying to stay with large areas that we knew multiple parcels would have to be put together to make some of the basic stores even work in there. COMMISSIONER SCHIFFER: How difficult is it to cross Golden Gate? I mean, if this was a downtown development as shaded, would somebody be able to physically walk across Golden Gate to get to the other side? MR. PETERSON: Currently there is a school crossing traffic light that's right in here where they cross every day. There currently is no facilities to accommodate crossing at any other point at this point. The hotel Quality Inn is down here. This is all residential area here. And as long as the golf course stays there, this would probably not change because the utility, water utility is right here. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Thank you, Don. Next public speaker. MS. F ABACHER: This to going to be Cheryl Newman. MS. NEWMAN: Good afternoon, Commissioners. Cheryl Newman, former ADHOC Committee also. Chief Peterson pretty much covered everything. I think that showed your concerns. The question you had regarding -- CHAIRMAN STRAIN: There's a hand-held speaker there, Cheryl. MS. NEWMAN: This area here you were talking about, these are single family residences all along here. On this side is where we had some duplexes and triplexes, so that's why you don't see these in the shaded area. I don't think I have anything else to really cover, other than there was an issue about the water management. When we were looking at this, we were trying to figure out how people could really develop this and that's where we came up with the 3,000 square foot minimum and that would be, someone would have to assemble a minimum of about three lots -- three to six -- wait. Four to six lots to get that because those lot sizes are small across the parkway. And water management was a big issue there. Water management is a big issue in Golden Gate throughout the whole four square miles. And what we were looking at was shared -- I think Don kind of alluded to it, runoffs where the ponds that they're doing now where there's a water management area, enhance those in that area itself, where it would be attractively landscaped and things like that for some of the water issues in that area. I can't think of anything else. Don pretty much covered everything. COMMISSIONER SCHIFFER: I had a question, but I don't have anymore. CHAIRMAN STRAIN: Do you like parking garages? MS. NEWMAN: No, I do not. CHAIRMAN STRAIN: Okay. The discussion about the parking garage, do you believe it's the Page 71 11 !L r e'; ~lOtil . December 1, 2005 committee's intent to have a parking facility there of more than an open lot? MS. NEWMAN: I believe they intended for all-- most of the people to travel to that area would be walking, biking. We have a lot of walking traffic in that community, especially in that area. And so the parking would be more of a shared parking lot behind with the buffering from the residential. CHAIRMAN STRAIN: Okay. Thank you. Are there any other public speakers? MS. F ABACHER: No. CHAIRMAN STRAIN: I'm a little concerned about how to move forward here today. I know that we talked about having one meeting. Does that mean, and maybe it's Patrick that has to answer this, or whoever, do we need to take a position on every single one of these today in order for it to move forward, or are we going to request that staff keep coming back until it's perfect? What are the recommendations here? This could go on for months. And I know we'd like to get some of these forward and this LDC cycle to finally end, so I'd like to see it end. It's been going on for four months. MR. WHITE: Well, obviously, you have both of those options. And as far as making a recommendation, it would be to decide those things you are absolutely comfortable with, and if you can leave out the ones that you are uncomfortable or unsure about, then perhaps you carry those forward with the rest ofthis cycle through the Bayshore, Gateway pace, through whatever other, you know, time line may develop. And worst case, if you have to shift it to the first cycle of'06 to complete the task, those would seem to be the full range of choices that you have. But they're all at your discretion. If you're hinting at the idea that you wanted to have a second hearing about them, certainly that's an option as well. But I think you can achieve the same objective simply through a succession of continued meetings under the first public hearing. CHAIRMAN STRAIN: I would like the simplist solution. I think that would be the simplist. At this point then the committee has provided some definitive direction to Michelle. We want Michelle to come back with corrections. Or, Michelle, what's your recommendation? Do you feel you can make the corrections that are needed and move it on to the BCC for further discussion pending the outcome of this? MS. MOSCA: I feel I'm able to make the corrections. I will have to go back to the format ADHOC Group to actually go through some of the SIC codes, because within the overlay now and the tables -- for example, someone had mentioned parking structures. It is permitted under that SIC. So I want to make sure that the committee knows exactly what uses are being provided under those various SICs. So I'm able to go forward to the BCC. CHAIRMAN STRAIN: I would think that would be the wisest. So now, Patrick, as far as the various elements we've got to discuss, we just got past the clam nursery, but we didn't take a position on it. Would it be best, just for clarification, simplification, after we get done talking about each one just to give it a recommendation for moving it forward, or coming back for further discussion? MR. WHITE: My answer to that will be dependant upon my question to Catherine, which is -- or the recollection of any of you commissioners, what did you do with all of the matters previously? I can't recall whether you voted on them -- MS. F ABACHER: We voted. MR. WHITE: -- and found them consistent. If you have, then I would suggest doing likewise for each of the pieces you want to bite off today. CHAIRMAN STRAIN: Okay. Good. then let's just get done with them and move them forward. Thank you. Is there a motion on the Golden Gate overlay? COMMISSIONER SCHIFFER: Mr. Chairman, one thing. I mean, I think that landscape issue is something that really has to be seriously looked at. I don't think if we forward it from here, it's going to be tough if they don't look at it from here. MS. F ABACHER: Mr. Chair, may I suggest that we do kind of -- we could defer this until after the Page 72 1611 December 1,2005 . Bayshore and Gateway on the 15th, this aspect, and by that time we'll have a good chance to look at what modifications they made along those lines, and Bayshore and Gateway. Because basically -- COMMISSIONER SCHIFFER: Similar. MS. F ABACHER: Yeah. Don and his staff and our staff worked on those, and it had the same beginning. If you'll recall, we'll just kind of piggyback this one onto that one, which has been significantly changed. So maybe it will all be clear, you know, when we get to that. Ifwe don't defer too much to the 15th. CHAIRMAN STRAIN: I was comfortable with the direction given. I was comfortable with the fact that staff knows the problem that Commissioner Schiffer is speaking of, and I was comfortable with the fact that Michelle is very competent. And I'm sure with her discussions with the committee, they can move it forward. But if this commission wants to hear it again, I have no problem with that either. My personal feeling is this can go forward. COMMISSIONER TUFF: I make a motion we approve this to go forward. CHAIRMAN STRAIN: Recommend for approval to the BCC with corrections that we noted to Michelle today? COMMISSIONER TUFF: Yes. COMMISSIONER ADELSTEIN: I'll second. CHAIRMAN STRAIN: Motion made by Commissioner Tuff, seconded by Commissioner Adelstein. Discussion? COMMISSIONER SCHIFFER: Discussion is -- I mean -- I think first of all, I think what Catherine said is correct. This is -- this third project is the same as the other two, they're both urban creatures. They both have similar problems with landscape. I would like to see how they work it out. I don't know how they're going to work it out. So, we're just trusting the fact that these work out. But the problem is in the field when you design -- like Bayshore had this problem -- is that you couldn't obtain what the overlay wanted because of the landscape code, and this one has that problem. I think we should -- somebody should look at it, we should look at it before it goes to the commission. CHAIRMAN STRAIN: Commissioner Caron? COMMISSIONER CARON: I think it's a pretty easy thing to take a look at it right after we do Bayshore and Gateway. This is not an attempt to hang it up. It's an attempt to just make sure that all the issues have been addressed so you don't go through to the BCC and then have them ask you a bunch of questions that, you know, that need to go back. CHAIRMAN STRAIN: And I don't doubt your statement at all and I -- but I don't see the need to keep bringing it back either. As far as I'm concerned, if the motions made to move it forward, I'm willing to move it forward. I'm sure the issue is going to be adequately addressed by staff's review. They know it's there now. If there were to go to the BCC and this wasn't addressed, I think they would have a very difficult time in the future with that issue. COMMISSIONER SCHIFFER: Mark, aren't these all going to go to the BCC at the same time anyway? CHAIRMAN STRAIN: I don't know what the BCC's agenda is for receiving it. I don't know how that's handled. Do they get the whole packet at once, the BCC? MS. MURRAY: Yes. We're waiting for you to finish. CHAIRMAN STRAIN: So even if we approve this today, it's not going to make any difference because you are not going to move it forward until after the Bayshore Gateway? Well, then let's bring it back. I mean, you want to recall your motion? COMMISSIONER TUFF: What I don't want to have it do is not go through because -- what's there now is not acceptable. People are going to do whatever they want. Having a faulty one is better than -- Page 73 1611 · DecemDer 1, 2005 CHAIRMAN STRAIN: Well, I was trying to expedite each one of these that we can, but if this is going to have to sit and wait like everything else -- MS. MURRAY: If something should happen -- I'll just throw this out for consideration, but I don't think it really should impact. If something should happen where something is really significantly delaying the cycle, and it's one or two items, we will likely just move forward with the cycle. I don't anticipate that happening. I just wanted to let you know. CHAIRMAN STRAIN: You're not going to schedule this before we finish on the 15th with Bayshore Gateway? MS. MURRAY: What the plan is now is to take everything. CHAIRMAN STRAIN: We might as well just use that date for everyone. Do you want to recall your motion, Russell, and recall the second, Commissioner Adelstein? COMMISSIONER ADELSTEIN : Yes. CHAIRMAN STRAIN: So, Michelle, you have your direction. We'll just wait to hear from you on the 15th. MS. MOSCA: Thank you. CHAIRMAN STRAIN: Thank you. You'll give us another package I bet too. MR. WHITE: Highlighted in orange. CHAIRMAN STRAIN : We're running out of colors. As far as the clam nurseries, why don't we finish up and take a position on that. MS. F ABACHER: Okay. I just talked to Susan, and she said not to have any problem, let's just strike out that last provision, the number nine that talked about the permitting and all of that. MS. MURRAY: There's no difference between farming and nurseries. It doesn't make a lot of sense to have that requirement in here if they're willing to have the use as a permitted use on residential property. CHAIRMAN STRAIN: Then is there a recommendation to approve section 2.03.07J with the striking of item number 9 and finding it consistent with the growth management plan? COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Motion has been made by Commissioner Adelstein. COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: Seconded by Commissioner Tuff. Discussion? All those in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anyopposed? None. COMMISSIONER SCHIFFER: We have saved thousands of dollars and many many months. CHAIRMAN STRAIN: We're back on page -- give me a guess. MS. F ABACHER: Okay. We're going to go to page nine of the summary sheet. And we're at the top of the page for section 2.04.03, land uses can be allowed as conditional uses. It's page 140 of your packet. And what essentially we've done, this is your original packet and this has been there from the very beginning. The definition and the use of a sporting and recreational camp was omitted from the recodification. And there's some projects that have come up now, and staff has asked that it be put back in, the definition, and that it be returned as a conditional use in the -- let's see. Page 74 1 1;, ,. J1 (c:'~, I' 0 December 1, 2005 MS. MURRAY: Rural agriculture zoning district. MS. F ABACHER: Thank you, boss. CHAIRMAN STRAIN: Okay. Are there any questions from the planning commission? Are there any representatives of the public that wish to speak? MS. F ABACHER: I believe so. CHAIRMAN STRAIN: Do I have a motion for Section 2.04.03? COMMISSIONER TUFF: So moved. CHAIRMAN STRAIN: Motion's been made. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Seconded for approval. For approval. Any further discussion? Hearing none, I'll call for the vote. All those in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Nobody is opposed. I counted the ayes. MS. FABACHER: We're still on page nine of the summary sheet, and we're into the next item which is scribner's error, which is section 2.04.03. It is on page 142 of your original packet. And essentially we were going to remove single family detached as a permitted use on the golf course district, which was accidentally put in there, and we're going to add it as a permitted use, single family detached residential in the RMF 12 district, which is on page 143 of the use table. You see it's got a footnote to it. Does everybody see it there? P25, and the footnote says, single family dwellings are permitted only on existing nonconforming lots, subject to the lot design requirement set forth for the residential single family six in section 4.02.01. So that just says that when you're putting in a single family on a nonconforming lot in some place that's zoned RMFI6, it's telling you that you need to go to the dimensional requirements for the single family lot in RMF6 in that table when you're putting it in in RMF 12. CHAIRMAN STRAIN: Are there any questions from the planning commission? Do we have any public speakers? MS. F ABACHER: No. CHAIRMAN STRAIN: Is there a motion for section 2.04.03? So-- COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: So motion to approve by Commissioner Adelstein, second by Commissioner Murray. Discussion? All those in favor. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) Page 75 1611 December 1,2005 . CHAIRMAN STRAIN: Mr. White, you're scowling. Are we doing something wrong on this item? MR. WHITE: No, I'm not. I'm hoping that the motion in the second and the vote included a finding of consistency with the comprehensive planning. CHAIRMAN STRAIN: I did it the first time, but I forgot that at the second. They are all consistent. I forgot to do it at the first one. I thought it was none a given. We're on page ten. MS. F ABACHER: Page ten. CHAIRMAN STRAIN: 145. MS. F ABACHER: 145 in the old packet. What we've done is there's a setback of so many feet if your seawall is a certain height, and so many more feet if the seawall is a certain height. The problem has been is the people have been capping the seawall and adding extensions to it so that they can move closer to the water. You know, so kind of what we -- staff looked at this and we thought about at first setting it on some mark on the water to say how high the seawall could be. And then secondly we realized that most of the properties were developed and these are just little infill pieces. So if we set it down here and everybody else was here and here and here, it might look pretty gap tooth and, you know, it might be pretty unattractive. So Mike Bosi wrote at it and said why don't we make it an average between your two adjoining seawalls. CHAIRMAN STRAIN: If there's a difference in height between the seawalls. MS. F ABACHER: Exactly, instead of starting from scratch because it's mostly infill. That's what we do. Mostly done in the standards for accessory buildings and you can see the setbacks. It's on number four on page 146, swimming pool and screen enclosures. And it says 10 feet for the rear setback and then it's footnote three. If you turn the page, footnote three says, we've added the bench mark elevation of the top of the seawall, or top of the bank for determining the setback for the rear yard accessory setback on a partial shall be no greater than the average elevation of the top of seawall or top of bank on the two immediate adjoining parcels. So we did that. And then there's one more place we did, and that is on top of 147, and that was the attached screen porches. We had the same issue with that. So, we put a footnote four, which is the same thing. And so-- Susan, help me out. If the seawall is so high you can go seven feet from it? MS. MURRAY: You're explaining it right. I think, just so you understand, depending on, it's really kind of depending on the height of your accessory structure, which is typically a swimming pool and it says swimming pool deck exclusively here. So, what happened was, and I don't remember the date that this was originally amended. Probably close to seven, eight years ago. But, people were elevating their swimming pools so they didn't have to step down, for example, might be one reason they do it. And they were creating large walls kind of behind their seawalls and it was becoming very, I think, was perceived as being very -- I think it was perceived to be very obtrusive to a waterfront view. So, if their swimming pools were elevated above a certain height, they had to retain a greater setback. So that setback moved to 20 feet versus 10 feet if you elevated it. The problem is that the code doesn't have -- there's no design provision for seawalls. And there is, as perceived by staff, a loophole in the code where you can actually manipulate your seawall in such a way that you could achieve that 10- foot setback rather than the 20 feet requirement, even if you were -- your swimming pool was elevated above the minimum requirement. So this is an attempt, and we could really use your help on this if you have any other insight or comments on what we could do, but it's an attempt to try to regulate seawalls to an extent that that doesn't happen, and eliminate the loophole. There are no design criteria for seawalls adopted. I mean, pretty much people put in the standard seawall, but somebody discovered a loophole and now has claimed to be able to have that reduced setback because they elevated their seawall and backfill. MR. WHITE: What I think is happening in the marketplace is that people have found that it is less Page 76 1611 December 1,2005 . expensive to elevate the top of the seawall to extend it in kind of a vertical direction so that they avoid the cost that's otherwise required either to obtain a variance or to move to achieve the greater setback. And so what the code is looking to do is to find a way to, as best as possible, maintain the most aesthetically pleasing and consistent height of those seawalls so that there isn't, you know, an unintended consequence of essentially subverting the greater setback. COMMISSIONER CARON: How does this prevent what we have happening up in Vanderbilt right now where not only did they put a wall on top of a seawall, but they also extended it out? MR. WHITE: Well, I believe that some of the provisions we're looking at for measurement under 4.01.03 in this cycle will address those concerns. What it can do with respect to that specific project is probably nothing, because similarly this provision itself was in part prompted by that particular fact pattern as well as other similar ones in that area of the county and other places in the county. The economics have driven this. And at this point, we're adapting to those changes. CHAIRMAN STRAIN: Commissioner Schiffer? COMMISSIONER SCHIFFER: Susan, one thing you said, we do have a seawall ordinance. It goes back to the early '80s. It described all the components of the seawall where the setbacks of seawalls are measured, how they're constructed. What's the seawall. What's the seawall caps. I think it's not fair. And what's happened is, no one has been honoring those ordinances. They're in our land development code reference. What's happening is, people are building walls on top of seawalls and saying, look at my new seawall when they're not seawalls. They're walls on top of seawalls. I think this ordinance is good because it may chase away tricksters like that, but I mean, we do have a problem with it. The one that Donna referenced is a fake out. It's not a seawall extension. MS. MURRAY: Yeah. Everybody has a different opinion about whether it is or isn't a seawall. And I don't really want to go there. COMMISSIONER SCHIFFER: You should go there. MS. MURRAY: Well, lean. COMMISSIONER SCHIFFER: Go there and read that ordinance then you'll know what a seawall IS. MS. MURRAY: Well, Patrick may advise me on this. MR. WHITE: Remember, we're in the midst of what it is that the Federal Government is telling us are minimum elevations. I don't know that that older ordinance is one that adapts and looks at those higher elevations or not, but certainly we all could benefit from going back and looking over the existing regulations no matter how old they are. If for no other reason than to see whether they should be -- COMMISSIONER ADELSTEIN: Why don't we ever have to raise the seawall? Why don't we make a standard that you cannot raise the seawall. You may repair it back to that same height, but you cannot raise it. COMMISSIONER SCHIFFER: If you read the ordinance, you'll see that there's been reasons that -- the raising of these seawalls, this little game everybody plays, I don't think it's allowed. First of all, it will cause scouring if there's ever flooding. If water ever comes over these seawalls, these little walls on top of walls, they're going to mess up the whole wall and the neighbors. Patrick, I don't think you can build seawalls like these anymore. MR. WHITE: I believe that the one that's in question is fully integrated and is not -- from an engineering perspective, I think this is one solid piece. COMMISSIONER SCHIFFER: This isn't a place to discuss the specific issue. COMMISSIONER ADELSTEIN: I made a statement and it went right back. Is something wrong with it? CHAIRMAN STRAIN: Go ahead. Page 77 16 ~ -; . Decem!er 1, 2005 COMMISSIONER ADELSTEIN: The idea is you cannot, an individual cannot raise his seawall. It is what it is when he purchased it. That's all there is to it. Now why would we not go with something like that so they cannot raise it? MR. WHITE: I think the public policy reason that is you want to allow people to protect their property from sea level changes, from hurricane damage. Whatever the case may be, I think -- COMMISSIONER ADELSTEIN: At which point they can go before this committee to ask to have it raised and give a reason for it. MR. WHITE: Certainly that's a process option. But you asked the question from the perspective of why, and I think some people may desire to actually pay more money to protect their property, and others have certainly used the rules as they are presently written and we're trying to change them to avoid the greater cost of the greater setback. CHAIRMAN STRAIN: Mr. Adelstein, are you finished with your questions? COMMISSIONER ADELSTEIN: Oh, the point was, we've been through this area. I've seen it happening. I can see we've had it come before us. The idea is that a seawall is there when they buy it and it should stay that height unless they can come before the Collier planning commission for a variance and they can come in and bring it up, but at least they would have to do it in that manner. MS. MURRAY: I'm not going to defend what we have here as being the only option. And as I preface my statement, we'd love to hear your comments and suggestions. We really -- and this again, I think, and Catherine mentioned to me, that perhaps we ought to ask if you also would be interested if we look even a little bit further than this. This was kind of out initial approach at it what we thought might at least prevent what's happening with the elevated seawalls, but maybe we need to take a more comprehensive look at it. I don't know. We're just here to kind of get your guidance on this. CHAIRMAN STRAIN: Brad, you had a comment. COMMISSIONER SCHIFFER: Actually, I think Lidey's statement is extreme wisdom on this issue is that you should -- the only reason you're raising seawalls out there is to monkey around with setback ordinances. When a subdivision like Vanderbilt Beach went in, the developer established the seawall height. Now we've had new FEMA regulations. The developer would not put 14-foot high seawalls out there. So the point is, as architecturally designed with that, we raised the building above the ground plain. The ground plain is established by the seawall. So I think Lidey's thing is right, you're not allowed to raise seawalls, certainly not for the sport of, you know, tricking the setback ordinances. MS. MURRAY: So, that's an easy way to state it in the regulations. CHAIRMAN STRAIN: And if that's the objective, then what we have in front of us works. COMMISSIONER SCHIFFER: Well, I don't think so because there's been -- there is an interpretation that walls on seawalls are seawall height, and we can't get rid of that. So that means with this, people are allowed to go out and say, well my guy says, six, seven, eight foot high seawall walls on top of seawalls. And the guy between that can say, I got zero on one side, eight on the other, I'm going to raise mine four feet. I think Lidey is right, there is no reason in the world to be raising a seawall. And the ordinances are fighting coastal, you don't fight the water off with your seawall anymore. Those days of allowing seawalls to scour property are gone. CHAIRMAN STRAIN: Is there someplace in the county where you have seawall heights, zero to six or eight foot difference? COMMISSIONER SCHIFFER: Yes, we do. There are walls built out in that area. I have been toured around the neighborhood that people have built, I mean, are they six or seven or eight, I don't know, but they're huge walls that they've built masonry walls on top of the seawalls. The county has accepted that as the height ofthe seawall. CHAIRMAN STRAIN: So the guy next door, if he's coming in to repair his seawall, or to put in a Page 78 1 t>elrler 1,-2005 seawall where he's got riff-raff, you're saying he should be limited to what height? COMMISSIONER SCHIFFER: If the fellow wants to repair his seawall, he goes to the seawall ordinance to discuss how to repair a seawall, and he would repair it to the height. CHAIRMAN STRAIN: Whoa. Let's back up. COMMISSIONER SCHIFFER: The existing height. The height of the seawall. CHAIRMAN STRAIN: That's what I'm asking. What if he's got rip-raff, which places do? COMMISSIONER SCHIFFER: Then he would put it to the height of the rip-raff, whatever they have. CHAIRMAN STRAIN: We're talking about seawalls, I'm not talking about rip-rafT. CHAIRMAN STRAIN: No, no, but people will go in where there is no seawall and need to put a seawall in. If they have to put a seawall in, what height will they be allowed to go to if they have -- just cunous. COMMISSIONER SCHIFFER: Like, in this case when this subdivision was made, the seawall was built with the subdivision, the land fill. At that time that's a discussion they can establish the height. It isn't an issue at that point. If you're doing a brand new development, somehow you can find to get a seawall in, then you can establish your seawall height at that time. Our problem is in existing developments people on vacant lots that are building walls on top of seawalls and playing trickster with the setback ordinance. CHAIRMAN STRAIN: Okay. Want to hear from the public before-- MS. F ABACHER: Mr. Bruce Burkhart. MR. BURKHART: Good afternoon, Commissioners. My name is Bruce Burkhart. I live at 283 Oak Avenue. And I'm a director of the Vanderbilt Beach Property Owners' Association. And maybe Susan, can you help me out with this? MS. MURRAY: Sure. MR. BURKHART: I'll just show you an example so that you know what we're talking about here. This is the original house that's under discussion. And this picture goes back to about 2/8/02, I believe. And what you're looking at is the original home, and you can see the seawall and the adjacent seawalls and they're both even with each other. And I think staff is to be commended for recognizing, obviously, that we have a problem here. And they're trying to maintain this same look. I agree with Commissioner Schiffer, that if you put a seawall on top ofa seawall, that's going to create additional problems for the neighbors on either side of the house. And then I'll show you what's happened in the meantime. This is the additional seawall that the owner has put in. And this is what's created the need for the ordinance change. You can see what they've done is put up this ridiculous cap. It almost looks like a table rather than a seawall. And what they've done is cantilevered out that seawall out over the waterway. And then they're trying to take advantage of the situation by saying okay, we're going to measure from the outside point of that seawall to the problem wall, the pool deck wall, and thereby gain -- put ourselves into a position where we can apply for an administrative variance. Even after doing all that they've done here, they still don't qualify for the 10-foot setback. They've wiggled their way into trying to get an administrative variance, and unbelievably the staff went along and approved it. So what we're trying to do is, I think with this ordinance change, is try to correct that problem, and that's commendable. As you can see, we have another problem that's the cantilevering. And I think your ordinance needs to address that as well, that the seawall not only should be the same height, but should be the same width as the neighboring seawall. COMMISSIONER SCHIFFER: And, Bruce, you really don't have to address that. The seawall ordinance defines the face of the seawall as the thing that has to encroach setback. So in other words if -- this is -- and you call it a seawall, and you were kind. I think semantically, that's a wall on top of a seawall. Page 79 1 t "~ .Jt, 0 ~ 1 0 December 1, 2005 MR. BURKHART: I agree. COMMISSIONER SCHIFFER: A seawall expert and I could argue whether that's an extended seawall cap. But, even when you measure -- in other words, you're building a seawall, and you're establishing the property line, the face of the seawall, not even the seawall cap, is what determines the property line. That is in the ordinance that exists. You can find it by going to the front of the LDC, look under seawall where it says referenced ordinances, and there it is. So, I mean, you were kind. This is not a seawall. This is a wall on top ofa seawall. MR. WHITE: Well, I beg to differ with Commissioner and with the speaker, but I believe the provisions we're talking about are found in the code oflaws. They are ordinance 85-2 and it's codified in Article nine chapter two section 22-321, which all of you have on your desktops, on your mini code folders, for the code oflaws. And I'm here to tell you, that I don't see what you say about the face of seawalls. So if you want to have a discussion about that, I'd be happy to look for it and find it. But what I'm not interested in having today, ladies and gentlemen, is a discussion about a matter that's likely to come before my clients in the form of an appeal. So I would ask that we all try to keep appropriate to the forum, the scope of the discussion today. I'm not trying to preclude people from talking about LDC amendments, but when we start talking about specific examples of a matter that's going to come before my clients in a quasi judicial hearing, in this public hearing, I'm uncomfortable with it getting too close to a line that I think we should stay on and err on the side of being cautious. So please, try to accommodate me in your discussions by sticking to today's topic, which is a proposed solution. MR. BURKHART: I don't see how you can discuss a solution if you don't discuss the problem. And what I'm trying to do is illustrate the problem. CHAIRMAN STRAIN: Mr. Burkhart, I think it's -- I think you made your point. Do you have any other issues regarding this LDC amendment? MR. BURKHART: No, sir. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Patrick, in front of the LDC there's reference logs -- what is it, refernece logs or ordinances where this is referneced. Would this not make this part of the LDC as our building codes? MR. WHITE: If you look under 6.05 I think you'll find in the LDC, in 6.05.02, a specific reference under 6.05.02a to ordinance 85.2 from the code oflaws and ordinances, which is codified as Chapter 22, Article Nine of the code oflaws and ordinances, which likewise is a statement, as I said, of85.2. And there are none of the things that you refer to, Commissioner Schiffer, about definitions that the face is the place you measure from. Now that mayor may not be the case somewhere else, but in the documents you're discussing, it does not appear to be there. COMMISSIONER SCHIFFER: How about U8? MR. WHITE: 1.08.02? COMMISSIONER SCHIFFER: Whatever it used to be, I think 1.18, where it lists all our codes and all -- like it list the building code, it list there -- CHAIRMAN STRAIN: Brad, is this a side bar you and Pat can have at break? Can we get on with this issue? COMMISSIONER SCHIFFER: We're having too much fun. CHAIRMAN STRAIN: Yeah, I think so. So as far as Section 4.02.03 is there a consensus with the panel or do we want to table this to the 15th? COMMISSIONER ADELSTEIN: I'd like to make a motion that we go forward with it. CHAIRMAN STRAIN: Okay. Is there a motion on section 4.02.03? COMMISSIONER ADELSTEIN: That the height of the wall cannot be raised. Page 80 1 ~Jm~er 1,2005 COMMISSIONER SCHIFFER: I'll second that. CHAIRMAN STRAIN: Waita minute. Is there an LDC amendment before us that had that language in it? MS. MURRAY: I think what you're asking us to do is-- CHAIRMAN STRAIN: Where are we going to here? Let's just go to section 4.02.03 that's written. Does anybody feel comfortable enough to move this forward as it's written today? If not, let's ask the staff to bring back language that you'd like to see on the 15th. That's where I'm trying to go. COMMISSIONER ADELSTEIN: I got you. CHAIRMAN STRAIN: Okay. So that's what we're going to do. Does staff understand what's being asked? MS. F ABACHER: Right. MS. MURRAY: Yes. CHAIRMAN STRAIN: So on the 15th we'll rehear this one again. We will take a 15 minute break so I can get some coffee and stay awake the rest ofthe afternoon. (Whereupon, a brief recess was taken.) CHAIRMAN STRAIN: Okay. Let's bring the meeting back to order. Catherine, I believe we're on page 11 of the sununary sheet and page 147 A of our booklet. Is that right? MS. F ABACHER: Right. That's correct, Mr. Chairman. This is about as simple as it gets. CHAIRMAN STRAIN: This will take two hours, I can tell. MS. FABACHER: All we're doing is retitling the section because it's on 147A. It says design standards for development in the ST and AC, special treatment and the area critical state concern special treatment district. So, many times people call up and say they can't find the ST rag, so all we're doing is just putting them up at the top of the section. COMMISSIONER MURRAY: Motion to move to recommend. CHAIRMAN STRAIN:CHAIRMAN STRAIN: First are there any public speakers? MS. F ABACHER: No, sir. CHAIRMAN STRAIN: Okay. Now there's motion to approve section 4.02.14 by Commissioner Murray and finding it consistent with the growth management. Is there a second? COMMISSIONER CARON: I'll second. CHAIRMAN STRAIN: There's a second by Commissioner Caron. Discussion? (No response.) CHAIRMAN STRAIN: All those in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: None. The motion passes. MS. F ABACHER: All right. Mr. Chair, we're on page II of the sununary sheet. We're on page 148 of the old packet section 4.03.02. And this is clarifying property requiring subdivision. I'm going to let my boss take this. MS. MURRAY: Susan Murray for the record. I'm going to speak here for the engineering Page 81 16ii<" " December 1,2005 department. It really is an irregulatory change. It's just an addition of the sentence to clarify platting requirement. CHAIRMAN STRAIN: Okay. Any questions? Hearing none, is there a motion to recommend approval of 4.03.02 and find it consistent with the growth management plan? COMMISSIONER MlDNEY: I so move. COMMISSIONER ADELSTEIN: I second. CHAIRMAN STRAIN: Okay. All those in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONERADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Nobody opposed. MS. FABACHER: Okay. Mr. Chair, we're on page 12 now of the sUITUllary sheet. And this is along the same lines, a clarification of subdivision platting procedures. Susan? CHAIRMAN STRAIN: We're on page 12 of the sheet, right? MS. FABACHER: Exactly. I'm sorry, page 12 of the sheet and it begins on page 149 in your old packet. It's going to be section 4.03.03, 1O.02.0l, 10.02.02, 10.02.03 and 10.02.04. COMMISSIONER MURRAY: I remember this one. CHAIRMAN STRAIN: You remember this one? MS. MURRAY: There's two parts to this one. There's some clarification language. But there's also the elimination of the requirement for townhouses built on fee simple lots to come through a site development plan process. They're platted, and it was decided it was kind of a duplication of processes here. And so the platting -- some of the platting requirements are being amended to clarify some of the information that we would need that we might review under the site plan process. And then there's also -- there's already some requirements in there. For example, the landscape buffer requirement and whatnot. That can be reviewed already through platting that's already required. In a sense, or essentially, the meat of the change here is just to eliminate the site plan review process for townhouses on fee simple lots. MR. MURRAY: I move to approve. CHAIRMAN STRAIN: I have a couple of questions. Are there any questions of the panel? Commissioner Caron? COMMISSIONER CARON: So, Susan, you're saying that anything that would be required, any review that would be required at site development plan would be handled in the same manner as platting? MS. MURRAY: Right. Townhouses are developed, or defined as multi-family in our land development code, and then the land development code requires that if you're a multi family, you have to come through the site development plan process. This is -- so in a sense, you've got two requirements here. You've got the platting requirement, because they're fee simple lots, then you also have your site development plan process because the townhouse is defined as multi-family. So, rather than have them go through two processes, we felt that we could get enough information through the platting process to ensure the development regulations. COMMISSIONER CARON: All I'm asking is, there's nothing you do at site development plan that you don't also do in platting so that you're not missing anything? Page 82 t~ 1 : 1:.. r 11 ,: "i; ,...., December 1,2005 .... ~ MS. MURRAY: The best way for me to answer that is it's covered under the platting process and what we need to review for site plan. MR. WHITE: The substantive reviews both include, for example, looking at the appropriate zoning regulations for that district, setbacks, et cetera, lot sizes. MS. MURRAY: Lot sizes, yes. MR. WHITE: All ofthe applicable LDC provisions. MS. MURRAY: Landscape, water management. MR. WHITE: For those that are platted are looked at at building permit as far as what structure is placed upon that fee simple lot. A lot of times they come in at the same time so that you're going to see them on the building permit side, and at the same time as the plat. This is a bit of a new process bridging between those two, because it's more typical to have the SDP come in and in parallel in concert the building permits. MS. MURRAY: It's the same --look at it like the same process we used for single family. And you could probably call this a single family attached. Okay. So this is -- single families don't go through site plan. We review at different stages, like Patrick said, platting and building permit stage were the requirements. CHAIRMAN STRAIN: Susan, on page 154, the last paragraph, it talks about typical lot configurations. It says for fee simple residential lots in the beginning. Towards the end it says for non residential lots, parenthesis, e.g. multi-family amenity lots or parcels, commercial industrial lots. The illustration portrays setbacks in building envelope. So this goes beyond the use of these four just townhouses. And when you reference multi family amenity lots, aren't those lots including on the STPs? Does multi family required STP because they're not fee simple? MS. MURRAY: Correct. I think what this is attempting to do is saying -- let me just re-read it so I'm sure I'm telling you the correct thing. The question in my mind was strictly applicable to the townhouse, but I'm not sure that it is. I think this is separated and just a general requirement for all. CHAIRMAN STRAIN: Right. So that's what I was concerned. It isn't -- this actually applies to more than just townhouses in some ways? MS. MURRAY: Yes. And I prefaced my statements by saying we're also amending some provisions of the platting requirements to ensure that we get some additional information so we can ensure that. CHAIRMAN STRAIN: So there's a difference between an FSP and a final -- an FSP, a final subdivision plat, as the construction drawings a lot of times for the road work and infrastructure goes into a parcel. MS. F ABACHER: No, that's the final plat to be filed with the Clerk of Court. MS. MURRAY: And let me give you a little background. MS. FABACHER: Construction. MS. MURRAY: Right. CHAIRMAN STRAIN: Well, I know what the plat is that gets filed with the court because Becky handles that and I deal with her all the time on those plats. And I'm wondering, are you saying on the final plat, you want the kind of detail that shows setbacks and bedrooms and all this other stuff? Because I'm not used to seeing that on final plats. Plats are usually the outline of the lots. MS. MURRAY: What we -- let me kind of go back to where we were and how we are getting here. We eliminated the requirement for preliminary subdivision plat. It's now optional. At the preliminary subdivision plat phase, we requested this type of information. Because that's now an optional process, we're trying to carry over pertinent information onto the fmal subdivision plat that we need as part of our Page 83 161] . December-I, 2005 records. And that's kind of what we're trying to do here. CHAIRMAN STRAIN: Okay. I think I understand what you're saying. It's going to be a lot more -- your plats are going to have a lot more detail on them then they do today. MS. MURRAY: Actually, it's really just a typical layout. It's not -- and it doesn't have to -- in other words, if you have lOO lots, you don't have to have 100 typical layouts. If you have three different product types, then you have three different layouts, and that is typically submitted on a separate sheet. So it's not recorded with the final plat, the sheet that's typically recorded, but it is part of our records so that we can go back when we're looking at doing building permits or site plans, and make sure -- CHAIRMAN STRAIN: So you're not asking for this stuff to be recorded? MS. MURRAY: Right. CHAIRMAN STRAIN: On page 156 under final plat requirements, this one I think does say, it says, for only those final plats incorporating townhouse development on fee simple lots, the following additional information. Then it says prepared by registered engineer or landscape architect as applicable must be provided. Now, engineers do one thing and LAs do others. There's quite a disparity in the difference in what they do. Engineers work in boxes and LAs are more creative. I'm just wondering, are you saying that an LA can do what an engineer does, or an engineer can do what an LA does? How does that separate? MS. MURRAY: No. I think we probably need to clarify. MS. F ABACHER: Well, it kind of -- it says in A, landscape plan signed and sealed in accordance with. And as applicable would mean a landscape architect has to stamp and seal. And then if it says further on -- CHAIRMAN STRAIN: I mean, I know a lot of LAs like to be land planners and they will try to do things land planners do. And a lot of engineers would like to be landscape architects or street sign designers and they do things that they may not be best qualified. How do you tell whose applicable for what? MS. MURRAY: Yeah. The code in other areas specifically requires that an LA sign and seal the plans, but I understand what you're saying. You just want a clarification here. CHAIRMAN STRAIN: So who does what. That's all. MS. MURRAY: Yeah, no problem. CHAIRMAN STRAIN: I was just -- and that's all I have for questions. MR. WHITE: One process clarification may help. Although we're giving our best explanation of how this will be implemented, it's important I think for those who are practitioners already, applicants, if you will, that one of the things you see for plats are probably the more typical AR type application request type notice and FSP, Final subdivision plat. Where a lot ofthese things are going to be required to be brought forward under this rule, or under the PPL or the plat and plans. And that's where you'll see a lot of the construction types of typicals, so -- CHAIRMAN STRAIN: Thank you. That's all the questions I have. Does anybody else have any questions? Any public speakers? MS. FABACHER: No, sir. CHAIRMAN STRAIN: Is there a motion to approve finding them consistent with the growth management plan sections -- MR. MURRAY: With those questions asked? CHAIRMAN STRAIN: With the questions addressed. MR. MURRAY: Yeah, I would so move. CHAIRMAN STRAIN: Okay. For sections 4.03.03,10.02.01,10.02.02,10.02.03, 10.02.04. And Mr. Murray has moved that those be approved. Page 84 , f' ~7 .' j .....'1 i'. ,It ... "JI l! '0 December 1, 2005 MR. MURRAY: Yes. CHAIRMAN STRAIN: Is there a second? COMMISSIONER MIDNEY: Second. CHAIRMAN STRAIN: Second by Paul Midney. Any discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Motion passes. All those opposed? None. How's that? I got that in. I got the nays in just in case. Okay. Page 160? MS. F ABACHER: Absolutely. Page 160 in your old packet. And this was written -- this amendment was written by Code Enforcement. They're having a lot of trouble with people parking cars on their lawns. So what they've attempted to do here on page 161 is to kind of define what designated parking area is. So under A, single family dwelling, they've added parking or storing of automobiles in connection with single family units shall be limited to stabilized subsurface base or plastic grid stabilization systems covered by -- I think if you can read what it says there. MS. MURRAY: I think they were having difficulty applying this provision without more specificity. And then, I don't want to say arguing in a negative sense, but explaining it to violators as to what was the -- MS. F ABACHER: It's now designated parking area. Before they were saying well grass is a pervious covering of my parking area. So they wanted to get more specific about what a parking area really was, kind of thing they were looking for. CHAIRMAN STRAIN: Okay. MS. FABACHER: If you have any questions-- CHAIRMAN STRAIN: Yeah, I've got some. Go ahead, Brad. COMMISSIONER SCHIFFER: In the list of items you can have, you've got concrete crushed stone, crush shell, asphalt pavers. Could we add the turf parking systems to our -- MS. F ABACHER: Let me just say that Sharon Dantini is here from code, the author, so, I'm sorry, I didn't defer to her. COMMISSIONER SCHIFFER: Okay. In other words, there are systems that are acceptable for parking that do have grass on them? MS. DANTINI: Good afternoon, Commissioners. Sharon Dantini, for the record, code enforcement. The reason that we're asking that this be put back in, the recodification left out a section that actually prohibited parking on the grass. And it, at that point it was very clear for citizens that they were not to park on the grass. That's all we're trying to do here is to clarify that they are not to park on the grass, but only on stabilized surfaces. Now your question about some of these stabilized surfaces with grass in the area, I understand there's a grid system that -- I have not seen it personally, but I understand there is a grid system that does allow the grass to be grown in that system. COMMISSIONER SCHIFFER: There's different systems. Some are a turfblock that allows a Page 85 16 , 1 Decerriher 1, 2005 . little bit of grass to come up. That wouldn't be difficult. Some are a rigid mesh that allows solely grass to come up. So could we add turf parking systems? I think where you're having trouble, the people aren't going to argue that they have a turf parking system underneath their cars. And it would be added in A, B, and C. Wherever they list concrete, crushed stone, asphalt pavers, or turf parking systems. MS. DANTINI: Okay. We'll add that. Thank you. COMMISSIONER MIDNEY: Does that mean I can't park on the sand in front of my house anymore? COMMISSIONER SCHIFFER: You're under arrest. MS. DANTINI: If it's a stabilized area. You know, I guess what we're trying to do is define a stabilized area. But I think it's a little bit more specific to the parking issues. Ifwe put it in definition, I'm not so sure that we would be able to -- COMMISSIONER MIDNEY: It used to be grass, but now it's sand because I park there. COMMISSIONER SCHIFFER: Your confessional is going too far. CHAIRMAN STRAIN: We're all assuming you live in a single family home, or two family, or multi-family now. COMMISSIONER SCHIFFER: I think run out and get some crushed stone. CHAIRMAN STRAIN: What is the narrowest lot size that we have allowed in the code for single family right now? Do you know? COMMISSIONER MURRAY: Sixty, 50. CHAIRMAN STRAIN: The reason I'm asking is, if you have a -- with this code written this way, you may not be able to go below a 50-foot minimum lot width in order to fit in the 40 percent in the front that you're requiring for parking, or no greater than 40 percent because your driveway is required to be 20 feet wide. MS. F ABACHER: Mr. Chair, they're not requiring that. They just said you can't exceed it, I believe. CHAIRMAN STRAIN: Forparking? MS. FABACHER: Yeah. CHAIRMAN STRAIN: Okay. But the designated parking area may not comprise an area greater than 40 percent. Would the driveway be considered part of the designated parking area? MS. DANTINI: Yes, it would. CHAIRMAN STRAIN: And the driveway has to be no less than 20 feet wide? MS. DANTINI: Yes, that's correct. CHAIRMAN STRAIN: And we require the driveway to be 23 feet back from the back of the sidewalk? Twenty times 23? COMMISSIONER SCHIFFER: To a garage door. CHAIRMAN STRAIN: Okay. So the designated parking area is the driveway. That's 20 feet wide, 23 feet back from the sidewalk in front of the driveway -- in front of the garage, right? Okay. COMMISSIONER MIDNEY: What if you don't have a paved driveway? MS. DANTINI: Then it must be made of the crushed -- it must be of the stabilized surfaces listed here. COMMISSIONER MIDNEY: That's going to be a big problem for Immokalee. CHAIRMAN STRAIN: Susan, did you happen to find what the width was? MS. MURRAY: No, I didn't. MR. WHITE: The memo lot widths that are shown in the table in 4.02.01 are at 60 feet for interior lots and RSF five and six. And the same for VR mobile home. Sixty is the minimum unless you're in a TTRVC which have 40 and 30, but I don't think so. Page 86 ~ t, U~;' .. D~~ember 1, 2005 CHAIRMAN STRAIN: No, that's fine. Ijust wanted to -- I just wanted to find out what the single family was. Thank you. COMMISSIONER SCHIFFER: So Paul can sleep at night, I mean, these are for residential uses and mixed used urban residential land use. In other words, I don't think out in the agricultural areas you have this problem. MR. MIDNEY: Well, my house I think is zoned AG, but I'm in the great minority. Most houses in Immokalee are not. And I think this is going to create a lot of added expense for a lot of people who are already having a lot of extra expenses. So I'm going to vote against it because I think it's too expensive to implement. MR. MURRAY: I have a question for you, ma'am. You indicated that it was excluded by error from the former and that it was perfect. However, that perfection is now being replaced by a new perfection. What were the differences? What were the additives? Was it paver block or something else that made it a better perfection? What I'm driving at is, if we're having a problem with it, and I don't know that we are, if we went back to that excluded item and just put that in the code, would that suffice to do the job? MS. DANTINI: We had originally thought that, but we're advised that the exclusion should not be in the body of the code. And please help me, Patrick here if! am misquoting you on that, but that was our understanding as that we did not want to have exclusions in the body of the LDC. MR. MURRAY: Okay. I'm not trying to go anywhere other than find a good compromise that would work. I'm not looking to create more problems. MR. WHITE: If you look back over the legislative history of these few provisions, you'll find that we have gone hither and fro with them trying to find the right precision, accuracy, and balance. Obviously there are a number of design solutions, and we try to write the land development code in a way that allows as much flexibility in finding design solutions without specifically enumerating what they are or excluding others in terms of a prohibition or limitation. So, we're trying one more time to find that balance here. And although some of the earlier versions may be helpful, I don't believe that they were without adaptation by the actual code enforcement investigators applied consistently. MR. MURRAY: All right. I suspected as much but Ijust felt that if we were-- MR. WHITE: Everybody was comfortable with what we had, but I don't know that if it got down to having to fight about it in front of the CEB, we could have sustained. So we tried to be more precise and accurate without being exclusive. MS. MURRAY: And I'm not sure this is really changing anything, Commissioner Midney, I only say that because if you read kind of the old language versus the new, you still had to have a stabilized surface. So this has been in place -- I don't know when this was adopted, but I do remember going through the process probably four years, three years. MS. DANTINI: The wording that you have in front of you, what was codified in the new LDC, the older version was real specific about the surfaces that you could park on, and did exactly prohibit parking on the grass. CHAIRMAN STRAIN: Well, see, in this code versus the old code, you're saying -- it used to say, ifI'm trying to read through the crossed out lineage that you have here, specifically designed for the parking of automobiles which may not compromise an area greater than 40 percent of the required front yard. But now you're taking out the area that could have been designed or required for the parking of automobiles and saying it has to be designated for the parking -- or designated parking area and you're limiting that to a driveway. So I'm wondering if it does go beyond -- MS. DANTINI: Actually, we're not limiting it to the driveway. It could be made of crushed stone too. Page 87 1611 . December 1, 2005 CHAIRMAN STRAINCHAIRMAN STRAIN: If it's not on the driveway? MS. DANTINI: Yes. If you're driveway is less than 40 percent of your front yard, you can also have an area that -- we only want people to park in 40 percent of their front yard. CHAIRMAN STRAIN: I understand. Now I do. Thank you. MR. WHITE: And to address Commissioner Midney's concern, the rule as written would be prospective in it's application, not retroactive. Now what would the prior version be that may have been applicable to point in time his house was permitted. I don't even know if we had a rule then. But the idea is that the enactment of this rule does not mean that people must then, the very next day, go out and comply with it. The next time they came in for a building permit for that single family or multi-family, whatever the case may be, then this rule would apply. CHAIRMAN STRAIN: So if code enforcement is called up for a complaint that someone is parking their vehicle in their front yard outside their driveway and it's against this code, code enforcement will not then be able to enforce this code? MR. WHITE: They can enforce the aspect as to where you can park, but not as mandating that you must at this point in time go and fix it. COMMISSIONER MURRAY: I think it's going to create hardship because land is so hard to come by as it is, and most working families need two vehicles, sometimes three vehicles because, in order to pay the rent, one person working is not enough. And it just seems as though we're placing a real big stress on families in the poor sections of the county. MR. WHITE: Well, I understand that concern and it's kind of the opposite face of the same coin. Not to, you know, poke fun at the economics of this, but we understand it's the economics that are driving people parking in that manner. And as a result we have to find some way to assure that the surrounding property owners, the value of their property is protected, and that we aren't creating a health, safety, welfare problem by people parking in the right of way. COMMISSIONER MIDNEY: I don't believe in parking in the right of way. MR. WHITE: I'm just saying, those cars have to go somewhere, and when they're parked willy-nilly on a front lot, and it's not a stabilized surface, that creates a problem. COMMISSIONER SCHIFFER: You know, the ribbon design where you have just two lanes big enough really to take the tread? That's still allowed and everything. You have no problem with that, right? MS. DANTINI: As long as it's made of a stabilized surface. COMMISSIONER SCHIFFER: One of these -- so, Paul, it really isn't expensive to get into a couple of crushed stone. CHAIRMAN STRAIN: Yeah, but I'm sure they'd want a plan, a permit. That work is only 10 percent anymore ofthe effort. Getting through the system is 90 percent. So, I'm not sure that you're actually not helping -- it's limited to just the cost of the crushed rock. You'd have to have permit to plan, approvals of designated parking areas, calculations and someone said survey. A lot of other stuff that might end up driving the cost to have that accomplished. COMMISSIONER SCHIFFER: But I think what they're really interested in is the situation that Pat's describing, where the people do have a nice neighborhood and there is one house that has ten cars all over it, there's got to be some hammer that they can use to coin out the problem with that. MR. MIDNEY: Yeah, I know that there are houses that have a lot of cars and some of them are trucks and vans too. Especially in my neighborhood a lot of people have vans because there's multiple people who all have gone to work in landscaping or to Marco Island or something like that. But it's a necessity for those people. I think that the Planning Board should give more weight to the necessity of working people than to the aesthetics of people who -- you know, they have nice yards and they think everybody else should have a nice yard too. I think necessity should go before aesthetic. Page 88 1611 . Decem15er 1,2005 CHAIRMAN STRAIN: That's a novel idea. Paul, I like that. MR. MURRAY: If! can put my four-and-a-half cents in on this. The issue is more in East Naples, for instance, where there are similar situations that Commissioner Midney describes. This ordinance change, will it help to clean that issue up for those folks? Because the people I find complain are the ones who live next door to the folks who have to park their cars. And I recognize they need a place for their trucks and their cars, and it's a no win all around, from what I can see. But, will this help to have code enforcement be effective in this, or is that already under control? MS. DANTINI: Well, actually as we have mentioned, this was in the old LDC, this type of information. The Estates is not included in that because it's not referenced in this code. Agriculture is not included in that because it's not referenced in this portion. We've had no problems in the past enforcing this type oflanguage in it. Yes, there have been people that have had to go in and resurface some areas to make it stabilized, but I'm not aware of any complaints to commissioners regarding those issues. MR. MURRAY: I know sometimes they tend to fill the swales too, and that's a little scary. MS. DANTINI: Yes, it is. The parking in the right of way is a very big issue. MR. MIDNEY: Some people are not always complaining about it to the authorities, but you hear people talk about it and it's one of the areas where people say that government is getting out of hand because they're putting rules, you know, on top of rules and it's interfering with, you know, peoples', you know, basic things. You need a place to put your vehicle. COMMISSIONER SCHIFFER: The only thing we're doing here is discussing what the vehicle is on. The percentage of vehicle hasn't changed. It's just that when they go out and they say you can only park in 40 percent of your yard, they can't figure out how do you define where that 40 percent is. And plus, is it good that people are parking on grass, killing the grass? You've described how you've killed all yours. So, I mean, do we want a town where there's a bunch of dead grass around because people are parking willy-nilly on the lawn? COMMISSIONER MIDNEY: I don't know. CHAIRMAN STRAIN: I think we've had quite a bit of different discussion. Any public speakers? MS. F ABACHER:MS. F ABACHER: No, sir. CHAIRMAN STRAIN: Okay. We need to have a motion on this, on section 4.05.03 for either approval or denial in finding it consistent or inconsistent with the growth management plan. COMMISSIONER TUFF: I move we move forward with it. CHAIRMAN STRAIN: As consistent with a GMP and recommendation for approval? COMMISSIONER TUFF: Correct. CHAIRMAN STRAIN: Commissioner Tuffmade a motion to recommend approval. COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: Commissoner Schiffer seconded. MRCOMMISSIONER SCHIFFER: And that included the turf parking system too. MS. DANTINI: Yes. CHAIRMAN STRAIN: With the caveat that the turf parking system language be added. Did you have a problem with that? Is that okay, Mr. Tuff? COMMISSIONER TUFF: That's fine. CHAIRMAN STRAIN: Any further discussion? All those in favor to the motion signifY by saying aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER SCHIFFER: Aye. Page 89 1611 . December 1, 2005 COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: All those opposed. COMMISSIONER MIDNEY: Two opposed. CHAIRMAN STRAIN: Okay. Catherine, I think we're on page 163. MS. F ABACHER: Yes, sir, we are. Michael Sawyer is here today. Mike has a bunch in a row that we'll be able to take care of real quick, I hope. CHAIRMAN STRAIN: Why don't we jump over to something else in between, just so he can sit here all day. MS. F ABACHER: So, anyway, he's going to talk about the buffers, alternate buffers, and then talking about the turf along systems, synthetic turf, and then some specifications, engineering specifications for slopes. MR. SAWYER: Commissioners, once again, Mike Sawyer, zoning and land development review. When we were together last time on the three landscape amendments, the one that I think was most problematic was the buffer issue. And I prepared another power point presentation that hopefully will illustrate it better than the previous version. We're basically talking about when we've got buffers adjacent to lakes. And our discussion previously went even to the definition oflakes. What I did, just to recap, we really didn't feel like we did a real adequate job of giving you the background on the requirements on the buffers. We were really not totally sure on what your direction was, and we really want to actually open it up more as far as discussion, as far as what options might be available to us as far as addressing this issue. What I did was I actually went back, which often happens and actually helps when we're actually doing amendments, was actually go back and look at purpose and intent in the code when it comes to the whole issue oflandscaping and buffers in particular. To go back historically to look at, is this actually new landscaping, which is one ofthe items that we discussed. And the other -- another issue was the reasons and benefits for landscaping when we're talking about landscaping adjacent to lakes. And also, getting together some actual examples that we could actually take a look at. I went back through purpose and intent for the landscape section. Basically just underlined those area that made pertain to this particular section. And I really came down to just a few. The real key elements are that, you know, for landscaping is to reduce incompatibility between the similar land uses, densities and building masses, provide and maintain open space with new developments, improve asthetic appearance of the built environment with minimal landscape standards. Provide psychological benefits to people by reducing noise and glare. Screen and buffer harsher visual aspects of development. Improve environmental quality through the creation of shade and microplants. Why landscape barriers are actually required in residential areas. Lakes only provide a physical separation, a space element, and our landscape buffers are made up of two elements, we've got space and we've got screens. Screens can be opaque, they can also be very open. There is no vertical component. There is no screen element available with the lake. Additionally, you know, buffers and screens provide that space and they also provide the screening elements. So it's a combination of both. We've got various ranges of widths es. We have anywhere from a 10- foot buffer, even a five-foot buffer when you're in industrial zones on up to a 20 feet wide buffer. Screens themselves can take the form of trees only or trees and a hedge. We even have provisions for walls, fences, a number of ways that you can actually get that screening component handled. This requirement actually isn't new. We're not actually looking at adding additional landscape requirements to applicants coming into the county. What staff has been using for the last 10 years or more is actually the alternative design solutions that is part ofthe LDC. That's actually part of the buffer section. And basically what this says is, that staff can look at alternative design solutions. And when we've got buffers adjacent to lakes that are required, we allow certain alternative design solutions to allow views into that lake to take advantage of those lake views. And this is what staff has been doing, like Page 90 Dece~! ~ 200~ I said, for the last 10 years. Again, we've been using the alternative design solution standards to meet the LDC intent. And again, the purpose is to -- of this amendment, is to actually vet this particular staff direction. Again, we're not requiring additional landscaping. It's basically just to codify a staff policy. Why? Reasons and benefits. Buffers are required along the perimeter of all zoning, all developments. Lakes don't eliminate the requirement for buffers, as we've said. You get a space element done, you know, that lakes provide, but they don't provide the screening elements. There are inherent density, compatibility issues related to single family and multi-family. You've got very different densities. And because of those in the LDC, we've got requirements for buffers according to those uses and those densities. We've also got a significant size difference. We've got height differences. They're are basically differences between multi-family and single family, and we recognize that throughout the LDC in the landscape section. The landscape buffers are basically to soften the built environment. Provide natural edges along created lakes. Buffer plantings are an integral part to the minimum amount oflandscaping that all developments provide, or are required to provide. These requirements, if well designed, actually enhance those lake views, they don't eliminate them. That's what we're really trying to do is to allow this flexibility to happen and actually enhance the developments. The examples that I've got, first we've got some that actually show, obviously, the value of those lake views. Some considerations of existing communities where you've got existing communities and you've got new developments coming in adjacent to them you know, there are, you know, there are needs for buffers because of that. And then we've got some images that actually have distances related to them. Property owners pay extra for the lake views. All the developers require you to pay extra when you're on a lake. And we need to recognize that. It's a natural and created -- lakes are actually benefits to the homeowners and we don't want to eliminate that. By the same token, when you've got an existing community, you don't want to have an additional development coming in adjacent to them on the other side of the lake that has a much different density than they do, a much different height, a much different massing. That's why we've got the buffer requirements. And this starts giving you some of the ideas. In the middle ground all the way in the back, that's about 2000 feet away from where we're standing right now. On the right we're 1,400 feet away. On the left, we're 900 feet away. Here again, way back we're 2000 feet away, off to the left we're about 750 feet away. And here we've got an example again, 750 feet away, and again 500 feet away. And here we're 700 -- or, I'm sorry, 650 feet away and this is 380 feet away. So you can see how those different images of those multi-family buildings change because of that distance. CHAIRMAN STRAIN: Mike, in those past photographs, were all those photographs consistent with the buffers that are in front of us today in regards to the-- MR. SAWYER: No, they were just strictly examples of distances, buildings, you know, where we've got single family and we're actually looking at multi-family. CHAIRMAN STRAIN: And with the landscape material that's being proposed here, even in those pictures, the outline of the buildings would be softened much more than they are in the pictures because they'd have more landscaping on the water side of them. MR. SAWYER: In some cases they certainly would be. CHAIRMAN STRAIN: Like that one, for example. MR. SAWYER: Yeah, this one, for instance, you would certainly have more of a hedge material through there. You probably also have a couple more trees, but not that many more. Again, we want to provide those views out into the lake. What we really want to have is that softening affect. Here the one that's 500 feet away, that's pretty close. The one that's 750 feet away, that really is Page 91 16/1 . December 1, 2005 actually above code if you actually look at it. The one here at 750, again, that's close. Going back to some of these. We've actually got, you know, both single family on the left-hand side and multi-family on the right. So again, that kind of gives you the idea of just strictly massing. And the one, you know, the single family is basically at 900 feet. The multi-family is at 1,400 feet away. So that gives you an idea on visually what these distances actually look like. What we propose is to be able to have, in these cases where the buffers are required, to have the tree planting requirements to be clustered so that you've got opportunities for views out into the lake. We are proposing to have a 60 foot area between those clusters. Again, we're actually looking at having the hedge requirements be basically down at 30 inches and be a double row hedge as opposed to a 60-foot hedge. This allows those plantings to actually be part of the foundation plantings for the buildings themselves integrated into the landscaping, integrated into those buildings. We are proposing that when the adjacent lake exceeds 1500 feet, we don't have to have the hedge. We're not really accomplishing much probably at that distance, but the trees are still going to do a softening of it. That's basically what we're recommending at this point, and we're really at this point looking for some guidance and any suggestions that you might have. Hopefully we've done a better job of framing the issues, giving you a bit more ofthe history on these particular buffers. CHAIRMAN STRAIN: Mr. Midney. COMMISSIONER MIDNEY: I like what I think is your idea. In the examples, I don't really see much in the way of buffers, but what I wouldn't like to see is mowed grass all the way down to the lakes because you have more siltation, you have utropication because of probably the fertilizer that's placed on the grass, and the runoff making just algae blooms in the lake, and you don't have any habitat, you know, for wading birds as you would if you had a little bit oflatural plantings, but that's not where you're going with this, are you? MR. SAWYER: No. The latural plantings are actually handled with environmental requirements. We really are not addressing those at this point. MR. MIDNEY: Because in the examples I don't see any latural plants at all. I just see grass going down to the water and then just water. MR. SAWYER: Correct. And on these particular ones, that's exactly the case. This was a bit, one of the older developments, a bit mature, so we had the look of what the mature buffers, or the actual trees and plantings actually look like. COMMISSIONER MIDNEY: So I didn't see any hedges in the pictures, Ijust saw trees. MR. SAWYER: Yeah, most of them do have -- on this one you are seeing some hedging, certainly not to the degree that we would certainly like to see, you know, a bit more of a ban through there with some openings, would soften it a bit more. Here, obviously, you're not seeing anything. You are just strictly seeing the trees, and in this case palms, which again are fine because you do get some softening effects with palms. But, again, I think we probably can agree that some additional landscaping on a facade like this when you're adjacent to single family, probably wouldn't be a bad idea. MR. MIDNEY: These are probably older lakes where there's probably a steep drop off too, right? If it was a shallow dropoff, you probably would see some plants like willow or cattails or such things in there. MR. SAWYER: Correct, Commissioner. There were some areas where there were some, but it was just strictly where the lake was shallower, so that is correct. COMMISSIONER MIDNEY: So, hopefully, with the new regulations where you have to have a more shallow dropoff, you will have more of a natural buffering too, wouldn't you? MS. SAWYER: I would agree, yes. MR. MURRAY: From the perspective ofan individual sitting in their lanai, or looking out their Page 92 1611 December 1, 2005 c window, an unobstructed view it was they're seeking. So they're not unhappy with seeing somebody having a hedge on their shoreline, but disinclined to have one on their's, I would suspect. But each of the examples that you have given us here are to show us what is essentially a stark situation; am I right? Not to show us what you're an advocate of. You're really just showing these are things that exist. MR. SAWYER: Yes, Commissioner. Trying to give you an idea of distances and how minimal or somewhat minimal landscaping looks like. Again, in this particular example, the one on the right-hand side, the 500-foot example, that one is actually quite close. I think that one would come quite close to meeting what the proposed change, or the proposed amendment would allow. Certainly, the one on the left-hand side, if you look at that, there are hedges, there is a considerable amount of plant material there. That one certainly would. MR. MURRAY: Well, it's very interesting. It really is to see -- you could be very creative, I suppose. I don't even know really where to go with this. You were asking for some direction and it's really difficult for me to think. I know that we have -- I live in a condominium and we have plantings outside. They're low level. They're flowers and things and they're very nice, but is that an alternative? Is that an acceptable buffer, something of that nature, or is that an enhancement, just an amenity or what? I'm trying to differentiate. I'm probably not using the right words. MR. SAWYER: To give you an idea, what the requirement for multi-family when you're adjacent to single family is to have a B buffer. A B buffer is trees 25 feet on center with a five-foot hedge. I think we can all agree that's not totally appropriate where you've gotten an amenity like a lake. What we're trying to do with this amendment is to allow some flexibility and still meeting those buffer requirements, but doing it in a manner that fits better with the lake views and also giving a bit more design flexibility, and actually codify what we've actually been doing for a number of years. MS. MURRAY: I wanted to clarify that because part of the problem we've been having is with the language as it's stated is it's not clear to the designer what exactly they have to do. MR. MURRAY: He indicated that earlier by saying you have two choices and you tend to go to the second one. MS. MURRAY: Or they get the wrong information. So, rather than having it kind ofa case by case basis, so to speak, we are trying to set a standard which still allows for the flexibility that we historically have been doing by that policy, but at least sets a standard so hat people can look and say, okay, I can cluster, but my clusters have to be certain distances and what have you. I think it's still -- and that's essentially what we're trying to do. There is really not a regulatory change here, per se, it's just clarification. MR. MURRAY: And clustering, I mean, height then becomes a factor in clustering as well as anything else. Whether you do linear or you do cluster, you have issues of where someone says my view is obstructed as opposed to I love that view. How do you perceive, when you use the term clustering, do you see a dense abrogate or what? MR. SAWYER: Commissioner, I think there what we would want to see is areas where you actually don't have plant material up against the buildings or out further. You want to have those clear views. You know, you've got trees here, you've got trees here, and you've got those hedge materials, those plantings. Instead of taking the form of a hedge, actually are in plantings that are integrated into those. COMMISSIONER MURRAY: You're on the right track, in my opinion. MS. MURRAY: A lot of what will happen is these people will actually plant material above and beyond minimum code requirement and they'll want to cluster that or place that in places. MR. MURRAY: And you also indicate that a buffer, the distance is a buffer as well; is it not? It's construed as a buffer. MR. SAWYER: It's part of the buffer. Page 93 161 December +. 2005 MR. MURRAY: So that has to be taken into consideration where one does any kind of creativity on that, wouldn't they? MR. SAWYER: Correct. COMMISSIONER MURRAY: So it's really a combination, is it not? MR. SAWYER: Definitely. MR. MURRAY: How do we codify that? MR. SAWYER: Well, what we're proposing is that once we get past that 1500- foot distance between, you know, of the lake, once we get to that point, the only requirement is to provide the hedge. Again -- MS. MURRAY: The trees? MR. SAWYER: I'm sorry, the trees. MR. MURRAY: The utilization. MR. SAWYER: The trees are what's required at that point and not the plantings -- the shrubs, if you will. MR. MURRAY: That makes it clearer for me. Thank you. CHAIRMAN STRAIN: Catherine, did you-- MS. F ABACHER: Thank you, Mr. Chair. I just wanted to remind the commission that we had discussed this at length, and their direction was to Mike to come back with some evidence that we could use to determine what a good length of, you know, not requiring the hedge. Remember some people said well, I think after 50 feet you don't need it. And so what Mike, the point of his presentation was to kind of -- that's why he's asking for direction. If you like his 1,500 foot now or so forth. MR. MURRAY: It seems plausible to me. CHAIRMAN STRAIN: Brad, you had-- COMMISSIONER SCHIFFER: Yeah. The only thing I would change is in the type A you have a tree every 30 feet, so obviously a cluster every 60 is good. You can take a tree and put them together. I think in a B, I would bring that back to 50 feet, because you have a tree every 25 feet, with the same logic you can cluster those trees, tie them together at 50 feet. Otherwise, the math can get confusing. And then the other stuff! think was well done, so if we need -- if we want to discuss whether 50 feet is fine. And my point is, he has a tree requirement of every 25 feet. So what they're saying is, take every other tree and put them together. If you put 60 feet, who knows what that is. MR. SAWYER: I agree the math could get a little tricky. COMMISSIONER SCHIFFER: Well, there will be extra trees. If that's it, I move for approval. CHAIRMAN STRAIN: Do I get to ask any questions? COMMISSIONER SCHIFFER: Yau want to talk? Okay. He's trying to stay awake. CHAIRMAN STRAIN: I don't know. Sometimes I'm trying to let everybody else get their say first. I got a tough one for you, Mike. This presentation you made, electronic format? MR. SAWYER: It's power point, yes. CHAIRMAN STRAIN: Can you either email it to me or provide me with a hard copy? MR. SAWYER: I have a hard copy right here for you. MR. MURRAY: I would like to have it. It's a very good presentation. CHAIRMAN STRAIN: Bob, let him finish. Can I have it either hard copy or email? And if you could do that, I appreciate it. MR. SAWYER: I can do both. I've got them right here. In fact, I've got a disc if you'd like. MR. MURRAY: My apologies. CHAIRMAN STRAIN: Bob, would you like a copy? Page 94 J.611 e December 1, 2005 MR. MURRAY: I would. Thank you. CHAIRMAN STRAIN: Mr. Murray, would like a copy as well. Thank you. Is there a motion to recommend approval of section 4.06.02 and find it consistent with the land development code? MR. MURRAY: I would make that. COMMISSIONER MIDNEY: I'll second. CHAIRMAN STRAIN: Motion made by Commissoner Murray, seconded by Commissioner Midney. COMMISSIONER SCHIFFER: With the change of an alternate B to have a 50-foot. CHAIRMAN STRAIN: With the change recommended by Commissoner Schiffer. Does the motion maker accept that? COMMISSIONER MURRAY: I would agree to that. CHAIRMAN STRAIN: And the second accept that? COMMISSIONER MIDNEY: Yes. CHAIRMAN STRAIN: Any public speakers before I go too far? MR. MURRAY: No. CHAIRMAN STRAIN: All those in favor of the motion as recommended signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSlONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: No one is opposed. MS. F ABACHER: All right. While we've got Mike up here, the next amendment, LDC amendment, I'm on page l4 of your summary sheet, and we're going to page l66 of the old packet. And this is to limit the use of synthetic turf for lawns. Page 166. MR. SAWYER: Commissioners, the only item that was mentioned previously was that we needed to distinguish between vertical and horizontal in the references to slope steepness, and we've got that incorporated. MR. MURRAY: Didn't we skip one? CHAIRMAN STRAIN: By the way, did we skip 4.06.05? MS. MURRAY: I'm sorry. I thought we were on the -- Mike, on page 166, the synthetics. CHAIRMAN STRAIN: Yeah, we are right now, but we need to go back I think because we didn't do page 163A, which is 4.06.05. Let's finish up l66. Does anybody have any discussion on the use of synthetic turf and/or landscaping? Brad, I'm sure you're going to love this. It's an architects dream; isn't it? COMMISSIONER SCHIFFER: Yeah. MS. F ABACHER: He can still use it, Commissioner. CHAIRMAN STRAIN: He can still use it? Any public speakers, Catherine? MS. F ABACHER: No. CHAIRMAN STRAIN: Any questions of the panel? Ifnot, I'll entertain a motion to recommend approval for section 4.06.05 -- I'm sorry -- 4.06.05 general landscaping requirements. There's quite a few sections here. Why don't we just wait and go through the whole thing. I didn't know all those were Page 95 , ,( n 1. . : H. 8 December i, 2005 the same number. Catherine, that number starts on 166, and it goes into another element on 168. MS F ABACHER: All right. And that begins your berm. The treatment of the slopes. I have on page 168 on summary sheet 14 it references page 168. CHAIRMAN STRAIN: Okay. I just saw different from your summary sheet, there is a clarification on 166 that allows us to do a separate motion. The reference on 166 for the issue about synthetic turf is specified as 4.06.05C7. So if we want to entertain a motion to find that consistent with the growth management plan. COMMISSIONER MIDNEY: I so move. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion made by Commissioner Midney, seconded by Commissioner Murray. Any Discussion? All those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Any opposed? (No response.) CHAIRMAN STRAIN: Motion passes unanimously. So we're past page 166. Now, do you want to drop back to 163A and finish up? COMMISSIONER SCHIFFER: I don't have a 163A, Mark. CHAIRMAN STRAIN: Well, I have a l63 which is 4.06.02, and I have a l63A, which is 4.06.051. This is from the original packet. COMMISSIONER ADELSTEIN: That's l68. CHAIRMAN STRAIN: I have 168. That is 4.06.05Cl1. MS. MURRAY: Correct. That's where we are. CHAIRMAN STRAIN: Okay. So 4.06.051 doesn't exist anymore. MR. SAWYER: Commissioner, what happened was that between cycles, this particular section in the code was actually duplicated. CHAIRMAN STRAIN: Okay. MR. SAWYER? So the one has disappeared with the previous cycle of amendments. It was eliminated. So we're now currently in the correct area for the slope amendment. CHAIRMAN STRAIN: That just helps us move along even faster. So, I have no problem with that at all. So, we're on page 168, and I guess it's still yours. MR. SAWYER: Correct. Thank you. Again, with our previous discussions, the item that was brought up was to define water management areas, and that is actually on page 17l, I believe in item C. We're actually talking about vertical walls used for water management. And a discussion there I believe was, is it none, or is there some allowance for it. And what we're proposing is to have it so that any vertical wall exceeding 20 feet. So, in other words, you can do up to 20 feet with a vertical wall for a water management area. And, again, open votes prohibited. CHAIRMAN STRAIN: Commissioner Caron, you had a question? COMMISSIONER CARON: No. I think there was a question about what was meant by Page 96 16' 1 December 1,2005 . continuous. I think that was actually Mr. Strain's question. MR. SAWYER: I believe so, yes. CHAIRMAN STRAIN: I think you just answered that. So I want to make sure that was your same question. Commissioner Schiffer? COMMISSIONER SCHIFFER: Yeah. I had a problem on the three foot height that 30 inches two foot six is the highest you can go without using a guardrail. And you were going to look to see if you could live with 30 inches or two foot six. MR. SAWYER: Oh, as far as the height of those walls? I think if that's your recommendation, we can certainly do that. COMMISSIONER SCHIFFER: And my concern is that some of the guardrails we see along the roadways aren't the slickest, and, you know, they're all bent up anodized aluminum pipe. So if we could set a height of 30 inches, we would eliminate the need for a guardrail. Three foot would require a guardrail near a walkway. MS. F ABACHER: That would be in section B, right? COMMISSIONER SCHIFFER: That's B, correct. MS. F ABACHER: You changed three feet to 30 inches in height, correct? COMMISSIONER SCHIFFER: Correct. MS. FABACHER:MS. FABACHER: Just clarifying for all of us. For me. CHAIRMAN STRAIN: I think the guardrail we have along, for example, Airport Road north of Pine Ridge -- COMMISSIONER SCHIFFER: That' a classic. CHAIRMAN STRAIN: Yeah, it is. That's as ugly as they come, and I hate to see more of it, but it probably was there because the slope and the drop off from the sidewalk was so great. If we require that guardrail, or that handrail to be less, can then the slope be as steep as it is, and if it can't be, that means you have to push the right of way either out further, or the roadway in farther. I mean, will those kind of impacts have an influence on what you're asking for right now? COMMISSIONER SCHIFFER: I mean, these water management walls, where would they be occurring? CHAIRMAN STRAIN: The example you've provided-- MR. SAWYER: Yeah. I guess another classic is Walmart just down the road from us here where we've basically got a concrete vault that's sitting there. And 20 feet of that we can probably deal with if we've got some landscaping that at least in part covers it up. I think once we get much past that, we really start getting an eye sore. And that's what we're really trying to -- CHAIRMAN STRAIN: See, if you restrict the height ofthese retaining walls to 30 inches, that other Walmart that's in North Naples on Immokalee Road and US 41, you drive into their parking lot and you see these Pine trees coming up out of the middle of the parking lot. You walk up and they're down in these deep holes surrounded by six-foot concrete walls that if anybody fell in, they would never get out. I asked one time why they put them there and they said they were required when they went through the plan review process because they had to preserve certain trees. Well, the only way they could preserve them was by doing that. Would this prevent that? Because ifit does, then what would have been the alternative for them, is to leave the entire parking lot at a four to one slope away from those trees and not use the retaining wall and end up eating up more space because of that. I'm just wondering, if we minimize this height too much, are we going to create hardships in regards to utilizing the retaining walls for the maximum effect. That is in order to supply the parking lot needed for a structure. MR. SAWYER: Understood. MR. MURRAY: Mr. Chariman, may I also point out that conversation probably two years ago Page 97 D~c~ber ~, 20005 now with Mr. Feeder regarding these rails. And in so far as they apply to adjacent to rights of way, he said those are Federal standards he must comply with, so that mayor may not impact on this particular conversation. CHAIRMAN STRAIN: I'm sure they kick in based on how much the fall offis on the outside of the wall. What I'm saying is, if the fall off on the outside of the wall is limited to what we will set the wall height at, then to get the slope to be acceptable, you'd have to back everything up and spread everything out because you'd have to have more of a slope instead of a sharp slope. COMMISSIONER MURRAY: I understood you. CHAIRMAN STRAIN: And if we do that in this particular ordinance, is that going to have a negative impact on the right of way, our canal roads where we have to have railings and sidewalks in a tight nature like Airport Road parking lot, such as the one I gave you the example ofthe Walmart? I don't know. I just got done asking the questions. Has anybody thought all that out? MR. SAWYER: I think there's two issues. The water management walls that we were talking about. The problem that we've got with those is that you've constantly got water going up and down through them. Now the example that you had chairman, Mr. Chairman is, I'm not sure if that's a water management area. It sounds like it's more of a preserve area for the trees. I'm not sure. But that might be a case where it's actually not a water management wall, you know, at that point. And there we would actually go back to the requirement with the requirements for vertical retaining walls where you can go past that 30-inch or that three foot as long as you've got a surface on there that's, you know, at least it's not raw concrete and you've got plantings that also relate to that retaining wall. So, in other words, you wouldn't just have a bare wall in those cases either, but you certainly can go past the water management wall requirement of only being able to go up to 30 inches. COMMISSIONER SCHIFFER: Mark, I think maybe I can help this. The 30 inch requirement is only if there's a walkway alongside the wall. So maybe let's do this, if you leave it at three and we add another little phrase in there where permanent water management walls run alongside walkway areas, and not to exceed 30 inches, that would eliminate the need for handrails then-- COMMISSIONER MURRAY: Unless the property is such -- configured in such that you have no option. So you have to make -- COMMISSIONER SCHIFFER: Here's what we're trying to avoid. If you have a walkway alongside a wall that's greater than 30-inches, you have a handrail. Let's avoid handrails. So let's -- would that be a problem just adding that? That means, in an area where it wouldn't apply, they can make it three feet. In an area where there's a walkway along side it, they've got to keep it at 30-inches. MR. SAWYER: I think we can certainly add that. It's not a problem at all. COMMISSIONER SCHIFFER: Then nobody is hurt. CHAIRMAN STRAIN: I just want to make sure we try to cover all bases. So, are there any discussions on this one? Any further discussion? Any public speakers? MS. F ABACHER: No speakers. CHAIRMAN STRAIN: Is there a motion to recommend approval and find it consistent with the growth management plan for Section 4.06.05 -- hold on a second -- Cll. COMMISSIONER SCHIFFER: Yes, for me. CHAIRMAN STRAIN: Motion made by Commissioner Schiffer. Seconded by anybody? COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Seconded by Commissioner Murray. All those -- any discussion? (No response.) CHAIRMAN STRAIN: All those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. Page 98 te~mtJl, 20~5 COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: None opposed. We're moving ahead at lightening speed. MR. SAWYER: Thank you, Commissioner. CHAIRMAN STRAIN: Thank you, sir. MS. F ABACHER: Thank you, Mike. Now don't forget those freebies you promised. MR. SAWYER: I've got them at my desk. MS. FABACHER: All right. Mr. Chair, we're on Page 15 of the sununary sheet. And we are moved to section 4.07.02, design requirements. And I think Mr. Weeks is here to explain this amendment. CHAIRMAN STRAIN: David, what's that happening to your chin? MR. WEEKS: Can we blame it on Wilma? CHAIRMAN STRAIN: Well, Patrick had one for a while and his disappeared. MR. WEEKS: A different part oftown. For the record, David Weeks of the comprehensive planning department. As the brief staff report in your packet explains, there's a few different reasons for this proposal. Primarily it's one of clarification. It's been a longstanding provision in the land development code that PUDs must have a minimum of 10 acres in size, but that if the PUD is separated by an intervening street or road, that the separated portion of the PUD had to be a minimum of five acres. Well, we also have a provision that in some locations, most particularly in the mixed use activity center, there is no minimum size requirement for PUD. So there's an inherent conflict there. How do you treat a PUD in an activity center that might be separated by an intervening road. On the one hand, you have no PUD size requirement, on the other hand, the separated portion has to be five acres. Similarly for the infill provision where an infill PUD has a minimum size requirement oftwo acres, but again, if it's separated by an intervening road, how do you treat that, the five acres versus two? An additional issue is that there is no definition of what an infill PUD is. There's a reference in the existing text to a definition in the growth management plan and the LDC, neither of which contains such definition. So the remedy here is to provide for that definition. And additional point of clarification is where the existing language makes reference to the fringe, urban fringe area as identified in the growth management plan. Well, we have two such areas. One is the urban coastal fringe lying south of US 41 east, and then the other area is the urban residential fringe lying on the east side of Collier Boulevard and south of!75. And as I explained in the report, I see no compelling reason to have this zero acreage requirement. No minimum acreage requirement for a PUD for the urban residential fringe, that is lying east of County Road 951. Number one, the density limitation ofthat area is one and half units per acre. And, secondly, you don't really have the opportunity for a mixed use development as you would down in the urban coastal fringe area. Furthermore, in the urban coastal fringe area, the urban -- the future land use development specifically has language that says it encourages PUD zoning. So kind of putting all this together, is the background for why I've proposed the language here. To try to remedy these different circumstances and provide the clarity for how we would deal with PUDs and with different size requirements, and if they are, have a portion ofthe PUD separated by an intervening road or street. I'll stop there and if you have any questions. Page 99 1611 · December 1,2005 CHAIRMAN STRAIN: Any questions of David? David, I've got one. On the infill parcels, the minimum area for PUD be two contiguous acres. Then the last line on page 175, the last portion of it says, or property sharing at least two common boundaries with parcels that are developed. And it's referring to the definition of an infill parcel. I'm wondering, how much -- say you have two small pieces of property that are developed on each side. In the middle is a neck of a piece of property that opens up to a much bigger piece up here. Does that whole piece then qualify as infill because of these two small pieces on each side of it? And is there any limitation on the size of an infill parcel? MR. WEEKS: I would say yes to the first, that that unusually shaped parcel has a skinny neck, I would say that that would comply with this definition. Secondly, I don't think it would be so much of a concern from the way you phrase it, that turns into this very large parcel above, because again, the ten acres is the minimum size requirement for PUD anyway. So ifit has a skinny neck and the balance of it gets to that threshold often acres, then I'd say your example is what's the issue. CHAIRMAN STRAIN: Right. And the issue, that's what I'm trying to find out. Is there -- if that then qualifies as an infill parcel, does it give it any additional connotation or benefits that it would not normally have if it wasn't considered infil\? MR. WEEKS: I can't think of any because this is only in the context of qualifying for PUD zoning. This is not something related to a future land use element provision for density increase or qualifying for commercial, anything of that sort. CHAIRMAN STRAIN: Okay. That was my only concern. Any public speakers? MS. F ABACHER: No. CHAIRMAN STRAIN: And no other questions from the commission? Is there a recommendation to approve section 4.07.02 and find it consistent with the growth management plan? MR. MURRAY: So moved. CHAIRMAN STRAIN: Mr. Murray just made the motion. COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: Second by Mr. Schiffer. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybodyopposed? Motion carries. Thank you, David. MS. F ABACHER: Thank you, Mr. Chair. As you see on your sheet, the previous amendment that was submitted for building color has been withdrawn and I might say that was Mr. Schiffer and Mr -- COMMISSIONER SCHIFFER: Nichale. MS. F ABACHER: -- Nichale. And we're going to be very pleased with the product. So we're going to go to page 16 and we are on page 179 of your original packet. And this architectural in site design standards. And Mr. Samhorne is here to answer any questions that you might have concerning the -- where is it? MS. MURRAY: It's on page 179. MS. F ABACHER: Thank you, boss. Page 100 -~ 6:'. ,',,' " .--. ~,>>. I": u ""'"- December 1, 2005 l) CHAIRMAN STRAIN: This is the one dealing with the word reflective? MS. FABACHER: Correct. Yes. CHAIRMAN STRAIN: Okay. MS. MURRAY: Starts on 179. CHAIRMAN STRAIN: This is a complicated one. Are there any questions about taking the word reflected out? I'm sure, Brad. COMMISSIONER SCHIFFER: It's not just taking the word out. What it's really saying is that metal panels aren't allowed. Prior to taking the word out. MR. SCAMEHORN: Beyond 33 percent. COMMISSIONER SCHIFFER: Right. Reflective metal panels were the only problem child. MR. SCAMEHORN: I'm not changing anything except the one word, whether, you know, it was restricted to 33 percent before as well. COMMISSIONER SCHIFFER: Now there are beautiful pieces of architecture with porcelain enamel panels totally clouding them, so this would eliminate that, which would make Richard Meyer very unhappy. Keith, what do you think, what was the intent when this was written? What's the reflective problem? MR. SCAMEHORN: Confusion. The set up was for metal panels. We're trying to keep metal panels to industrial zoned properties. In this corrugated reflective metal panel, the question that starts surfaces, how much is reflective, you know. And high definition, anything that's not flat black is reflective. And black is not allowed by the -- MR. SCHIFFER: Everything we see is reflecting. MR. SCAMEHORN: Everything is, right, exactly. So this is just a confusion point and it's just dropping a word to try to eliminate confusion and highlight what we're just focusing on as keeping the metal panel to 33 percent of the facade. COMMISSIONER SCHIFFER: I mean, I'm comfortable moving along. I think it makes it easier for Keith. We can't deal with it the way it is. We have to do something to it. There is a system is the architectural standards where if Richard Meyer came to town he could go before a Board and be honored probably with approval. MR. SCAMEHORN: Ifhe does a museum here, there's alternate-- COMMISSIONER SCHIFFER: There's ways -- MR. SCAMEHORN: He can get a design for that, right. CHAIRMAN STRAIN: Richard Meyer, does he live here or something? COMMISSIONER SCHIFFER: He's like -- CHAIRMAN STRAIN: Is he a speaker here today? MR. SCAMEHORN: He has a house in Port Royal for these German, very affluent German people. CHAIRMAN STRAIN: Ifhe cares enough, he should be here in the audience. MR. SCAMEHORN: He does museums in Germany and all over. MR. MURRAY: So let me understand, may I please. I don't know what the size of panels would be. Are they specifically designated sizes panels, or are they just used as a term to describe something essentially rectangular or square? MR. SCAMEHORN: Just what-- COMMISSIONER SCHIFFER: All different sizes. COMMISSIONER MURRAY: So does that mean that if an architect were to create a facade that had panels placed in irregular forms or locations just to enhance the look of something, that's now that's Page 101 "" ') December 1, 2005 going to be -- MR. SCAMEHORN: No, it's still okay. MR. MURRAY: That's permitted? MR. SCAMEHORN: As long as it doesn't exceed the 33-- MR. MURRAY: The 33 percent. That was the critical factor? MR. SAMHORN: Yes, sir. COMMISSIONER MURRAY: So, that's really all you're saying. But you say removes the term reflective. If you remove that, then 33 percent has no application. MR. SCAMEHORN: You still do the panels, it's just -- it's just a word. I've had people present well, the metal industries lose panels that they say it's not reflective, but it is reflective. MS. MURRAY: I think what the problem is is that you want -- people want to exceed the 33 percent and they're arguing that their panel is reflective or not. And so this kind of removes that ambiguity. MR. MURRAY: Okay. But does it preclude creative architecture that allows for beauty that may come from a certain type of reflective panel to be applied to a building? COMMISSIONER SCHIFFER: Bob, let me put it this way. Frank Gary's, you know, Gugenheim Museum in Spain would not be able to be built because of this. But there would be a lot of people that would argue whether that's good or bad. COMMISSIONER SCHIFFER: The point is, do we have something in the code that ifthe designer really felt that strongly about it, he has a way to express that to other designers. And the problem is, this is a tool Keith has to work with, the word reflective in there, it's a useless tool for Keith, so we have to fix it for him. MR. MURRAY: So, do I understand you support or not support this? COMMISSIONER SCHIFFER: I support it. COMMISSIONER MURRAY: Okay. Thank you. COMMISSIONER SCHIFFER: If you want I'll make a motion. CHAIRMAN STRAIN: Well, let's get through the process so we can. You're right, this turned into a complicated word. Okay. Kathy, do we have any speakers? MS. F ABACHER: No, we have no public speakers. CHAIRMAN STRAIN: Hearing no further comments from the panel, do I have a motion to recommended approval of5.05.08 CI3-CI and find it consistent with the growth management plan? COMMISSIONER SCHIFFER: So moved. CHAIRMAN STRAIN: Mr. Schiffer has made the motion to approve. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Mr. Murray has seconded the motion. Any further discussion? Hearing none, all those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: Nobody is opposed. Motion carries. Thank you. Now, the court reporter needs a break. And we will take a 1 5-minute break for the court reporter. Page 102 1611 . December 1, 2005 When we get back, I would like to discuss with the commissioner a termination date for today's meeting. COMMISSIONER SCHIFFER: One quick thing, Keith, has one more item. Ifwe go through it, it's a tiny one, I promise you this time, and he could get out ofhere. So we could give him 30 seconds I bet we could -- CHAIRMAN STRAIN: No, we're going to have to come back after the break. Fifteen minutes. I'm sorry. Thank you. CHAIRMAN STRAIN: I think we can come back to order now. Mr. White wants to put something on the record. Thanks to the help of our records department. MR. WHITE: Assistant County Attorney, Patrick White. Just note for the record that the court reporter has been required to leave, and that we were moving forward with an audio and videotape of these proceedings, which will subsequently be transcribed and available. And I don't believe they'll create any legal issue from that, but I would just ask that each of the speakers as they newly come up to identify themselves and if they're from the public, provide their address. Thank you. CHAIRMAN STRAIN: Thank you, Mr. White. I want to thank the records department for accommodating us this afternoon. The rest of the panel, I'd like to see us try to finish this up this afternoon and hopefully we'll get it done before six o'clock. So, with that, Mr. Scarnhorne and Ms. Fabacher, let's move forward. MS. F ABACHER: Okay. Now, we are doing on the bottom of page 16 on the sununary sheet. We're going to do, reducing the required width of pathways from 60 to five feet. That's on one page l81 in your old packet, and Mr. Scamhorne is going to discuss why. MR. SCAMHORNE: Again, my name is Keith Scarnhorne, urban design planner doing land development review. The previous LDC, five foot was was the requirement. There was discussion with transportation at the time going to go six foot on all sidewalks. That was later not pursued and with transportation. However, the architectural did get the six foot approval. Since then, as you know, China has driven the price of concrete, and interest of the public, and interest and all, five foot. The way it was before is what we're going for again. And we'll leave that as -- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I believe I'm correct in saying that a number ofPUDs were approved with the requirement for six feet. Will they be relieved of that requirement now in order for us to be consistent, or will that remain in that ordinance, because they're an ordinance, I would assume -- well let me just ask the question. Will the PUDs that have already been approved, assuming that they exist, will they be required to do six feet? CHAIRMAN STRAIN: Mr. White, I think this is one of your questions for you. MR. WHITE: I'm sorry? CHAIRMAN STRAIN: If a PUD has a six foot requirement to do a sidewalk and we eliminate the six foot requirement by this amendment to the LDC, even though the PUD had it stated in it's document, will it have to end still doing the six foot even though the LDC is changed to five foot? MR. WHITE: Absolutely. COMMISSIONER SCHIFFER: Well, and look at this. This is only for sidewalks around buildings. This is not a subdivision situation. This is not -- MR. SCAMHORNE: It's the sidewalk from the entry to the street sidewalk and between buildings, yes. COMMISSlONER SCHIFFER: And essentially, when this was put in, it was felt that the code was going to change to six feet. It was, you know, a shot that wasn't necessary to take and they want to put it back to five. MR. MURRAY: Well, that's the reason I'm posing the question. On the premise, that because Page 103 '. J 1 0 December 1, 2005 of the cost of concrete, et cetera and the burden, I thought, okay, I pose the question so the answer is no. There will be some PUDs that will have six foot. Okay. MR. SCAMHORNE: That will remain, yes. CHAIRMAN STRAIN: On item F is where you change the building perimeter path, the minimum from six feet to five feet. Item D has pedestrians' pathways must be a minimum of six feet. So, we're leaving pedestrian pathways at six feet, and the building perimeter pathways are five, or you need to change both to five feet. MR. SCAMHORNE: Yeah, it's five feet. CHAIRMAN STRAIN: So D needs to have a strike through and change to go to five feet; is that right? MR. SCAMHORNE: I'll look into that. You're right. The sidewalk and LDC. CHAIRMAN STRAIN: Okay. MR. SCAMHORNE: Transportation still has some cases where they have six foot requirements, and that does not change the transportation requirements, just the LDC requirements. CHAIRMAN STRAIN: Okay. Other questions of staff? MR. MIDNEY: Sounds reasonable to me. CHAIRMAN STRAIN: I think so too. Any public speakers? MS. F ABACHER: No. CHAIRMAN STRAIN: Is there a motion to recommend approval of section 5.05.08E2F and find it consistent with the growth management plan with the caveat that Item D gets changed to five feet as well? MR. MIDNEY: I so move. CHAIRMAN STRAIN: Moved by Mr. Midney. COMMISIONER TUFF: Second. CHAIRMAN STRAIN: Second by Mr. Tuff. Any discussion? All those in favor, signify by saymg aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybodyopposed? Nobody opposed. Thank you, Keith. MR. SCAMHORNE: Thank you. MS. F ABACHER: Okay. Mr. Chair, now we're going to turn to page 17. Seventeen of the sununary sheet and we're going to look at page 183. I believe we already put the definitions back in. The 10802 we've already done. So, what we're looking at are the specific standards that have been changed on 183, and it actually isn't until you get to 185 that you see the change in your old packets. And all they're doing under G ground signs. Ground signs has this information about the planting bed around it in another portion of their requirements, but it's not in the part where they mostly go. The part that they use the most when they are -- people are designing signs and so forth. So what they're doing is kind of cross referencing this to a place where it really should be. So it exists already in the code someplace else, but it needed to be in this section. CHAIRMAN STRAIN: Okay. MS. FABACHER: Okay. Now the next change is the conservation Collier signs. And you'll Page 104 1611 . Decem'ber 1,2005 remember the commission voted to recommend approval of conservation. And this is to allow them to have that one sign we talked about as a -- as being, you know, remember how we said without going through site plan review and everything they could just simply put in an access way, a simple sign. Parking lot, I think it was less than ten, or ten and under. Okay. That's that. And under temporary signs, they made a change to Section D, which requires you to obtain a temporary use permit to put up the temporary coming soon sign, you know, as opposed being part of the building permit process because those signs can be up in a year or more before, so the building actually gets built. CHAIRMAN STRAIN: Okay. MS. F ABACHER: Any questions on that? CHAIRMAN STRAIN: Any questions of the panel? I see there's a lot of public speakers. MS. F ABACHER: No. CHAIRMAN STRAIN: Okay. Is there recommendation-- COMMISSIONER SCHIFFER: Mark, before you do that -- CHAIRMAN STRAIN: So you do have a question for the panel. COMMISSIONER SCHIFFER: The fire chief is here and what he was kind of requesting was the ability that the fire department would like to put signs on sites that they purchased long before they permitted them to let people aware of the fact that they permitted them. Is there a way we could get that into this? CHAIRMAN STRAIN: Well, I think what I discussed with the chief, and I'll relay it to staff, he did have a concern about Item D, and he asked that, and I suggested after we talked for a while, that maybe if we were to allow the signs to be erected after the zoning was secured on a piece of property and allowed to remain in place for up to l2 months prior to the issuance of the building permit, and then this would apply at the time of building permit, that would work. If they didn't get a building permit after l2 months of rezone, then the sign would have to come down until they got one. That seemed reasonable to him. Does that work okay? MS. MURRAY: Why do they need a sign at that point? I'm just wondering. CHAIRMAN STRAIN: Because they're concerned that apparently them, for example, they just started their new station next to Surrunit Place. They went out there and they couldn't put a sign up so they started tearing the place apart and a lot of people are coming out of the woodwork wondering why they're there, how did they get there. I didn't know I moved next door to a fire station. If they had a sign up from the time they were rezoned, all the new buyers in Summit Place would have been able to see that there was actually Government institution going in next door. So that's what they're asking for. It didn't seem unreasonable. Is that going to be a problem though with staffs implementation? MS. MURRAY: I don't see how it's different from any other use. I mean, what ifit's a commercial shopping center? I mean -- you know what I'm saying? That could be just as objectionable or positive, however you want to look at it, you know, as a fire station. I'm just trying to understand the distinction between the two. Try to treat everybody fairly. CHAIRMAN STRAIN: I'm not saying we would separate them, but would there be a problem with having a sign erected at the time of zoning that someone's intention is to build on this parcel? Is that a bad thing? MS. FABACHER: Mr. Chair, Diana Campioni is here with a sign. CHAIRMAN STRAIN: She's not here with signs, she's here to talk about signs. MS. F ABACHER: I'm sorry. MS. CAMPIONI: For the record, Diana Campioni, building review, sign review. The clarification in coming soon signs was it was unclear before when they could actually put a coming soon sign on property that was approved. And I did speak with the chief outside the door and took his issue into Page 105 1611 December 1,2005 . consideration, and maybe we can put some kind of language if it's essential services. I understand his concern, but our concern with this is, and I'll just use it for instance, the Hooters sign that was up on Pine Ridge Road for 12 months, and then they didn't actually go through and build the project. And signs that are up like that could be all over the county for, if you were going to approve it at 12 months, or -- at least this way they have to have their building permit just applied for and then they can have their temporary use permit for up to six months. And usually they'll either have their building permit and then go into a construction sign, or they would be able to have their permanent sign up. MS. MURRAY: I think signs could give -- Susan Murray, for the record -- bad information as well as good information. And I think the insurance here is that they've applied for a building permit and they're more than likely elligible to get one and they're going to build the development rather than just having signs all over. COMMISSIONER MIDNEY: I think it's a good idea to avoid proliferation of signs, and I think it's a good rule to put in, and I don't see - I agree with Susan, I don't see why a fire department or a government building should be treated different from a commercial thing. I think the six month rule is good for everybody. MR. MURRAY: And whether intended or not, pretty good advertising, pretty cheap advertising for a company like Hooters. So, there are a lot of reasons to consider. COMMISSIONER SCHIFFER: But there is a difference I think. In the case of the fire department, they want to notify the community that a fire department is coming so the community can make judgments based on that. In the case of a commercial situation -- MS. MURRAY: But there's other opportunities for them to do that. And anybody who buys property ought to be looking at who their neighbor is. And I mean, they could be asking the developer, the real estate agent. They could come to the county and ask for that information. So there's -- I don't buy it it's the only way for people to find out that information. If they don't do their due diligence I don't really feel like -- COMMISSIONER SCHIFFER: Well, I don't think the chief would have brought it up ifit wasn't a real problem, so let's deal with it that way. For other opportunities, what's the other opportunity for the chief to get a sign other than working in this ordinance right here? MS. CAMPIONI: Well, I did tell him that in the next cycle or the cycle directly after that we were going to try to put some language in and we would do some research on, you know, whether we could add something into the code. COMMISSIONER SCHIFFER: Because I think it is a benefit to the community to see what resources and where they're coming prior to them coming anyway, so -- again, it isn't a commercial advertisement situation. It isn't Hooters. It's a fire department. MR. MURRAY: I wonder -- and this is outside the scope, but I wonder if you couldn't -- Summit Place would be a good place for him to get some kind of reference in there ifhe wants to show that there's a fire department being built. It would be a good idea. I know that's particular to this issue and not to the code. COMMISSIONER SCHIFFER: Let's let it go and have something new come in. CHAIRMAN STRAIN: Commissioner Caron? COMMISSIONER CARON: Donna Caron, for the record. I think your idea oflimiting it to essential services makes the most sense. Helps the chief and anybody moving into this community, I feel, and working on that language would seem appropriate. MS. CAMPIONI: Okay. CHAIRMAN STRAIN: Well, is the consensus -- well, obviously we've got to make a motion, but before we do, is the board comfortable with limiting a temporary, or suggesting that we limit temporary Page 106 1611 December 1, 2005 . signs for essential services, to a different period of time, say 12 months after rezone? COMMISSIONER MIDNEY: I could accept that. CHAIRMAN STRAIN: Well, you guys figure out, that's a suggestion to go to the BCC. See how they feel about it. COMMISSIONER SCHIFFER: Mark, the only -- the 12 month after rezone, if! understand the chiefs problem, it's really prior to rezone that he would like everybody aware. CHAIRMAN STRAIN: No, he got plenty of notice prior to rezone. In fact, he had to put a rezoning sign up like he's required to do. He notified the neighborhood. It was quite a contested issue. And then everything died down because he had to get the funds to build the building that he got rezoned for, and that's gone on for almost, what, a year-and-a-half, two years. During that period of time there's no sign on the property because he had to take the zoning sign down. The property sits there like an open field and the people moving in Sununit, or the newer buyers, they're looking out seeing this field thinking, you know, not knowing what they're moving in against. And, yes, they should have done due diligence but not everyone ends up doing what they should do. So they moved in and all of a sudden the chief is out there with large equipment digging the place up and he's trying to tell them he's putting a fire station in, and a lot of them are expressing real concerns about sirens and things that they should have expressed had they been here when the rezone happened. So, that's what that particular issue came up for. COMMISSIONER CARON: I think he's just trying to be a good neighbor. I think we should help him in doing that. MS. MURRAY: I'm going to keep my comment to myself because we had this discussion at the rezoning, or whatever it was for that property, and I remember getting quite a bit of criticism for recommending denial of the training facility for that exact reason, and now all of a sudden it's a problem and that bothers me. I'll just leave it at that. I think what we'll do is try to look at -- we'll take your recommendation and bring it to the bored. Is that what you want to do? CHAIRMAN STRAIN: Yes. MS. MURRAY: Okay. And then we'll-- CHAIRMAN STRAIN: They didn't get that training facility, did they? MS. MURRAY: No. CHAIRMAN STRAIN: Oh, I thought you thought -- okay. You weren't in that argument. We supported you. MS. MURRAY: Yeah. It's not a win lose for me. I think the staff got quite a bit of criticism for recommending denial of the training facility simply from a compatibility standpoint. And now all of a sudden compatibility is a problem and we need a sign. You know what I'm saying? CHAIRMAN STRAIN: But you didn't get -- just for the record though, this board supported the staff's position on that. MS. MURRAY: Yeah. I'm not -- it's just a little -- I just don't understand the logic when somebody thinks something is compatible and all of a sudden it's not and they need a sign. I don't understand that logic but -- CHAIRMAN STRAIN: I don't think they're compatible. MS. MURRAY: It's outside of our scope. I'm sorry. CHAIRMAN STRAIN: I don't think it's compatible either, for the record, but I think the sign would help tell the innocent people that come in -- MS. MURRAY: I agree. As a public we should be concerned about, no doubt. COMMISSIONER MIDNEY: You don't want to do a motion, Mark? CHAIRMAN STRAIN: Oh, yeah, I'm going to go there now. Recommendation for approval-- yeah, I'd like this board to entertain a recommendation to approve section 5.06.04 and find it consistent Page 107 !eQmlll,20t5 with the GMP with the added suggestion that the staff explore a means of having a temporary sign allowed for a essential services up to 12 months after rezone. MR. MlDNEY: I'll make that motion. CHAIRMAN STRAIN: Motion made by Commissioner Midney. COMMISIONER TUFF: Second. CHAIRMAN STRAIN: Seconded by Commissioner Tuff. Any discussion? All those in favor, signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSlONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Thank you. Street lights. MS. FABACHER: All right. Streets lights. We're at the bottom of page 17 of your summary sheet and we're going to page 187 of your old packet. And Russ Muller is here to answer any questions you may have and give you a little background on that amendment. MR. MULLER: For the record, Russ Muller with engineering review. And I'm kind of tag teaming with Nick Castello with transportation. CHAIRMAN STRAIN: I thought there was somebody else behind you besides you, Russ. MS. F ABACHER: Sorry, Nick. I thought you were here for something else. MR. MULLER: For the record, it's M-U-L-L-E-R. What we're doing is trying to clean up a current code. Before it was the code just said, arterial level lighting at street entrances and we got some questions about what that was. And we went out and did some measurements and decided to change the code to specific -- specific foot candle measurements and find out from electrical engineers that that wasn't the correct way. We weren't measuring it correctly and that wasn't the correct way to do it interior. I think Nick has some specific foot candles he would like at the entrance of the buildings, or the developments to protect the pedestrian and bicycle traffic as well as the automobile traffic when somebody is driving into a development. CHAIRMAN STRAIN: Questions? I have some questions if nobody else does. MR. MURRAY : Well, you provoke questions with -- well, you said Nick has some what? Some indoor or inside? MR. MULLER: He has some specific foot candle measurements that he would like to see at the entrance to a project. So an entrance to a PUD, or entrance to a subdivision right at the right of way line. MR. MURRAY: I guess the question that provokes is, it's not what Nick wants, it's some standard that you've relayed to me. MR. COSTELLO: For the record, Nick Costello, transportation. We had foot candle requirements currently in the code. Russ and I went out on a moonless night at three o'clock in the morning -- I still haven't forgiven him for that -- we took some measurements the correct way, on the ground. We found out the 2.0 foot candles were pretty consistent with our original code, which was a well-lit entrance. And we took those entrances probably, I would say, a good 20 or 30 developments. So we didn't get arrested that night. That was a good sign. And we got some feedback from the electrical engineers doing Page 108 "\'l 1 J;_. December 1,2005 o the photometric plans, doing the designs for the entrance lighting. And that's why we came up with this. And they were in agreement that that was a fair number, it provided adequate lighting and we also went with the recommendation of full cutoff optics. So when you were driving down the roadway, you wouldn't be looking at the light in your eyes like you see in some of the roads out here currently. That's where we came up with those numbers. MR. MURRAY: So if! understand that correctly, that's a consensus or agreement among qualified individuals, but not taken from any standard by any Federal state or any other forum, correct? MR. COSTELLO: We use some of the guidelines and IESA, if I'm saying that acronym correctly. And we met with some of the professionals in the area and we took field measurements. So we did a broad review and we talked to the development and the design community, we looked at the gnidelines, took some field measurements, and it was a conservative number. Some were a little higher, some were a little lower. It was all within a foot candle range. A foot candle range that the naked eye couldn't really pick up. COMMISSIONER MURRAY: You did how many again? MR. COSTELLO: Probably about 20 or so. COMMISSIONER MURRAY: And you feel that's an adequate evaluation for all probabilities? MR. COSTELLO: Yes, sir. We probably went with some of the worst offenders and some of the ones that were too bright, and we went with some of the ones that were too dim and we found the 2.0 that we had in the original code was pretty safe, pretty bright. The only problem we had was that we wanted to see full cutoff optics, because when you were driving on the road, you don't want to look at the light. MR. MURRAY: Sounds like you're doing a good job. MR. COSTELLO: Thank you. CHAIRMAN STRAIN: Commissioner Schiffer? COMMISSIONER SCHIFFER: Nick, up at the top of 188, Page 188 there's a -- I think you need a little bit more. It says the i.e. standards for street lighting are as per IESA, and then except as below, but you eliminate everything below. Shouldn't you remove the except as below? MR. COSTELLO: Correct. COMMISSIONER SCHIFFER: Just a scribner point. MR. MULLER: I think below at the entry or exit. I think where we define it. COMMISSIONER SCHIFFER: Well, that would be -- then there's a formatting problem if that's the case. MR. MULLER: It should probably say except as below, or exception B. COMMISSIONER SCHIFFER: If that what's you want. MS. F ABACHER: Mr. Chair, I had a question along that line that I probably should have asked you a long time ago, but -- on A, street light standards shall be designed installed utilizing the IES standard. Is that supposed to now to go IES&A standards, or -- MR. MULLER: Correct. MS. F ABACHER -- or do you want to say using illumination standards for each street per. MR. MULLER: W ell-- for the record again, Russ Muller. That IES&A RP8.00 is a book. And the IES is the standard. MS. F ABACHER: Okay. So it's fine the way it is. MR. COSTELLO: We can say as updated just to make sure. MS. F ABACHER: No, I'm just asking. Thank you. CHAIRMAN STRAIN: Any other questions? Ifnot, my tum. Page 187 under the title of change, and requirement for full cutoff picture. Are you suggesting that we have full cutoff lighting fixtures throughout all the roads in every project from here on out? Page 109 161' . Decemberl', 2005 MR. COSTELLO: No, sir, only on entrance lighting. CHAIRMAN STRAIN: Show me how this document limits it to just entrance lighting. COMMISSIONER SCHIFFER: Because it's only in sub set B with the entrance lighting. CHAIRMAN STRAIN: Well, I'm worried about A because A also refers to full cutoff fixtures. Install utilizing IES standards at each street intersection, and requiring along each street. And they took out the exceptions in A, which now makes me worry that, if you take out those exceptions, are all the streets back in? MR. MULLER: All the streets interior to a project we're recommending full cutoff. CHAIRMAN STRAIN: That's what I was trying to ask. So, let's go back to my original question. You're asking for full cutofflighting fixtures on all streets? MR. MULLER: Correct. CHAIRMAN STRAIN: Not just entry streets? Not just entry. Now that brings in a whole myriad of problems because you're going to have to have different spacing. And I notice you're changing the height off the ground in which you measure illumination which is going to require different intensities of that lighting. What is the fiscal impact of this because you've got no values down here for fiscal impact. You say it's going to aid things, okay, but it's also going to cost money. Anything that aids something is going to cost something. MR. COSTELLO: To be honest with you, my interpretation is we're going to do the full cutoffs at the entrance, and then we'll review them for the interior. CHAIRMAN STRAIN: Well, you know, out on the street there's rumors that said that and there's rumors that Russ said just the opposite, that's why I'm asking the question. MR. COSTELLO: Well, we have to correct that. MR. MULLER: And I know it's going to cost more because you're going to put lights closer together. I asked an electrical engineer for that number and I never got anything back. CHAIRMAN STRAIN: Well, I got all kinds of scare tactics from them, and none of them I liked. And the whole objective was to try to find out today what you're really wanting to do. And if it's your way, you guys have to come back and tell us the fiscal impact on the county portion of it because the county is going to have to change it's fixture standards. MR. MULLER: No, sir. The county roads are not the development. CHAIRMAN STRAIN: Oh, so the county gets exempted from the higher cost. MR. MULLER: Does as we say, not as we do. CHAIRMAN STRAIN: How do you equate that as being fair? You know the entry roads I can go along with that, but when you want the insides of all these private developments when the county is not willing to do it themselves, seems a little extraneous or enormous on top of development impacts. I can't see how that's justifiable. MR. COSTELLO: I would agree with that in a sense that I think the development community should be able to make that decision on their own it's not a county road. But I would strongly recommend we keep it full cutoff where it meets the county right of way. I don't have a problem if you want to make a recommendation that this would apply to county entrance roads and we leave it internally up to the development community. COMMISSIONER MURRAY: I would agree with that. COMMISSIONER MIDNEY: I would agree too. I don't see the rationale of having that on the arterial roads. CHAIRMAN STRAIN: Okay. If that's the case, then the rest of the questions go away. Because I don't care where you measure from, if it's just on the entrance road, you guys got to do what you got to do for the best aspects of the county and the public, but inside private developments, I just didn't see that. Page 11 0 1 i n ~ 'O~ 1 e December 1, 2005 MR. COSTELLO: My main concern would be the county right of ways. So if we want to make that change, we will, and if you want to make that recommendation, we'll make that change going forward. CHAIRMAN STRAIN: Okay. Any other discussion? How about public speakers? MS. F ABACHER: No, they're not here. CHAIRMAN STRAIN: Is there a motion to recommend approval for section 6.06.03 and find it consistent with the growth management plan with the subject change that this will be applied to county right of way entrances only. MR. MURRAY: Yes. CHAIRMAN STRAIN: Nowhere else. MR. MURRAY: So moved. CHAIRMAN STRAIN: Motion made by commissioner Murray. Is there a second? COMMISSIONER MIDNEY: Second. CHAIRMAN STRAIN: Second by Commissioner Midney. All those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MlDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Thank you. What a tag team you guys are. MR. MULLER: Thank you, Commissioner. CHAIRMAN STRAIN: Thank you. MS. FABACHER: All right. Mr. Chair, we are on page 18 of the summary sheet. We're looking at section 9.04.02, which is in page 190 of your packet. And I don't think that assistant county attorney Student is here, so I will try to fill in on the legal aspect of it, and Barbara Burgeson is here from environmental services in case you have a environmental question. You all got the picture of Plantation Island one, two and three -- units one, two and three. Essentially, they are -- we made -- Susan, you may have to help me here. We made an agreement -- we settled a case with the -- was it with the state? No, the DCA whereby we would find a way to allow people to use these lots, otherwise it would be a taking. And part of the agreement was -- am I right, Patrick? MR. WHITE: So far. MS. F ABACHER: Okay. We would give them some relief. So this variance has been put in to create that relief for these specific lots. And they still have to go by, you know, have to hold a meeting of the Big Cypress area of critical state concern and that's it. CHAIRMAN STRAIN: Any questions before I start mine? COMMISSIONER SCHIFFER: I have some more. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: Just on the charts you gave us, are the lots in question only those that appear to look like a trailer park, or how about the ones across the waterway? Is it every lot in this area? MS. F ABACHER: It's the vacant lots in that area. Susan -- I mean, Barbara do you know? COMMISSIONER SCHIFFER: The vacant ones are the ones I'm worried about. MS. F ABACHER: I think it's labeled on the photograph. COMMISSIONER SCHIFFER: Is it the ones that are colored in yellow. Page 111 1611 . Decem15er1t, 2005 MR. MURRAY: Yellow? Where are they? Oh, I see. MS. BURGESON: For the record, Barbara Bergeson, with environmental services. I'm sorry. I'm not an author on this and I don't have the advantage of having had these handouts before, nor working on this amendment, but from recollection when this was going through -- maybe about a year ago through the process with DCA, I know one of the issues was to allow some of the lots that were completely vegetated with wetlands species and were 100 percent title an opportunity to develop. So it's not just the lots that are clear, but I cannot tell you what the boundary is -- what the boundary of the amendment of the agreement with DCA is, but it does clearly involve lots that are completely vegetative in title. COMMISSIONER SCHIFFER: Could you put it on the overhead so does that waterway have a name to it going through there? CHAIRMAN STRAIN: On, no, you had it right. Keep going back the other way. There you go. That works. COMMISSIONER SCHIFFER: Does that waterway have a name, do we know? MS. BURGESON: I can't answer that question. I'm sorry. COMMISSIONER SCHIFFER: Are any of these lots on the opposite side of the waterway? MS BURGESON: I can't answer that question either. Unfortunately, Margie is not available. COMMISSIONER MIDNEY: I can't see how they can develop the opposite of the waterway, since there's no roads. MS. BURGESON: Oh, no, I'm sorry. You're talking about the ones on the south side of the water. I don't believe it has anything to do with any of the areas to the southbound of that waterway. COMMISSIONER SCHIFFER: How about the ones like to the east of that. Are they-- MS. BURGESON: Let me point out some of the area. Along here-- CHAIRMAN STRAIN: You'll need the --I'm sorry, you need a microphone. Barbara. They're going to have to transcribe this off the recording, so -- MS. BURGESON: Okay. Pointing to some ofthese lots here where they are completely vegetative in title. This does cover, I believe it covers all of those lots. I was not involved in the BCA agreement so I really can't give you any details on that. CHAIRMAN STRAIN: Well, you know what, I'm going to have more questions that are more technical in nature involving the subdivision that is not recorded in other language here. And if it's Margie's project and she's not here, why don't we just put this thing off until the 15th, otherwise we're going to spin our wheels today and have to do it again on the 15th. Does that sound logical to everybody? (All affirm.) CHAIRMAN STRAIN: Okay. Let's just go to the next one. Mr. chairman, I'm not sure you'll benefit from having a copy of what that agreement may have been, but certainly knowing what those lots are would seem to be the thing that we ought to ensure comes back to you for your consideration. CHAIRMAN STRAIN: Well, that was going to be my questions. The facts that -- while I have about five or six. I'm sure Barbara is not going to be in a position to be able to respond to them, so I just assume we wait until Margie gets back here on the 15th. Let's go on to -- MS. F ABACHER: All right. We're on page 19 of the summary sheet, and we're on the top box there, the top column. And its section 10.02.06 of middle of requirement for permits. Page 124 in the packet And essentially, this is to follow the GMP. What they did in the GMP was, if you receive an agriculture clearing permit for a piece of property then it says -- it used to say then you can't rezone it for ten years. They changed the GMP -- am I right, David? They changed the GMP to say 25 years, so the LDC is trying to come up with compliance with consistency with the GMP. CHAIRMAN STRAIN: Thank you. MR. MIDNEY: I don't see anything to object to on that. Page 112 16 ~ 'J. ,- December 1, 2005 CHAIRMAN STRAIN: I know, but we already realized when we don't think, there always is, so does here have any comments? Brad? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: Okay. No public? MS. FABACHER: No public. CHAIRMAN STRAIN: Is there a motion to recommend approval of section 10.02.06 and find it consistent with the growth management plan? COMMISSIONER MIDNEY: I so move. CHAIRMAN STRAIN: Motion made by Mr. Midney. COMMISIONER TUFF: Second. CHAIRMAN STRAIN: Second by Mr. Tuff. Discussion? All those in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybodyopposed? No one. Thank you. COMMISSIONER SCHIFFER: Is there a reason we skipped page 192? MS. FABACHER: Yeah. CHAIRMAN STRAIN: That was withdrawn. That was withdrawn. MS. F ABACHER: Also page 197 is withdrawn. CHAIRMAN STRAIN: We're on 199 now. MS. F ABACHER: Right. We're on page 199 in your old packet. And let's see, all we did on this one was to change the citation. If you look on -- a reference. If you look on page 200, when some of the other language changed during the last cycle, then we missed changing this citation. So this just corrects the citation to reference the correct -- MS. MURRAY: Section number. MS. FABACHER: Thank you. CHAIRMAN STRAIN: Any questions from the panel? Mr. Midney, I be this one will go through fine. COMMlSSIONER SCHIFFER: I don't have any objection to it. CHAIRMAN STRAIN: Is there a recommendation to approve section 10.02.13 and find it consistent with the growth management plan? COMMISSIONER MIDNEY: I so move. CHAIRMAN STRAIN: Thank you. COMMISSIONER MIDNEY: I'll second. CHAIRMAN STRAIN: Motion made by Mr. Midney and second by Mr. Schiffer. Any discussion? All those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRA Y: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. Page 113 1611 December 1,2005 . COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybodyopposed? Only one opposed. 201. MS. FABACHER: Okay. 20l, this will be a little show and tell. I can't remember ifI'd given you the revision. In your old packet it says, proposes to move the notification range to a mile, which is what they looked at originally. It's currently 1,000 feet and someone at a public hearing stood up and said well, we didn't get a notice on this. So .Joe said well, let's change to it a mile. Well, since then we looked at a mile and all of the names and it comes down to names and property. Here's a process where the applicant under per conditional use, a zoning change, a PUD amendment, a PUD extension, these sorts ofthings has to notify and send letters out to all the people within 1,000 mile radius of the property. CHAIRMAN STRAIN: One mile you mean. MS. F ABACHER: No, no. It's currently -- I'm sorry. A thousand foot, you're right. Sorry. Sorry. Thousand foot. So now we're coming back and we looked at that and I've got the numbers over here. Joe had the graphics department do a couple of little runs at the process. Okay. Let's see. And this is all in Golden Gate Estates. Purely in the nonurban portion of Golden Gate Estates. The urban, you know, it's a 500-mile -- okay. He looked at doing -- CHAIRMAN STRAIN: 500 feet. You said 500 miles. MS. F ABACHER: Did I? COMMISSIONER SCHIFFER: You know, Jacksonville might be interested in the amount. MS. F ABACHER: Thank you, Susan. This is approximately what we've got with 1500 feet, and that was 1 60 property owners total, okay, from this part of the estates. This is 2000 feet and we got 245 property owners. Under the current regulation, 1,000 feet yielded 89 property owners. The reason I'm saying this is important is because the applicant has to pay for the postage and send letters to these people. The applicant also has to hold a neighborhood information meeting, and ifit gets to be over so many people, it's no longer a meeting it's a mob. But, for your consideration, here's another -- we just tried it from different sections of the estates. So this one was 74 -- property owners at 1,000, at 1,500 we got 132, and at 2000 we got 20 I property owners. COMMISSIONER SCHIFFER: Catherine, you've never gotten near a mile on any of these studies, so. MS. F ABACHER: I do. I have a mile over there and it's like 3,000. COMMISSIONER SCHIFFER: So whose idea is this? This is Joe's idea, and Joe creates the idea and kills it with -- MS. F ABACHER: No, no, no. This is something that was brought up at a town hall meeting with the commissioners there and they said, let's look at extending the range, and Joe just said look at a mile. That's all. So he wrote it as a mile and then graphics and some of the other people in the office who have to do these notifications and came up with these names came back and said, are you trying to kill us. So, that's why they worked on all this data. But our point is, we don't want to go with a mile anymore. The choice is, to leave it at 1,000 or go to 1500 or maybe 2000. CHAIRMAN STRAIN: A thousand feet picks up what? A thousand people picks up 89 people, did you say? MS. F ABACHER: It depends on where the property is. Say we ran it about five times. It picks up about anywhere between 90 and 125 people. You get more like 250 to 300 people at the 1500 range, and you get close to 500 people at the 2000, which I think we agree is unmanageable. CHAIRMAN STRAIN: Yeah, but if you're within l,OOO feet as this purple area shows, my goodness, how can anything affect you beyond that point? MS. F ABACHER: Putting in a fire station. CHAIRMAN STRAIN: Beyond 1000 feet? I mean, four blocks over from that red square, I don't Page 114 1611 December 1, 2005 . know. MS. F ABACHER: I agree. MS. MURRAY: It's really dependent on where the subject property is, but most of these are going to be, you know, for conditional uses and things like that anyway. CHAIRMAN STRAIN: Not intense. MS. MURRAY: On the main roads. I mean, they're not in the middle of neighborhoods, per se, on, you know, on dead end streets at the end or something like that. MR. MURRAY: They still have to put a sign up? They still have to advertise? MS. MURRAY: Correct. CHAIRMAN STRAIN: Why don't we just leave it like it is. MS. F ABACHER: Good idea. CHAIRMAN STRAIN: Why make life harder? COMMISSIONER SCHIFFER: I mean, the only thought that I would throw in was maybe the streets in which it's on, you can notify property owners along that. But once you put the sign up, they go by the property they see the sign and they can take an interest. It's the people in the back that wouldn't see the sign and you pick up with that. MS. F ABACHER: Right. I think Joe's attitude was let's give the planning commission and the board a chance to look at the issue and see what they think. Thank you. CHAIRMAN STRAIN: Well, the consensus of the board seems to not let this one go forward. So is there a recommendation to deny -- COMMISSIONER MURRAY: I would make that recommendation. CHAIRMAN STRAIN: -- 10.03.05 and find it inconsistent with the growth management. COMMISSIONER MURRAY: I would make that motion. COMMISSIONER SCHIFFER: I'll second. CHAIRMAN STRAIN: Motion by Mr. Murray, seconded by Mr. Schiffer. Discussion. All those in favor. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. MR. WHITE: Was the form of the motion that it was consistent or inconsistent? CHAIRMAN STRAIN: Inconsistent. MR. WHITE: Thank you. MS. FABACHER: Okay. Thank you. We're on the next page 21, and we're in the same section of the code the land development code which is the public notice requirements at 10.03.05. What we did back in the last cycle was -- CHAIRMAN STRAIN: Wait a minute. Mine has a big gray section on it. MS. F ABACHER: That's because you hadn't seen it before. CHAIRMAN STRAIN: Well, do we have -- where is that paper to be found? MS. F ABACHER: I'm sorry. That paper came -- okay now I'm in your October 18th packet. CHAIRMAN STRAIN: Before we go into that packet, let's finish up the back of the original book, which is page 203, then we can put that book aside and start on the new one. MS. F ABACHER: Good idea. Page 115 1611 . December 1,2005 CHAIRMAN STRAIN: We're on the last one on page 21 then; is that right? MS. F ABACHER: That is correct. That is correct. And this was -- Ray Bellows wrote this, and it's just adding the fact that when -- when people put in an application for conditional use and they kind of let it slide past their deadlines, the application dies. So this is just to -- before, I guess we wrote them, but now we want to send them by certified mail and just have that in our records that they were notified. That their application had expired. Because they didn't meet the time lines. CHAIRMAN STRAIN: Okay. Any comments from the commission? Hearing none, is there a recommendation for approval of section 10.08.00 and find it consistent with the growth management plan? MR. MURRAY: So moved. COMMISSIONER MlDNEY: I'll second. CHAIRMAN STRAIN: Motion by Mr. Murray, second by Mr. Midney. All those in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Motion carries. Okay, now-- MS. FABACHER: Okay. Mr. Chair, we want to go back then and-- CHAIRMAN STRAIN: The 18th you sent us a packet. Is that the one you want to start working on? MS. F ABACHER: Yes, please. CHAIRMAN STRAIN: The first one in the packet is section 1.04.0 and that's in the beginning of the summary packet that we got today; is that right? MS. F ABACHER: Exactly correct. CHAIRMAN STRAIN: Good, then we'll start there. that would be very organized. MS. F ABACHER: All right. And I am, for purposes of this discussion, going to turn this over to assistant county attorney White and to Nick, because they have fashioned this for our consideration. MR. WHITE: To give some background to it as it comes from the podium, I'm going to simply try to walk you through what the problem is as it was presented to my over the past two to three years. From time to time one of our eminent domain lawyers would call and say, we're really having a problem here trying to come to some reasonable understanding of what the code covers and doesn't cover in terms of curing nonconformities that arise when land is acquired for public purpose, typically a right of way. Sometimes a corner clip around an intersection, whatever the case may be. And so, one of the last things that got added on to my task list before leaving was to work on this set of provisions. It is one of the hardest things I've ever worked on because it requires you to try to envision an almost infinite number of fact possibilities pertaining to two categories of regulation. The first of them have to do with what I call the land or the dirt. They're regulations that pertain to lot size, area, and those type of dimensional requirements. And the second class are the structural types of regulations we have, those that pertain to building setbacks and things along -- well, more the structural things. And as you look through the regulation in subsections A, Band C it's designed to operate so that the cures are provided for under A for the land. Something that's made nonconforming under A is considered cure. Under B those structural things that arise and are made nonconforming are likewise cure; parking, things along that line. C -- let me go back half a step. A says that they're cured unless or until you come back and recreate Page 116 1611 . December 1, 2005 the lot. That is a circumstance where the property owner at some point in time, for whatever their reasons may have been, would have previously chosen to go ahead and replat or recreate a lot. They would then have to come in and comply with whatever the LDC then said. We're not changing that. Same thing under B, you come in and recreate the lot of parcel or you want to redevelop your parcel on your own, absent and independent of this acquisition of the land for public use, you've got to follow the rules that then exist. Nothing is deemed cured. Subsection C looks at the point in time as part of the taking process. If the property owner would otherwise have to come in and ask the county for some type of a development approval in order to effect the taking, in order to comply with the order oftaking. In other words, a building permit, site development plan, something along those lines. Then the only new restriction is that you can't make something that other than for the purposes of the taking, that was previously nonconforming. You cannot make that more nonconforming. Okay? So, A operates independent with respect to the land; B operates with respect to the other regulations that are not pertaining to the actual dirt; C operates in a circumstances where in order to effect the order of taking, you need a development order development permit, you have to come to county, you can't make anything under be more nonconforming. Okay? And other than that, everything else is considered cure by these rules. We've had discussions in front ofthe DESAC subcommittee and had discussions with staff more recently and agreed -- and I'm certain that Nick agrees that the balance of the text that follows in subsection C, that last phrase is pertaining to except and all the words thereafter. We've agreed to withdraw those. It was intended to create a circumstance where the staff would have authority to, if it was agreed by the experts for the property owner and the experts for the county as part of the taking, that some additional degree of compliance with the LDC could be obtained without additional cost. In other words, you're going to relocate a building that previously was not the correct architectural, let's say, color, and there was no additional cost to make it the right color, or, quote, compliant color. Staff was authorized to impose that as a condition of the development approval. We've agreed that that is something we ought to take some time to investigate further. See how these rules apply over the intervening, you know, six, eight, whatever months with the now pending taking cases and see how things turn out. Ifwe need to come back and, you know, add this degree of flexibility, its something that can be done in the future. With that said, I'm just going to ask Nick to talk a little bit about what the fiscal operationals are so we can get that out ofthe way in case there might be some questions on it. MR. COSTELLO: For the record, Nick Costello, transportation, once again. Thank you. I have been here a little over a year. I come from the private side. I have been in several development review applications where this has come to affect. And I've got to give Patrick a lot of credit because nobody wanted to touch this puppy. It was very difficult for him to write. It was very difficult for me to understand and work with him on. And speaking to the people that work in the right of way department and transportation division, terrible waste of our impact fees, our time and our money. And the last pre-application meeting I was at, there was a gentleman there from the private side whose only function was to see how much money he could get for his client in the settlement charges for the impact fees. And that was his only job there. And to me, the first thing I did was walk back and talk to staff and said what are we doing? It's a terrible waste of our funds, our time and our effort. To Pat's credit to help me put this together and bring it to you. And I'll answer any questions that you may have. CHAIRMAN STRAIN: Brad? MR. WHITE: I'd just ask Nick what estimates. I know he's got it written there. What the financial impact on the county would be? MR. COSTELLO: Sure. Talking to Kevin Hendricks, we estimated approximately almost $1,750,000 this year alone on fiscal '06 that just went by. Approximately three to five percent of right of Page 11 7 ., { ~, 0 December 1, 2005 way acquisition cost in future years. And that would be dependant on where the right of way was taken. For instance, ifit was Vanderbilt Beach road extension, which is probably only our rural area, or a roadway taken that was in an urban area where there's a lot of commercial involved, that would carry those costs between three and five percent range. CHAIRMAN STRAIN: So we can look for a reduction in our tax bill next year. MR. COSTELLO: I hope so. CHAIRMAN STRAIN: Brad, you had a question. COMMISSIONER SCHIFFER: First question, Nick. What are the kinds of things you pay for? I mean -- MR. COSTELLO: I can give you an example. At the last one I was at, there was a pole barn that was abutting the new road that was going to be constructed, and it was going to be required to meet architectural standards, which meant the pole barn that was there, because it was being reviewed as a site development plan, abutting a future collective road, would have to become architecturally standards. The existing use in that area was agricultural. It was usng it to grow plant materials for nursery and shrubbery. It was a very large parcel, maybe 20 to 30 acres, and it abutted a residential area. They could have imposed upon us -- and may well, depending on how this goes -- the requirement to put a privacy wall between the planting area and the residential area. When I say privacy wall, I mean an eight-foot concrete wall around the whole property. And that committment, or that requirement would then not have to be done by the owner. He could take the check from the right of way department and walk away. Those are the kind of things that I saw that shocked me. And I said this is crazy. COMMISSIONER SCHIFFER: But, Nick, I mean, the architectural standards don't apply to agricultural buildings. I know that's not the issue here. Anyway, there's one thing in B it says, unless or until the remaining lot or yard. What is really a yard? I mean, I think of a side yard setback. Is that what that's referring to? MR. WHITE: Yes. Any of the defined yards for front, side, rear. COMMISSIONER SCHIFFER: How would that be recreated? What's happening there? MR. WHITE: Recreated goes back to what I was talking about as far as a lot line adjustment, a lot split and recombination, or the most typical case would be a red plat. COMMISSIONER SCHIFFER: Okay. So, essentially what you're saying is that if we create a nonconformity, it would be conforming use unless you touch it, then you're going to -- it's going to have to be brought under compliance. MR. WHITE: And that's the same circumstance as I mentioned before. Nick, any time a property owner with nonconformities comes forward to redevelop or recreate their property, they have to then comply with whatever the code says. COMMISSIONER SCHIFFER: Let me give you an example. Let's say a guy had -- somehow the road right of way caused the side setback to be reduced and he wanted to put an addition on the side ofthe house, it would have been allowed had this not have happened. Would he still be allowed to do that, or would this be the -- MR. WHITE: Part of the thing that's happened in those type oftakes, those potential developments have been the subject of discussion. And what I believe we're saying at this point is to the degree that the setback would be reduced for the yard, that you could build up to the edge of it. Obviously you can't build beyond it. Now, there's an economic impact there. Arguably as to what the lost buildable space or area would be. That is supposed to be accommodated as part of the damages that are provided in the take. So we cure as much as we can under it and make it lawfully conforming, and as to the balance of some other potential loss, that is something that we may have to address. As I said, you can think up almost an infinite number of fact patterns, and I think you have to talk Page 118 l ..{c I '1" t n " . December 1, 2005 about how to apply that ABC logic. Arguably here, you don't need to apply C in order to effect the order of taking. That means unless there were present plans for that property to bring forward an addition, they're talking about some future right. That future right has some value, but it is supposed to be accounted for as part of what the damages are that are paid for. COMMISSIONER SCHIFFER: So let's just give an example. Let's say he was 30 feet from the property line, 24 was the setback. MR. WHITE: Uh-uh. COMMISSIONER SCHIFFER: And you took ten, or you took 15 feet, so therefore he's nonconforming. He's 15 feet from the property line. He would have been able to build an addition 15 feet offhis existing cage, but at the time of taking, you would calculate his loss to be able to build that addition? MR. WHITE: I don't know that they will or won't. But I'm saying that under this rule, it will be deemed as to the diminutin as conforming. COMMISSIONER SCHIFFER: If it exists? MR. WHITE: Yup. And it's more intended to address existing circumstances than future contemplated development, because someone, I think, can equally argue from our experts side and take a situation like that you hadn't sought to do so. And whatever it is that you're going to be compensated for the loss of the value of your land, is more than adequate to compensate for the loss of the use of that land under it's highest and best use. Weare looking to try to draw the lines a little brighter and tighter so in that give and take of discussion and negotiation, assuming we don't have to go to litigation, there's more clarity for both the staff and the property owner -- for the county and the property owner. I'd be happy to talk about any number of examples. COMMISSIONER MURRAY: Can I? MR. WHITE: Yes, sir. CHAIRMAN STRAIN: Go ahead, Bob. MR. MURRAY: Just for my clarification, in the taking, the damages to the loss of the space that is necessary to be taken is considered. If there were a structure of some sort, like the pole house that had to be moved in order to initiate the setbacks again, that would be an additional charge that you're referring to; is that right? They would seek compensation for the removal and replacement on site or what? MR. COSTELLO: The county would pay for that. That's existing, that wouldn't change. MR. MURRAY: That would not change? MR. COSTELLO: We would still do that. In other words, if the roadway widening required us to relocate a building to a different part of the property, it's part ofthe judgment and the settlement or the negotiation. We'd say, the gentleman might say mI want to remove the building to this area, and they would talk about that with the right of way division and it could be relocated. that's not the part that we're -- MR. MURRAY: Okay. Well, then help me a little bit more. Because I know you said further, you mentioned something about a call or somebody, or someone did. MR. COSTELLO: If further -- in that relocation they move the building to the side of the road, let's say it meets the setback at 30 feet, now that requires an SDP, site development plan, to initiate that move because you may be relocating some parking, doing stuff like. At that point in time, here's where the trigger comes in. Once you go to that site development plan, you are to do all these other things to comply with the site development plan requirements. Now it will say, well now that pole barn has to meet the architectural standards. It's facing a collector so it has to meet those requirements. Now we'll look at the rear of the lot and therefore, you'll have to put up a privacy wall. You may be subject to a 25 year stone berm. You may be subject to all these other requirements. In doing so, the owner of the property does not have to do these things. He can just take the check and walk away. MR. MURRAY: That's I guess where I'm a little bit -- he does not have to do these things. You're Page 119 lu~eLlr 1,'1005 going to pay him, but he doesn't have to do it. MR. COSTELLO: That's part of the settlement. COMMISSIONER SCHIFFER: But he doesn't have a pole barn and the fence. I mean, he doesn't have the use of the land that you're describing then. MR. COSTELLO: Well, in that case, he's entitled to the money from any damages from the taking. And I would never want to take that away from anybody being a property rights, you wouldn't want to do that. But what I'm saying is, we're pulling that string and kicking ourselves in the rear with that boot by making us do all these other things. In that, you know, he may just -- in the end it's a settlement and he gets a check. Now, does he intend to have to do that? Well, ifhe applies for site development plan, he would. Ifhe decides to sell his property and say, and close my business and walk away, he does it. COMMISSIONER SCHIFFER: Okay. COMMISSIONER MURRAY: So that would be the C characteristic here when you can't make it worse than it would have been? MR. WHITE: Right. But remember, the things you can't make more nonconforming are just the type B. MR. MURRAY: Right, because those are the improvements. MR. WHITE: Correct, structural points. As to the type A, those involving the land and its dimensional standards, those you can effect regardless. You can make prior existing nonconformity, more nonconforming. COMMISSIONER MURRAY: Because wouldn't that be considered in the settlement in the first instance? MR. WHITE: Right, you're paying for the -- MR. MURRAY: That's the volume? MR. WHITE: Right. MR. MURRAY: I think I understand it better now. I'm sure there are many-- MR. WHITE: I'm hoping that we've written it in such a way that it's general enough so it can be applied and still give us some factual examples over the intervening months and perhaps years that we may be able to refine it more. CHAIRMAN STRAIN: Any other questions? COMMISSIONER SCHIFFER: Just a quick one. Nick, it sounds like the thing that we're overcoming is our own regulations. MR. COSTELLO: Not necessarily overcoming. I think we're applying in a more common sense type of way. I won't use the word overcoming. COMMISSIONER SCHIFFER: I mean, when you list the problems you're having, all the problems you're having are with their own regulations. MR. COSTELLO: Correct. And three times I've seen it since I have been here, Commissoner, and three times I've looked around the room and said why aren't we taking care of this and everyone said this is a tough one to do. It took a lot of work to put forward and get this thing done. MS. MURRAY: Susan Murray, for the record. In a sense it's a relaxation of the standards. And, for the record, I'm not big on the phrase common sense, because common sense means different things to different people. I think it's probably just a use of good judgment in a case like this. You get a better use of the taxpayers' money. Our standards are pretty restrictive when it comes to even moving or relocating or expanding buildings. And in this case, it's just simply a relaxation of sorts, which is the intent. And we had had a conversation with the attorney's office and the transportation department over a year ago on looking at even ways to relax specific standards in the landscape and architectural provisions under situations like this And I think, you know, Patrick stated it was a really difficult thing to write. It will be Page 120 1611 . December 1, 2005 interesting to apply it. I think you'll look to see some changes to it after we apply it for a time, but I think overall this probably addresses all the concerns that they were looking to in cases like this, for what that's worth. MR. MURRAY: Under the example that was given though, the one about the person walking away with all those dollars, he flips the property, sells the property, essentially the person that has now acquired the property new to them, they're looking at a new configuration of property. MR. COSTELLO: Sure. MR. MURRAY: They now have to apply if they're going to go for site development plan. They have to pay all those fees and do all those things anyway. So, it seems a gift to give somebody something that they mayor may never be subject to, especially ifthey can walk away. So I certainly understand it I think now. I appreciate it. CHAIRMAN STRAIN: Any other comments from the commission? How about all the public speakers? MS. F ABACHER: None. Thank you. CHAIRMAN STRAIN: Is there a motion for approval, for recommendation of approval of section 1.04.04? Would the striking of the word after the -- in item C -- I think is the words except, past the word except, and finding it consistent with the growth management plan. COMMISSIONER CARON: So moved. CHAIRMAN STRAIN: Motion by Ms. Caron. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Second by Commissioner Murray. All those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Motion carries. Thank you, Nick. I have, Catherine, two other -- three sections actually left, but I notice there's only one gray area left in our summary sheet. MS. F ABACHER: That's correct. Well, can we go in order still? CHAIRMAN STRAIN: Oh, yeah. Ijust want to make sure-- MS. FABACHER: That's correct, we're almost done. If you go to page two of the sUITUllary sheet then, we're looking at page four of your new packet now. We're working on the new packet. We finished the old. So following the transportation amendment now we have this -- you asked us to bring back the definition oflot width. Now we have really worked on this one. And what we're going to say to you is we want to defer it until the next meeting because we have been working with Patrick and Susan and I, and we're thinking about instead of having the measurements -- remember we talked about -- CHAIRMAN STRAIN: Let's just defer it to the next-- MS. FABACHER: Okay. We're deferring it. COMMISSIONER CARON: Let's be clear about-- CHAIRMAN STRAIN: The one for lot and width depth. The first one on page 2 of the summary sheet. It's the one for lot and width. MS. MURRAY: Definition for lot and width. MS. F ABACHER: Okay. Page 121 16' ' null '" December 1, 2005 COMMISSIONER SCHIFFER: Let me just say something because I did read the thing. And I'm glad you're deferring it, but couldn't that definition solely be the measurement of the width ofthe lot at the setback line that would cover your curbside, your straight side, everything? MR. WHITE: I think you hit upon in a nutshell type fashion what has probably otherwise probably taken us hours, if not days, to try to reason through any number of geometric shapes, different equations for measuring, and come to the conclusion that doing it from the inside out, i.e. from the setback lines and yards outward, makes much more sense and is a consistent approach regardless oflot shapes, size, dimension. So that is what we're evolving towards in terms of how to. And where it will be located is going to be in the new subsection that is in your title block and it's 4.01.03. And ifit doesn't combine some of the aspects of measurement that we talked about earlier with the seawalls and some of the other things that have arguably existed more in the form of staff clarifications than is actual land development code regulations. So, its again, been kind of a clean up challenge and task and I'm kind of going out the door. And there's just more of those than there is days. We'll get them done though. COMMISSIONER SCHIFFER: Let me just throw this in. And this would be created on a computer by some designers. So there's a command called offset, so no matter what the shape of the front property line is, we can offset the setback of the property line. And if that's the line we measure, could be the width of the lot. MS. FABACHER: Are you volunteering to help, Mr. Schiffer? COMMISSIONER SCHIFFER: I always volunteer. You have to call me up though. You're waiting for me to call you and I'm waiting for you to call me. MS. F ABACHER: Okay. Thank you. COMMISSIONER SCHIFFER: But I'll gladly help with this. MR. WHITE: Thank you. MS. F ABACHER: And the last thing that we have in definitions, you asked us to bring back the waterfront yard, and that is on page nine. Actually, I'm sorry, it's not page nine. You're in the new packet. It's the next one. CHAIRMAN STRAIN: Page three of the summary sheets, the second item. It's the next one in the definition packet. It's the one for yard waterfront. MS. F ABACHER: Waterfront property. We're not totally happy with it at this point. However, since we need it, we want to put it in and then look at it in the same fashion that Patrick talked about looking at how we're going to measure lots and putting it in section. In the beginning section of the design standards and development standards 4.01.03, was where we were going to put the lot widths. And we want to do that with -- you see we still have a measurement here but for now -- COMMISSIONER SCHIFFER: Catherine, can I ask you some questions? MS. FABACHER: Sure. COMMISSIONER SCHIFFER: On the first one for the waterfront property, is the intent that the streams and the artificial canals are navigable? Or are there just navigable streams? MS. F ABACHER: That is just the old language that was there. COMMISSIONER SCHIFFER: Cross out-- MS. F ABACHER: I crossed out on man-created and made it artificial, because a woman could have dug it. CHAIRMAN STRAIN: Probably difficult too. COMMISSIONER MURRAY: Can you dig it? COMMISSIONER SCHIFFER: And the other thing on yard waterfront, and this is just to make Patrick mad, is that a seawall is an object, it isn't really a line. And if you look at the illustrations that go with our seawall ordinance, you'll see that the base of the seawall should be -- I would like to see instead of Page 122 1 ;' ~ '" blJ. · December 1, 2005 just the word seawall, we say the water side face of the seawall. MR. WHITE: And that is not consistent with the way that the staff has applied those provisions. And I think what it's going to require is looking back at the provisions we talked about earlier in 22-301. That's ordinance 85-2 as amended, and see if there's any further direction there. But in order to be consistent with what the staff has done, and how they have essentially as I've said in working on these things, where do you put the, you know, the beginning end of that measuring tape. COMMISSIONER SCHIFFER: Where do you put it on a seawall? MR. WHITE: If the seawall has no cap or the cap is the same face as the seawall itself, then I believe that it is the water word edge. What I think has been done when there is a cap that extends is they take an average -- kind of the mid point of it. COMMISSIONER SCHIFFER: The problem I'm having, and again, I argue the ordinance. MR. WHITE: Which, obviously is inconsistent with your suggestion about the face. COMMISSIONER SCHIFFER: That's like measuring from a car, where do you measure from a car? And the other question is bulkhead. What exactly do you mean by that? What is -- MR. WHITE: I was going to mention earlier when we talked about this that a lot of times in days of old Dallas County I think is a good example of this, people platted lots right out into the water, knowing it was the water, and they went out and they bulkheaded them, which is the equivalent of a seawall. And statutorily they came back and fixed it and said that is the land. They did that by state statutes. So bulkheading is a term that I think derives more from the Florida statutes than local usage, but I think it's synonomous with, and would be measured in the same manner as the face, or of a seawall, the bulkhead lot. There are some statutes that talk about where you own from relative to where you bulkheaded to in combination with where those platted lot lines were. And it goes back in a county like Pinellas where there was so much of that that was done and kind of resolves a lot of what became title issues. Title issues. COMMISSIONER SCHIFFER: But you're going to come back -- MS. F ABACHER: Does that answer your question about the bulkhead? Does that clear it up? COMMISSIONER SCHIFFER: Yeah. MS. F ABACHER: You drive pilings, you put in a dead man, you anchor the pilings to the dead man, you put some boards on the back ofthe pilings and that's the bulkhead. COMMISSIONER SCHIFFER: Okay. COMMISSIONER CARON: But we determined that you're going to go look at this? MS. F ABACHER: Right. So we'll be bringing this one back anyway. COMMISSIONER CARON: So we'll do this on the 15th? CHAIRMAN STRAIN: Yes, ma'am. I have a question. The last sentence under yard waterfront, however DC yards shall never be less than 10 feet for any structure, unless specifically provided for in section 4.02.03A three table four dimensional standards for accessory buildings and structures on waterfront lots and golf course lots. I think you need another table in there and it would be under section 4.02.0l table 2.1 and it would be for marinas because marinas have zero setback. MS. FABACHER: Marinas,oh. CHAIRMAN STRAIN: Right. So a marina can be right on top of a seawall of the property line, so with that your ten feet would be a conflict. So if you look at that when you come back so that the exception is in there as well. MR. WHITE: Low and behold when you look at the table, none of them are less than ten. So -- we know we got some fixing to do. MS. F ABACHER: We were going to look at it some more, but when we looked at it the last time we said, well, I think it's all covered in that table but we weren't sure. All right. Last item for today would be, I believe in your packet, it would be the next -- no, where it Page 123 lArl . December 1, 2005 is? CHAIRMAN STRAIN: Page 21 of our summary sheet it would be the last two pages of our February 18th packet. MS. F ABACHER: Thank you. Okay. And basically in the last cycle, if you recall, it's been so long, we amended this section. It used to be a 15 day letter and a 30 day letter that staff had to send out. Then they wanted to kind of ease the burden on staff, so they said, well, let's just make it one letter, which is what we did, and we made it a 21 day letter. Well the problem is is that the 21 day letter goes out before the deadline for staff to change anything. The deadline for staff to change anything is more like 15 or 16 days, because the deadline is the publishing deadline. So what I'm saying now is people are receiving letters 21 days after they submitted their application, but then three or four days later, the whole thing changes and it gets, you know, moved to another or continued to another meeting so the letters are wrong. So what staffis asking is to be able to send the letter no less than 15 days after the receipt of the application, and it will actually work out to be more like 18 days. So it will match -- so they won't send out incorrect information. CHAIRMAN STRAIN: Are there any comments from the planning commission? I have one, Catherine. At one point we had asked that notices be provided for GMP amendments, rezones in particular to adjoining areas around. And the language in the second page under B, it doesn't seem to indicate this was providing GMP amendments. MS. F ABACHER: Okay. CHAIRMAN STRAIN: Could someone look into that? MS. FABACHER: We will. CHAIRMAN STRAIN: If you don't mind. Other than that, I don't have a problem with it. Commissioners have any questions? Public certainly doesn't have any. With that we will entertain a motion to recommend approval of section 10.03.05 and find it consistent with the growth management plan, subject to staff's research on the issue of the growth management plan amendments being possibly added to it. MS. F ABACHER: Um. CHAIRMAN STRAIN: Is that -- who's saying um? MS. FABACHER: No, I'm just wondering if that's a significant-- CHAIRMAN STRAIN: Should we just wait and bring it back on the 15th, Patrick? MR. WHITE: I'll defer to the staff's suggestion, but we can. MS. MURRAY: I don't think so. [think if it's not addressed, we're just going to add it in. MS. F ABACHER: All right. CHAIRMAN STRAIN: That's all I'm saying. Just like we have other times, just research it-- MS. F ABACHER: I was concerned because I wanted to know what they thought, so -- CHAIRMAN STRAIN: So there's -- do we have a motion consistent with that? COMMISSIONER CARON: I'll make a motion. CHAIRMAN STRAIN: Motion by Commissioner Caron. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Seconded by Commissioner Murray. Any discussion? All in favor? COMMISSIONER STRAIN: Aye. COMMISSONER MURRAY: Aye. COMMISSONER ADELSTEIN: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER SCHIFFER: Aye. Page 124 D~c~Ll200~ COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Catherine, I think that takes care of it. MS. F ABACHER: I believe it does, Mr. Chair. CHAIRMAN STRAIN: Now, what I'd like to ask on the 15th, we've deferred a series of things. We're going to be changing the Gateway Triangle Bayshore again, from what I heard. You're going to amend some language in the Golden Gate one. You've got about five or six small ones as a result of today. Could you give us a new booklet numerically for the new summary, so that when we all come to the next meeting, we have one new booklet, everybody consistent on the same page and that might help us move through it quicker. MS. F ABACHER: Not a problem, but I won't be able to get it to you two weeks before. CHAIRMAN STRAIN: No, a week before. Thursday or Friday -- it's to be a smaller booklet. We're not going to have much on the 10th so we should be able to dive into that. And we've already got drafts on the Bayshore and Gateway one we can start reviewing. MS. F ABACHER: Well, I'm afraid they're going to change again. CHAIRMAN STRAIN: Well-- MS. F ABACHER: I'll try -- I will put that in your new packet, Mr. Chairman. CHAIRMAN STRAIN: It will be a lot less than what we've got this time and hopefully we'll get through it. MS. F ABACHER: No problem. CHAIRMAN STRAIN: I don't think there's anything else on the agenda. COMMISSIONER SCHIFFER: Just one quick question, Mr. Chair. Is there a way we could get a group together off cycle to try to figure out how to do less paper than we're doing? I mean, I'm politically incorrect probably, but also there's a lot of redundant Xeroxing going on. MS. F ABACHER: Actually, this time I think I cut that out. COMMISSIONER SCHIFFER: We're getting better. And here's the problem -- again is what you do is, if you do mark up a set, and pitty the poor guy that marks up the first set, if you mark up the set, you're constantly transferring -- MS. F ABACHER: Well, I have a couple of ideas for that. I don't think we ever told you, but we just started a new committee, an LDCA kind of writing and vetting committee. You might want to describe it differently. So we will be vetting internally, hopefully, so there won't be so many last minute revisions and we won't be working on this stuff during the cycle, which I think is wrong. We also decided not to take -- which Joe directed us to put a drop dead date for staff submittals this time. There's a first date, but then drop there's a drop dead, and after that, that's before you even get a packet. There aren't going to be any changes or new additions. So, we're hoping that will help. And the third thing is, everything is kept revised on the zoning and land development review page of the county internet under LDR. The summary sheet, I keep it on there revised. I keep all the latest revisions of the amendment, so for those who can at any time want to access those things, they can. I will still send out the hard copies to you. CHAIRMAN STRAIN: Unfortunately, I have to request that, unless the county will provide me with a laptop that's functionable, a wireless internet access and a printer, I'll need the hardcopy. MS. F ABACHER: Well, you'll still get them. I just mean for your convenience it's there. CHAIRMAN STRAIN: I know. I understand where Brad is trying to go, but every time we try to do that we miss paperwork and you guys try to email it and then we've got 5to have printers working. MS. F ABACHER: I understand. I was directed not to email you anymore, and I'm not going to. Page 125 1611 December 1, 2005 . CHAIRMAN STRAIN: Okay. With that, this meeting is adjourned. Congratulations. ***** There being no further business for the good ofthe County, the meeting was adjourned by order of the Chair. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, Chairman Page 126 AGENDA J ~~k.k&:'VED JAN 0 3 2006 Board of County Commissioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 5,2006, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 T AMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED ]0 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENT A TIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS ]F APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE Fiala Halas Henning Coyle Coletta j t/ ./ ~ ./ 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - NOVEMBER 17,2005, REGULAR MEETING fach camm. Rec'd Copv 6. BCC REPORT- RECAPS - DECEMBER 13,2005, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Cycle 2- 2005 LDC: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR THE UN-INCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER] - GENERAL PROVISIONS, INCLUDING: SEC. 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS, SEC. 1.08.01 ABBREVIATIONS, SEe. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SEe. 2.01.00 GENERALLY, SEC. 2.01.03 ESSENTIAL SERr;h~Blllrm&C. 2.03.01, RESIDENTIAL ZONING DISTRICTS, SEe. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.04.03, Date: 1 Item#: Copies to: 1611 . TABLE OF LAND USES IN EACH ZONING DISTRICT, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES, SECTION 2.06.03 AHDB RATING SYSTEM; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING: SEC. 4.01.03 LOT DIMENSION MEASUREMENT STANDARDS, SEC. 4.02.03 SPECIFIC STANDARDS FOR THE LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SEC. 4.02.14 DESIGN STANDARDS FOR DEVELOPMENT IN THE ACSC-ST DlSTRlCT, SEC. 4.02.16 DES1GN STANDARDS FOR DEVELOPMENT IN THE BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRlCT (Ne), SEe. 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT (W), SEC. 4.02.]8 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDlSTRlCT (R1), SEe. 4.02.]9 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRlCT (R2), SEC. 4.02.20 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRlCT (R3), SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD - RESIDENTIAL NEIGHBORHOOD COMMERCIAL SUBDISTRICT (RNe), SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD - MIXED USE SUBDISTRlCT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD - RESIDENTIAL SUBDISTRICT (R), SECTION 4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY DISTRlCT (GGDCCOD), SECTION 4.03.02 APPLICABILITY, SEC. 4.03.03, EXEMPTIONS, SEC. 4.05.03 SPECIFIC PARKING REQUIREMENTS FOR RESIDENTIAL USES IN MIXED USE URBAN RESIDENTIAL LAND USE, SEe. 4.06.02 BUFFER REQUIREMENTS, 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.07.02 DESIGN REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SEC. 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SEC. 5.06.06 PROHIBITED SIGNS, SEC. 5.06.07 ENFORCEMENT AND PENALTIES; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEe. 6.06.03 STREETLIGHTS: CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SEC. 9.04.02 TYPES OF VARlANCES AUTHORlZED; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING: SEC. 10.02.01 PRE-APPLICATION CONFERENCE REQUIREMENTS, SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICAT10NS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. ]0.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, ] 0.02.06 SUBMITTAL . 9. OLD BUSINESS 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DlSCUSS10N OF ADDENDA 13. ADJOURN SPECIAL MEETING OF THE ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES I. CCPC AUlR "SPECIAL MEETING" FOR REVIEW OF THE ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES, CATEGORY A AND CATEGORY B. 2. ADJOURN OI-05.06/CCPC Agenda/SM/sp/mk 2 1611 · RECEIVED JAN 0 3 2006 Board of County Commissioners MEMORANDUM DATE: December 28, 2005 Fiala Halas Henning Coyle Coletta / ~ I~ TO: Board of County Commissioners FROM: Barbetta Hutchinson, Executive Secretary, OMB SUBJECT: Request for Advisory Committee Meeting Minutes As per your request, I am attaching a copy of the minutes from the Productivity Committee Meeting from October 19, 2005 that are missing and agendas from all meetings. The meeting of July 20, 2005 was cancelled. Please do not hesitate to contact me at 774-8973, or Mike Sheffield at 774-8569, should you have any questions. CC: Michael Sheffield Winona Stone Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 Misc. CJres: Date_elll Lj JDb Iteml! Ih:J .J C (,};) ') COp:'s to: 1 . 611 . COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - October 19, 2005; 2 p.m. Members Present: John Barlow, Larry Baytos, Syd Blum, Dex Groose, Matt Hudson, Helen Philbin, Joe Swaja, JimVanFleet and Janet Vasey. Members Absent: Steve Harrison Liaison: Commissioner Halas was in attendance. County Manal!er's Staff Present: Amy Patterson, Impact Fee Manager, Community Development; Winona Stone, Assistant to the County Manager; and Barbetta Hutchinson, Office of Management and Budget. Guests Present: Carol Golightly, Finance Director of the Sheriffs Office; Crystal Kinzel, Clerk's Finance Director; Damian DeAndres, Sheriffs Office IT Assistant Director; Jean Merritt, Human Resources Director; Scott Teach, Employee/Labor Relations Manager. 1. INTRODUCTION Approval of Minutes from the meeting on September 21. Crystal Kinzel stated that she was not in attendance at that meeting so her name should be removed from the list of attendees, Matt Hudson asked that the word "affordable" be changed to "attainable" in the sentence citing his statements of the housing issue and Dex Groose wanted to add the word "corridor" in the paragraph discussing road development. Matt motioned to accept, Larry Baytos seconded and the group approved the minutes with the stated corrections in place. Acceptance of Minutes from the Operational Efficiency and Effectiveness Subcommittee meetings of September 14 and October 13. Jim VanFleet motioned to accept, Dex seconded and the group unanimously approved. Crystal had an objection to the minutes of October 13 and the group voted to bring those minutes back to the next meeting when Steve Harrison is present. Matt motioned to rescind acceptance of the minutes of October 13. The motion was seconded by Helen Philbin and unanimously approved by the group. Acceptance ofEmplovee Benefits Subcommittee minutes from September 27. Larry made the motion to accept, Jim seconded and the group accepted unanimously. Page 1 of3 ~~ , ~1 Q II. OLD BUSINESS Impact Fees Expenditures and Collections - Amy Patterson passed out information regarding impact fee forecast collections out to 2025 that Steve had asked for. Joe said they will save that discussion until next meeting. ~Barbetta will e-mail these pages to Steve prior to the next meeting. Amy also passed out and discussed a revised milestone update. She reminded the group that the school impact fee, if it had been collected as projected, would have amounted to approximately $39M. The chart also showed how much an individual homeowner would have paid in impact fees if they had been in place. This also showed that the taxpayers of Collier County absorb every dollar of impact fees that are not collected from new development. The School Board has been very cooperative in the compiling of the information needed to implement impact fees. Amy said the report is due back the last week of November. There was discussion regarding getting this information out to the public. Update on Emplovee Benefits Studv - Helen said a draft presentation has been prepared and is being reviewed by the subcommittee. A full report will be made at the next regular Productivity Committee meeting in November. The project was originally just reviewing health benefits, but it has been expanded to include pension and fringe benefits as well. Operational Efficiency and Effectiveness Studv - In Steve's absence, John and Syd reviewed the presentation for November 9. John said the report is not as complete as they had hoped. Commissioner Halas said that he thought Steve said he might postpone it to a later date, but they were making substantial progress. Janet moved to postpone the presentation. Matt seconded. The group unanimously agreed. This issue will be further discussed at the next meeting when Steve is present to answer questions. Larry suggested that the housing issue be removed in order to make it a smaller package. Matt added he feels it should still be mentioned because it is an element ofrecruiting, but it should not be dealt with in great detail. There was discussion on the cost ofland, affordable housing, public land trust and equity sharing. Jim said that there was going to be a presentation about affordable housing on November 2 at the Hilton. Winona Stone encouraged the group to attend. Discussion was made regarding combining the hiring practices of all constitutionals. A suggestion was made that one of the constitutionals potentially could screen all of the applicants and match qualifications against open positions. Charter government was discussed. In order for proper implementation, the public must be educated and the BCC must be given the power to make it work. John also reviewed the revised IT presentation and talked about updating technology to include automatic transfer of funds for tax payments. He thinks that the County cannot get the most updated, most efficient technology when the responsibility is divided between several entities. He recommends an independent countywide IT strategy that is standardized between all constitutionals. He also recommends the development of a Page 2 of3 16 , 1 . transactional recovery program specific to individual programs such as the dispatch system and the financial systems. The County cannot rely on individual vendors to bring servers in and get us up and running. A central repository data system needs to implemented. He also recommends consolidation of core functions such as hiring, billing and purchasing. SAP was discussed. Crystal said SAP will be sending a team of 7 people to thoroughly review our system over the next 6 months and one of the following scenarios will be found: the configuration is incorrect and our business processes need to be changed; SAP is not capable of doing what we need to get done in government; finally, if there are some things SAP won't be able to do ~ can we live with it? John suggested that it be reviewed by an independent consultant. John will ask someone from Starbucks who has fully integrated SAP to come to a meeting to listen to the presentation and give his thoughts. Discussion regarding the review conducted by Deputv County Manager Leo Ochs ~ Joe said he felt the review was fair. Joe, Jim and Syd volunteered to participate in an ad hoc subcommittee that was suggested by Leo in his letter to Chairman Swaja dated October 14. This subcommittee will develop an action plan for implementation of committee rules and procedures. Commissioner Halas said that the study was very thorough and he feels the storm has subsided. Joe thanked the Commissioner for his support. Winona said she brought the video of the discussion at the BCC meeting because the BCC was very supportive of the Productivity Committee. The group said because of the hour they would view it at the beginning of the next meeting. The Commissioner said the majority of the Commissioners voted so that the hands of the committee were not tied. In the future, the committee will make multiple suggestions for the open positions and the BCC will make the final selection. III. NEW BUSINESS Fire Services Impact Fee Study- Due to shortage of time, the Chairman asked Larry Baytos to move his presentation of the Fire Services Impact Fee Study to next month. Next Meetinl!: The next meeting of the Productivity Committee is scheduled for Wednesday, November 16, at 2:00 p.m. This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Page 3 of3 Collier County Government Productivity Committee Agenda January 19,2005 2 P.M. 16 , 1 . 1. Introduction A. Opening Remarks B. Approval of December 15, 2004 Productivity Committee Meeting Minutes II. Old Business A. North Naples Regional Park Progress Report - Murdo Smith, Interim Director, and Mary Ellen Donner, Recreation Supervisor, Parks and Recreation Department B. Discussion about Collier County Sheriffs Office Response Letter C. Discussion about Collier County Public Schools Staff Presentation on Impact Fees at Dec. l5 Meeting D. Impact Fee Discussion - Janet Vasey E. Update from Benefits Subcommittee - Helen Philbin F. Update from Budget Subcommittee - Steve Harrison (segue into next item) III. New Business A. Status Report on Operational Efficiency and Effectiveness Study - Steve Harrison/Budget Subcommittee B. Discussion about Productivity Committee Applicants for Membership to Result in Recommendation to the Board of County Commissioners C. Election of Productivity Committee Chair and Vice Chair for 2005 IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, February l6, 2005, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). 1611 . Collier County Government Productivity Committee Agenda February 16, 2005 2 P.M. I. Introduction A. Opening Remarks B. Introduction of Commissioner Halas C. Introduce Kimberley (Kim) Grant, Senior Management and Operations Consultant D. Approval of January 19, 2005 Productivity Committee Meeting Minutes II. Old Business A. Impact Fee Consultant Status - Denny Baker, Financial Administration and Housing Director; and Amy Patterson, Impact Fee Manager B. Update from Benefits Subcommittee - Dex Groose, Benefits Subcommittee Member C. Update from Budget Subcommittee and Status Report on Operational Efficiency and Effectiveness Study - Steve Harrison, Budget Subcommittee Chair D. Report on Board of County Commissioners actions on the Productivity Committee's Recommendation for Membership - Winona Stone, Assistant to County Manager E. FY05 Work Plan Discussion and Update III. New Business A. FY06 Budget Policy - Jim Mudd, County Manager, and Mike Smykowski, Budget Director (3:30 p.m. time certain) B. Outstanding Advisory Committee Member Nominations IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, March 16,2005, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Collier County Government Productivity Committee Agenda March 16, 2005 2 P.M. 16/1 . I. Introduction A. Opening Remarks B. Approval of February 16, 2005 Productivity Committee Meeting Minutes II. Old Business A. Correctional Facilities Impact Fee Study Subcommittee Report - Janet Vasey B. Update on Overall Impact Fees Schedule - Amy Patterson, Impact Fee Manager, and Denny Baker, Financial Administration and Housing Director C. Discussion and Determinations regarding Jim Mudd's Proposed Topics for the Work Plan of the Productivity Committee D. Discussion about Chairman Joe Swaja's Proposed Letter in Response to County Manager Jim Mudd's Budget Policy for Fiscal Year 2006 Presented at the February 16 Meeting E. Report on Progress of the Operational Efficiency and Effectiveness Study- Steve Harrison F. Benefits Subcommittee Report - Helen Philbin III. New Business A. Consideration of 10 Applications for Membership on the Productivity Committee and Decision Regarding Recommendation to the Board of County Commissioners B. Outstanding Advisory Committee Member Nominations IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, April 20, 2005, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). 1/f H "., (F Collier County Government Productivity Committee Agenda April 20, 2005 2 P.M. I. Introduction A. Opening Remarks B. Introduction of John F. Barlow, Jr., and James A. Vanfleet as Approved for Membership on the Productivity Committee by the Board of County Commissioners at the April 12,2005 Meeting C. Approval of March 16, 2005 Productivity Committee Meeting Minutes D. Approval of April 7, 2005 Sheriffs FY06 Budget Review Subcommittee/Productivity Committee Meeting Minutes II. Old Business A. Presentation on Planning and Construction Costs of County Parking Garages - Skip Camp, Facilities Department Director B. Overview of the County's New Planned Owner-Occupied Affordable Housing Impact Fee Deferral Program - Cormac Giblin, Housing and Grants Manager, and Denny Baker, Financial Administration and Housing Director C. Update on Overall Impact Fees Schedule - Amy Patterson, Impact Fee Manager, and Denny Baker, Financial Administralion and Housing Director D. Benefits Subcommittee Report - Helen Philbin E. Discussion on Sheriff's FY 06 Budget Review - Chairman Joe Swaja F. Report on the Operational Efficiency and Effectiveness Study - Steve Harrison Ill. New Business A. Reassignment of Responsibilities of Member Janet Vasey Who is Excused for Medical Reasons B. Reassignment of Responsibilities of Member Al Kozel Who is Expected to Resign from the Productivity Committee C. Outstanding Advisory Committee Member Nominations IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, May 18,2005, at 2 p.m. in the County Manager's Front Conference Room on the 2"d floor of the W. Harmon Turner Building (Administration Building F). Collier County Government Productivity Committee Agenda May 18, 2005 2 P.M. 1 h , 1 . I. Introduction A. Opening Remarks B. Approval of April 20, 2005 Productivity Committee Meeting Minutes C. Approval of Benefits Subcommittee Meeting Minutes II. Old Business A. Benefits Subcommittee Report - Helen Philbin B. Operational Efficiency and Effectiveness Study Report - Steve Harrison C. Discussion on Sheriff's FY 06 Budget Review and Final Report(s) to be Provided to the County Manager by June I, 2005 - Chairman Joe Swaja D. Impact Fee Studies Update - Collier County Impact Fee Manager Amy Patterson III. New Business A. Outstanding Advisory Committee Member Nominations IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, June 15,2005, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). 1 h '1 . Collier County Government Productivity Committee Agenda May 24, 2005 9 A.M. 1. Introduction II. Old Business A. Discussion on Sheriffs FY 06 Budget Review and Final Report(s) to be Provided to the County Manager by June 1,2005 - Chairman Joe Swaja IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Frida;, May 27,2005, at 9 a.m. in the Legislative Conference Room on the 2" floor of the W. Harmon Turner Building (Administration Building F). Collier County Government Productivity Committee Agenda May 27, 2005 9 A.M. 16 , 1 . I. Introduction II. Old Business A. Impact Fee Studies Update - Amy Patterson, Impact Fee Manager B. Discussion on Sheriffs FY 06 Budget Review and Final Report(s) to be Provided to the County Manager by June 1,2005 - Chairman Joe Swaja IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, June 15,2005, at 2 p.m. in the County Manager's Office conference room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). 16 '1 .,.., j . Collier County Government Productivity Committee Agenda June 15,2005 2 P.M. I. Introduction A. Opening Remarks B. Approval of May 18, May 24 and May 27 Productivity Committee Meeting Minutes II. Old Business A. Impact Fee Studies Update - Collier County Impact Fee Manager Amy Patterson B. Benefits Subcommittee Report - Helen Philbin C. Operational Efficiency and Effectiveness Study Report - Steve Harrison III. New Business A. Consideration of 10 Applications for Membership on the Productivity Committee and Decision Regarding Recommendation to the Board of County Commissioners B. Outstanding Advisory Committee Member Nominations IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, July 20,2005, at 2 p.rn. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Collier County Government Productivity Committee Agenda August 17,2005 2 P.M. 1611 . I. Introduction A. Opening Remarks B. Approval of June 15 Productivity Committee Meeting Minutes C. Acceptance of Benefits Subcommittee Minutes of May 3 D. Acceptance ofIT Team Subcommittee Minutes of July 15 and July 20 II. Old Business A. School Impact Fee Update-Amy Patterson (10 minutes) B. Operational Efficiency and Effectiveness Study ~ Steve Harrison I. IT Team Recommendations-John Barlow (30 minutes) 2. Discussion regarding the Operational Efficiency and Effectiveness Study Workshop, scheduled for November 9,2005 C. Identify replacement for Fire Impact Fee Study Subcommittee Chair III. New Business A. Presentation of the roles/responsibilities and current projects of the Senior Management and Operations Consultant- Leo Ochs and Kim Grant B. Presentation on New Human Resource Initiatives and Employee Relations Plan- Len Price, Jean Merritt and Jeff Walker IV. Comments/Suggestions v. Adjourn The next meeting is scheduled for Wednesday, September 21, 2005, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Collier County Government Productivity Committee Agenda September 21, 2005 2 P.M. 1 A , 1 . I. Introduction A. Opening Remarks B. Approval of August 17 Productivity Committee Meeting Minutes C. Acceptance ofIT Team Subcommittee Minutes of July 15 and July 20 D. Acceptance of Benefits Subcommittee Minutes of June 2 II. Old Business A. Impact Fee Expenditures and Collections-Amy Patterson B. Update on the Operational Efficiency and Effectiveness Study and discussion regarding the Workshop, scheduled for November 9, 2005-Steve Harrison III. New Business A. Discussion regarding position paper from Greater Naples Chamber of Commerce. (Time certain 3:30 p.m.) B. Discussion on Affordable Housing-Syd Blum IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, October 19, 2005, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). , .<. ,_w,'_'_~'_,",,_~,',__'"___'."_~__""" ....__ _ ~ _ _~,..__~~__~.,~ _, .._,,_,_,._.._',_ _.__w..w_. "' Collier County Government Productivity Committee Agenda October 19, 2005 2 P.M. '1 b~ . I. Introduction A. Opening Remarks B. Approval of September 21, 2005 Productivity Committee Meeting Minutes C. Acceptance of the Operational Efficiency and Effectiveness Subcommittee meeting minutes from Sept 14,2005 and Oct 13,2005 D. Acceptance of the Employee Benefits Subcommittee meeting minutes from Sept 27,2005 II. Old Business A. Forecasted Impact Fee revenue through 2020 and retrospective discussion related to school impact fees/loss of revenue-Amy Patterson B. Update on Employee Benefits Study-Helen Philbin C. Update on the Operational Efficiency and Effectiveness Study (BCC Workshop scheduled for November 9, 2005)-John Barlow and Syd Blum D. Discussion regarding the review conducted by Deputy County Manager Leo Ochs (concerning nominating practices and meeting procedures of the PC) and subsequent BCC action-Joe Swaja III. New Business A. Fire Services Impact Fee Study -Larry Baytos B. Resignation of Stanley Farnham-Joe Swaja IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, November 16, 2005, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). 1.b\\ "jo' \ .. F<F I', ,,,"::r") ~ \; jJ_~ :,:'.)i;f:fS . Radio Road Beautification M.S.T.U. Advisory Committee 2]05 Horseshoe Drive South Naples FL 34'04 ")0;":': V Fiala / Halas . v// HennIn9-~ ~-<. Goyle ._~- Coletta ;/ SUMMARY OF MINUTES & MOTIONS November 15, 2005 III. & IV. Approval of Agenda and Minutes of October 18, 2005 were moved, seconded and approved unanimously. VI. Landscape Maintenance Report: A. Monthly Report . Stump removal for Devonshire is $890 with repairs for Devonshire amounting to $4,440 for work completed on an emergency basis. Gloria Patterson moved to approve the expenditure of $890 for stump removal. Second by Betty Schudel. Carried unanimously 4-0. Misc. Corres: Date c;2. / N / O~ Item# 1/o:L ~ c (d.3) Copies to: n 6 r ~f ~ '.- r. ' "'''' Ii' "- . " Radio Road Beautification M.S.T.U. Advisory Committee 288'S Horseshoe Drive South Naples FL 34104 January 17. 2006 AGENDA L CALL MEETING TO ORDER n. ATTENDANCE ill. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: November 15,2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie SilIery VL LANDSCAPE MAINTENANCE REPORT: A. Monthly Report - Advanced Lawn/Steve Fabiano VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report VII. OLD BUSINESS: VIII. NEW BUSINESS: IX. COMMITTEE MEMBER COMMENTS: X. PUBLIC COMMENTS: XL ADJOURNMENT: The next meeting wiU be held at 4:30 PM, February 21, 2005 Collier County Dept. of Transportation Road Maintenance ^;:'L~;: ihlr'-,t'~h(H ihi\~' ~OH1:h Naples, FL 34104 1611 . Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34'04 November '5. 2005 Minutes I. The meeting was called to order by Chairman Dale Lewis at 4:30 PM. II. ATTENDANCE: Members: Dale Lewis, Helen Carella, Bill Jaeger (Excused), Gloria Patterson, Betty Schudel County: Darryl Richard-Project Manager, Tessie Sillery-MSTU Coordinator Others: Steve Fabiano-Advanced Lawn, Mike McGee-McGee & Assoc. Roy Anderson-Countryside, Sue Chapin-Manpower Services III. APPROVAL OF AGENDA Betty Schudel moved to approve the Agenda. Second by Gloria Patterson. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: October 18, 2005 Add: the variety of the Tabebuia trees is IPE. Gloria Patterson moved to approve the Minutes of October 18, 2005 as amended. Second by Dale Lewis. Carried unanimously 4-0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie SilIery (Attached) The various budgeted items and revenues were covered and explained. . General Insurance - is taken out of the account at any time during the year at the discretion of the Finance Dept. VI. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report - Advanced Lawn/Steve Fabiano The new owner of Advanced Lawn, Frank Kip, was introduced. He made a few comments and stated they will be making some changes and concentrate on service. . Discussed trees that were cut, pruned, staked and trimmed due to Hurricane Wilma . Road was opened up for emergency vehicles after storm . Damaged sod will be addressed . Hibiscus have been staked and will be fertilized for recovery . Will be more weeds as seeds have been blown allover from storm . Irrigation on Devonshire has been repaired . Variable Speed Pump has been installed to regulate & relieve pressure problems - discussed various workings of the pump Committee asked Steve to check the Magnolias in front of the tank. They are leaning and need to be staked. . Sprayed for insecticides, fungicides and herbicides . Drip line on Devonshire has been repaired . Stump removal for Devonshire is $890.00 with repairs for Devonshire amounting to $4,440 for work completed on an emergency basis. I 1 h 11 , Gloria Patterson moved to approve the expenditure of $890 for stump removal. Second by Betty SchudeI. Carried unanimously 4-0. Hurricane debris work will be kept separate. Advanced Lawn was thanked for their speedy response after Hurricane Wilma. The hedge from Applebee to Radio Road is private property and not an MSTU maintenance issue. VII. LANDSCAPE ARCHITECH REPORT: Mike McGee A. Monthly Report . Ribbon Palms need to be treated with insecticide and fungicide. Proper pruning procedures will be done to insure new fronds come out in the center. . The Mahoganies on the west of Devonshire need to have a "Hazard Tree Assessment" by a Certified Arborist. Many broken branches need to be addressed as soon as possible. They did not do well in the Hurricane. (This will be addressed with Berkshire Lakes) . Notice to Proceed was received on November 4th and moving forward - curbing plans will be ready for the next meeting . Difficult to give exact timeframes at this time VII. OLD BUSINESS: . Junk yard has been sold and no further information provided . Bus shelters - 90% plans have been submitted and under staff review . The Conunittee asked about the weathered benches on Radio Road by the bus shelter sign - Darryl will confirm who put them there. . The areas for the shelters will be: I-West ofCircle-K, I-across the street from Circle-K, I-East of Saxon Manor and they will be similar to the one on Santa Barbara and Radio Road. VIII. NEW BUSINESS: None IX. COMMITTEE MEMBER COMMENTS: None X. PUBLIC COMMENTS: Roy Anderson - Countryside - asked questions about the curbing project and landscape renovations. He was told the entire project will be roughly $IM. All work and projects are kept within the MSTU boundaries. There being no further business to come before the Committee, the meeting was moved and seconded to adjourn. The meeting was adjourned at 5:30 PM. The next meetinll will be held at 4:30 PM. Januarv 17. 2()()6 Collier County Dept. of Transportation Road Maintenance .!SS~: lijif~t.'\hlH' Dri'.t" ';,Hl\1 Naples, FL 34104 2 m.:.. 'Z: ~~z(j)o~ c-2~nli 3~n-<.. g-t~nO~ [m m m ze o~uq:!:(~. 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LO~~~OO~O~~O~~O~~01"'m ~ooo'-"ooo"'o"'oo"'oo"'oo 0010000NO....000100O'>00 _..'"___'_.',_'_,___'____.,'_.~_~<_,"'"_~"_,~...._~,,_,,_~,__,"__~.., __"__'_.'M_"'_~_~ __. 1 , . '?l o . ""' ~~, ~ ~ . -'C .. ~Q gu. ~~ ~ . .. o '" o :'. :5.:0 ~ ~ N l:i' 8:0 ~ c 8" R ~:o . . ~:: ..,., ~~~ ~,.,' tj .... ~ .... ~ l:i' ~ :;; , . ~ ~~ ~:o S~ ;'S~ Q Q ~ Radio Road Beautification MSTU Monthly Activity - November - Meeting Report Title Electricity Other Misc. Other Contractuals Sub-Title Amount FP&L $8.46 Total $8.46 Manpower $43.95 Total $43.95 Advance $845.00 $845.00 !--rC;tili-iii-\i~-iilliCi-----------------------S:ll!i]r~-<i1-1 , ' : : !--------------------------------------------------------.!. 16/1 . Other Contractuals Other Contractuals Electricity Sprinkler Main!. Other Misc. - Secretary Fertlherb/chem Improvements General PO History opened and closed Advance Lawns - General Main!. Advance Lawns - Incidentals FP&L John Deere Mancan, Inc. - Sue S. Pro-source McGee & Assoc. 17,210.00 10,000.00 120.00 2,500.00 2,000.00 2,000.00 64,300.00 opened opened opened opened opened opened opened en C ",C E~ ~S ~,.... ::::l 'C't Eo-< '" c <J) ~ e- ::;;<,c~ ::: g I><l Cc<'l::: Lt') :.::: t :t ,.... ~ ..c '" ].~ ::: ~ ;:::~~ "" ..... ..... ... ;:: l:>... '" ~ '" ..c ~ Cf) E: CI:i c '" ~ ..... ;:. ~ en c ccZ ~C C <'l .~ ... ~ '" ~..c ~.3 '" o c'" uo WO It:~ II) >0 WO It:N >'" WO It:~ , 1-11) CJ)O WO N W ...J I- i= W ;:) z W > W It: I- UW we -'0 lllU o It: I-W CJ)I- OZ UW U co N o o co r--CO L!)~ -.ioo '<tOO N<'l N 0000 ~o~ 060 o C! o o N r-- r-- N o C! o o o o ~ 00 00 00 00 <'l'<t ~"'" oo~ co' W :J Z a:: W o (/) > I- W W rn Ua::~...Ja:: ~wl-a::<(O ~ ...J(/)::'!:2ffi~ ~ 1-8~~uz~ W (/)Xll.q~~1- a:: w<(Il.~...J (/) o a::1-<(:;Oow <i! ~::'!:::'!:OUa::LL >~ZOO<(~<(O O(/)f-a::a::f-f-S~ .... LLLL a::~ ..... , z a:: a:: Z , f-f-WWWWf-OW Z(/)::'!:LLLL;:)(/)LL> WWf-(/)(/)ow>-i= a::a::(/)zzza::a::<( a::ww<(<(:Jwa::t9 :Jf->a::a::wf-<(w UZ;Sf-f-O;SUZ 000000000 Ot-COOOONOD ~~~(oCON(",)NO') 't"'""~'!""""tO(O'r""r'""Q)O> ~COCDCOc.oT"""<OC:OCO <'l<'l<'l'<t'<t<'l<'l'<t'<t LOOOOOLOLOOO ..::tcocooooq-oq-T""""l"""" L!)OO<OIDLOLODO NCJ)Q)OONNQ)Q) c.croCO("')(",)<OID'I"""""r"" ,...-0> (J)mO)'I""""'l""""cncn 16 \ 1 . to-- ... M M N M o q o o ... o '" en ~ <C ::!E ::!E ;:) CJ) W ;:) Z W > W It: 16 , 1 '. 4 . MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEIVED JAN 2 0 2006 FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department i30artl of CQunty Commissioners DATE: RE: January 19, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier Countv Housina Authoritv 1. Pursuant to Florida Statute 189, Collier County Housing Authority has submitted the following items: a. Annual Financial Report of FYE 9/30/05. b. Approved Budget for FY 2005-2006. c. Registered Office and Agent. d. Schedule of Regular Meetings for 2005-2006. e. Description of Outstanding Bonds for FYE 9/30/05. f. Public Facilities Report. g. Audit FYE 9/30/05. Thank you :\special\special Misc. Com!s: Date .). J J 4 /0/,0 ( , Item # / In I d. D (I) Copies to: l~. '1 ' January 6, 2006 Dwight W. Brock Clerk of the Circuit Court Finance Department 3301 E. Tamiami Trail Naples, FI. 34112 Dear Mr. Brock: Attached please find all the reports with the exception of a district map. As discussed previously with staff, our district is in the boundaries of Collier County. SpecificaJlyenclosed: I. Annual Financial Report ofFYE 9/30/05 2. Approved Budget for FY 201,)4 2nn~...? 00 S- -.:? OOc. 3. Registered Office and Agent. 4. Schedule of Regular Meetings for 20(01 20e5. .;?OO5-:-,;)O()~ 5. Description of Outstanding Bonds for FYE 9/30/05. 6. Public Facilities Report. 7. Audit FYE 9/30/05. I hope this brings totaJ satisfaction to our reporting requirements. If you have any questions, please contact me directly. ;c.~? \...i U\N ! ,', Esmeralda Serrata, PHM Executive Director ES/er Enclosure Collier County Housing Authority . 18Dn Fam1 Worker Way . Immokalee. Florida 34142 . (239) 657-3649 . FAX (239) 657-7232 ARTMENT OF COMMUNITY AFFAIRS ,6 SPECIAL DISTRICT FEE INVOICE AND UPDATE FORM Invoice No.: 14139 I 01 d: 10/0912005 DCA use only: Post to: 528040,2-510080-0010000 ,Ions: In accordance with Sections 189.412 and 189.427, F.S., and Chapter 9B-50, FAC., please remit the fee due payable to the ..1ment of Community Affairs OR complete the Zero Annual Fee Certification Section, as appropriate. In addition, review the ,rmation below about the district and update as necessary. Provide backup documentation if the districfs name or stalus has changed. ,j the poslmarked due dale, mail the payment and this signed form to the Department of Community Affairs, Finance and Accounting Office. 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Direct questions to (850) 922-5431 or SUNCOM 292-5431. ANNUAL FEE: $175.00 LATE FEE: $0.00 RECEIVED: $0.00 FEE DUE, POSTMARKED BY 12/08/2005: $175.00 District's Name, Registered Agent & OffIce': Collier County Housing Authority Ms. Esmeralda Serrata 1800 Farm Worker Way Immokalee, FI 34142 Telephone: (239) 657-3649 Fax: (239) 657-7232 E-mail: cchafi@aol.com Website: Status': Independent County(ies): Collier Local Governing Authority': Collier County Function(s)': Housing Authority Date Established: 07/12/1966 Creation Documents': Co. Res. 7/12/66 Statutory Authority': Chapter 421, F .S. Board Selection': Governor Appoints Authority to Issue Bonds': Yes Revenue Source*; Federal Funds/Fees Authority to Issue Bonds: Revenue Source: 'Explanations The person designated by the special district to accept due process on behalf of the special district Independent or Dependent- see Section 189.403, F .S. The governing body of a unit of locai general-purpose government The function/purpose of the special district Ordinance, Resolution, Statute, Special Act, Court Decree, Interlocal Agreement, etc. The Florida Statute governing the function of the special district Appointed, Appointed/Elected, Elected, Governor Appoints, Local Governing Autho~ty Appoints, Same as Locai Governing Authority, Similar to Local Governing Authority, Other '" \._. Yes or No '\ ,,\',' Ad Va m, Assessments, Assessmen F es, Fees, Non Ad-Valorem, State Fund~,TiP;Toll4, None, Other rmation above is accurate and complete as of Registered Agent: Status: Local Governing Authority: Functions: Creation Documents: Statutory Authority: Board Selection: CER-TIFlCA TION: I, the undersi this date. It does _ or does Registered Agent's Si9nature: Date: ZERO ANNUAL FEE CERTIFICATION SECTION- if eligible, the special district may request a zero annual fee instead of making a payment by havingthe registered agent certify to the following: 1. This special dislrict is not a component unit of a generai purpose local government as defined in the Governmental Accounting Standards Board's Statement No. 14, issued in June 1991 effective after December 15,1992, as amended. 2. This special district is in compliance with the reporting requirements of the Department of Financial Services. 3. This special district reported $3,000.00 or iess in annual revenues to the Department of Financial Services on its Annual Financial Report for Fiscal Year 2003/2004 (special districts created after that fiscal year must attach a current income statement verifying $3,000.00 or iess in revenues for the current fiscal year). 4. This certification will be returned to the Department at the address above postmarked by 12/08/2005 and, 5. This special district understands that if the Department detennines any of these items to be inaccurate, this special district must pay the appropriate fee when invoiced. The Department wiil verify these statements within 30 days of receiving this fonn. I, the undersigned registered agent, do hereby certify that to the best of my knowledge and belief, ALL of the above statements contained herein and on any attachments herelo are true, correct, complete, and made in good faith as of this date. I understand that any infonnalion I give may be investigated and verified with the Department of Financial Services and the Audilor General. SIGN ONLY IF ELIGIBLE FOR AND REQUESTING A ZERO ANNUAL FEE: Registered Agent's Signature: Date: Department Use Only: _Verified and Approved _Denied - Reason(s): DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT. DETACH AND KEEP THIS PORTiON FOR YOUR RECORDS. DCA-SDIP.001 Effective 03/01/2003 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Invoice No.: 14139 Dale Invoiced: 10/01/2005 FY 2005/2006 SPECIAL DISTRICT FEEINVOlCE AND_U~PA,.E FORM RECEIPT Postmarked Due Date: 12/08/2005 Collier County Housing Authority ANNUAL FEE LATE FEE RECEIVED FEE DUE $175.00 $0.00 $0.00 $175.00 ." o " " ,-.., " '" < .... N "- o '" "- N o o ~ ~ 'Tl 5' 0> ::J o ~ z e 3 t'l rl I > ("l ~ n -< in' o' " z ~ e- o ., ~ l \ 1__ L_ ~ ~ C1> .0 C =;. C1> a. ~ ::;: ~ ~ .., " n " I " " ::to o ~ z ~ ~ trl m g tr ::I c o S' ~ S'. .., !t- " - ~ ~. if; c: c. :=5:: =:;: c: '< 2. III g. __ CD ~ ~. 2! n '" CD '" lil' 0 >< ~ ~ III 0' ~ - ::I" CD g: 0' ::E S' ~ 1 6 i Ii ]1. 'Tl () () () -c -c m N en () ;: 'Tl "Tl C $( 0 0 0 ~ ~ 3 -6' or ~ ~ 5' S' ~ ::J ::J ::J 0 0 ~ ~ 0> 0> OJ or or ::J ::J () ~ S' ::J ::J is z g. ~ n CD CD ~ 0 co n n c: - m z a. a. ~ 9I eI 0> 3 ",- III ~ ~ ~ x c: a. .. ::J r:r m -C li 3 ~ III a. 0 0 a. 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'" " "' .. o o 3 " ~ o " 9 i " tr "" .. ~.. ~ 0.0- '" -l", [0 USDA .~ -,~ -~ Rural ~ .: ~ . Development 1611 . Florlda/VIrgin Islands 750 S, Military Trail SulteJ West Palm Beach, FL 33415 West Palm Beach Area Office Telephone: (561) 683-2285 x5 FAX: (561) 683-6249 TOO: (352) 338-3499 www.rurdev.usda.govl' September 1, 2005 Collier County Housing Authority ATTN: Esmeralda Serrata, Executive Director 1800 Farmworker Way Immokalee, FL 34142 Re: Farm Worker Village 2005 - 2006 Budget Dear Ms, Serrata: Weare returning one approved copy of the budget for the referenced property's rent increase, You will need to supply information to support the utility allowance. The borrower must review the utility allowance annually. Current rate schedules from suppliers, such as electric, natural gas, water and sewer, trash collection, etc, need to collected and analyzed each year to support the allowance, Also the utility allowance should be reflected on Page 4, Part IV ofthe budget, The 1944-E Exhibit A-6 is no longer used, The 7 CFR Part 3560.250 (e) states, "If the Agency approves a rent or utility allowance increase request on which the comments were solicited, the borrower will deliver a notice announcing the rent or utility allowance change to the tenants to be effective 30 calendar days from the date of the notification," If you have any questions, please contact this office. Sincerely, // ( I / ' (rl/>!L /~{'~ (Fj / GREGORY L. CARUTHERS 1/: Area Director Attachment Committed to the future of rural communities Rural Development is an Equal OPPorlunity Lender, Provider and Employer. Complaints of discrimination should be sent to: Secretary of Agriculture, Washington, D.C. 20250-0700 16' 1 ""'if . August 5, 2005 Gregory L, Caruthers Rural Development Manager USDA, Rural Development . 750 South Military Trail, Suite J West Palm Beach, FI. 33415 Dear Mr. Caruthers: Attached please find all of the necessary documents, which will allow you to approve our budget for fiscal year 2005-2006. These items include: 1. Resolution from our Board for the attached budget. 2. A copy of the "Notice to Tenants of the Proposed Rent Change" you approved to be mailed and posted to all residents and Florida Rural Legal Services on 7/6/05. 3. A properly executed'Form RD 1930-7. 4. A copy of the budget narrative showing 2004-200~ and 2005-2006. 5. A proration schedule on how salaries are spread over our non-Rural Development Programs. 6. An updated copy of our approved utility allowance. We are asking for a $15.00 monthly rent increase. You will find that we are still competitive and with in the local rental market, Our fiscal year begins October 1, therefore, we need to have our budget approved by August 30, so that we can properly notil}' our residents about the approved rent change, We have not received any comments as a result of the posting and mailing of the "Notice to Tenants of Proposed Rent Change". rhank you very much for your continued support. ~rely, ~~ Esmeralda "Essie" Serrata, PHM . Executive Director ESler (, )\licc (,0] Jllr. Illii 1',111\' \lllhmdv . I il,!) f:\:'j II ":r ;i~\'I. '-CT. . 11\11111 lk:i!i't' Fll1l'id~I',.~ 1 ,j) . {')\{j) (\'i; - ~~.fC) . ::,\X (~;l)) ~':;7 _/'."','1'2 1611 . 05-5-6 Approval of the Operating Budget for Fiscal Year 2005-2006 Wbereas. the Collier County Housing Authority's (The Authority) fiscal year begins October 1 of each year; and Whereas, the Authority is required to submit to Rural Development an annual operating budget for their approval; and Whereas, the staff of the Authority has prepared projections of income and expenditures for fiscal year 2005-2006 that are designed to meet the mininmm requirements of the Authority, Now Therefore Be It Resolved, that the Collier County Housing Authority adopts the attached budget, which by way of reference is incorporated into this resolution. Be It Further Resolved, that the executive Dira;tor is authorized and instructed to submit this budget to Rural Development for their approval. Resolved this 31" day of May 2005. ''eT C j/ (l!i::ti4:I~ijl'lg;!j-~ I Executive DirectorISl'Crctary-Trca,;urer ;\'fCl\iLIOl'\ 1611 ~ ~ . :'1 lJ,"; No c.,.;~ 0 u.: UlileU.~ N\IolJliUOI> 10"'9......"'" La1iDo ~ I..:a Y F"PIi.-..r La NOOcio. Y~G,.. AT....cNClvi'-i Si uu I'" ~p""':' -n ~ OIl by"" OIl pa ka Ii, empiDye IIOU YOIllci p..Il: Kreyol ka Ii e .:xpllk.: ou \W1 ~y .... k.''';YOI. NOTiCf, TO TENANTS OF PROPOSED RENT CHANGE Dow: PO:i&.:d July 6, 2005 Yo... a:; a ~ are ballOy JlIO{in.", iba1, suIljo:ct w Rural De\'eiOP""'.nt's ll9PlOY..l. IWIS will be Ch'~l>'....:I ..;n;;;';uw I 0.;woa 2005. Tu.: Coili.;f Co....uy j-l<>o'.;~g AwIlUri1y bas fiIl:d wil:h Rural De\'~"" (:aD). UJIiIild Sww ~ oi Aj,;r'CWLW";, a request for approval of a cbauge in tbe JDODdIly ranal raIA:S of1be 1 beciroom. 2 bedIoom. 3 OOUOO1l1, ...... 4 \x:Qroool uDiIs for tbe fuIIowiDg reasoos: 1. ili""~ in all Hau~ih.;.AuIIlOriry iJIsuraDl:eS, i.e. <:aB"""'Y. ho:iaim, aDd ~ \Y""'jl'"''''riuJ l\'l..in[p..n~nr.e materials aod supplies. C0LA. ; 3. l'~ r-.ill~.:s are a::; fullow,: -I l'reseD1 Proposal A~pt ~ Re1I!; Ch"-u...,..".li 290,00 305,00 15.00 316.00 331.00 15,00 342,00 357,00 15.00 364.00 379.00 15,00 1" iVJv.;L h~...u,.~ uuit i';.Ulll W o..~"" illoog" iiI; 1 Cow..;c ViU<.,;" 2 3 Ii } 0u . w.:__..; rew. subsidy, yOw [;:01 will IloOl be ..iu~ liO lou6 lIS yOlll' ~ ....a bou,;..""".1 COilifJOs1UvU i~ Hnt""~~. full'''"'''....... )..:;tiiyillg tbe pr~ [QIt ~ have been reviewed by lID lIIld will be ~ avo.i.lal>li: T.O you ..00 um.;.. I.elialllS to iDspea with copiIJs at me Co\Iier County Houlii11g Au1OOriJ:y 0lIrin6 tbe bolilS oi h:iJv a.'''. - ):uO p,m. Yo.. n.o.y ...omil: ,""'........,s or olljeaioos in ~ to tbe lU)'s l\<'''''''",lSf'' QUriog tbe 20.-0..y p.:nW i.....,,-,jj',h'ly ioilowillg me po6'i.,g of tlIis~. C?""""",'s or oojecV<>nK sbOWd i""'llu" n:a:;owi oc iuri:..~ }0Il iecl sbouId be cO"cido.<ed by me lU)'s approwl (l'""""i. Y Olll' oom,",,,\r.~ or oojllClitY.... lU",,( be iih:u pr;ior w July 31, 2005 to me lU)'s }I.o"'n~8"", Gregory CaruIili:rS, at1bC Disaict ()ific.; ~r...l ;u. 750 Suuw Miliwy Trail, SuiI.l J, West Palm &aclI, Florida 33415, Tt..:>.: Cilil.lh,.,= will be reviev..:l1 by Ulri: lU)'s l\o<"~IS"'.r lIIld forwll1Qild to 1IIe &D's approval oW,.".1 woo will (1.:<:;l...: 11' Ulr,; rau cbauge sbooId be approved. ~ ~ will be oo"n..! in writing of Rl)'s oeci..inn to approve, r~ 0[ fJl:>>.y 1IIe~' n:..- approvQJ r""'-S will tbeo be ef'ful:tive upClIl tbe eifcaive date given above. If 1IIe approved n:&lL ~ ~ w =ue ~ve by sw:b. date. all..Mi.........11IOIia: will be pos1ell aDl1 tbe ~ will be JlIO{in.'1i in wri~ ....... u.:w [elWI will be ef'ful:tive at tbe nr:xt reot dul; datc folIowillg ~ aoditinnal notice aIlIi lU)'s ENTERED Aut; 1 9 2005 MULTIPLE FAMILY HOUSING PROJECT BUDGET liSDA FormRD 1930-7 (Rev. 7-03) 1611 . Position 3 FORM APPROVED OMB NO. 0575-0033 PROJECT NAME BORROWER NAME HOUSING AUTH BORROWERIDAND PROJECT NO. FARM WORKER VILLAGE COLLIER COUNTY 09-011-05911490555 Loan/Transfer Amount S Note Rate Payment $ IC Payment $ Reporting Period Budget Type Project Rental Typ Profit Type The following utilities are master o I ht:reby request III Annual o Initial !Xl Family o Full Profit metered: - units of RA. Current number o QUJrtt:rly Kl Regular Report o Elderly o Limited Profit o Electricity o Gas of RA units o Monthly o Rent Change o Congregate III Non.Prollt OW_ o Sewer Borrower Accounting Method OSMR o Group Home DTl"asb o Other Servicing o Mixed OLH OOtber OC",h Il Ac~ruul PART I-CASH FLOW STATEMENT CURRENT PROJECTED PROPOSED COMMENTS BUOOET ACTUAL BUOOET or (YTD) BEGINNING DATES> (10 01 Oft (10- 01. 04 \0 -01-05) ( - - ) ENDING DATES> (09 36 <J5 V9- 30 01 89 -30 -06) ( - - ) 15, TOTALCASHSOURCES(10+14) ............................. OPERATIONAL CASH USES 16. TOTAL O&M EXPENSES (/'rom Purt II) ............,............ 17. RHS DEBT PAYMENT ....................................... 18. RHS PAYMENT (Overage) ..........................,................... 19. RHS PAYMENT (Late Fee) .............................................. 20. REDUCTION IN PRlORYEARPAYABLES ..................... 2 I. TENANT UTILITY PAYMENTS ...................................... 22. I'RANSFER TO RESERVE ............................................. 292 475 23. RETURN TOOWNER .... ................................................ 24. SU B- TOTAL (/6thrIl23) .............................................. 2 :'I;ON-OPERATIONALCASH USES 25. AUTHORIZED DEBT PAYMENT(Non-RHS) ......... 26. l.ONG-TERM IMPROVEMENTS .................................... 27. MISCELLANEOUS ......................................................... 28. SUB-TOTAL (25 Ihm 27) .............................................. OPERATIONAL CASH SOURCES I. RENTAL INCOME .................. ...........,....................,........ 2, RHS RENTAL ASSISTANCE RECEIVED ....................,.. 3. APPLICATION FEES RECEIVED ...........,....,.......,..,......, 4. LAUNDRYANDVENDING ..,............,................,............ 5, INTEREST INCOME ......,.................,................,............. 6. TENANT CHARGES ........................................................ 7. OTHER- PROJECT SOURCES .......,................................ 8. LESS (Yacancy and Contingency Allowance) ..,........,.... 9. LESS (Agency A.pproved Incenli'l,,'e Allowance) .....,......... 10. SUB-TOTAL [(Jthru 7) - (8 & 9)] ................................. :-;ON-OPERATIONAL CASH SOURCES II. CASH - NON PROJECT ..... ................. ............ 12. AUTHORIZED LOAN (Non-RHS) .................................... 13. TRANSFER FROM RESERVE....................................... 14. SUB-WTAL (Il thru 13) ...,.......................................... 29. TOTALCASH USES (24+28). .111. :-'ET CASH (UEFICIT) (/5 -lY) .............. ............. CASH BALA.'1CE ] I. BEGINNING CASH BALANCE .... 32. ACCRUAL TOCASHADJUS1MENT ....,........................ 33. ENDING CASH BALANCE (30+31+ 32) ....................... 2 547 660 2 47 2 50,120 50,698 58 500 30 600 29 093 26 200 146 100 122 1 58;854 ( ) 2 715 626 2 6 ":~~ 212:273 0 35 00 212 273 0 12.750.626 12.890.340 2,837.440 310,552 292.475 1 2 802 440 -- -.--. 35,000 207,265 35,000 I 35,000 207 265 35 000 2.750.626 I 2.714.63~ o 1-.!75..z9-L1 2.8J7.440 I 01- :::::::~- luurclm...: IfI fli... P'lp.~rllVrt RC.luL.'m/'l _h'/ o{I'J9J UII Llgt'lJ<-:l ru.", "',/ (.."111//1," 01' ,'p.N1,\"r, oJmJ Q p,'nV/1 i_~ 11<111t"tUi",'J ,,, n:.IJJOIlJ /0 tJ colh',.(I(in oj"m/i,rmul;,m Iml",s II disllI"I,I'" ~'"I"i OMS control number TM \'alid OMS conl/n/ n1lmber for {his informalion Lvl/ecfton is (jj 75.UOJ). Th. ti"". required w compfelll this in/ormallon ,'oll<<IiQn i.r e.<;l!mall'd 10 tNerage 4 huUN p"" ......'-1''''''.' 1/1, /;hhng IIw /"",. ,;". r'-""."'IIII.' ''''/0'', /1'"'' ,...,U', ho":~ ,I'I''''',\! .I.H.' . ",,,., ., ;:.J/h, ...,,~, '''HI ,,,,,...1,,,,,,,,:,, Ih,- ,/"/,, .!., .1.-,/ ".."I, ""'1'/"','''1.' ".HI ,,,,, ''''.>': /d. " I...' 1"f,".II!<I(,"," 16 ~ 1 ~ PART Il-OPERATING AND MAINTENANCE EXPENSE SCHEDULE CURRENT PROJECTED PROPOSED BUDGET ACIUAL BUDGET I. MAlNTENANCEAND REPAIRS PAYROLL ................... 2. MAINTENANCE AND REPAIRS SUPPLY ....,................. 3. MAINTENANCE AND REPAIRS CONTRACT ............... 4. PAINTING AND DECORATING ...................................... 5. SNOW REMOVAL .......................................................... 6. ELEVATOR MAINTENANCE/CONTRACT ................... 7. GROUNDS ........................................................................ 8. SERVICES .............,..................................,.........,..........,.. 9. FURNITURE & FURNISHING REPLACEMENT ............ 10, OTHER OPERATING EXPENSES (Itemize) ..................... II. SlIB.TOTAL MAINT. & OPERATING (/ th/7/lO) .......... 12. ELECTRICITY] If......' m...... ................................... 13. WATI:R ct.ct I.x .~........................................... 14, SEWER p.m.....,.........................,.........,..,........... 15. FUEL (Oil/Coal/Ga..) ....................................................... 16. GARBAGE & TRASH REMOV..\l................................., 17. OTHER UTILITIES .................,........................................ 18. SUB-TOTAL UTILITIES (12 thru 17) .............................. 19. SITE MANAGEMENT PAYROLL ..........,....,.....'.............., 20, MANAGEMENT FEE ....S:f:CllIUTI..COlfl'RAC.'I........ 21. PROJECT AUDITING EXPENSE ...................,................. 22. PROJECT BOOKKEEPING/ACCOUNTING .................... 23. LEGAL EXPENSES ........................................................, 24. ADVERTISING .................,........................................,...... 25. TELEPHONE & ANSWERING SERVICE ....................,... 26, OFFICE SUPPLIES ,.......................................................... 27. OFFICE FURNITURE & EQUIPMENT ................,........., 28. TRAINING EXPENSE ..........,...................,......,..............., 29. HEALTH INS. &OTHER EMP. BENEFITS ..................... 30. PAYROLL TAXES ............................................................ 31. WORKMEN'SCOMPENSATlON ................................... 32. OTHER ADMINISTRATIVE EXPENSES (Itemize) .......... 33. SUB.TOTALADMINISTRATIVE (/9lhru 32) ................ 34. REAL ESTArE TAXES .................................................. 35. SPECIAL ASSESSMENTS ............................................... 36. OTHER TAXES. LICENSES & PERMITS..PILOT.... 37. PROPERTY & LIABILITY INSURANCE ......................., 38. FIDELITY COVERAGE INSURANCE ............................. 39. OTHER INSURANCE ......AU'IOMOJlILE....................... 40. SUB. TOTAL TAXES & INSURANCE (34 Ihru 39) ......... 32 400 o o 66 2 8 27 000 2 000 76 000 494 219 2 1 20 27 000 2500 16 000 2 62 0 0 321 900 97 335 77 000 476 326 5 64 482 852 9 400 12 772 1 000 2 o o o o !ill 20 000 294,400 41. TOTALO&M EXPENSES (11+18+33+40).................... 12.165.021 I 1,938,679. 12,280,045 Funn RD I'nU.7 Pilge 2 16It'~.' '"-,,,,~~,'.< PART III-ACCOUNT BUDGETING/STATUS I =~ I AClUAL PROPOSED BUDGET COMMENTS or(YTD) RESERVE ACCOUNT: \, BEGINNING BALANCE ........,..............,..............,.........., 2, TRANSFER TO RESERVE .............................................. TRANSFER FROM RESERVE....,.....,...........,........................ 3. OPERATING DEFICIT .............................................,.. 4. BUILDING REPAIR & IMPROVEMENTS..............,.., 5, EQUIPMENT REPAIR & REPLACEMENT ............... 6, OTHER NON-OPERATlNG EXPENSES ..................... 7, TOTAL (3 thru 6) ..........,...........................................,.. 8. ENDING BALANCE [(1+2)-7] ........................................ 24n n.... ..n.. I.'. ~ln ""~ , . .' ZIZ.Z7] ( ) ( 212 27j IT ) 'UIl 201 GENERAL OPERATING ACCOUNT:' BEGINNING BALANCE ..,............................................... ENDING BALANCE ............................,........................... 23.586 15.000 1 REAL ESTATE TAXAND INSURANCE ESCROW ACCOUNT:' BEGINNING BALANCE .................................................. ENDING BALANCE ........................................................ ~ I ~ TENANTSECURITV DEPOSIT ACCOUNT:' BEGINNING BALANCE ......................................,........... ENDING BALANCE ........................................................ 123:041 I 117 500 (.Complete upon submission of actual expenses.) RESERVEACcr. REQ, BALANCE....,I AMOUNT AHEADIBEHIND ..,.......... NUMBER OF APPLICANTS ON TIlE WAITING LISTI NUMBER OF APPLICANTS NEEDING RA..................... PART IV - BUDGET DETAIL 1. ACCOUNTS RECENEABLE-AGED 0-30 30-60 60-QO OVER QO 3. ITEMIZE P'A IlTI LINE20 2. ACCOUNTS PAVABLE -AGED 0-30 30-60 60-90 OVER 90 4.ITEMIZEPARTI LINE32 Fonn RD 1930-1 Page 3 .' . 16! 1 '!) PART IV-RENT SCHEDULE A CURRENT APPROVED RENTS POTENTIAL INCOME FROM UNIT DESCRIPTION RENTAL RATES EACH RATE UNIT NOT!! NOTE BR SIZE l\'PE NUMBER BASIC RATE HUD BASIC RATE HUn 1 OOR 66 290/mo ZZ!I,OIlU 2 0011 252 316/mo 955,5114 ~ ..nlll 181 342/111d 161,448 6. ..nul ..." 364/mo 589,680 LES S Z] V , :u,JOU. CURRENT RENT TOTALS: t488,806 BASIC NOT!! HUn ?, 5~'d.,3'r B PROI'OSED CHANGE TO RENTS POTENTIAL INCOMB FROM UN IT DESCRIPTION RENTAL RATES EACH RATE =1 NOT!! NOT!! BR SIZE NUMBER BASIC RATE HUD BASIC RATE HUD 1 BDR 66 305/mo 241 560 2 InnR 2"7 1....1/.... . nnn 01.1. ~ lun" .117 IIn. .lnA J. !"nu ----.-u ~~R ,. "'~ non "-,--,_...,- LE~ S 2l VACANCY . I( 53,152 CURRENT RENT TOTALS: 2 604 44 BASIC NOTE Hun EFFECTIVE DATE 0.' RENTIUTIUTY ALLOWANCEClL\NGE: t;T\L1TY ALLOWANCE DETAIL nrll I MONTHLY DOLLAR ALLOWANCES TRASH BR SIZE UNIT TYPE NUMBER ELECTRIC GAS WATER SEWER TRASH OTHER TOTAL 1 BDR 66 15.00 11,88 2 BDR 252 15.00 45,36 3 BDR 187 15.00 33.66 4 BDR 135 15.00 24,30 , TOTAL 115,20 o o o o o ~orm RI.) IY30-7 Page 4 1611 ... ~ . PART VI - ANNUAL CAPITAL BUDGET Appliances: Range Refrigerator Range Hood Washer.; & Dryer.; Carpet and Vinyl: I Br. 2Br. 3Br.+ Common area Cabinets: Kitchens Bathroom Doors: Exterior Interior Window Coverings: Detail Heating and Air Conditioning: Heating Air conditioning Plumbing: Water Heater Bath Sinks Kitchen Sinks Faucets Toilets Major Electrlcial Detail Structures: Windows TERMITES Screens Walls Roofing Siding Exterior Painting raving: Asphalt Concrete Seal and Stripe Landscape and grounds: Landscaping Lawn Equipment F eueing Recreation area Signs Accessibility features: Detail Automation equipment: Site management Common area Other: List: List: TOTALCAPITALEXPENSES: Form RD 1931)...7 Page S Proposed/Actual Proposed/Actual From Reserve Number of units Total \ 10:630 I I ~~ I ~~:~~~ 24 370 \ \ \ I I I 1 I I I I I 21,000 21 000 78_47~ ,,,,,. . 11 ~~ '70 1.'7" I 77 '7on '7') '7on I I I 207.26'; 207,265 1611 "':' PART VI __ SIGNATURES, DATES AND COMMENTS o Check if Borrower comments attached o Check if Rural Development comments attached AGE:\ DATE: g cJ; DAT: 9/; /J5 CERTI COMMENTS: {//;! ~ Itt/vCH,:n~ h .0111 Jv/J! ~'!/;tbtl ~~ --I;t, /fff-c- fy. /ll~. /};,j /2fd{, P it ,o/;~p~ P'J- If? ~ ;i?w f/ cf . /A; ~1zt. ~ ~Lffa/y{f C~~/7T1/)>#/'" /u~..6 -4 Ix /JtI h//};/IuY!.. Form RD1930-7 Page 6 Approved Budget 2005-2006 REVENUE Resident Rents Miscellaneous Rents Interest Income Other Income $2,604,440 58,500 26,200 148,300 Total Revenue $ 2.837.440 OPERATIONAL EXPENSES Administrative Maintenance Security Utilities Debt S~'fVice Reserves $ 1,349,592 767,053 99,400 99,000 229,920 292,475 Total Expense $2.837.440 16 '1 . 16 I 1 . REVENUE Dwelling Rents 2005-2006 2004-2005 66 x I Br units 305 Monthly = 241,560 229,680 252 x 2Br units 331 Monthly = 1,000,944 958,608 187 x 3Br units 357 Monthly = 801,108 769,692 135 x 4Br units 379 Monthly 613,980 589,680 Total 2,657,592 2,547,660 2% Vacancy {53,152} {58,854} Total Dwelling Rents 2.604.440 2.488.806 Miscellaneous Rents Convenience Store and Laundry = 24,500 21,120 Parlcing Permits & Storage 34,000 29,000 Total Miscellaneous Rents 58.500 50.120 Interest Income Debt Service Fund = 100 100 General Reserve Fund = 26,000 30,000 Insurance Reserve Fund = 100 500 Total Interest Income 26.200 30.600 Other Income Maintenance Charges = 12,000 12,000 Legal Fees & Late Charges = 15,000 15,000 Garbage Collection Fees = 115,200 113,000 Key Replacement Fees = 1.000 1,000 Bad Debt Collection 2,000 2,000 Daily Cash Surplus 100 100 Miscellaneous Income = 3,000 3,000 Total Other Income 148.300 146.100 Total Revenue 2.837.440 2.715,626 1611 . Operational Expenses ADMINISTRATIVE Salaries: Executive Director (94,256) Secretary (25,245) Director of Administration Accountant (52,484) Accounts Receivable Clerk Assistant Accounts Receivable Clerk Management Coordinator Assistant Resident Manager Occupancy Specialist Secretary Inspector (35,524) Resident Services Coordinator Director Housing Operations (57,863) (2% COLA & 2% Merit) Total Administrative Salaries Contract Services: Audit Legal General Consulting Services Contracts Total Contract Services Casualty Insurance: Vehicle Fidelity Fire and Windstorm Public Liability & Officers & Directors Worker's Compensation Total Casualty Insurance General Administrative: Subscriptions Dues Travel Collection Losses Training PILOT Postage Resident Services 2005-2006 2004-2005 75,405 76,879 23,983 24,429 60,757 61,904 41,987 41,935 22,899 23,320 19,780 20,161 47,605 48,527 27,833 28,365 32,220 32,818 25,715 21,314 21,000 43,178 42,000 46,290 47,166 19,601 482.852 494.219 15,000 10,000 15,000 17,000 12,000 12,000 5,000 5,000 47.000 44.000 20,000 46,000 3,500 3,000 167,700 189,700 96,800 76,800 55,000 60,800 343.000 376.300 1,000 1,000 2,000 2,000 15,000 22,000 2,000 2,000 5,000 9,000 6,400 6,400 6,000 6,000 2,000 2,000 lh 11 . 2005-2006 2004-2005 Scholarship 5,000 5,000 Office Supplies & Equipment 15,000 16,000 Miscellaneous 11,740 5,000 Fringe Benefits FICA 75,600 69,600 Unemployment 1,000 1,000 Retirement 142,000 53,000 Health Insurance & Disability 162,000 181,000 Overtime 2,000 2,000 Other (Employee Benefits) 1,000 1,000 Holiday Bonus 22,000 Total General Administrative 476.640 384.000 Total Administrative 1.349.592 1.298.519 MAINTENANCE Salaries: Director of Maintenance 55,108 56,158 6 x Maintenance Technicians 155,571 135,320 12 x Maintenance Laborers 235,718 232,861 1 x Housekeeper 20,769 7,509 (2% COLA & 3% Merit) 18,687 Total Salaries 485.853 431.848 Contracts: Equipment 15,000 18,000 Auto (Auto Lease) 7,200 14,400 Total Maintenance Contracts 22.200 32.400 Snpplies & Materials: Appliance Parts 40,000 35,000 Paint & Chemicals 30,000 35,000 Electrical Parts 17,000 17,000 Equipment Parts 30,000 15,000 Fuel 28,000 22,000 Plumbing Parts 30,000 27,000 General Materials 45,000 50,000 Maintenance Equipment 4,000 4,000 Total Snpplies and Materials 224,000 205.000 Major Capital Equipment & Improvements.: Kitchen Appliances 35,000* 35,000 Office Equipment 0 0 Major Maintenance Equipment 0 0 Other Equipment 0 0 Total Capital Equipment 35,000. 35,000 · See Attachment A Total Maintenance 767.053 704,248 16 I 1 . SECURITY 2005-2006 2004-2005 Security Contract 91,000 90,854 Contracts: (ADT) 8,400 8,400 Total Security 99.400 99.254 UTILITffiS Electric 27,000 27,000 Garbage Disposal 45,000 45,000 Water/Sewer 5,000 4,000 Telephone 22,000 22,000 Total Utilities 99.000 98.000 DEBT SERVICE Bond Retirement: Series "A" 0 30,000 Series "B" 36,000 35,000 Series "C" 62,000 62,000 Series "D" 28,000 27,000 Series "E" 29,000 28,000 Series"f" 41,000 40,000 Bond Interest: Series "A 11 0 300 Series "B" 1,820 2,170 Series "e II 5,810 6,420 Series "0" 5,400 5,670 Series "E" 8,330 8,610 Series "'F" 12,560 12,960 Total Debt Service 229 .920 258.130 RESERVES Regular 292.475 Insurance -0- Total Reserves 292.475 292.475 Total Operational Expenses 2.837.440 2.750.626 1611 ... ~ . Attachment A Requested Capital Equipment Appliances: Stoves # 50 $ 17.500.00 $ 17.500.00 Refrig;erators # 50 # $ TOTAL $ 35.000.00.. Office Equipment: $ $ $ o Mise, Furniture. Comouter & Tvoewriter $ 1611 . PRORATION SCHEDULE 2005-2006 RD Section 8 Executive Director 85 15 Secretary 95 5 Director Administration 100 Secretary 100 Fiscal Coordinator 80 20 Management Coordinator 100 Director Maintenance 100 Section 8 Coordinator 100 Occupancy Specialist 100 Accounts Receivable Clerk 100 Asst, Accounts Receivable Clerk 100 Asst. Resident Manager 100 Maintenance Mechanic (5) 100 Maintenance Helper (11) 100 Section 8 Program Specialist 100 Secretary 100 Janitor 100 Inspector 60 40 Social Services Coordinator 100 Director Housing Operations 80 20 FSS Coordinator 100 Section 8 Interviewer 100 ....., ......,' ..""'v~ ..- ..... .- ......T.. u..~..U..A. "'AA' ...~A \;An.l.AIL '1II002 1611 . FmHA llU1t:rucr:ion 1944-1 Exhibir: /1-6 (Revision 1) , " HOUSING ALLOYARC;: tlTILl'J:1BS AIIID OTHER C SEll.VlCES BFFECTTV1!: DATE - T r PART 1 , I Collier County Housing Authority lWIE OF BOIIlOWElI. LQCA'UOH ABD mEll'UE'ICAtlOH 0., PROJECT MDnthlv Dollar Allawanc.. ':'"" trrtL1TY QR savrcR G-B. -l.BR ~2~BR -!-KR ~4-BR -S.BR : : HEA.'rtNO .. RIIC11Z'.l 0.. Bor:r:18 0.. c. 11.0tTlo 011 An CONDITI011lll0 . . . . 4.00' 6.0rk C).oo! 12.00 - . . . : : : : : . : , . COOK1IfC Na't\l.Xal G.. Boccl. 0.. El.ctric 0THEIl ELECD-IC Ll IlBFJlIGIlJlATIOH. ITC. I '} 3.000 6.00' 12.00: 15.00; : . . , ... ... .. - . .. .. .. 15.0~24.00:31.00:35.00: . . 'llAtEll llEATIlfG e. mr.tw:.l G Bott.l. 0- &Ieccrie 4. on . . . . . .. .. .. ... ... 6.00;12.00;17.00;20.00: '1ATEIl .. .. .. .. 8.00:16.00:20.00;24.00; : .. .. . .. .. .. .. ... 8.00:16.00:20.00:24.00: SEIlEIl ntASII COLLECT1OH .. .. .. .. .. .. .. . .. .. :11.00:11.00:11.00'11.00: : : 0THEl (Specify) " : .55.00'91.00 . Director Sigaar:ure 8 5 05 Ilau Al"lDVED SY FABHERS OME ADIWIlSTRAnOll . I Nama T1 d. SlpuLwr. Ilata (02-21-92) SPBCIAL COLLIER COUNTY HOUSING AUTHORITY SCHEDULE OF BOARD MEETING 2004-2005 September 6,2005 (annual) November 22, 2005 February 28, 2006 May 23,2006 August 22, 2006 (annual) November 28, 2006 1611 . 16 , 1 . Description of Outstanding Bonds We have previous bond sales during the period 1972 to 1983, 1990,2000,2001 and 2002 with outstanding debts. The balances as of September 30,2005 are as follows: 1972 Bond "A" 1976 Bond "B" 1981 Bond "e" 1990 Bond "D" 2000 Bond "E" 2001 Bond "F" o 182,000 581,000 540,000 833,000 1.256.000 Total 3 392 000 1 h 11 . ~~~~ Immokalee, Florida "AT A GLANCE" OUR MISSION is to provide choices for families to have decent, safe and affordable housing and opportunities for education and economic upward mobility for the residents of our communities. GENERAL: The Collier County Housing Authority created in 1966 has long been known as a housing provider that has 641 units of farm labor housing (Farm Worker Village and Collier Village) funded through loans and grants from United States Department of Agriculture and built in five (5) sections: ~ Section "A" has 150 units, opened in 1974 ~ Section "B" has 126 units, opened in 1978 ~ Section "C" has 215 units, opened in 1983 ~ Section "0" has 50 units, opened in 1991 ~ Collier Village has 30 units, opened in 1991 ~ Section "E" has 35 units, opened in 1999; ~ 35 additional units in "E" opened in February 2001. All of the units are the same basic design with the one (1) bedroom unit built in four- plexes, two (2) bedroom units built in duplexes and three (3) and four (4) bedroom units are single family dwellings. This configuration yields: 66 = 1 bedroom units 252 = 2 bedroom units 187 = 3 bedroom units 136 = 4 bedroom units RENTS: One (1) bedroom unit Two (2) bedroom unit Three (3) bedroom unit Four (4) bedroom unit $305.00 per month $331.00 per month $357.00 per month $379.00 per month These rents are made possible by grants and low interest loans from Rural Development. 16 11 . SUPPORTIVE SERVICES: The Housing Authority provides a multitude of support services for its families through various community partnerships. Below are some of these services: ~ Three (3) day care centers, one in each section (except D & E) operated by Redlands Christian Migrant Association. ~ Two (2) postal service areas. ~ Village Community Center that houses several educational programs: o Jump Start Program for mothers and children ages 0-3 that teaches about parenting. o After School Home Work Club o Adult Education (GED, ABE and ESOL) o Citizenship classes o A Positive Action through Cooperation (PAC) program that addresses the social and educational needs of both the parents and their at risk adolescents to positively impact the family dynamic. ~ A scouting hut ~ Blood and sugar checks provided by the local health department. ~ Immigration assistance and referral provided by Congressman Mario Diaz Balart's office. ~ The Housing Authority also has a full-time Social Services Coordinator on staff that provides case management services for our families and works with all community organizations in bringing additional resources to the families. ~ A specialized Summer Program each year. ELIGIBILITY: To be eligible to live in Farm Worker Village or Collier Village, the head of the household "must be a domestic farm labor earning a substantial portion of his or her income from domestic farm labor." OTHER PROGRAMS: The Housing Authority in cooperation with the US Department of Housing & Urban Development (HUD) also administers a Section 8 Housing Choice Voucher (HCV) Program that provides 440 vouchers of rental assistance to very low-income families in Collier County. In conjunction with this program, it operates a Family Self-Sufficiency Program that works with assisted families to obtain employment that will lead to economic independence and self-sufficiency. In addition, the Housing Authority also administers a Tenant Based Rental Assistance Program, which is a similar program as the Section 8 HCV Program for Collier County through the HOME Program. However, the program was developed to assist homeless, almost homeless and families with disabilities. l h , 1 . NEWEST DEVELOPMENT: The Collier County Housing Authority aware of the critical shortage of housing for unaccompanied farmworkers sponsored Horizon Village with the support of the local community of Immokalee. Horizon Village is a 192-bed facility designed for the unaccompanied migrant and seasonal farmworkers and is designed as a dormitory style efficiency unit with 4 bedrooms, with a common kitchen area with appliances, a dining area and two complete bathrooms. A meeting room is available to provide social and educational programs; there is space for a health unit to provide health services. The facility has also been constructed under Red Cross hurricane shelter requirements and our goal is to incorporate this facility into the community as an asset. CONTACT INFORMATION: Immokalee (main office) Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 (239) 657-3649 phone 239) 657-7232 fax cchafl@aolcom Naples Section 8 Office 5251 Golden Gate Parkway, Ste. 0 Naples, FL 34116 (239) 732-0732 phone (239) 732-1002 fax cchaflsec8@aolcom Horizon Village 415 Rose Avenue Immokalee, FL 34142 (239) 657- 3398 phone (239) 657- 5296 fax HorizonVllq@aol.com 1611 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida REPORT ON AUDIT OF BASIC FINANCIAL STATEMENTS, SUPPLEMENTAL INFORMATION AND SINGLE AUDIT FOR THE YEAR ENDED SEPTEMBER 30, 2005 1611 . TABLE OF CONTENTS PAGE Independent Auditors' Report ................................................................................. 1 Management's Discussion and Analysis ...,..........,......,...................................,........ 2-8 Basic financial statements Combined Balance Sheet .......,.................................. ....... ......... ........... ................... 9 Combined Statement of Revenue, Expenses and Changes in Equity ..................................... 10 Combined Statement of Cash Flows ........ .................. ........... ..,............. ........... .........., 11-12 Notes to Basic financial statements .,...............,........,................................................ 13-28 Supplemental Information Combining Balance Sheet..............,.,.................,.............,...... ..,. ,..... ..................... 29 Combining Statement of Revenue, Expenses and Changes in Equity .................................... 30 Statement and Reconciliation of Actual- Horizon Village Capital Projects Program Costs and Advances .................. ...... ............... .................... ............... .................. 31 Statement and Reconciliation of Actual HUD Rural Housing Development Costs and Advances .........................................................,................................. 32 Statement and Recunciliation of Family Literacy Costs and Advances ............,.. 33 Statement of Revenues and Expenditures Compared to Budget (Proprietary Fund Type) Rural Housing Services Subsidized Housing Only................................................. 34 Schedule of Audit Adjustments ..... ,.........................................................................., 35-37 Farm Worker Subsidized Housing Program ................................................................. 38-46 RHS Project Name: Collier County Housing Authority - Certificate of Borrower 47 Single Audit Section Schedule of Findings and Questioned Costs .......,....................,................,.............,..... 48-49 Schedule of Expenditures of Federal Awards ..,...............................,............................ 50 Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Basic financial statements Performed in Accordance With Government Auditing Standards ,....... ......,.. ......... ............. 51 Report on Compliance With Requirements Applicable to Each Major Program and Internal Control Over Compliance in Accordance With OMB Circular A-133 ...............".......................,...................... ."... 52 MALCOLM JOHNSON & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 210N. HIGHWAY 17-92 P.O. BOX 530848 DEBARY, FLORIDA 32753-0848 16 ~ ~I Phone: (386) 668-6464; Fax: (386) 668-6463 INDEPENDENT AUDITOR'S REPORT Board of Commissioners Collier County Housing Authority Immokalee, Florida BUD, Miami Area Office Office of Public Housing 909 S. E. First Avenue, Room 500 Miami, Florida 33131 We have audited the basic tinancial statements of the Collier County Housing Authority ("the Authority") as of and for the year ended September 30, 2005, as listed in the table of contents. These basic tinancial statements are the responsibility of the Authority's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to tinancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the financial position of Collier County Housing Authority as of September 30, 2005, and the changes in tinancial position and cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated December 16, 2005, on our consideration of the Collier County Housing Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over tinancial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over fmancial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards, and should be considered in assessing the results of our audit. The Management's Discussion and Analysis as detailed in this Report, is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries made of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion on the basic financial stalements of the Collier County Housing Authority. The accompanying supplemental information listed in the table of contents, is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. ~~hns:"1'ixt~,~. Certifie Public Accountants DeBary, Florida December 16, 2005 1611 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2005 As the management of the Collier County Housing Authority ("the Authority"), we offer the readers of the Authority's basic financial statements this narrative overview and analysis of the linancial activities of the Authority for the fiscal year ended September 30, 2005. We encourage readers to consider the information presented here in conjunction with the Authority's basic financial statements elsewhere in this report. Financial Highlights . The Authority's total net assets decreased by $669,942 (or 4.2 %) during fiscal year ended 2005. Total net assets were $15,207,218 and $15,877,160 for FYE 2005 and 2004 respectively. · The total operating expenses of all Authority programs (excluding depreciation expense) increased by $207,058 (or 3.9%) during fiscal year ended 2005. · At the close of fiscal year ended 2005, the Authority's assets exceeded its liabilities by $15,207,218. Using This Annual Report The Report includes three major sections, the "Management's Discussion and Analysis (MD&A)", "Basic Financial Statements", and "Other Supplementary Information": MD&A - Management's Discussion and Analysis- Basic Financial Statements - Basic Financial Statements Statement of Net Assets Statement of Revenues, Expenses, and Changes in Net Assets Statement of Cash Flows - Notes to Basic Financial Statements Other Supplementary Information - As listed in the Table of Contents The primary focus of the Authority's basic financial statements is on both the Authority as a whole and the major individual programs. Both perspectives allow the user to address relevant questions, broaden a basis for comparison (year to year or Authority to Authority), and enhance the Authority's accountability. 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1 6 11 .- . MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2005 (Continued) Basic Financial Statements The basic financial statements are designed to be corporate-like in that all business type activities are consolidated into columns that add to a total for the entire Authority. These Statements include a Statement of Net Assets, which is similar to a balance sheet. The Statement of Net Assets reports all financial and capital resources for the Authority. The statement is presented in the format where assets minus liabilities, equals "Net Assets", formerly known as equity. Assets and liabilities are presented in order of liquidity, and are classified as "current" (convertible into cash within one year), and "non- current" . The focus of the Statement of Net Assets (the "Unrestricted Net Assets") is designed to represent the net available liquid (non-capital) assets, net of liabilities, for the entire Authority. Net Assets (formerly equity) are reported in three broad categories: Net Assets, Invested in Capital Assets, Net of Related Debt: This component of Net Assets consists of all Capital Assets, reduced by the outstanding balances of any bonds, mortgages, notes or other borrowings that are attributable to the acquisition, construction, or improvement of those assets. Restricted Net Assets: This component of Net Assets consists of restricted assets that have constraints placed on the assets by creditors (such as debt covenants), grantors, contributors, laws, regulations, etc. Unrestricted Net Assets: Consists of Net Assets that do not meet the definition of "Net Assets Invested in Capital Assets, Net of Related Debt", or "Restricted Net Assets". The basic financial statements also include a Statement of Revenues, Expenses and Changes in Net Assets (similar to an Income Statement). This Statement includes operating revenues, such as rental income, operating expenses such as administrative, utilities, maintenance, and depreciation, and non-operating revenue and expenses such as capital grant revenue, investment income, and interest expense. The focus of the Statement of Revenues, Expenses and Changes in Net Assets is the "Change in Net Assets", which is similar to net income or loss. Finally, the Statement of Cash Flows is included, which discloses net cash provided by, or used for operating activities, non-capital financing activities, and from capital and related financing activities. The Authority consists of exclusively Enterprise Funds. Enterprise funds utilize the full accrual basis of accounting. The Enterprise method of accounting is similar to accounting utilized by the private sector accounting. Many of the funds maintained by the Authority are required by the Department of Housing and Urban Development. Others are segregated to enhance accountability and control. 3 16/1 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2005 (Continued) The Authority's Programs The Authority has many programs that are consolidated into a single enterprise fund. The major programs consist of the following: Farm Labor Housing - Under the Rural Development-Farm Labor Housing Program, the Authority rents units that it owns to low income households. The Housing Authority has 311 units of Rental Assistance to assist the very-low income households. In addition, the Housing Authority owns and operates a I 92-bed dornlitory style facility that houses unaccompanied male farm workcrs. Tenant Based Rental Assistance Program (TBRA) - The Tenant Based Rental Assistance Program is a HUD HOME Grant funded through Collier County Government to provide rental assistance to homeless and disabled families. Housing Choice Vouchers Program - Under the Housing Choice Voucher Program, the Authority administers contracts with independent landlords that own the property, The Authority subsidizes the family's rent through the Housing Assistance Payment made to the landlord. The program is administered under an Annual Contributions Contract (ACe) with HUD. HUD provides Annual Contributions Funding to enable the Authority to structure a lease that sets the participants' rent at approximately 30% of household income. Florida Department of Education The Housing Authority was awarded two grants, an Adult Education/Literacy Grant, and the Positive Action Cooperation Success Academy Grant from the Florida Department of Education. Governor's Family Initiative The Housing Authority was awarded a Family Literacy Grant from the Governor's Family Initiative Program. Immokalee Foundation Grant The Housing Authority was awarded a Grant for after school homework, recreation, and a 4-H program. The Authority as a Whole The Authority's net assets decreased by $669,942 during the fiscal year as detailed below. The Authority's revenues under the Farm Labor Housing Program are primarily from rental income and under the Housing Choice Voucher Program revenues are from subsidies and grants received from HUD. The Authority received subsidies each month based on a pre-approved amount by HUD. Grants are drawn down based on need against a pre-authorized funding level. The Authority's revenue was not sufficient to cover all expenses, including depreciation during the fiscal year in the Farm Labor Housing Program. By far, the largest portion of the Authority's net assets reflects its investment in capital assets (e.g. land, building, equipment and construction in progress). The Authority uses these capital assets to provide housing services to its tenants; consequently, these assets are not available as a source of funds for future spending, The unrestricted net assets of the Authority are available for the future use to provide program service. 4 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1 6 ~ .. ...~~ " ~, i I: I , , MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2005 (Continued) Statement of Net Assets The following table reflects the condensed Statement of Net Assets compared to prior year. The Authori!) IS engaged only in Business-Type Activities. Table 1 - Statement of Net Assets September 30, 2005 2004 Assets Current Restricted assets Noncurrent Total assets $ 862,995 $ 990,011 1,547,812 1,537,073 17.436,1 55 18.422.3 12 19,846,962 20,949,396 744.451 1,448,236 3,895,293 3,624.000 4,639,744 5,072,236 $ 15,207,218 $ 15.877.160 $ 13,313,755 $ 14,075.122 1,546,904 1,537,073 346,559 264,965 $ 15.207.218 $ 15.877.160 Liabilities Current liabilities Noncurrent liabilities Total liabilities Net Assets Net Assets Investment in capital assets, net of related debt Restricted Unrestricted Total net assets There was a decrease In cash and cash equivalents of $127,016 due to unrestricted and due from other Governments. There was a decrease in accounts payable and notes and bonds payable due to a Bond being paid off. Capital Assets deceased due to kitchen appliances being disposed of, and depreciation of capital assets. 5 1 h 11 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Items to note: MANAGEMENT'S DISCUSSION AND ANALYSIS September 30,2005 (Continued) (l) Depreciation is treated as an expense and reduces the results of operations but does not have an impact on Unrestricted Net Assets. (2) Capital expenditures represent an outflow of unrestricted net assets, but are not treated as an expense against Results of Operations, and therefore must be deducted. Table 2 - Statement of Revenues, Expenses and Changes in Net Assets The following schedule compares the revenues and expenses for the current and previous fiscal year. Statement of Revenues, Expenses and Changes in Net Assets are as follows: September 30, 2005 2004 Operating revenues and expenses Operating revenues $ 2,295,682 $ 1,968,508 Governmental operating revenues 3,844,823 4,249,950 Depreciation expenses ( 1,261,409) ( 1,023,252) Other operating expenses ( 5.4 77,998) ( 5,270,940) Operating income ( 598,902) ( 75.734) Nonoperating revenues and expenses Interest revenue 30,490 31,810 Interest expense ( 36,140) ( 38,366) Capital contributions 175,398 Change in net assets ( 604,552) 93,108 Net assets, beginning of year 15,877, I 60 15,778,159 Prior year adjustments and correction of errors ( 65,390) 5,893 Net assets, end of year $ 15.207.2]8 $ 15.877.]60 Operating revenue had an increase in 'other revenue' due to rent increase and also rent was billed on a monthly basis instead of a weekly basis. Governmental operating revenue decreased in Rural Development Loans and Grants. On capital projects Dorm was completed. 6 "11 h " c .!1.. It ., , I, :; , " COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2005 (Continued) Budgetary Highlights For the year ended September 30, 2005, individual program or grant budgets were prepared by the Authority and were approved by the Board of Commissioners. The budgets were prepared in accordance with accounting procedures prescribed by the applicable funding agency. Capital Assets and Debt Administration As of September 30, 2005 the Authority's investment in capital assets for its Proprietary Fund was $13,313,755 (net of accumulated depreciation). This investment in capital assets includes land, buildings, equipment, and construction in progress. The Authority has long term debt as of September 30, 2005 with a balance per their loan agreement with USDA in the amount of $3,614,000 with an interest rate of 1%. In addition there is a $500,000 bank note with interest rate of 7%, and a State Housing Initiative Program (SHIP) loan for $228,000 with a 0% interest rate. These loans comprise the total debt of the Authority as of September 30, 2005. These debts have been incurred to meet its mission of constructing low income housing for the Collier County area. Additional information on the Authority's capital assets and debt administration can be found in the Notes to Basic financial statements, which are included in this report. Capital Assets As of year end, the Authority had $17,706,687 invested in a variety of capital assets as reflected in the following schedule. Table 3 - Capital Assets at Year End Business-type Activities September 30, 2005 Nondepreciable: Land Infrastructure Depreciable: Buildings Equipment - Dwellings Equipment - Administration $ 2,411,530 3,488,085 25,080,190 15,030 1,913,643 32,908,478 Accumulated Depreciation ( 15,201,791) Capital Assets, net $ 17,706.687 7 16/1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida MANAGEMENT'S DISCUSSION AND ANALYSIS September 30, 2005 (Continued) Factors Affecting Next Year's Budget It is uncertain of the impact the upcoming rules changes for the operating subsidy for Low Income Public Housing will have it is anticipated that administrative fees and subsidy may decrease in the Housing Choice Voucher Program due to recent federal budget constraints. Economic Factors Significant economic factors affecting the Authority are as follows: . Federal funding provide by Congress to the Department of Housing and Urban Development . Local labor supply and demand, which can affect salary and wage rates . Local inflationary, recessionary and employment trends, which can affect resident incomes and therefore the amount of rental income . Inflationary pressure on utility rates, supplies and other costs . Local development pressures affecting the market rents and demand for affordable housing . Salary and benefits costs increases (e.g. health insurance cost increase). 8 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida STATEMENT OF l'I'ET ASSETS SEPTEMBER 30, 2005 ASSETS Current assets Cash and cash equivalents - unrestricted Interest receivable Accounts receivable (net of allowance for uncollectibles) Due from other governments Inventory (net of allowance for obsolescence) Prepaid expenses Total current assets Restricted assets Debt service and other reserve funds Noncurrent assets Other assets - deposits Capital assets, net of accumulated depreciation Total noncurrent assets Total assets Current liabilities Accounts payable Accrued wages/taxes payable Accrued compensated absences Other accrued liabilities Due to other governments Notes and bonds payable Accrued interest payable Deferred revenue Resident security deposits Total current liabilities Noncurrent liabilities Notes and bonds payable (net of unamortized discount) Compensated absences Total noncurrent liabilities Total liabilities NET ASSETS Investment in capital assets, Net of related debt Restricted net assets Unrestricted net assets Total net assets The accompanying notes are an integral part of these basic financial statements. 9 1~ P, 1 , -- lit c $ 591,477 1,924 5,862 104,917 41,515 _~~3~~ 862,995 1,547,812 2,400 17,433,7~ 17,436,155 ~846,962 ---- '- 33,282 8,179 13,525 20,343 244,304 238,000 2,827 37,352 146,63J_ 744,4~ 3,882,000 13,293 3,895,293 4,639,744 $ 13,313,755 1,546,904 346,5~ 15,207,1~ 1611 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED SEPTEMBER 30, 2005 Operating revenues Rental revenue Governmental revenue Other revenue Total operating revenues Operating expenses Administrative Tenant services Utilities Ordinary maintenance & operation General expenses Housing assistance payments Depreciation Total operating expenses Operating loss Nonoperating revenues (expenses) Interest revenue Interest expense Total nonoperating expenses Decrease in net assets $ 2,077,571 3,844,823 218,111 6,140,505 1,040,454 229,061 42,041 662,982 706,858 2,796,602 1,261,409 6,7391407 (598,902! 30,490 __ ~~-,!~Ol (5,650) (604,552) Net assets, beginning of year Prior year adjustments and correction of errors Adjusted net assets - beginning of year Net assets, end of year 15,877,160 . __. (65,390) 15,8111770 !~ ...} 5,2.0IJ 18_ The accompanying notes are an integral part of these basic financial statements, 10 ~ ,. I, ;. COLLIER COUNTY HOUSING AUTHORITY l 0 Immokalee, Florida STATEMENT OF CASH FLOWS FOR THE YEAR ENDED SEPTEMBER 30, 2005 Cash Flows From Operating Activities Receipts from residents and other deposits Governmental operating revenues Other receipts Payments to suppliers Payments to/for employees Payments to landlords Net cash provided by operating activities Cash Flows From Capital and Related Financing Activities Purchases of capital assets Principal paid on capital debt Interest paid Other receipts Net cash used by capital and related financing activities Cash Flows From Investing Activities Interest and dividends Net cash provided by investing activities Net increase in cash equivalents Balance - beginning of the year Balance - end of the year Reconciliation of Cash Flows to Statement of Net Assets Cash and cash equivalents - unrestricted There are no noncash investing, capital and financing activities. 11 " ~ ' ot~"" , , M_'l. 0 $ 2,107,252 4,002,437 147,499 (2,715,741) (186,707) (2,Z96,602) 558-,}.38 (278,035) (222,000) (36,140) _(10,739) (546,~14) __30,372 ___~,3Z2n 41,596 _549,881 $ ___~1,477 ~___~~!A77 . --,----- COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida STATEMENT OF CASH FLOWS FOR THE YEAR ENDED SEPTEMBER 30, 2005 (Continued) Reconciliation of Net Operating Loss to Net Cash Provided By Operating Activities Operating loss Adjustments to reconcile net operating loss to net cash provided by operating activities: Depreciation elimination Increase in accounts receivable Decrease in due to/(from) other governments Increase in inventory Increase in prepaid expenses Decrease in other assets Increase in security deposits Decrease in accounts payable Increase in accrued wages Increase in compensated absences Increase in accrued liabilities Increase in deferred revenue Adjustment to prior year Net cash provided by operating activities The accompanying notes are an integral part of these basic financial statements. 12 1 h 11 . $ (597,994) 1,261,409 (293) 182,312 (7,364) (13,348) 2,790 29,974 (242,255) 3,295 4,256 1 752 (iiJ-,397) $__558,}:3lL 1 f.,.. r '; COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 A - Summary of Significant Accounting Policies and Organization: 1. Orgauization: The Collier County Housing Authority ("the Authority") is a public body corporate and politic which was organized under Chapter 421 of the Florida Statutes on July 12, 1966 and the laws of the State of Florida to provide low rent housing for qualified individuals in accordance with the rules and regulations prescribed by the U.S. Department of Agriculture, Rural Housing Services (formerly Farmers Home Administration), U.S. Department of Housing and Urban Development (HUD) and other Federal Agencies. The Authority has been a recipient of several loans and grants from Rural Housing Services (RHS) since 1971 under Project No. 09-011-05914055 pursuant to Sections 514 and 516 of the Housing Act of 1949, as amended. The Rural Housing Services programs are designed to provide decent, safe, and sanitary low-rent housing and related facilities for domestic farm laborers. Effective July 1, 1992, the Board of Commissioners of Collier County transferred all of its HUD Housing Assistance Payments programs to the Authority, pursuant to an Assumption and Interlocal agreement. The transfer was approved by the U.S. Department of Housing and Urban Development pursuant to a Contract of Novation between the Authority, the County and HUD. The Authority has agreed to undertake the development and operation of certain low rent housing projects and to provide decent, safe and sanitary housing for eligible families pursuant to Section 8 of the Housing Assistance Act by means of Housing Assistance Payments to owners through Annual Contributions Contract number A-3402V (Housing Choice Vouchers, Housing Assistance Program). 2, Reporting Entity: In detennining how to define the reporting entity, management has considered all potential component units. The decision to include a component unit in the reporting entity was made by applying the criteria set forth in Section 2100 and 2600 of the Codification of Governmental Accounting and Financial Reporting Standards and Statement No. 14 (amended) of the Governmental Accounting Standards Board: The Financial Reporting Elltity. These criteria include manifestation of oversight responsibility including financial accountability, appointment of a voting majority, imposition of will, financial benefit to or burden on a primary organization, financial accountability as a result of fiscal dependency, potential for dual inclusion, and organizations included in the reporting entity although the primary organization is not financially accountable. Based upon the application of these criteria, the reporting entity has the following component unit: CCHA Land Development Corporation - this component unit has been blended for financial statement presentation. The basic financial statements of the Collier County Housing Authority include Farm Labor Housing Loans and Grants (Rural Housing Services Capital Projects Program), Section 8 Housing Assistance Programs under Annual Contributions Contract A-3402, and the CCHA Land Development Corporation, which is a non-profit corporation organized, incorporated and controlled, by the Collier County Housing Authority for the advancement of affordable housing. 13 16 '1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) A _ Summary of Significant Accounting Policies and Organization: (Continued) 3. Basis of Presentation and Accounting: In accordance with uniform financial reporting standards for HUD housing programs, the basic financial statements are prepared in accordance with U. S. generally accepted accounting principles (GAAP). Based upon compelling reasons offered by HUD, the Authority reports under the governmental proprietary fund type (enterprise fund), which uses the accrual basis of accounting. The enterprise fund emphasizes the flow of economic resources measurement focus. In this fund, revenues are recorded when earned and expenses are recorded at the time the liabilities are incurred. Pursuant to the election option made available by GASB Statement No. 20, Pronouncements of the Financial Accounting Standards Board (FASB) issued after November 30,1989 are applied in the preparation of the basic financial statements. The enterprise fund is used to account for those operations that are financed and operated in a manner similar to private business, or where the Board has decided that the determination of revenues earned, costs incurred, and/or net income is necessary for management accountability. The intent of the governing body is that the costs (expenses including depreciation) of providing services to the general public on a continuing basis be financed or recovered primarily through user charges. 4. Budgets: Budgets are prepared on an annual basis for each major operating program and are used as a management tool throughout the accounting cycle. The capital fund budgets are adopted on a "project length" basis. Budgets are not, however, legally adopted nor legally required for financial statement presentation. 5. Cash Equivalents: Cash equivalents consist principally of demand deposits and certificates of deposit. These are stated at fair value. 6, Interprogram Receivables and Payables: Interprogram receivables/payables are all current, and are the result of the use of the Public Housing Program as the common paymaster for shared costs of the Authority. Cash settlements are made periodically, and all interprogram balances net zero. Offsetting due to/due from balances are eliminated for the financial statement presentation. 7, Investments: Investments are recorded at fair value. Investment instruments consist only of items specifically approved for public housing agencies by HUD and the U.S. Department of Agriculture. Investments are either insured or collateralized using the dedicated method. Under the dedicated method of collateralization, all deposits and investments over the federal depository insurance coverage are collateralized with securities held by the Authority's agent in the Authority's name. It is the Authority's policy that all funds on deposit are collateralized in accordance with both HUD requirements and requirements of the State of Florida. 14 16/1 . ... COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) A - Summary of Significant Accounting Policies and Organization: (Continued) 8. Inventories: Inventories (consisting of materials and supplies) are valued at cost using the first in, first out (FIFO) method. If inventory falls below cost due to damage, deterioration or obsolescence, the Authority establishes an allowance for obsolete inventory. In accordance with the consumption method, inventory is expensed when items are actually placed in service. 9. Prepaid Items: Payments made to vendors for goods or services that will benefit periods beyond the fiscal year end are recorded as prepaid items. 10. Restricted Assets: Certain assets may be classified as restricted assets on the balance sheet because their use is restricted by contracts or agreements with outside third parties and lending institutions. 11. Use of Estimates: The preparation of basic financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent liabilities at the date of the basic financial statements and reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. 12. Fair Value of Financial Instruments: The carrying amount of the Authority's financial instruments at September 30, 2005 including cash, investments, accounts receivable, and accounts payable closely approximates fair value. 13, Fixed Assets: a, Book Value: All purchased fixed assets are valued at cost when historical records are available. When no historical records are available, fixed assets are valued at estimated historical cost. Land values were derived from development closeout documentation. Donated tixed assets are recorded at their fair value at the time they are received. Donor imposed restrictions are deemed to expire as the asset depreciates. All normal expenditures of preparing an asset for use are capitalized when they meet or exceed the capitalization threshold. b, Depreciation: The cost of buildings and equipment is depreciated over the estimated useful lives of the related assets on a composite basis using the straight-line method. Depreciation commences on modernization and development additions in the year following completion. 15 16 f 1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) A _ Summary of Significant Accounting Policies and Organization: (Continued) 13, Fixed Assets: b. Depreciation: (Continued) The useful lives of buildings and equipment for purposes of computing depreciation are as follows: Buildings Modernization Office and Other Furniture 20-30 years 15 years 3-5 years c. Maintenance and Repairs Expenditures: Maintenance and repairs expenditures are charged to operations when incurred. Betterments in excess of $500 are capitalized. When buildings and equipment are sold or otherwise disposed of, the asset account and related accumulated depreciation account are relieved, and any gain or loss is included in operations. 14. Compensated Absences: Compensated absences are those absences for which employees will be paid, such as vacation and sick leave computed in accordance with GASB Statement No. 16. A liability for compensated absences that are attributable to services already rendered and that are not contingent on a specific event that is outside the control of the Authority and its employees, is accrued as employees earn the rights to the benefits. Compensated absences that relate to future services or that are contingent on a specific event that is outside the control of the Authority and its employees are accounted for in the period in which such services are rendered or in which such events take place. 15. Litigation Losses: The Authority recognizes estimated losses related to litigation in the period in which the occasion giving rise to the loss occurred, the loss is probable and the loss is reasonably estimable. 16. Annual Contribution Contracts: Annual Contribution contracts provide that HUD shall have the authority to audit and examine the records of public housing authorities. Accordingly, final determination of the Authority's financing and contribution status for the Annual Contribution Contracts is the responsibility of HUD based upon financial reports submitted by the Authority. 17. Risk Management: The Authority is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters, The Authority carries commercial insurance for all risks of loss, including workers' compensation and employee health and accident insurance. Settled claims resulting from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years, Additionally, there have been no significant reductions in insurance coverage from the prior year. 18. Use of Restricted Net Assets: It is the Authority's policy to first apply restricted resources when an expense is incurred for purposes for which both restricted and unrestricted net assets are available. 16 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida ,I -? " " '. 1 1 ,I.~ Q NOTES TO BASIC FINAt'\'CIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) B - Deposits and Cash and Cash Equivalents: For purposes of the Statement of Cash Flows, the Authority considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased and non-negotiable certificates of deposit to be cash eqUlvalents. There were no noncash investing, capital and financing activities during the year. 1. HUD Deposit and Investment Restrictions HUD requires authorities to invest excess HUD program funds in obligations of the United States, certificates of deposit or any other federally insured instruments. HUD also requires that deposits of HUD program funds be fully insured or collateralized at all times. Acceptable security includes FDlCIFSLlC insurance and the market value of securities purchased and pledged to the political subdivision. Pursuant to HUD restrictions, obligations of the United States are allowed as security for deposits. Obligations furnished as security must be held by the Authority or with an unaffiliated bank or trust company for the account of the Authority. 2, Risk Disclosures a. Interest Rate Risk: As a means of limiting its exposure to fair value losses arising from rising interest rates, the Authority's investment policy limits the Authority's investment portfolio to maturities not to exceed two years at time of purchase, At September 30, 2005, the Authority's deposits and investments were not limited and all of which are either available on demand or have maturities of less than two years. b. Credit Risk: This is risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The Authority's investment policy is that none of its total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and instrumentalities and state and local government. At September 30, 2005, the Authority's investments were limited to $336,071. c. Custodial Credit Risk: This is the risk that in the event of the failure of the counterparty, the Authority will not be able to recover the value of its investments or collateral securities that are held by the counterparty. All of the Authority's investments in securities are held in the name of the Authority. The Authority's custodial agreement policy prohibits counterparties holding securities not in the Authority's name. The carrying amounts of the Authority's cash deposits were $1,803,218 at September 30, 2005. Bank balances before reconciling items were $1,909,549 at that date, the total amount of which was collateralized or insured with securities held by an unaffiliated banking institution in the Authority's name. 17 16f1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) C - Accounts Receivable: Dwelling rents (net of allowance for doubtful accounts of $17,080) $ 5.862 D - Due from Other Governments: Rural Rental Assistance - September 30, 2005 allocation Other public housing authorities - portability County of Collier, Florida $ 49,417 11,900 43,600 $ 104.917 E - Prepaid Expense: Prepaid insurance Prepaid conference travel $ 115,400 1.900 $117.300 F- Land, Buildings and Equipment: Balance Balance September 30, September 30, 2004 Additions Deletions Transfers 2005 Nondepreciable: Land $ 2,222,484 $ 74,046 $ $ 115,000 $ 2,411,530 Infrastructure 2,843,228 644,857 3,488,085 Depreciable: Buildings 20,926,656 106,399 4,047,135 25,080,190 Equipment - Dwelling 15,030 15,030 Construction in Progress 5,086,297 18,400 ( 5, I 04,697) Equipment - Administration 1.600.276 79,190 48,498) 282,675 1.913,643 Total 32,678,94\ 278,035 ( 48,498) 32,908,478 Accumulated Depreciation (14.261.8\2) (988.477) 48.498 ( \5,201.791) Capital assets, net $ 18,417.129 Sf 7\ 0.442) $ $ $ 17.706.687 G - Compensated Absences Payable: The cost of current leave privileges computed in accordance with GASB Statement No. 16, "Compensated Absences ", is recognized as a current year expenditure in the period in which it is earned, in accordance with U.S. generally accepted accounting principles. At September 30, 2005 total leave to be paid upon termination is $26,818 (Current portion $13,525 and Long-term portion $13,293). 18 1 h , 1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) H - Other Accrued Liabilities: Accrued pension liability $ 20.343 I - Due to Other Governments: U.S. Department of Housing and Urban Development (HUD) $ 243.396 J - Deferred Revenue: Tenant and prepaid rents Local Foundation Grant (FY 2005 revenue) $ 30,795 6.557 $ 37.352 K - Long-Term Debt - Line of Credit: The outstanding balance of Notes at September 30, 2005, was $500,000. Interest and principal shall be paid as follows: (a) Annual principal payments of $20,000 each plus accrued interest shall be payable in arrears on the 28th day of November 2005, and on the 28th day in the month of November in each subsequent year of the loan ternl; (b) The entire principal balance hereot; together with all accrued and unpaid nterest and other charges hereunder, shall be payable in full on November 28, 2009 (the "Maturity Date"); (c) If the due date for any payment hereunder would fall on a day that is not a business day (i.e., a day that is a Saturday, Sunday or banking holiday), then the payment shall instead be due on the next succeeding business day; and (d) Interest shall cease to accrue on any amount of principal paid in advance of its due date. Interest Rate - The unpaid principal balance of the Note, shall bear interest, while current, at the Applicable Interest Rate. As used in this Note, the term "Applicable Interest Rate" means: Since the interest paid in connection with this Loan is exempt from income taxation by the United States of America and by the State of Florida, the Applicable Interest Rate shall be an annual rate of interest equal to one percent (I %) less than the "highest prime rate" of interest published in the Wall Street Journal, but not less than three percent (3%) per annum. 19 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1611 . NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) K - Long-Term Debt - Line of Credit: (Continued) The outstanding balance of Notes Payable at September 30, 2005 was $500,000. The notes are payable each year in the amounts and at the interest rate listed below: Sevtember 30, 2006 2007 2008 2009 2010 2011-2015 2016-2020 2021-2025 2026-2030 Amount $ 20,000 20,000 20,000 20,000 20,000 100,000 100,000 100,000 100,000 500,000 Less Current Portion 20,000 $ 480.000 Interest expense for the year ended September 30, 2005 was $-0-. There was no capitalized interest expense for the year ended September 30, 2005. The debt is secured by the property purchased in conjunction with the above financing as reported above, 20 16 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida -' NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) L - Long Term Debt: Revenue Bonds Payable: Capital facilities are financed by debt which is guaranteed and subsidized by U. S. Department of Agriculture, Rural Housing Services (RHS). The Authority presently has bonds payable on its fann laborer housing projects which are due annually in installments of varying principal and interest amounts. Revenue bonds payable at September 30, 2005, are as follows: Collier County Housing Authority Revenue Bonds, Series B, 1 %, due annually on Scptember I in principal amounts of$31,000 to $37,000 with interest to September I, 20 I 0 $ 182,000 Collier County Housing Authority Revenue Bonds, Series C. I %, due annually on September 1 in principal amounts of $54,000 to $68,000 with interest to September 1,2014 581,000 Collier County Housing Authority Revenue Bonds, Series D, I %, due annually on September I in principal amounts of$24,380 to $33,000 with interest to September 1,2023 540,000 Collier County Housing Authority Revenue Bonds, Series E, I %, due annually on September I in principal amounts $27,000 to $36,000 with interest to September I, 2031 833,000 Collier County Housing Authority Revenue Bonds, Series F, 1%, due annually on September I in principal amounts of $39,072 to $52,000 with interest to September 1, 2032 1.256.000 Total long-term debt $ 3.392.000 The revenues of the project are pledged to the payment of principal and interest on the revenue bonds. The bonds are redeemable before maturity, at the option of the Authority, in inverse numerical and maturity order, on any interest payment date upon giving 40 days written notice to Rural Housing Services. 21 16 , 1 '-.~ COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) L - Long Term Debt: (Continued) Maturities of long-term debt for each of the five succeeding years and in the aggregate are as follows at September 30, 2005: Fiscal Year Ending September 30, 2006 2007 2008 2009 2010 2011-2015 2016-2020 2021 $ 218,000 218,000 218,000 218,000 218,000 1,090,000 1,090,000 122.000 3,392,000 Less current portion 218,000 $ 3.174.000 Sinking Fund Debt Service Account Under the terms of the revenue bonds, a sinking fund has been established to provide debt service funding. After operation and maintenance requirements are met, the Authority transfers to the sinking fund debt service account such amounts as may be due of interest and principal on the bonds. The amount required to be transferred during the year ended September 30, 2005 in order to meet debt service requirements was $259,350 which was accomplished. The cash balance in the sinking fund debt service account at September 30, 2005 was $27,190, which was $5,710 more than the required balance of $21,480. The Authority was in compliance with this requirement during the year ended September 30, 2005. Sinking Fund Reserve Account Immediately after each transfer to the sinking fund debt service account, any excess funds are deposited in the sinking fund reserve account. Funds in the reserve account are only withdrawn upon written prior approval of Rural Housing Services: The Authority is required to make monthly reserve deposits in the amount of $24,375 plus the amount of any deficiency in prior deposits to the reserve account until funds and investments in the reserve account shall equal $2,514,900, The aggregate deposits to the reserve account for the year ended September 30, 2005 were $309,590, which was equal to the required annual aggregate deposits. 22 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 16 f 1 NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) L - Long Term Debt: (Continued) Sinking Fund Reserve Account (Continued) Withdrawals from the sinking fund reserve account are authorized for the following purposes: a) To meet principal and interest payments due on the bonds in the event the sinking fund debt service account balance is not sufficient for that purpose. b) To pay costs of extraordinary repairs or replacements to the project which is not considered current expenses. c) To make improvements or extensions to the project. d) For other purposes desired by the Authority which will promote it's purpose without jeopardizing the collectability of the bonds or underlying security. e) To the extent the reserve account exceeds $2,514,900, to purchase bonds before maturity in the prescribed manner. Supplemental Information: (Schedule of Funding Reserve) a, Investment Reserve Fnnds Sinking Fund Debt Service Account (principal and Interest) Beginning balance Transfers to Debt Service Account including interest earned Withdrawals for payment of principal and interest $ 32,518 252,8 I 2 ( 258,140) Ending balance 27,190 Sinking Fnnd Reserve Acconnt Beginning balance - less transfers to operations Transfers to reserves including interest earned Withdrawal for approved received expenditures 1,504,555 267,067 ( 251.000) Ending balance 1,520,622 Total Investment Reserve Funds $ 1.547.1112 Fully Funded Balance per Loan Agreements $ 2.514.900 Deficiency of Reserve on Hand Sf 941.187) b. Compliance with Bond Indentures Reqnirements: The Collier County Housing Authority, Farm Worker Village, has met and exceeded the bond indenture and reserve requirements outlined in this report, as reported in this note, when considering approved withdrawals from Rural Development for long-term improvements. All interest earnings on invested funds are deposited monthly by the Bank directly into the Housing Authority's cash account and transferred to the reserve account. 23 16 , 1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) L - Long Term Debt: (Continued) Construction Fund The construction fund is used to account for grant and loan funds received from Rural Housing Services and other sources and to record construction activities. During the year ended September 30, 2005, expenditures from the Construction Fund for authorized construction activity aggregated $18,400 which was within the amount authorized for the related approved withdrawals. In the Rural Housing Services enterprise fund, reservations of unrestricted net assets have been established in conjunction with debt issuance requirements or policy directives as stipulated by the respective aforementioned funds. M - State Housing Initiatives Partnership (SHIP Program) Loan: The outstanding balance of the SHIP Loan Payable at September 30, 2005 was $228,000. The loan is payable each year in the amounts and at the interest rate listed below: September 30, 2006 2007 2008 2009 2010 2011-2015 2016-2020 2012-2024 Interest Rate 0% 0% 0% 0% 0% 0% 0% 0% $ 228.000 Interest expense for the year ended September 30, 2005 was $0. There was no capitalized interest expense for the year ended September 30, 2005. Interest: Interest on this Note shall be zero percent (0%) per annum; except that if the Authority fails to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until the Authority pays it in full. Payments: Principal payments shall be deferred for a period of three years from date disbursed with seventeen equal yearly payments of $13,412 due beginning on September I, 2007 and continuing for seventeen years thereafter until payment in full of $228,000 is received on August I, 2024. The Authority's total payment shall be U.S. $228,000. 24 . il~,:~~ -.. " COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) N - Schedule of Changes in Long-Term Liabilities: SeDtember 30. 2004 Current Long-Term Portion Portion 4,256 SeDtember 30. 2005 Current Long-Term Payments Portion Portion $ 222,000 $ 238,000 $ 3,882,000 13,525 13.293 $ 222.000 $ 251.525 $ 3.895.293 Additions Notes and Bonds Payable $ 718,000 $ 3,624,000 Compensated Absences 22.562 $ $ 740.562 $ 3.624.000 $ 4,256 o - Annual Contributions by HUD: Annual Contributions A-3402 Annual Contributions Contracts A3402- V for Section 8 programs provide for housing assistance payments to private owners of residential units on behalf of eligible low or very low existing and moderately rehabilitated housing covering the difference between the maximum rental on a dwelling unit, and the amount of rent contribution by a participating family and related administrative expense. The Authority is also eligible to receive reimbursement for preliminary expenses prior to lease up. HUD contributions for the year ended September 30, 2005 were as follows: Housing Choice Vouchers Tenant Based Rental Assistance Vouchers $ 2,968,777 134,688 $ 3.103.465 P - Pension Plan: Plan Description The Collier County Housing Authority's Defined Benefit Pension Plan and Trust is a single-employer retirement plan overseen by an outside fiduciary covering all eligible employees. The Plan is administered by United States Pension Services, Inc. It was established in 1988 by resolution and became effective October I, 1987. There were no amendments to the Plan during the year ended September 30, 2005. All full-time employees who have attained age 18 are eligible to participate in the Plan provided they have completed one (I) year of service. Eligibility for retirement is attained at age 64 or the 10th anniversary of joining the Plan whichever is later. Vesting at 100% requires four (4) years of credited service with vesting beginning at 33% at two years of credited service and increasing 33% per year. Employees who retire at or after age 65 with 10 years of credited services are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 30% of the average salary during their last five years of employment, for each year of credited service up to 10 years, and 30% for each year over 10 years for at least 30 years of service. The Plan also provides death and disability benefits and life insurance equal to 50 times the monthly retirement benefit. 25 16 , 1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) P - Pension Plan: (Continued) These benefit provisions and all other requirements are established by Florida Statute and the Employee Retirement Income Security Act of 1974, commonly called "ERISA". As of September 30,2005, the Plan included 32 participants and a total annual covered compensation of $1,033,061. The total Authority payroll as of September 30, 2005 was $1,120,336. Membership in the Plan is comprised of the following: Active employees Terminated vested participants 32 17 All contributions are made by the Authority. Employee contributions are not permitted. Contributions to the Plan to be made during fiscal year ended September 30, 2005 were actuarially computed using the Frozen Initial Liability Cost Method. Fnnding Statns and Progress The amount shown below as the "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increase and step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is indented to help users assess the funding status of the Plan on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits, and is independent of the funding method used to determine contributions to the Plan. The pension benefit obligation was computed as part of the actuarial valuation performed October I, 2002. Significant actuarial assumptions used in the valuation include the following: a. Life expectancy is calculated using the 83 GAM with 0 years adjustment Mortality Table. b. Annual rate of return on the investments of present and future assets of 7%. c. Annual projected salary increases of 5% d. Retirement age of 65. ActuarialIy Determined Contribution Requirements and Contribution Made The Plan's funding policy provides for actuarially determined periodic contributions at rates that, for individual employees, increase gradually over time so that sufficient assets will be available to pay benefits when due. The contribution rate for normal cost is based upon the level percentage of payroll method. The Plan uses the frozen initial liability method to amortize the unfunded frozen initial liability over 12 years. The significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation described above, except interest earning is assumed at 7%. The contribution to the Plan for September 30, 2005 of $125,903 (12% of current covered payroll) was accrued in accordance with actuarially determined requirements computed through an actuarial valuation performed as of October I, 2003. The contribution consisted of the following: a) Normal cost (9.43% of current covered payroll) b) Amortization of unfunded frozen initial liability and interest $102,883 23.020 Total current contribution $125.903 26 c{\ f \ " 11 (;-" COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) P - Pension Plan: (Continued) Trend Information Trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. Historical trend information on the Plan is being accumulated as follows: Net assets available for benefits 2004 2003 2002 $ 506,850 $ 762,952 $ 1,111,621 649,008 716,496 893,438 100.0% 100.0% 100.0% 1,033,061 742,750 735,629 0.0% 0.0% 0.0% 12% 12% 12% Pension benefit obligation Percentage funded Annual covered payroll Unfunded pension benefit obligation as a Percentage of annual covered payroll Employer contributions as a percentage of annual covered payroll All employer contributions were made in accordance with actuarially determined requirements, Q - Economic Dependency: The Authority receives approximately 70% of its revenues from the U. S. Department of Agriculture and the U. S. Department of Housing and Urban Development (HUD). If the amount of revenues received from these Federal Agencies falls below critical levels, the Authority's operating reserves could be adversely affectcd. R - Contingencies: The Authority is subject to possible examinations made by Federal and State authorities who determine compliance with terms, conditions, laws and regulations governing other grants given to the Authority in the current and prior years. There were no such examinations for the year ended September 30, 2005. S - Litigation: As of September 30, 2005, the Authority was involved with various litigations arising from operation of its low-rent housing program. In the opinion of the Authority's legal council, such losses, if any, resulting from litigation would be adequately covered by insurance. T - Leasing Activities (as Lessor): The Authority is the lessor of dwelling units mainly to low-income residents. The rents under the leases are determined generally by the resident's income as adjusted for eligible deductions regulated by HUD, although the resident may opt for a flat rent. Leases may be cancelled by the lessee at any time. The Authority may cancel the lease only for cause. Revenues associated with these leases are recorded in the basic financial statements and schedules as "Rental Revenue". Rental Revenue per dwelling unit generally remains consistent from year to year, but is affected by general economic conditions which impact personal income and local job availability. 27 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1(.,11 . NOTES TO BASIC FINANCIAL STATEMENTS SEPTEMBER 30, 2005 (Continued) U _ Interprogram Transfer: The Authority will make cash transfers between its various programs as outlined in the Federal Regulations and authorized and approved by the Authority's Board of Commissioners. There were no transfers during fiscal year ended September 30, 2005. v _ Operating Leases: The Authority is committed under a non-cancelable lease for office space. This lease has been accounted for as operating leases in the accompanying basic financial statements. The office lease is not subject to an annual escalation clause. Future minimum lease payments required under these leases are as follows: Seotember 30, 2006 2007 Office Soace $ 22,800 13,300 $ 36.100 Rental expense for the year ended September 30, 2005 was $22,800. The office lease is for a remaining tenn of two (2) years. W - Schedule of Changes in Net Assets: Balance - beginning of year Adjustments to restate beginning balance" Adjusted balance- beginning of year Decrease in unrestricted Net assets Change in restricted net assets Change in investment in capital assets Investment in Capital Assets - Net of Related Debt $ 14,075,122 Restricted Net Assets $ 1,537,073 Unrestricted Net Assets $ 264,965 Total $ 15,877,160 65.390) ( 65.390) 14,075,122 1,537,073 199,575 15,811,770 604,552) ( 604,552) 10,739 ( 10,739) ( 761.367) _--.12 1.3 6 7 Balance - end of year $ 13313.755 $ 1.547.812 $ 345.651 $ 15.207.218 · Adjnstments to restate beginning balance HUD annual settlement for Section 8 Program Prior year correction of lease deposit Prior year audit adjustments not made by the Authority $ 2,876 ( 886) ( 67,380) $( 65.390) Net adjustments to restate beginning balance 28 '116J1. . SUPPLEMENTAL INFORMATION ~ ii! o = to <: <.l -ll z'i: Vi . ",I:: o If = ] ~ . ~ ~ o u el ::; -' o u ~ '" ~ ... 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"" - "'I - -- ~! ! :!li I ~I ~I " I I, J ~I ~jl , ~I! ~I ~I ~i I , ~I "'! ~! ",II '" "I 001' ~ ~I ~I '" 6i ="1 ",I ~ f{! =~ r--~ \C I I:-- e :;:1 ~ ~I :1 . ~ll ~I ~~, :Ii 111 II Jj ~I "', oo "'- on "'~'.' -, NI :;;:~ :li ",' o 01 " ~ ~ .. ..... e .. c ';; c 'to .Q , :l ~ ~ ~ ~ ~ ~ C ." .!: ~ e :0 <( " ~ ~ .. ..... e ." c ~ ~ ~ . ~ . ~ . Z COLLIER COUNTY HOUSING AUTHORITY 16 , 1 . Immokalee, Florida STATEMENT AND RECONCILIATION OF ACTUAL HUD RURAL HOUSING DEVELOPMENT COSTS AND ADVANCES FOR THE YEAR ENDED SEPTEMBER 30, 2005 PROJECT NUMBER BUDGET RHOOFL-S-0148 $ 180,5QO ADVANCES: Cash receipts - prior years Cash receipts - current year Cumulative as of September 30, 2005 $ 141,252 34,146 $ 175,398 COSTS: Prior years Current year Cumulative as of September 30, 2005 $ 175,398 $ 175,~1l Deficiency of advances due from HUD $ Soft costs Prior years Current year Cumulative as of September 30, 2005 $ $ Hard costs Prior years Current year Cumulative as of September 30, 2005 $ 175,398 $ 115-,198 Cumulative hard and soft costs ~____115,398_ 32 16 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida I ., il :c.~ ~ STATEMENT AND RECONCILIATION OF FAMILY LITERACY COSTS AND ADVANCES FOR THE YEAR ENDED SEPTEMBER 30, 2005 PROGRAM BUDGET Governor's Family _!-iteracy . $ . 25,45Q. ADVANCES Cash receipts - prior years Cash receipts - current year Cumulative as of September 30, 2005 $ 26,358 --'-------,--,- ~_ __-.l6,358_ ----,-----~--,- COSTS Prior years Current year Cumulative as of September 30, 2005 $ 25,450 ------- $___ 25,45.lJ. -----,--------,,----- Excess of advances due toHUD $ 908 ----._-,---- Soft costs Prior years Current year Cumulative as of September 30, 2005 $ .25,452_ L_}5.,45Q Hard costs Prior years Current year Cumulative as of September 30, 2005 $ $ ~------ -- --,-------,- Cumulative hard and soft costs Family __!-iter.a.!L $=__1 ~~.9~Q~ $ 101,856 ---..---------- .5I~.101,856. $ . . _-.l01~~ t=lllk8~6o $ $ 101,856 -'- -------- $ ... -.!Ol,85~ ----.---- $ $ Total !~_:J30,450 . $ 128,214, ~__ 128,21'!.. $ ____127,306 .5I~l1Z,3Q6.. $ 908 ---,'---- $ 127,306 $ 127306 _____J::~_::.= $ 1...==== $ _ = 25i'50= t~1.Q!~856 $ 33 127,306 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 16 , 1 STATEMENT OF REVENUES AND EXPENDITURES COMPARED TO BUDGET (PROPRIETARY FUND TYPE) RURAL HOUSING SERVICES SUBSIDIZED HOUSING ONLY FOR THE YEAR ENDED SEPTEMBER 30, 2005 . REVENUES: Rent - housing units Rent - other Income invested funds Other operating revenues BUDGET ACTUAL VARIANCE - -- -_.~------ --,----,.,-'-----'--- $ 2,488,806 $ 2,448,780 $ (40,026) 50,120 28,692 (21,428) 30,600 29,724 (876) __146,.100 154,623 8,523 _ 2,71~ij_2~ 2,661,819 -<5~~07) TOTAL REVENUES OPERATING EXPENSES: Administrative Salaries Employee benefits Contract services Insurance Other Total Administrative Maintenance Salaries Contracts Materials and supplies Total Maintenance Security Security contract Other Total Security Utilities 494,219 307,600 44,000 376,300 _----.26,400_ _ 1~298,519 431,848 32,400 . .l()5-,-OOO ....669,24.8 - 90,854 ~,~o.O 99-,~,! 98,000 --------,-,-',,--'-- TOTAL EXPENSES EXPENDITURES: Debt service Sinking fund reserve transfers Capital outlay 2,I65~02!. 258,130 292,475 TOTAL EXPENDITURES~5~,605 TOTAL EXPENDITURES AND EXPENSES__2,715,626 EXCESS REVENUE OVER EXPENDITURES L____. 34 483,793 282,740 56,712 280,701 __79,202 ..!J83,148 340,994 21,376 256,118 618,488 ----- 89,288 6,649 ------- __1)5,93Z ___1~1,Z5~ 1,99~,~28 258,140 292,776 7,121 ----- 558,037 "'....--.----- ___ 2,557,365 -,------- ----,~ $ __ lQM54 10,426 24,860 (12,712) 95,599 u-.--i~&02) 115,371 90,854 11,024 _0.1,U8) 50,760 1,566 1,751 _____ 3,~1}_ __ _-<1755) 165,693 -- -,--------_. (10) (301) _ (7,1~1) __ __J7,432) 158,261 ---- $ IJlJ,_454_ 1 h , 1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida SCHEDULE OF AUDIT ADJUSTMENTS - FARM LABOR PROGRAM SEPTEMBER 30, 2005 Account Number Descrintion Dr. Cr. -_._-,._-~~- (1) NA Security deposit fund 26,750 NA Cash - general fund 26,7 50 To restrict additional cash to cover security deposit liability. (This entry should NOT be made by the PHA). (2) 290010 Accumulated deficit 3,212 290010/5610 Accumulated deficit/interest expense 385 2132 Accrued interest payable 2,827 To correct for accrual of interest expense at September 30, 2005. (This entry should be made by the PHA). (3) NA Accrued compensated absences 13,293 NA Compensated absences - Long-term 13,293 To classify certain compensated absences to Long-term status. (This entry should NOT be made by the PHA). (4) 4190.13 Governors Family Initiative 908 2122 Due to other governments 908 To reclass excess program advances as payable to grantor. (This entry should be made by the PHA). 35 Account Number 2118 2810 2826 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 16 I 1 SCHEDULE OF AUDIT ADJUSTMENTS - SECTION 8 VOUCHERS SEPTEMBER 30, 2005 Description Dr. (1) Accounts payable - HUD Unreserved surplus Operating reserve 8,194 To correct surplus accounts per HUD annual settlement on Form 52681 for year ended September 30, 2005. (This entry should be made by the PHA). 37 . Cr. 5,297 2,897 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1 '. r'1 "" .~ o FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL I"'FO&'VlA nON SEPTEMBER 30, 2005 The following is supplemental information requested by the U.S. Department of Agriculture - Rural Housing Services (formerly Farmers Home Administration). 1. Schedule ofInsurance Coverages At September 30, 2005, the Housing Authority had the following insurance coverage in effect: Insurance Carrier Tvpe of Coveral!e ITT Hartford Insurance Company Fidelity bond/Employee Dishonesty $100,000 deductible Florida League of Cities Workers' compensation Florida League of Cities Automobile liability Florida League of Cities Property, Office Building & Personal Property Fire and extended coverage (90% coinsurance) Florida League of Cities General liability Personal injury, products, advertising Property damage National Union Directors and officers liability Security Bond Associates, Inc. Employee dishonesty ITT Hartford Insurance Company Employee dishonesty (ERISA Bond) 2. Exemption from Real Estate and Income Taxes - The Authority is a public body corporate and politic pursuant to Chapter 421, Laws of the State of Florida which is subsidized by the Federal Government. The Authority is not subject to Federal, State income taxes, or Local property taxes, nor is it required to file Federal and State income tax returns as a public body corporate and politic pursuant to Chapter 423, Laws of the State of Florida. 3. Reserves - The Housing Authority has maintained adequate reserves for operations and Bond debt service at September 30,2005. See also Note B to basic financial statements. 38 Amount of Coveral!e Term $ 2,000,000 07/12/05 - 07/12/06 Statutory 10/01/05 - 10/01/06 $ 500,000 10/01/05 - I % I /06 $ 28,784,160 10/01/05 - 10/01/06 $ 500,000 $ 300,000 $ 1,000,000 10/01/05 - 10/01/06 05/08/05 - 05/08/06 $ 100,000 07/12/05 - 07/12/06 $ 100,000 07/11/05 - 07111/06 16 , 1 . 39 " ~ ~ ....,'"""" '1 " I." /lI COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2005 (Continued) 4. Accounting Records and Fixed Asset Control - The accounting records maintained are adequate to facilitate budgetary reporting and analytical purposes. The fixed assets are also adequately safeguarded by the Authority personnel. 5. Financial Reports - The financial reports included in this audit are in agreement with the accounting records of the Authority after audit adjustments have been made. 6. Deposit Funds - We noted that deposit funds are adequately insured by the FDIC and properly collateralized and are at or exceed the required reserve levels required under the Loan and Grant Agreement as of September 30,2005. 7. Comments on Compliance and Administrative Internal Control - We have audited the basic financial statements of the Collier County Housing Authority - Farm Worker Subsidized Housing Program for the year ended September 30, 2005, and has issued our report thereon December 16, 2005. Based on our tests of transactions and examination of records as required by the Audit Guide, we believe that Collier County Housing Authority - Farm Worker Subsidized Housing Program has complied with the financial terms and conditions of the contract with the regulations, policies and procedures prescribed by the U.S. Department of Agriculture, Rural Housing Services (formerly Farmers Home Administration), loan agreement, and the financial regulations and procedures prescribed by management and those of its governing board. As a part of our audit, we reviewed and tested the Authority's system of internal control to the extent we considered it necessary to evaluate the system as required by generally accepted auditing standards. Under these standards, the purposes of such evaluations are to establish a basis of reliance on the system of internal accounting control in determining the nature, timing and extent of other auditing procedures that are necessary for expressing an opinion on the basic financial statements and to assist the auditor in planning and performing the audit of the basic financial statements. Additionally, our audit included procedures necessary in our Judgment to determine compliance with contractual terms and conditions and regulations, policies and procedures prescribed by the Rural Housing Services (formerly Farmers Home Administration) and by management and the governing board of the Authority. The objective of internal accounting control is to provide reasonable, but not absolute, assurance as to the safeguarding of assets against loss from unauthorized use or disposition, and the reliability of financial records for preparing basic financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that the cost of a system of internal accounting control should not exceed the benefits derived and also recognizes that the evaluation of these factors necessarily requires estimates and judgments by management. 40 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 16 , 1 . FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMA nON SEPTEMBER 30, 2005 (Continued) 7. Comments on Compliance and Administrative Internal Control (Continned) There are inherent limitations that should be recognized in considering the potential effectiveness of any system of internal accounting control. In the performance of most control procedures, errors can result from misunderstanding of instructions, mistakes of judgment, carelessness, or other personal factors. Control procedures whose effectiveness depends upon segregation of duties can be circumvented by collusion. Similarly, control procedures can be circumvented intentionally by management with respect to the estimates and judgments required in the preparation of basic financial statements. Further, projection of any evaluation of internal accounting control to future periods is subject to the risk that the procedures may become inadequate because of changes in conditions, and that the degree of compliance with the procedures may deteriorate. Our audit of the basic financial statements made in accordance with generally accepted auditing standards, including the study and evaluation of the Authority's system of internal control for the period ended September 30, 2005, that was made for the purposes set forth in the first paragraph of this report, would not necessarily disclose all weaknesses in the system because it was based on selective tests of accounting records and related data. However, such study and evaluation disclosed no conditions that we believe to be material weaknesses or evidence of noncompliance. These conditions were considered in determining the nature, timing, and extent of audit tests to be applied to our audit of the basic financial statements and this report of such conditions does not modify our report dated December 16, 2005 on such basic financial statements. 8. Other Findings or Recommendations For the Period Ended September 30, 2005 - There were no other reportable findings other than as outlined above within the Supplemental Information part of this report. 9, The Required Schedule of Expenditures of Federal Awards along with required reports on Internal Controls and Federal Compliance as outlined under Office of Management and Budget (OMB) Circular A-133 were issued to the Authority as one report, as mandated by the Amended Single Audit Act of 1996 Amendment (Public Law 104-156). 10. Acconnts Receivable-Tenants - Tenants accounts receivable at September 30, 2005 totaling $5,862, were accounts aged at thirty days (30) or less. 11. Accounts Payable consist of $33,282 at September 30, 2005. This balance which is payable to reoccurring vendors is for services or purchases of thirty days (30) or less. 12. Management Fees - The Collier County Housing Authority is the owner of the Farm Worker Subsidized Housing Program, and does not charge any management fees to administer this project. 41 ACCOUNT BALANCE $ 4,372 481 39,445 221,223 1,492 119,889 100 400,000 7,883 29,903 124 10,523 835.435 20,162 27,190 309,590 356.942 320,733 54,326 384 198,575 574.018 1 h '1 . CLASSIFICATION Cash- Umestricted Fund Cash- Unrestricted Fund Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Restricted Fund Cash-Reserve Fund - Restricted Investments-Reserve Fund - Restricted Investments-Reserve Fund Cash - Unrestricted Cash - Restricted Cash - Unrestricted Fund Cash-Umestricted Fund Cash-Reserve Fund - Restricted Cash-Reserve Fund - Restricted Cash-Unrestricted Cash-Unrestricted Fund Cash-Unrestricted Fund Cash-Reserve Fund 43 1 6 it ] .~ J ',l !i j\ ~ COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEMENTAL INFORMATION SEPTEMBER 30, 2005 (Continued) 13. Schedule of Finaucial Iustitutions Where the Housing Authority Maintains its Bank Accounts (Continued) NAME OF FINANCIAL INSTITUTION ACCOUNT NAME Independent Bankers' Bank of Florida Bond P.O. Box 4998 Orlando, Florida 32802-4998 Pinellas County Sewer Revenue Pinellas County Sewer Revenue Lee County Florida School Board Nassau County Florida Water and Sewer System Florida State Educational System Miami Dade County Florida Solid Waste System Palm Beach Florida Waste System Brevard County Florida Tax Reform For! Pierce Florida Sewer Revenue TOTAL 14. Schedule and Computation of Current Return to Owners Allowed - Not applicable, because the Authority, is a legal public Authority and not a private enterprise. 15. Schedule of Changes in Owners and Board of Commissioners - This is a local Public Authority and can never change its owners. The following is a list of the current Board of Commissioners. Commissioner Floyd Z. Crews Gertrude Townsend Robert Newsome Maria C. Adame Lillian Flores Expiration of Term November 7,2005 November 4, 2005 November 7, 2006 October 27, 2005 November 6, 2006 Address Immokalee, Florida Immokalee, Florida Naples, Florida Immokalee, Florida Immokalee, Florida 44 ACCOUNT BALANCE 25,000 25,000 35,000 65,000 10,000 25,000 50,000 75,000 25,000 335.000 $ 2.101.395 CLASSIFICATION Investments - Reserve Fund - Restricted Investments - Reserve Fund - Restricted Investments - Reserve Fund - Restricted Investments - Reserve Fund - Restricted Investments - Reserve Fund - Restricted Investments - Reserve Fund - Restricted Investments - Reserve Fund - Restricted Investment - Reserve Fund - Restricted Investment - Reserve Fund - Restricted The above amounts were confirmed with the institution listed at September 30, 2005 45 1 h , 1 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 1 ",1 ... ~ i f" ,. " Q ) , FARM WORKER SUBSIDIZED HOUSING PROGRAM SUPPLEME:-IT AL INFORMA nON SEPTEMBER 30, 2005 (Continued) 16. Schedule of Rental Information Unit Size One bedroom unit Two bedroom unit Three bedroom unit Four bedroom unit Number Of Units 66 252 187 136 Rental Rate $ 290 317 341 364 Months 12 12 12 12 Gross Potential Rent $ 229,680 958,608 765,324 594,048 Total Number Of Units Ml $ 2,547.660 Percental!e Amount Actual Rental Revenue Tenants RHS rental assistance subsidy 77.80% 23.25% $1,859,978 588,802 101.05% 2,448,780 Vacancy Losses 1.05% 98,880 Total Gross Potential Rent 100,00% $ 2.547.660 Note I - Rental rates were effective October 1, 2004. Management provides for the weekly collection of rent. Delinquent accounts receivable, if any, do not exceed 30 days in most instances. 17. Real Estate Taxes - The Housing Authority is a local public body corporate and politic and is tax exempt by State of Florida, Section 423. 46 1 h 11 . COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida FAR,'\f WORKER SUBSIDIZED HOUSING PROGRAM RHS PROJECT NAME: COLLIER COUNTY HOUSING PROGRAM PROJECT NUMBER: 09-011-05914055 CERTlFICA TE OF BORROWER The information provided by the Collier County Housing Authority to Malcolm Johnson & Company, P.A., Certified Public Accountants, for the preparation of the September 30, 2005, annual audit to which this certification is attached, is hereby certified to be true and correct, and it is further certified that the handling of the reserve account, the operation and maintenance account, and rental receipts of the Collier County Housing Authority was in accordance with the USDA Rural Housing Services Regulations. o Done this .I21-of (Tb~005 47 1611 . SINGLE AUDIT SECTION 41~,PCR r'''''' \ COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED SEPTEMBER 30, 2005 SECTION I - SUMMARY OF AUDITORS' RESULTS Basic financial statements Type of auditors' report issued: Unqualified Internal control over financial reporting: Material weakness(es) identified? No Reportable condition(s) identified that are not considered to be material weaknesses? None reported Noncompliance material to basic financial statements noted? No Federal Awards Internal control over major programs: Material weakness(es) identified? No Reportable condition(s) identified that are not considered to be material weakness( es)? No Type of auditors' report issued on compliance for major programs: Unqualified Any audit findings disclosed that are required to be reported in accordance with section 51O(a) of Circular A-133? No Identification of major programs: CFDA Number 10.427 14.239 14.871 84.002 Name of Federal Program Rural Rental Assistance Payments Tenant Based Rental Assistance ~ HOME Program Housing Choice Vouchers Family Literacy Program Dollar threshold used to distinguish between type A and type B programs: $300,000 Auditee qualified as low-risk auditee? Yes 48 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED SEPTEMBER 30, 2005 (Continued) SECTION II - FINANCIAL STATEMENT FINDINGS There were no Financial Statement Findings. 1 A , 1 . SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS There were no Federal Award Findings and Questioned Costs. SECTION IV - SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS There were no Prior Audit Findings. 49 COLLIER COUNTY HOUSING AUTHORITY ~. ~ I f.._ J t~ ~1 .... "it o Immokalee, Florida SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED SEPTEMBER 30, 2005 FEDERAL GRANTOR PASS THRU ENTITY FEDERAL EXPENDITURES CFDA NUMBER PROGRAM TITLE U,S, Department of Housing and Urban Development: 14.871 Housing Choice Vouchers 14.239 Tenant Based Rental Assistance - HOME Program NA $ Collier County, Florida 2,968,777 134,688 ------,--- 3,103,465 Rural Housiug Services, U,S,Department of Agriculture: 10.405 Rural Development Loans and Grants - (Rural Development Capital Projects Program) 10.427 Rural Rental Assistance Payments Florida Department of Community Affairs NA 18,401 ____ 595,651. 614,052 ___ ____n'_____ Office of Vocatiou aud Adult Education, U,S, Department of Education: 84.002 Family Literacy Program Total Federal Awards Expenditures NA 101,856 ---,_.._---- --,--,---_..- $ nM19,373 Notes to the Schedule of Expenditures of Federal Awards A. Basis of Accounting: This schedule is prepared on the accrual basis of accounting. B, The information in this schedule is presented in accordance with the requirements of OMB Circular A-133, "Audits of States, Local Governments and Non.Profit Organizations". C. Other considerations iu determining major and non-major program requirements, The Authority is administering 641 units of housing under the u.s. Department of Agriculture's Rural Housing Services. The financing for construction of this housing project was provided by this Agency for Farm Labor Housing Loans & Grants (Federal CFDA Number 10.405). At September 30, 2005, the balance of the long-term debt due to the U.S. Department of Agriculture's Rural Housing Services was $3,902,000. This loan balance has been considered as a part of the computation to determine the major and non major program requirements under OMB Circular A-133. 50 1 ~ , 1 . MALCOLM JOHNSON & COMPANY, P,A. CERTIFIED PUBLIC ACCOUNTANTS 210 N. HIGHWAY 17-92 P.O. BOX 530848 DEBARY, FLORIDA 32753-0848 Phone: (386) 668-6464; Fax: (386) 668-6463 REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF BASIC FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARlJS Board of Commissioners Collier County Housing Authority Immokalee, Florida HUD, Miami Area Office Office of Public Housing 909 S. E. First Avenue, Room 500 Miami, F]orida 3313] We have audited the basic financial statements of the Collier County Housing Authority ("the Authority") as of and for the year ended September 30,2005, and have issued our report thereon dated December 16, 2005. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Authority's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over [mancial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the basic financial statements being audited may occur and not be detected vvithin a timely period by employees in the nonnal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Authority's basic financial statements are free of material misstatement, we performed tests of its compliance with certain provision of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of basic financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the Authority's management, the U.S. Department ofHUD, and is not intended to be and should not be used by anyone other than these specified parties. ~lohnso~:On~:!~ Certified Public Accountants DeBary, Florida December 16, 2005 51 1"'1 MALCOLM JOHNSON & COMPANY, P.A, CERTIFIED PUBLIC ACCOUNTANTS 210 N. HIGHWA Y 17-92 P.O. BOX 530848 DEBARY, FLORIDA 32753-0848 Phone: (386) 668-6464; Fax: (386) 668-6463 REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-B3 Board of Commissioners Collier County Housing Authority Immokalee, Florida HUD, Miami Area Office Office of Public Housing 909 S. E. First Avenue, Room 500 Miami, Florida 33131 Compliance We have audited the compliance of the Collier County Housing Authority ("the Authority") with the types of compliance requirements described in the U. S. Office of Management and Budget (OM B) Circular A-i33 Compliance Supplement that are applicable to each of its major federal programs for the year ended September 30, 2005. Collier County Housing Authority's major federal programs are identified in the summary of auditor's results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the Authority's management. Our responsibility is to express an opinion on Collier County Housing Authority's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the Authority's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the Authority's compliance with those requirements. In our opinion, the Collier County Housing Authority complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended September 30, 2005. Internal Control Over Compliance The management of Collier County Housing Authority is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered the Authority's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on the internal control over cornphance in accordance with OMB Circular A-I33. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts, and grants caused by error or fraud that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the nonnal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the Authority's management, the U.S. Department of HUD, and is not intended to be and should not be used by anyone other than these specified parties. ~~hns:1=r~. Certifie Public Accountants DeBary, Florida December 16, 2005 52 1611 . From: Chris Ryser [mailto:oms_opticai@yahoo.com] Sent: Friday, January 13, 2006 1:53 PM To: Helpdesk Subject: Attention: Mr. Dwight E. Brock, Re: Riviera Golf Course rezoning Chris Ryser 209 Belle Isle Court Riviera Golf Estates Naples 34122 Tel: 239-775-4524, Fax 239-775-4586 By E-Mail To: Each comm. Rec'd COpy Collier County Commissioners Attention: Donna Fiala, Frank Halas, Tom Henning, Fred Coyle, Jim Coletta, Also Mr. Dwight E. Brock, Clerk of the Circuit Court January 13, 2006 RE: Rezonin~ of Riviera Golf Course to Affordable Housin~ Having been informed by the president Kay Randazzo of the "Riviera Golf Estate" home owners association, that the owners of the Riviera Gold Course have contracted with a developer to construct "affordable housing" on the local golf course upon gaining approval for rezoning by the County Commissioners. Opposition to this project is being voiced by all residents of the Riviera Estates. 1) The Riviera Golf Estates is a 55 and over community, which in case of a rezoning would incorporate, encapsulate and spread over the whole area, have housing or apartments containing residents with families and children which is contrary to the covenants. 2) The golf course is flooding every time it rains and there is no proper drainage in its present condition. The land will have to raised in order to become a livable housing area. If no proper drainage system should be installed, the water will run off into the existing and developed properties and create flooding of these areas. 3) Through the rezoning of the golf course and construction of housing on the existing golf course, the real estate values of all the existing properties will drastically drop. All of the above mentioned 3 paragraphs will render personal harm to us the owners of property in the Riviera Golf Estates who would have to fall back onto legal action should the County Commission permit the re-zoning. Misc. Corres: Date dl/'I/O/., Item# I b.T d ])(.:;j Copies to: 1611 . Alternative Solution There is talk that the Hibiscus Golf Course is being converted to a private club, in which case there would be no more public golf course in East Naples allowing tourist's to the Naples area a golf game at affordable prices. The county could take over the golf course and maintain it as a by the public accessible course. Or the commission could force the present owner, by refusing the rezoning to continue the operation or sell it to somebody that will. Obviously the owners of the golf course are out to make money at the expense and irritation of the Riviera Golf Estate property owners when there are plenty other land parcels available in the area. I personally hope that you, the commissioners have the good sense, not to allow two different life styles in an established community within the county borders, and by doing so, convert a nicely designed corner of East Naples into a dense overbuild suburb, fitting a large city up north. With my best regards, Chris Ryser Chris Ryser OMS Optochemicals 97 Columbus Pointe Claire, Quebec, Canada http://optochemicals,com Tel 1+514-426-3055 Fax 1+514-426-1138 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP '\.' b Jl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oflice. The completed routing slip and original documents arc to be lonvardcd to the Board Office only after the Board has taken action on the Item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exec tion of the Chainnan's si ature, draw a line throu rautin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 2, PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, inCluding Sue Filson, need to contact staff for additional or missing infonnation. All original docwnents needing the BeC Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 3, 4. 5, Sue Filson, Executive Manager Board of County Commissioners Iv d--- Yes (Initial) N/A (Not A licable) 6, Minutes and Records Clerk of Court's Office f: Forms! County Forms! Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 C. bO\ifVJ1 dl'-{OL; (\6 ;;2 oOLt ~w. ~ Phone Number Agenda Item Number Number of Original Documents Attached . led+er I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman' s signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certa~n time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made dnring the meeting have been incorporated in the attached docnment. The Conntv Attorne 's Office has reviewed the chan es, if a licable. 2, 3, 4. 5. 6, Pl3oa;qj o/~~ ~ownty ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 14, 2006 Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For JAG 2006 application Ladies and Gentlemen: Pursuant to a U,S. Department of Justice, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application for JAG 2006 funding. SinCerelY~ ~>-~./ Frank Halas Chairman Collier County Commission Item# 10J.L Agenda f) -I <t -d.rJ Date cI- ~:~~d J - [(p -O~ , . - . ' , ......... ....,..;.,-", ATTEST,.,' ,'" ", ':~ DWlGHl'r..BROcK;C~K 11"~~;I'4il~;>{~tlD ,.1' J' ,OelMY01e. '.~ -. - ,. '~. At~,:a"~1lQ~~lrun' s .ttlltift'0Il1,. PlJ~ o/CVl~ CVl~ CVl~ 3301 EastTamiamiTraii' Naples, Florida 34112 - 4977 (239) 774-8097' Fax (239) 774.3802 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 February 14, 2006 Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For JAG 2006 application Ladies and Gentlemen: Pursuant to a V,S, Department of Justice, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application for JAG 2006 funding, Sincerely, Frank Halas Chairman Collier County Commission Allpl'O'llld as to '0 l!lPl cW't;.x~:;1. (1;"", ~ _.I - ! (1... '!.-PtJ,p ~tCowotr An.mwy ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP "i' I K 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original d{x:umenL Original documenLs ~hould he hand deliver..:d to the Hoard Office. The completed routing slip and llfiginal documents are to be forwarded to the Board Office only !!!kr the l3o:lrd has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's siPllature, draw a line throul!h routing lines #1 throUQh #4, coffiDlele the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. 2. 3. 4. 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original dq;:umcnt pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the Bee Chairman's signature art' to be delivered to the Bee ort1ce only after the Bee has actcd to approve the item.) Name of Primary Staff ell, \:: ., .(),,<\..\ \ (, Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number '-'-"(_1' Ie. ( \ \ lc \(2, I )-. Yes (Initial) N/A(Not A lie able ) \ ,c'.V) {L\ ,') ( ( I.. r\ (',1(\1 1\" n (I' (,) Number of Original Documents Attached I f 1"-., () (r\ 1), ( 1 .j (if I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC oftlce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on r )' It' If (enter date) and all changes made during the meeting have been incorporated in the attached document, The Count Attorne 's Office has reviewed the chan es, if a licable. 1\\ \ \(1 I: Forms! County Fonns/ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03,04. Revised] .26,()5, Revised 2.24.05 2. 3. 4. 5. 6. MEMORANDUM Date: February 15, 2006 To: Mike Pettit, Chief Asst. County Attorney Office of the County Attorney From: Heidi R, Rockhold, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Release Collier County Commissioners and Ajax Paving Industries, Inc. and/or Ajax Paving Industries, Inc. of Florida Enclosed please find four (4) originals of the document, as referenced above, (Agenda Item #16K3) approved by the Board of County Commissioners on Tuesday, February 14, 2006, Per your request, one original has been forwarded to the Official Records Department for recording, If you should have any questions, please contact me at 774-8411 Thank you, Enclosure 16K3 16K3 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made and entered into this ILj't'f'day of February, 2006 by and between the Board of County Commissioners of Collier County, Florida, (the "County") and Ajax Paving Industries, Inc. and/or Ajax Paving Industries, Inc. of Florida (hereinafter referred to as the "Contractor"). WITNESSETH WHEREAS, the Contractor was awarded the bid and entered into a contract with the County for a construction project to widen Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (hereinafter referred to as Contract No, 02-3424); and WHEREAS, disputes have arisen between the County and the Contractor under Contract No. 02-3424 concerning liquidated damages, requests for extension of time, and the acceptability of certain work; and WHEREAS, the Contractor contends among other things it is entitled to a time extension of at least thirty-nine (39) days and may be entitled to a time extension of as much as fifty-eight (58) days; and WHEREAS, the County contends among other things that the Contractor IS entitled to no additional time under the Contract; and WHEREAS, the County and the Contractor without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigating the issues that have arisen under Contract No. 02-3424 and now desire to fully and finally resolve any and all claims, known or unknown, that have been asserted or could have 1 oa ..... r.J ::a MZl:""'tl> ....... o-a to<:I <-t _::a ~ ___::a::-q -, ~o --.... =_0 ~ "".... -'" - '" o ... -,., ....0 '" - ~ o o ,., ,., =- ~"" _0 -,., ~o -- ~o g.......~ ~~-.J w.... co """g CJ""\ = ....-.> ~ ~ .....- ~~cr. _ "" :c: ;;: c:> ~ t:"':;c:1I _::0 .... C> _ "''''' o-a~ c....." ?" ~ \",0 co ~~ c.....,. o """" :-C~ ""d no ~~ G"l ~ oa .... -,., ,., ~nt'J g c:> ~ ..J::. :< c:> - 1,--' "" ,., 0_ -"" ~ -- "'- - - .-~ ~~ == <;:2 ..:0 16K3 been asserted by the Contractor or the County up to and through the date of this Agreement and Release that relate or refer in any way to Contract 02-3424 except as otherwise expressly stated in this Agreement and Release, including but not limited to all claims by the Contractor for time extensions or delay damages and all claims by the County for liquidated damages; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged by both the County and the Contractor, and with the intent to be legally bound, the County and the Contractor mutually agree to the following: I. The County and the Contractor agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses" by reference into this Agreement and Release. 2. The Contractor agrees: (a) To reimburse the County in the amount of $22,901.06 for c::> :::0 payments made by the County to John Carlo, Incorporated ("John <--> '-D 00 <..... Carlo") for emergency repairs to Pine Ridge Road in Collier "-.:l G"l County performed by John Carlo on or about August 5, 2005 and I'J c::> ",... ...~ to perform milling and resurfacing work satisfactory to County Transportation officials at the same site before or within five (5) business days after this Agreement and Release is approved by the Board of County Commissioners. (b) To reimburse the County in the amount of $32,714.06 for repairs and additional work performed on medians by Hannula 2 16K3 Landscaping, Inc. ("Hannula") the County's landscaping contractor, or Hannula's subcontractors. Specifically, these repairs and additional work included: $2,594.00 for a four inch and six inch sleeve that were not able to be located on Carica Road; $3,248.00 for four inch and six inch sleeves that were needed to bring water and electric sources to medians for new water source required because the Orange Blossom Drive irrigation sleeve was unusable; $2,196.00 for sleeves that either did not extend to the sidewalk or were full of gravel/sand and also to clear the existing five inch sleeve at Station 533+27 and extend the existing sleeve past the guardrail at Station 525.00; $17,870.00 for a new water source for the north side of Orange Blossom Drive plus the cost of a pump; $4,903.06 for a controller; $850.00 for a second watertap; and $1,053.00 due to the need to redesign irrigation plans. C> :::0 (c) To provide as-built drawings satisfactory to the County's eEl and c....> <..0 co c....> """ c;::. Project Manager and respond to any additional comments by the County's CEI in acceptable fashion before or within five (5) I'J c:::> ..,.. ...."" business days after the approval of this Settlement Agreement and Release by the Board of County Commissioners. (d) The Contractor agrees to use reasonable and good faith efforts to assist the County in obtaining compliance with the South Florida Water Management District permitting requirements or in obtaining an appropriate modification of any such permitting 3 (e) 16K3 requirements as such requirements relate to Retention Ponds A and B constructed under Contract No. 02-3424. The Contractor further agrees that it shall correct any and all deficiencies identified by South Florida Water Management District with respect to Ponds A and B that must be corrected in order to comply with permit requirements. Correction of any such identified or noted deficiencies shall occur within thirty (30) days of written notice to the Contractor, such notice to be provided in accordance with the notice terms of Contract No. 02-3424. The Contractor agrees that its obligation with respect to ensuring compliance with all permitting requirements for Ponds A and B shall be a continuing obligation until such time as notification satisfactory to the County is received from the South Florida Water Management District that Ponds A and B are deemed to be compliant with all permitting requirements. The Contractor agrees to provide a warranty for five (5) years running from April 18, 2005 on all Type S-III asphalt delivered under Contract No. 02-3424 that was placed within the project limits of the southbound lane of Goodlette-Frank Road. The warranty shall be the warranty attached hereto as Exhibit 1 and as generally promised in the attached August 29, 2005 letter from Dennis Breuer, P.E. to Thomas O. Deer, P.E. References to the 4 C> ::=a <...> <..0 ex:> <...> >-c:I G"l "-> <:::> ~ L-.> 16K3 "Department" in the attached warranty are understood to include/mean the County. (f) The Contractor agrees that it is responsible for $39,302.85 for liquidated damages for failure to meet the final completion deadline under Contract No. 02-3424 and that it shall reimburse the County for that sum. 3. The County agrees: (a) The County shall release to the Contractor the $379,747.63 currently being withheld under Contract No. 02-3424 minus all reimbursements set forth in Paragraph 2 of this Agreement and Release within thirty (30) calendar days after approval of this Agreement and Release by the Board of County Commissioners and upon receipt of a properly presented pay application. 4. The County and the Contractor agree that this Agreement and Release C> ::0 shall become and is one of the contract documents under Contract No. 02- <--> '-0 ex:> <--> ....", G"l 3424 and shall operate to supersede and replace any and all prior agreements with respect to the specific items/disputes expressly governed <'J <::> ~ ~ and referenced by this Agreement and Release. 5. Except for any claim to enforce the terms and conditions of this Agreement and Release, the Contractor shall and hereby does fully and finally and unconditionally release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, 5 16K3 insurers, sureties and assigns from any and all matter of action or actions cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable whether known or unknown, which the Contractor has asserted or could have asserted against the County relating or referring in any way to or arising directly or indirectly from Contract No. 02-3424 or the work performed thereunder, including without limitation any claims for delay damages, overhead and profit, time extensions, interest, or cost increases. 6. The County shall and hereby does fully and fmally and unconditionally release, acquit, remise, satisfy and forever discharge the Contractor and The Hartford, the bonding company, of any claim, cause or cause of action relating in any way to the items specifically referred to in this Agreement and Release in Paragraph 2 through the effective date of this Agreement C> :::cI and Release provided the County reserves its right to enforce the terms '-'> '-0 co '-'> "'Ct G"l and conditions of this Agreement and Release and that the County and the Contractor hereby acknowledge and agree that this Agreement and r--> C=> ~ Ln Release shall only modify their respective rights, prerogatives, obligations and liabilities under Contract No. 02-3424 to the extent specifically and expressly stated herein and that all other rights, prerogatives, obligations and liabilities under Contract No. 02-3424 including without limitation the County's warranty rights and rights to recover for latent/unknown defects in the work remain fully intact and are hereby preserved. 6 16K3 7. This Agreement and Release shall be governed by the laws of the State of Florida. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. This Agreement and Release is freely and voluntarily executed by the County and the Contractor after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, the County and the Contractor do not rely on any inducements, promises, or representations other than the promises or representations set forth in this Agreement and Release. In this regard, the County and the Contractor acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous c:> :::0 provision that may exist in this Agreement and Release is to be construed c.....> u::> ex> c.....> '"U G"l against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to favor r--.> c:> .- en one party or the other. 10. The effective date of this Agreement and Release shall be the date upon which it is approved by the Board of County Commissioners of Collier County, Florida. IN WITNESS WHEREOF, the County and the Contractor have executed this Agreement and Release as evidenced in the following signature blocks: 7 ATTEST: Dwigh.tE..l3rock, CLERK "-"'...."..,~.. '." , "". ^e. '-li .. :. '. . I IJl , ,,; " EPUTY eut .>.J 'I, " . , c : > . Attest IUi.' to Cha1raan s ,'.', 11",t,",:OO1,. }:', ... .,' ,:<" WrrNESSES:" n r' \' \ Q rl ~ Print ame \ c1~ob- ~)j.-H, ~r e,l.-JCi 19 ---rri p/df- Printed Name Approved as to legal form and sufficiency: vvh4 tA/ ~ Michael W. Pettit Chief Assistant County Attorney 05Mprc-00222/326 16K3 ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: :-:_..:.>~ ~ Fred-W:-€uyte-:~ .-/ Frank Halas, AJAX PAVING INDUSTRIES, INC. also known as or DBA AJAX PAVING INDUSTRIES, INe. OF FLORIDA By.4ikLJjQ/ ~ AND TITLE PRt-S I/:>auf" C> ~ ~ '-C> co ~ ""'" ~ I'J <::> .- -..J 8 EXHIBIT 1 16K3 338 VALUE ADDED ASPHALT PAVEMENT. (REV 7-14-03) (FA 8-1-03) (1-04) PAGE 317. The following new Section is added after Section 337 SECTION 338 VALUE ADDED ASPHALT PAVEMENT 338-1 Description. Construct Value Added Asphalt Pavement consisting of Asphalt Concrete Structural Course and Asphalt Concrete Friction Course, subject to a three year warranty period. For purposes ofthis Specification, "Warranty" shall mean the Responsible Party, as designated herein, is responsible for performance of the Value Added Asphalt Pavement for a period of three years after final acceptance of the Contract in accordance with 5-11, including continued responsibility for performing all remedial work associated with pavement distresses exceeding threshold values determined in accordance with 338-5, and as to which notice was provided to the Responsible Party within the three year warranty period, The work specified in this Section will not be paid for directly, but will be considered as incidental to other asphalt pay items, 338-2 Materials and Construction Requirements. Meet the requirements of the following: Hot Bituminous Mixtures - Plant, Methods and Equipment......., ...Section 320 Hot Bituminous Mixtures - General Construction Requirements" ..,Section 330 Superpave Asphalt Concrete,...........,............,..,..,....,......, ..,Section 334 Asphalt Concrete Friction Courses,....................................., Section 337 338-3 Responsible Party. Prior to any Value Added Asphalt Pavement being placed on the project, the Contractor shall designate a Responsible Party to accept responsibility for maintaining the Value Added Asphalt Pavement, when remedial work is required, When the scope ofthe asphalt work is only milling and resurfacing, and there is no construction of the embankment, subgrade or base below the pavement included in the Contract, the Responsible Party may be either the Contractor or the Department approved subcontractor performing the Value Added Asphalt Pavement work. When the construction of the embankment, subgrade or base below the pavement is included in the Contract, in addition to the construction of the Asphalt Concrete Structural Course and Asphalt Concrete Friction Course, the Contractor shall be considered as the Responsible Party, When the Responsible Party is a subcontractor, the subcontractor must be pre-qualified with the Department in the category of asphalt, and such designation must be made to the Department by the Contractor. The proposed subcontractor must execute and deliver to the Department a form, provided by the Department, prior to or concurrent with the Contractor's request to sublet any Value Added Asphalt Pavement work, stipulating that the subcontractor assumes all responsibility as the Responsible Party for the Value Added Asphalt Pavement within the three-year warranty period, Failure to timely designate the Responsible Party will result in the Contractor being the Responsible Party unless otherwise agreed to in writing by the Department. Upon final acceptance of the Contract in accordance with 5-11, the Contractor's responsibility for maintenance of all the work or facilities within the project limits of the Contract will terminate in accordance with 5-11; with the sole exception that the obligations set c:> ::>:' ...... '-0 ao ...... '"0 c;-l "-' c:::> ~ ao 16K3 forth in this Section for Value Added Asphalt Pavement will continue thereafter to be the responsibility of the Responsible Party as otherwise provided in this Section, 338-5 Pavement Evaluation and Remedial Work. 338-5.1 General: The County will determine the extent and the magnitude of the pavement distresses occurring on the project, For evaluation purposes, the project will be subdivided into LOTs, of 0,1 mile per lane. The Department may conduct a LOT-by-LOT Pavement Condition Survey of the value added pavement following the final acceptance of the project, and at intermediate times throughout the warranty period. The final survey, if determined by the Engineer to be necessary, will be conducted no later than 45 calendar days before the end of warranty period, All surveys wjll be conducted at no cost to the Responsible Party, The Responsible Party will be advised if/when the Department believes remedial action is required and conducts a LOT-by-LOT Pavement Condition Survey, The results of the survey will be made available to the Responsible Party within 15 calendar days after completion of the survey, If the survey findings, intermediate or final, are to be disputed by the Responsible Party, written notification must be provided to the Engineer within 30 calendar days of the date of receipt of the survey, During the warranty period, the Responsible Party may monitor the project using nondestructive procedures. The Responsible Party shall not conduct any coring, milling or other destructive procedures without prior approval by the Engineer. 338-5.2 Category 1 Pavement: For purposes of this Specification, "Category I Pavement" is defined as mainline roadways, access roads and frontage roads with a design speed 45 mph and greater; approach transition and merge areas at toll booths; ramps; acceleration and deceleration lanes (including tapers); and turn lanes. Threshold values and associated remedial work for Category 1 Value Added Asphalt Pavement are specified in Table 338-1. TABLE 338-1 Category 1 Condition Survey C> :::a Type of Distress Type of Survey Threshold Values for Each LOT (0.1 Mile) per Lane, Depth:s 0,25 inch Remedial Work ~ 0..0 ex> ~ -cJ G')l None required Depth> 0.25 inch Remove and replace the distressed LOT( s) to the full depth of all layers, and to the full lane width. 2 ........ c::::> .- 0..0 Rutting I Any Survey I For any LOT that cannot be surveyed by Laser Profiler. rut depth to be determined manually in accordance with the Flexible Pavement Condition Survey Handbook, except the number of readings per LOT will be one every 50 feet (Minimum of three measurements), using a 0.30 inch threshold value. 2 Remedial Wark for Rutting: The Contractor may propose removal and replacement ofless than the full depth of all layers by preparation and submittal of a signed and sealed engineering analysis report, demonstrating the actual extent of the distressed area(s). Remedial work must be performed in accordance with Table 338-1 unless the Engineer approves the proposal. Ride 3 Any Survey RN< 3.70 16K3 Remove and replace the friction course for the full length and the full lane width of the distressed LOT(s) Cracking 4 Cumulative length of cracking> 30 feet for Cracks> 1/8 inch Any Survey Raveling and/or Delamination affecting the Any Survey Friction Course 6 Individual length :::: 10 feet. Individual length < 10 feet. Pot holes and Slippage Area(s) 6 Any Survey Observation by Engineer Remove and replace the distressed LOT( s) to the full depth of all layers, and to the full lane width 5 Remove and replace the distressed area( s) to the full distressed depth and the full lane width, for the full distressed length plus 50' on each end Patch the distressed area(s) to the full distressed depth and to a minimum surface area of 150% of each distressed area, subject to performance at final survey 7 Remove and replace the distressed area( s) to the full distressed depth, and to a minimum surface area of 150% of each distressed area OR temporarily patch the distressed area(s) AND, prior to the final survey, remove and replace the distressed area( s) to the full distressed depth, and to a minimum surface area of 150% of each distressed area C> ::a Bleeding 8 Loss of surface texture due to excess asphalt, individual length:::: 10 feet and :::: 1 foot in width. Any Survey Remove and replace the distressed area( s) to the full distressed depth, and to a minimum surface area of 150% of Each distressed area c......> '-0 ex:> c......> '"'c:I Q r--..> C> <..n C> 3 Ride: Ride Number (RN) to be established by Laser Profiler in accordance with FM 5-549. Ai; a condition of project final acceptance in accordance with 5-11, correct all deficiencies in accordance with acceptance criteria for pavement smoothness in accordance with 330-12.6. 4 Cracking: Beginning and ending of 118 inch cracking will be detennined as the average of three measurements taken at one foot intervals. The longitudinal construction joint at the lane line will not be considered as a crack. S Remedial Work for Cracking: The Contractor may propose removal and replacement of less than the full depth of all layers by preparation and submittal of a signed and sealed engineering analysis report, demonstrating the actual extent of the distressed area(s). Remedial work must be performed in accordance with Table 338-1 unless the Engineer approves the proposal. 6 Raveling, Delamination, Pot holes, Slippage: As defined and detennined by the Engineer in accordance with the examples displayed at the following URL: www.dot.state.f1.us/specificationsoffice/pavement.htm 7 Patched Areas: At the time of final survey, patched areas must be performing to the satisfaction of the Engineer. If the Engineer determines patched areas are not performing satisfactorily, remove and replace the distressed area(s) to the full distressed depth, and to a minimum surface area of 150% of each distressed area. 8Bleeding: Bleeding to be determined as defmed and determined by the Engineer in accordance with the examples displayed at the following URL: v.rww.dot.state.fl.us/specificationsoffice/pavement.htm 16K3 338-5.3 Category 2 Pavement: For purposes of this specification, "Category 2 Pavement" is defined as mainline roadways, access roads and frontage roads with a design speed less than 45 mph; parking areas; rest areas; weigh stations; and agricultural inspection stations, Threshold values and associated remedial work for Category 2 Value Added Asphalt Pavement are specified in Table 338-2, Type of Distress Type of Survey Automated Measurement Rutting TABLE 338-2 Category 2 Condition Survey Threshold Values Remedial Work See Table 338-1 See Table 338-] Manual Measurement (I) Depth >0.4 inch Remove and replace].5 inch the full lane width for the area plus 50 feet with rutting equal to or greater than 0.4 inch. Cracking Any Survey Cumulative length of cracking > 300 feet for See Table 338-1 Cracks> 1/8 inch Surface Deterioration (2) Any Survey See Table 338-] See Table 338-1 (I) Rutting: Rut depth to be determined manually in accordance with the Flexible Pavement Condition Survey Handbook, with readings taken at 20 foot spacing over the distressed area, An area will be deficient when the average of three consecutive readings exceeds 0.4 inch, (2) Surface Deterioration: As used in Table 338-2, Surface Deterioration includes Raveling and/or Delamination affecting the Friction Course, Pot holes, Slippage Area(s), Segregated Area(s) and Bleeding; all as defined and footnoted in Tab]e 338-1. C) :::0 338-5.4 Category 3 Pavement: For purposes of this Specification, "Category 3 Pavement" is defined as median crossovers and shoulders. Threshold values and associated remedial work for Category 3 Value Added Asphalt Pavement are specified in Table 338-3. Type of Distress Rutting Type of Survey N/A Cracking Any Survey ~ '-0 co ~ '"'" ~ TABLE 338-3 Category 3 Condition Survey Threshold Va]ues Remedial Work N/A N/A Cumulative length of cracking >500 feet for See Tab]e 338-] Cracks> 1/8 inch "-> c:> Ln ~ Surface Deterioration(l) Any Survey See Table 338-] See Table 338-] (I) Surface Deterioration: As used in Table 338-3, Surface Deterioration includes Raveling and/or Delamination affecting the Friction Course, Pot holes, Slippage Area(s), Segregated Area(s) and Bleeding; all as defined and footnoted in Table 338-1. 338-5.5 Remedial Work: During the warranty period, the Responsible Party will perform all 16K3 necessary remedial work described within this Section at no cost to the Department. Remedial work will not apply if anyone of the following factors is found to be beyond the scope of the Contract: a, Determination that the pavement thickness design is deficient. The Department will make available a copy of the original pavement thickness design package and design traffic report to the Responsible Party upon request. b, Determination that the Accumulated ESALs (Number of 18 Kip Equivalent Single Axle Loads in the design lane) have increased by 25% or more over the Accumulated ESALs used by the Department for design purposes for the warranty period. In calculating ESALs, the Average Annual Daily Traffic (AADT) will be obtained from the Department's traffic count data and the T24 (Percent Heavy Trucks during a 24 hour period) will be obtained from the Department's traffic classification survey data. c. Determination that the deficiency was due to the failure of the existing underlying layers that were not part of the Contract work. d. Determination that the deficiency was the responsibility of a third party or its actions, unless the third party was performing work included in the Contract. If a measured distress value indicates remedial action is required per Table 338-1, Table 338-2 and/or Table 338-3, the Responsible Party must begin remedial work within 45 calendar days of notification by the Department. However, after each survey, if the Department determines the extent and magnitude of pavement distresses in any areas will not affect the traffic safety, strength of pavement structure or highway aesthetics, the Engineer, at his sole option, may defer the remedial work associated with the pavement distresses. In the event remedial action is necessary and forensic information is required to determine the source of the distress, the Department may core and/or trench the pavement. The Responsible Party will not be responsible for damages to the pavement as a result of any forensic activities conducted by the Department. As applicable to distress criteria for rutting, ride and cracking for Category 1 and Category 2 pavements, when two LOTs requiring remedial action are not separated by three or more LOTs that otherwise require no remedial action, the remedial work shall be required for the total length of all such contiguous LOTs, including the intermediate LOTs otherwise requiring no remedial action, Additionally, for Category 1 and Category 2 pavements, where the limits of remedial action are defined as 150% of the distressed area, and where such areas of remedial action required due to rutting, raveling, cracking, slippage or bleeding are not separated by 1,000 feet, the remedial work will be required for the entire area contiguous to the distressed areas, including intermediate areas otherwise requiring no remedial action, The Responsible Party has the first option to perform all remedial work that is determined by the Department to be their responsibility, If, in the opinion of the Engineer, the problem poses an immediate danger to the traveling public and the Responsible Party cannot begin remedial work within 72 hours of written notification, the Engineer has the authority to have the remedial work performed by other forces, The Responsible Party is responsible for all incurred costs of the work performed by other forces should the problem (remedial work) be determined to be the responsibility of the Responsible Party. Remedial work performed by other forces does not alter any of the requirements, responsibilities or obligations of the Responsible Party, The Responsible Party must complete all remedial work to the satisfaction of the Engineer. Approval of remedial work does not relieve the Responsible Party from continuing responsibility under the provisions of this Specification, Notify the Engineer in writing prior to beginning any remedial work. Meet the requirements of the Department's Standard Specifications for Road and Bridge Construction and implemented modifications thereto when performing any remedial work, Perform all signing and traffic control in accordance with the current edition of the Department's Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Provide Maintenance of Traffic during remedial work at no additional cost to the Department. Lane C> ::<::l c......> u:> <X> c......> '""<::lI G"ll "" c::> '-'" "" 16K3 closure restrictions listed in the original Contract will apply to remedial work. Written request(s) to obtain permission for lane closure(s) for either forensic investigation or remedial work must be made to the Engineer 48 hours in advance of any lane closures. Do not perform any lane closures until written permission is given by the Engineer. If remedial work necessitates a corrective action to overlying asphalt layers, pavement markings, signal loops, adjacent lane(s), roadway shoulders, or other affected Contract work, perform these corrective actions using similar products at no additional cost to the Department. 338-6 Responsible Party's Failure to Perform. Should the Responsible Party fail to satisfactorily perform any remedial work, or fail to compensate the Department for any remedial work performed by the Department and determined to be the Responsible Party's responsibility in accordance with this Specification, the Department will suspend, revoke or deny the Responsible Party's certificate of qualification under the terms of Section 337. I 6(d)(2), Florida Statutes, for a minimum of 6 months or until the remedial work has been satisfactorily performed (or full and complete payment for remedial work performed by others made to the Department), whichever is longer. Should the Responsible Party choose to challenge the Department's notification of intent for suspension, revocation or denial of qualification and the Department's action is upheld, the Responsible Party will have its qualification suspended for an additional minimum of 6 months. C> :::cJ <....> ~ ex:> <....> '""Cl ~ r---> c:::> <..n <....> .. HCY-1B-20e~ 11:56 AM P3S&3 CONSTRUCTIDN SER. S2;jJ9:594.S:S1 1 6.Kz3 . -. . '. . . . :............. .' <'.-',". .... . . ..w.... .., ArJAx AlIIIIIlt 21th. 2DD5 ThlllllU O. o.r. P.E., SenIor p.~ Engine.. PBBIJ 1C11111 AIrpcIIt~ng RllMl NoI1h. SUla11 ,-.,.u. FIcIrtd8 34108 DCE@IEUlJlfEn SEP 1 ZOOS U J.... ~~Jf - . , RE: Gaa....FIW1k Raed W1d1tlll.. Project County PrDjIlCt No. 10134 Conlrel:t No: CJG.3114 CaIIr.r Countv Value Added ~It .......nt our Mr. 0.11/". In .~ lID llOI'IllMIIl1llIln1na .. dMlgn or !he Type SoII1 ..h. iii"" CllUlM .Mau' an "SBL an GDOdl....,.,.,1I RaM an ItIe I&/bJIIClI p..4-ct. Co,'*' ~ h.. ItMId a "'11I far . "'JIlt or wannty or : IJUIIllln- an 1hI. _11.<....,. PI ... III advilld /hit Alex PIvIng 'ndultrlee, lna. wf1I .., a Wl/NnIw undlll" the a.Nnt _..ell "an 338. V8Iue AddlId AlphaJt PlMmIflt (c::opy IIIc101Mf) !hit II ,,-1III1f III .. 1n...-1IIIon at lie Type SolD ...... ns WDJkmIn.11Ip end i. IpldIc lD WDItl .. dIIInId In \hi atIg1n11 GOo..... dociUlft8nII Dr ~ by c:tlIInge Older. Tria IpIlCll'lCllIian wvulcl be lidded III ....lIIIInRllt.. I no caat changlllIUer. , ~ . '* '* '* C> :::cJ AJ8K PhinQ Indultltu. Inc:.. IllhIruponllbll PlIny for thtIlMlllClioIl WOI'II under'" ....._.n"..IIPlIIllII1~ .Allin. It II unci...., thllt .. I'tII8rW\CIIa i) lie VlIIInWl1ty period at "',.. (3) YUill_ amended lICllve (5) yMl'L All oltler IPIclIIadan PftIvlllonI .. 1pp/1CIIbIe. <....> ~ ex:> <....> '""Cl ~ It II undlllllDOd thIt Caller Caunty wlU immedinly __. .11 wIItlhIIcI payrMnll CIlrIGII'IlIn; ItIe Type 8-11I. r---> ...It upan I'IClIIpt of IhII WIIrranty. ~ .- In IW1Imlry, A,l1lX f'IIvIn; 1nduItrIe., me. wi. luure Callier County that any fllnu.. In !hi TWII 8-11I uph8II pawmlnt IIIferIrICIId IbcM !hat INIY DC:I:UI' I'IIUIting fnxn dlIIIciencill In m.....'. or WD(NIIltlIhIp _. b. 1'IP111. ..:1 It our ...n.., tor II*Iod '" live (5) ~I'I flvm ltra da1I '" IUbIt8nll11l campllltlCln. RMpdUIIy. AJAX PAVING INDUSTRIES. INC. ~- .' R. ~~.~~. 0. . R. EIIIIuer, P.E. Are. ManagM" cc: Mike Haren. ~lC PlYing industries. Inc. 2432 6-11I A.ptNllt WlIfl'ItIly '* '* '* ^f\.1 C;r:\1 'AI r-u,oIIU;.nnTII""u-r_ CI,i4ru ,.,..,=n ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 '- K ~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U ~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach 10 original document OrigimlJ doclIl11cnh ~hould he h;md delivered to the Board Onlet:. The completed routing slip and original documents afC to be forwarded to the Board Oftice only after the Buaru ha-.; when action Oil the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's silloature, draw a line throUi:!h routim!. lines #1 throueh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. ~. -~-- - 'U -----~ .---- -' , ----- -.--"- .--- 2. --, -- ..-" - -..- --, ,--- '- -._--- ----- - -- ---- ---- ' -- ---" ."- ---- ,- - - , - 3. -- -- ,------ 4. .__.~- ..-- --, - ---- - - -- 5. Sue Filson, Ex.ecutive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the pe~on who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the ACe Chairman's sib,'Ilaturc are to be delivered to the Bee office only after the Bee has acted to approve the item,) Name of Primary Staff Contact \ \~, ~ . Agenda Date Item was A roved b the BCC Type of Document Attached ,\ /1 Phone Number /', ~ ! ,~ \i (' \ Yes (Initial) N/A(Not A Iicable) '~- ,- - ~ " (.\\, I <I j \1 \, , \1 Agenda Item Number -"', \, I: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.{)].04, Revised] .2605. Revised 2.24.05 (: '-t;1\ ~-' \/,,\ t. v' \.,--- i'\ Number of Original Documents Attached f ~ t.. ~ I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro date. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCe approval of the document or the final negotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCe office within 24 hours eJf BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on " )., i 'i. (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2, 3. 4. 5. 6. ~~ ~~ ~~ ~ - - ~ -- ~ '-'- _0 - '-' ~ - C""")~ r-- '"' Lrlg c:> '-' .. - -- -~ ~ ~u ,:::a... 8 w- '-' '-' o cr. ~- co <> '" CT\ is sxi C""") 00- '-' '" ... '" -~ Q;::: ....:1~ C> ~x '-'- or::::tt ~:: ~~:;: C""'-.J ~..w cr.~m r-- _~ ~ C""") ~ ""~ -- ""~ -~ 0_ '-'~ =~ - o o ~ - = ""0- -- ... o '" - =- 0- '-' ~ o_~ 0-_- O~ .._=- "'-- ..w!:llll'" ... <LI....:1:Z;p.cl ~u......!:IIlI 16K5 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (hereinafter referred to as "Agreement and Release") is made and entered into this \L-f11day of February, 2006 by and between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County") and Hansen Information Technologies, Inc. (hereinafter referred to as "Hansen"). WITNESSETH WHEREAS, on or about May 18, 2004, the County and Hansen entered into Contract No. 03-3500 (hereinafter referred to as the "Contract") pursuant to which, among other things, the County was to obtain licensed software programs from Hansen for the purpose of land use and permitting acquisition software applications; and WHEREAS, the County determined not to proceed with implementation of the Hansen software under the Contract; and WHEREAS, the County and Hanscn mutually desire to compromIse and resolve all issues relating or referring to the Contract; NOW, THEREFORE, in consideration of the mutual covenants, promIses and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged by both the County and Hansen, and with the intent to be legally bound, the County and Hansen mutually agree to the following: 1. The County and Hansen agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses" by refcrencc into this Agreement and Release. 2. Hansen hercby agrees and shall: OR: 3989 PG: 0574 16K5 (a) Pay the County $250,000.00 in certified U.S. funds within thirty (30) days from the effective date of the Agreement and Release. (b) Release, waive and forever discharge any claim of any nature whatsoever relating or referring to the Contract except any claim to enforce the terms and conditions of this Agreement and Release. 3. In consideration of Paragraph 2 above, the County agrees and shall: (a) Release, waive and forever discharge any claim of any nature whatsoever relating or referring to the Contract except any claim to enforce the terms and conditions of this Agreement and Release. 4. In further consideration, the County and Hansen also hereby agree that the Contract shall henceforth be deemed terminated for convenience of the parties as of the effective date of this Agreement and Release. 5. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., the County also hereby agrees not to use or disclose any Hansen software or document templates used to gather client information still in the County's possession to any third party except as may be necessary to effectuate or exercise the County's rights as set forth in Paragraph 7 of this Agreement and Release. 6. Subject to the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., the County and Hansen further hereby agree that, from the effective date of this Agreement and Release, neither of them shall disparage the performance of the other under the Contract. 2 OR: 3989 PG: ~76 K 5 7. The County also hereby agrees that it shall cease use of any Hansen software or document templates except that the County shall retain a non-exclusive free right to use any documentation related to scope analysis for the proposed system documentation. This documentation will be defined as any document that contains Collier County business work process information or data which was created jointly by Collier County and Hansen employees. These documents may include but are not limited to the following words or phrases that identifY them: Flow Chart; Walkthrough; Meeting Record; Process Improvement; Meeting; Interview; Processes; Test Case Planning; Configuration; Process Flow; Design; Process Flow Narrative Document; Statement of Work; Business Process Analysis; Best Practices; Hardware Recommendations; Notes; Narrative. Collier County will make a "best effort" to return or destroy all copies of Hansen software and document templates except for the proposed system documentation previously described in this section within thirty (30) days of the effective date of this Agreement and Release. The County and Hansen also hereby agree that they may each advise third parties that the Contract was deemed mutually terminated for convenience pursuant to this Agreement and Release. In this regard, Hansen hereby expressly acknowledges, understands and agrees that the County is subject to and must abide by the Florida Public Records Act, Chapter, 119, Fla. Stat., as well as the Florida Constitution and the Florida Sunshine Law, Chapter 286, Fla. Stat., and that information disclosed to third parties by the County in accordance with its obligations under these statutes and constitutional provisions shall in no way constitute a breach of this Agreement and Release. 3 OR: 3989 PG: 0576 Except for any claim to enforce the terms and conditions of this Agreement ld6 K 5 Release, Hansen shall and hereby does fully, finally and unconditionally release, quit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all matter of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable whether known or unknown, which Hansen has asserted or could have asserted against the County relating or referring in any way to or arising directly or indirectly from the Contract or work performed thereunder. 9. Except for any claim to enforce the terms and conditions of this Agreement and 8. Release, the County shall and hereby does fully, finally and unconditionally release, quit, remise, satisfy and forever discharge Hansen, its officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all matter of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, promises, judgments, executions, claims, complaints, legal or equitable whether known or unknown, which the County has asserted or could have asserted against Hansen relating or referring in any way to or arising directly or indirectly from the Contract or work performed thereunder. 4 OR: 3989 PG: 0577 leKS 10. The County and Hansen acknowledge and agree with one another that the releases set forth in Paragraphs 8 and 9 above extinguish all causes of legal action except an action for specific enforcement of the terms and conditions of this Agreement and Release. 11. This Agreement and Release shall be governed by the laws of the State of Florida. 12. Any action brought to specifically enforce any of the terms and conditions of this Agreement and Release shall be venued in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed in the same formalities as this Agreement and Release. 14. This Agreement and Release is freely and voluntarily executed by the County and Hansen after they have been apprised of all relevant information concerning this Agreement and Release and after they have recei ved the advice of their respecti ve counsel. 15. In executing this Agreement and Release, the County and Hansen do not rely upon any inducements, promises, representations, other than the promises or representations set forth in this Agreement and Release. Accordingly, the County and Hansen acknowledge this Agreement and Release is a product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement and Release is to be construed against either the County or Hansen based upon the claim that one or the other party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 5 *** OR: 3989 PG: 0578 *** 16K5 16. The effective date of this Agreement and Release shall be the date upon which it is approved by the Board of County Commissioners of Collier County, Florida. IN WITNESS WHEREOF, the County and Hansen have executed this Agreement and Release as evidenced by the following signature blocks: ATTEST: Dwight E..BtQ$k, CLERK ~\, i .~." ~.~. .....~ _~,'.';' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'f't'"CLER Attest as to Chalnaan's "tutllre only. ,~c ~~ BY: -'" Frank Halas, CHAIRMAN WITNESSES r HANSEN INFORMATION TECHNOLOGIES, INC. 1,.1'/1.' /. /I 10411.--- $1gned Name . IrA L i L r!--w.E. Printed Name BY~ ITS: cw-"'-~ ".....VVl.ClN\ 'E. CJ"::;O nd legal sufficiency: ----7 Robert N. Zachar Assistant County Attorney 05.0222/'4.'i1 6 l~ Re,n: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 3792203 OR: 3989 PG: 0589 RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/27/2006 at 04:06PM DWIGHT B. BROCK, CLBRK RBC m 18.50 Subordination Agreement 16K5 FIRST INTEGRITY BANK, N.A., a Minnesota bank corporation, its successors and/or assigns (hereinafter referred to as "First Integrity" and/or "Mortagee"), is the owner and holder of that certain Mortgage and Security Agreement and Fixture Financing Statement and Assignment of Rents and Leases dated February 24, 200S and recorded March 2, 2005 in Official Records Book 3743, Page 713 and that certain Assignment of Leases and Rents dated February 24, 2005 and recorded March 2, 2005 in Official Records Book 3743, Page 750, and that certain UCC-1 Financing Statement recorded in Official Records Book 3743, Page 762, all of the Public Records of Collier County, Florida, as they may have been amended or modified, and executed by Southern Deveiopment Co., Inc., a Florida corporation, ("Mortgagor") (collectively the "Mortgage Instruments"). Whereas, the Mortgage Instruments encumber all or a portion of the Easement Property encumbered by that certain Conservation Easement (hereinafter "Conservation Easement") recorded herewith; Now, therefore, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, First Integrity hereby agrees that the lien, operation and effect of the Mortgage Instruments is and shall be junior, inferior, subject and subordinate in all respects to the lien, operation and effect of the Conservation Easement recorded herewith, as the same may be extended, renewed, modified and/or amended from time to time. No modification, amendment, waiver or release of this Subordination Agreement shall be valid or binding for any purpose whatsoever unless in writing and duly executed by the party against which the same is sought to be asserted. This Subordination Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, this instrument was executed as of the day and year first above written. MORTGAGEE: FIRST INTEGRITY BANK, N.A., a Minnesota bank corporation WITNESSES: .... Printed Name: <:>.. '<"e,;-- dt~ ~J Printed Name: ',.A 1\) &5~( I By: Print Name: u Its: V,'c". --+- STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was subscribed, sworn and ackn,owledged before me this EL~day of December, 2005, by i?; de. !;ZJI.'", , asV,Ce_ ~,J.~ for FIRST INTEGRITY BANK, N.A., a Minnesota bank corporation, and who 1S-{.> personally known to me or [ ] who produced as identification. ~~\'1~~ NOTARY PUBLIC ~ Printed Name: Uo..'Of"'L ~y ."" mission Expires: ). '!>-oi '~: ~'uy.ClAm.f0EERY 1-: .A-: rvr COIf J' , \: ' M;~~>IUvt 00 38308 ExrJ;:il:c.;:. 9 IonrMo '.,..... ,JaOI.l8/\'3 20Q<:! . l1>rJ NOllry Pl.'b/~ U~oe~.. . 6 *** OR: 3989 PG: 0590 *** STATE OF FLORIDA ) COUNTY OF COLLIER ) . c;J 16 K 5 The fOregOin~instrument~~~~iit.9bed, sworn and acknowledged before me this ~ q - day of BB@!!mbBr, '21>05, by Mario Curiale, as President for Southern Development Co., Inc., a Florida corporation, and woo is (t-t1Jersonally known to me or [ ] who produced as identification. ~--_.__._... - -- My Commission Expires: I . -:; 1,00; /.,:;;.~..;.....~ ElLA DEEIW {.r}j,~:; MY COMMISSION' DO 3!1183 ~~.ij EXPIRES: January 31, 2001 "".iii..~.;.' BondedThruNollryPubHcU~ .,,---0'/ I I / ( C; , -",C,t _ NOTARY PUBLIC Printed Name: i L 1-11 D i!- ~ 4 l( / THIS INSTRUMENT PREPARED BY & RETURN TV: NAME: CHRISTVPHER 1. THORN1VN, ESQ. 3792204 OR: 3989 PG: 0591 RECORDED in DFFICIAL RECORDS of COLLIER COUNTY, FL 02/27/2006 at 04:06PM DWIGHT E. BROCK, CLERK REC PEE 52.50 DOC-.70 .70 COPIES 5.00 MISC 1.50 I V ADDRESS: TREISER, COLUNS & VERNON 3080 TAMIAMI TRAIL EAST NAPLES, FL34JJ2 PARCELLD. # 00726040001 AND 00725960001 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16K5 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT ,j cv ~.J, e.r THIS CONSERVATION EASEMENT given this Z "1 day of -DeceFRl3er, 2005, by Southern Development Co., Inc. (hereinafter "Southern Development" or "Grantor"), as Grantor, whose address is 845 Bald Eagle Drive, Marco Island, Florida 34145, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Grantor is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requIring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Grantor; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit "B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil 1 OR: 3989 PG: 0592 material, peat, rock or other material substance in such a manner as to alct 6 K 5 the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. 3. Grantor, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of 2 OR: 3989 PG: 0593 the Property and their successors and/or assigns, it being the intention of Je 6 K 5 Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: WITNESSES: pri~e~/c t:: II -') ~ rr&r!~- Pri ed N~e: 'uAa. J' u//,vlld GRANTOR: SOUTHERN DEVELOPMENT ., INC., a Florid 0 oration ------ 3 Acceptance by Grantee: ATTEST: DWIGHT~ ~~I'.c:Ierk . ..,,~,~............4,,(.~ '\, 'I,' " ..t'..' t. . .,. - ~ t.o~ ;iDeputy:~I!i . '~s,t;~~.:to Chi lrllan' s '1~ only. Approved as to form and Legal sufficiency: 4(j] ! Steven D. Griffin Assistant County Attorney OR: 3989 PG: 0594 16K5 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~>~~ FRANK HALAS CHAIRMAN , 5 OR: 3989 PG: 0595 certain lenda anu.Let! ill the NW 1/4 ot Seotion 3, T"'WDtlhip 51 Soulh, RangY 26 &oot, CQlller County, State af florida, ~'rom the NE cornu' of paid NW 1/1. run with the Saction line Nu~th e9"23'53" ~8et . diatance uf 324." feet to the m..t right-of-way line of Statu Roed .9S); thun". with GIld right-ur-~ay Iln" South 35'40'OB" w..t a diatanee of 1252.72 feet to it. junat1ol\ with the North ri9ht-ot-way 11$10 of Btate Hu....:I ~'O; thence with the right-ot.way lino of 8t.t. aoed N,O SuuLt, 24"19'52" East a dialilno. of 69." foot and ~o\lth 54'20'16" J;..t . di"tanc;e of 379.J8 fe'l to lhe truo I'Oll'l'1' OF Ilf,;UINIHNO. Th...". North 35'39' 44" Il..t Thonce South 54'20'16" Ea.t Thenoe South 35"39'14" wcat TI.ellce NQrth 54'20'16" West to the POINT OF B~OINtlIHO. [For information only: Parcel ID No. 00725960001] EXHIBIT "A" LEGAL DESCRIPTION ... dl.t./lC4l .. ..:Iill1;a"ee a dietana. . dll11tancd of of ot ot 400 240 .UU 220 hlet.; t..tl Uletl te.t. AND rr.. tho> ltut Jlt corner of 6Ktlon 3, .11" "itll a,oUa Ua. Soutb 0 d4qtee. 41 aiouts. 31 ..cnnds Kelt, .. distance of 612.57 j eet.: thence lorlh 89 4e<jJeees 18 ,,,io,~te$ 19 ..catub Nut, a disL."ce of 712.35 I<<t to the i:.teaactiOll of the Weat rivht-of-wa, liDe of tbl COYQt! D~.:~a1' Caa.1 vitb tbe loeth ri",bt-of'III' lilll III Stale laid U" (1'>>1_i Trail); thence with ..id Trail right-cl-w., line lo<th St degr.e. 20 aiA~t.. 16 ..conde w..t, a 4i.tan~e ~: 2"1.~1 I..t to the t<,,~ point of ~icoic9: thence cont,~wiQg with the TrDil ri9ht-of-....1 line lorth 54 de<>reu 20 ai,lltu 16 aeconGJ liwat. . dhtILnclt of 440 t...t; tlw:ncc ":leth 35 '(iVr..a 19 aill.wln 44 s.CCltld.i1.&ast . distuce ot 400.0 t..t; l".ace South 54 ele..,... 20 aiAut.. 16 s.coode l..t. a 4islauca ul "0 lect: thene. :l'Hll\ 3~ cilfll..l. 39 \l.1Aute. H ..cQl1ds lo'.,at . distaAca of 400.0 feet to l~~ Point 01 8~ian.n9' [For information only: Parcel ID No.00726040001 7 16K5 c:: U) -J>. - <: C) '"--I ::tJ :t :to. Sj os:: r- -<:; :to. ~ os:: ~ ~ r- ~ r"'l '"--I ~ ::tJ <::) :to. ()J ~ '- r- >-3 r"'l ::c: ~ CIl :to. ~ U) CIl Z '"--I 0 >-3 > CIl C N35'39'44"E" 83.92 *** OR: 3989 PG: 0596 *** POIN r OF COMMENCEMEN T: NE" CORNeR OF NW1/4 SE"CTlON 3-51-26 N 35'39'44" W 295.41' E"AST R/W LINE" " CR. 951 D .') ,;Yo, !,,0S35 40 08 W ct-c .:Ot}f~'<:J '"~ 1252. 72' %. (J~;o~ ~ v" ~. r '''IJ'-'i' ~~ ~ ~.::o ~f '~--..l._ 4.- " t.i '-< .. ~ 1\3 ~ ~ '" - - Co "' 5 35"39'44" W CJl' 6700' ." ~ ~ 'i iJi Q ~ '" n nnn C n", ~oru -< '" r _"'ru ru '" Y1[\l~ ~ z ~mo ~ co -0'" '" -. I '" -~'" ",]> oo~ ~'" oe,b 0- 000 oe " n c ",,,,ru ru '" 00'" ~'" < ddd .'" ooru ;!O, M cci. ,; -. C:;:C:::~ ~ ]> -; -. J> ]> OJ -~- ~ z r 00"" CO M bow 8 000 '" Z -. ~~~ ~ mm~ ~'" 0000 ~'" WW.,,: 0]> \l?'J2"2 '!'" NNUlO Z o,D\DWOO i.i.ic CO I ....UlNN n .f>.(1'\ro-..,l :r ;"'iJ!oow D .l>o-....J.t>--...J '" <oj '< '" .. '-J " 0; , '" , rrr....... wru....:z - f""'l ~ '-< '! rr _........ r1 0.----< !=> pp Z Z g g~ ~ r'1 :r -; J> OJ r z VI VI r'l cnwwt::l:I -l>oUlUlf'1 r\jww:t> e><J)\lI;;U wru W Z --; '.Ill..,) CI ~i..<. ~f"\) 'Ul ~ oUl 00 ~ D D 5 35'39'44" W 108.00' '< '" .. '-J " 0; , '" ~, " ce 16K5 "' '" .. '-J " 0; "' Co .. '" '" '" C'. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i). , . '0,,0 17A To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Deptl Div: Comrn.Dev.Serv./Comprehensive Planning Person: Marcia Kendall Date: 1/27/05 Petition No. (If none, give brief description): Tuscany Reserve CDD Amendment Petitioner: (Name & Address): Gregory Vbancic, of Goodlette, Coleman & Johnson, P.A, Agent for Tuscany Reserve Community Development District Name & Address of any person(s) to be notified by Clerk's Office: (Umore space is needed, attach separate sbeet) N/A Hearing before XXX BCC BZA Other Reqnested Hearing date: Februarv 14. 2006 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Inclnde legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? x Yes 111 83]"J 649110-00000 y' w d D No If Yes, what account should be charged for advertising costs: I~ /7~ O-b Approved by: Date County Manager Date List Attachments: Ad Request, Advertisement, Ad Map including copy of Ordinance & Back up DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is snbmitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o Connty Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ~N'0: Date Received: I 2'7 Ip ( Date of Public hearing: ___ Date Advertised: ~ February 14, 2006 Board of County Commissioners Public Hearing Advertisina Reauirements Please publish the following Advertisement and Map on Friday, February 3, 2006, and furnish an affidavit of publication to both the Board Minutes & Records Department and to Ms. Marcia Kendall, Comprehensive Planning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a quarter page advertisement and the headline in the advertisement must be in a type no smaller than 18 point. The advertisements must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. 17A 17A NOTICE OF PUBLIC HEARING AND INTENT TO CONSIDER ORDINANCE ORDINANCE NO. 06-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CONSENTING TO THE EXERCISE BY THE BOARD OF SUPERVISORS OF TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL POWERS RELATING TO PUBLIC IMPROVEMENTS AND COMMUNITY FACILITIES. The Board of County Commissioners of Collier County, Florida (the "Board") hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.012, Florida Statutes, at 9:00 a.m., in the Commission Board Room, 3'd Floor Administration Building (Bldg. "F") Collier County Government Center, 3301 Tamiami Trail, East, Naples, Florida, on Tuesday, February 14, 2006. The sUbject of the Public Hearing is consideration by the Board of an amendment petition filed by David Salko, Chairman, for an amendment of the Tuscany Reserve Community Development District (COD) for the purpose of providing the Board of Supervisors authority to exercise additional powers for Park, Recreational Facilities and Security for the project known as Tuscany Reserve COD, previously approved on July 30, 2002 by Ordinance No. 2002-42, and by adoption of the above-stated Collier County Ordinance pursuant to Section 190.012(a) & (d), Florida Statutes. The district government serves an area of land in Collier County described as follows: [Insert Map here] The Board's consideration of the COD amendment will comply with Section 190.012, Florida Statutes, in conducting this Public Hearing. The purpose of this hearing is to consider implementing additional powers for park, recreational facilities and security, per 190.012(a) & (d), Florida Statutes, by adoption of an ordinance. On January 5, 2006, acting agent Gregory L. Urbancic, of Goodlette Coleman & Johnson, PA, officially submitted and fiied its COD petition amendment request to Collier County, for which the amendment fee is part of the initial $15,000.00 paid to establish Tuscany Reserve COD. The district will be responsible for absorbing the advertising cost, upon County's receipt of the invoice. All interested parties are invited to appear and be heard. Copies of the proposed COD Amendment are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to February 14, 2006, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. February 3, 2006 Tuscany Reserve Community Development District David Salko, Chairman 17A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: IslPatricia Morgan, Deputy Clerk PUBLIC HEARING/MK LOCATION MAP TUSCANY RESERVE COO plrl1T1ON~a COMP08fIE ~rr ~.Ir DEVELOPMENT BOUNDARY PROJECT SITE LEE COLLIER C II: Z RRA ~ (I) Cl Z ~ ..I LMNGSTON RD RE} --------- n THE S D It) ,.. I - 17A " 17A ORDINANCE 2006-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CONSENTING TO THE EXERCISE BY THE BOARD OF SUPERVISORS OF TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT OF CERTAIN ADDITIONAL POWERS RELATING TO PUBLIC IMPROVEMENTS AND COMMUNITY FACILITIES. WHEREAS, on July 30, 2002, the Board of County Commissioners of Collier County (the "Board"), adopted Ordinance 2002-42 establishing the Tuscany Reserve Community Development District (the "District") as a community development district within the meaning of Chapter 190, Florida Statutes; and WHEREAS, pursuant to Section 190.012, Florida Statutes, community development districts have special powers relating to public improvements and community facilities subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included within the district; and WHEREAS, the Board of Supervisors of the District adopted a resolution requesting the Board to consent to the exercise by the District of certain additional powers specified in Sections 190.0l2(2)(a) and (d), Florida Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and security, including, but not limited to, guardhouses, fences and gates, electronic intrusion- detection systems, and patrol cars; and WHEREAS, the Board acknowledges the District's desire to exercise the special powers set forth in Sections 190.012(2)(a) and (d) and that these improvements and additions will be funded solely from the District's budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board hereby consents to the exercise by the Board of Supervisors of the District of the special powers set forth in Sections 190.012(2)(a) and (d) to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; provided, however that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District's boundaries. THIS ORDINANCE ADOPTED after motion, second, and majority vote favoring same this day of , 2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRANK HALAS, CHAIRMAN Appr ved as to form and I al f'c Jeffrey . Klatzk Assistan County EXHIBIT "A" 17A TUSCANY RESERVE CDD METES AND BOUNDS LEGAL DESCRIPTION Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South Range 25 East, Collier County, Florida, LESS: The portion conveyed to Collier County, A Political Subdivision, by Warranty Deed recorded June 22, 2000, in Official Records Book 2689, Page 3368. together with: Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida, Iyin West of Interstate Highway 75, Ri<;!ht-of-way. PARCEL A and PARCEL B: TOGETHER BEING MORE P~RTICULARLY DESCRIBED AS: A parcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section 12. Township 48 South, Range 25 East. in Collier County Florida, and being more particularly described as follows: BEGINNING at Northwest Corner of Section 7, Township 48 South, Range 26 East run thence olong the North boundary of the Northwest one-quarter ci) of said Section 7, S.89052'09"E. 2420.80 feet to a point on the Westerly right-of-woy line of Interstate Highway 75 (324' Right-of-way); thence along said Westerly right-of-way line for the following three (3) courses 1) S,1 g030'43"E, 2329.79' feet to 0 point of curvature; 2) Southerly, 1892.87 feet along the arc of a curve to the right having a radius of 5567.58 feet and a central ongle of 19028'46" (chord bearing S.09046'20"E., 1883.77 feet); 3) S.00001 '57 "E. 1243.42' feet to a point on the South boundary of the Southeast one-quarter ci) of said Section 7; thence along said South boundary N.89010'15"W., 844.32 feet; thence along the South boundary of the Southwest one-quarterci) of said Section 7, N.890lO'25"W., 2627.43 feet to the Southwest corner of said Section 7; thence along the West boundary of the Southwest one-quarter ci) of said Section 7, N.00032'28"W., 2623.13 feet; thence along the West boundary of the Northwest or;\.e-quarter ci) of said Section 7, N.00030'23"W.~ 1314.18 feet; thence along the Southerly boundary of the North one-half (~), of the Northeast one-quarter ci), of said Section 12, Township 48 South, Range 25 East, S.89021'50"W., 2599.53 feet to a point on the Easterly right-of-way line of Livingston Road; thence along said Easterly right-of-way line N.00024'47"W., 1316..28 feet to a point on the North boundary of the North one-half (~) -of the Northeast one-quarter ci) of said Section 12; thence, along said North boundary, N.89025'08"E., 2597.37 feet to the POINT OF BEGINNING. Containing 461.29 acres, more or less. PREPARED BY, HEIDT & ASSOCIATES, Inc. Tampa .:. Fort Myers CIVIL ENGINEERING PlANNING SURVEYING EI'MRONMENTAl PERMrTllNG LANDSCAPE ARCHITECTURE Fort Myers om~ 3800 Colonial Parkway, #200 Fort Myers., Ronda 33912 Phone; 239-482-7275 FAX: 239-482-2103 Exhibi t llA It Page 1 of 2 ........<>..."'.......j,j.J...J. AU "0' "'I North boundary of thtf North 1/2 of thtf Northf!last 1/4 Sec:t;on '2 . ., ~ N.89'2S'08"E. ~ 1'" ,... 8~ Q ~:::.- -< =~ 0 8N Cd o~ _0 Z ~ 0 : ~ o OJ t.l Z .. .. .. ol ~ 6- ;....ro3: vtD.!. ';,ra:io N~.!. b"-c C! .....g. z PARCEL. A . NORTH , /2 OF THE NORTHEAST 1/4 OF SECTION . .:: S.89'21'SO'w. 2599.S3' o ~ South boundary of the North or the Northeast 1/4 S<!tct;on I'." LEGEND CERllFICATE OF AUTI-iORlzo..nON NO, LB 148 OR - OFFICIAL RECORDS BOOK F'.P.L.- FLORIDA POWER AND LIGHT CO. PREP)RED ,"", HEIDT & ASSOCIATES, Inc. Tampa Fort Myers CIVIL ENGINEERING PLANNING SURVEYING E~RONMENTALPERMrrnNG LANDSCAPE ARCHITECTURE Fort Myers Office 3800 Calon'~1 Siva Suit.. 200 FOl1 Myers, Floride 33912 Phone: 239-482-7275 FAX: 238-482-2103 Prepared For; WCI CO~S lNe. Dwn. RH Ck. - OWG; CDD_LGL Dote; 4/19/02 Order No.: WST-TR SECTION 7 TOWNSHIP 4B S RANGE 2G E SECTlON 12 TOWNSHIP 48 S R.<>.NGE 25 E (';()IIIF'I'I(';()'INTY FIOl'llrlA EXhibit ".L. " Paoe or 1'ija;1 r , r r , , , , , , , 12 , r , r, 'f r ill , r .t '" ;~2 It- !1-N a:i II') Wl'..[j g ::to> "" ~ci- l5 ~ ~: ...J -.l rr ~ g ~ 0 0: n.: u..: ..: "i!.. i ~, '" t, ~ ~: o .oi '" < b ~'5 o .0 z S:tI) U ;" N " ~ t .!' .0 ;., 5~ ~ ~~ '" o 0 N '" "i!.. N ", ~ ,- , . i o . -0 . !Xl _.0 N . , N :~ '" b 0 :i O~ 'II IUUU r 2000 r . SCALE: 1'" = 10001 7 A North boundr:rry o~ the Northwest 1/4 Sr!Jc:Uon 7 S.Bg.S2'09""t. 2420_80' ~ ... 't ,; ~ 1- ,; ~ ,; ~ l/I .~ ... '6. .. '" "- ~ '<.. ~ . , .. ~;a V' ~ !. '" ~ ~ "\ . ~ ~ t .~ .- ;;Jl ~~ 00 ,... '" " .. -e. 1;\ "Ill ,; o ~ i -;.. ~ PARCEL. B . AL!,... OF SECTION 7 WEST OF INTERSTATE HIGHWAY 75, RIGHT-OF-WAY .lI.=1 !r28'46" R=5567.5B T-955.56 l-lB92.87 C=1883.n C8-S.09"46'20'E. III b q o '" " , !" South boundoty of" the Southeast 1/4 SecUon 7 " ... '" :. "! O@ 'iI@ N.B9'10'2S'w. 2627.43' South boundary of' the Southwest 1/4 Sect;on 7 N.89.'O'15""W. 844.32' --- ~-2Ill"'-"'l SKETCH OF LEGAL DESCRIPTION FOR TUSCANY RESERVE 17A ~ RESOLUTION NO. ~~OJ. ' A RESOLUI10N OF TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO GRANT THE DISTRICT CERTAIN ADDITIONAL POWERS PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE 11' RESOLVED BY THE BOARD OF SUPERVISORS OF TUSCANY RESERVE COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. AUTIIORlTY FOR TIDS RESOLUTION. The Board of Supervisors (the "Board") of Tuscany Reserve Conununity Development District (thc ''District'') is authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190, Florida Statutes, as amended, its Charter (Ordinance No.02-42 adopted by the Board of County Commissioners of Collier County, Florida on August 5, 2002, (hereinafter, the "Ordinancc") and other applicable provisions oflaw (collectively, the "Act"). SECTION 2. FINDINGS, A. Pmsuant to the Ordinance, Collier County established Tuscany Reserve Community Development District (the "District") as a coaununity development district within the meaning of Chapter 190, Florida Statutes. B. The Board of Supervisors of the District now desires to adopt this resolution requesting the Board of County Commissioners of Collier County to consent by resolution to the exercise by the District of certain additional powers specified in Sections 190.012(2)(a) & (d), Florida Statutes and to submit such resolution to Collier COllnty. SECTION 3. REQUEST FOR ADDITIONAL POWERS. The District hereby requests the Board of County Conunissioners of Collier County to conscnt by resolution to the exercise by the Board of Supervisors of the District pursuant to Sections 190.012(2)(a) & (d). Florida Statutes of the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for (A) parks lUId facilities for indoor and outdoor recreational, cultural, and educational uses; and (B) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper goyenunental agencies; provided, however that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District's boundaries. The District's General Counsel and Bond Counsel are each hereby authorized to submit this resolution to Collier County, 189-, 9nn/~nn rl 777-1 C"nbJ J. ,(QIJ In1111 ,('llnn., 1011In"_llIn IJ 111".......11'1 ,..,., ''I ,. 17A SECTION 4. SEVERABILITY. Should any sentence, section., clause, part or provision of this Resolution be declared by a court of ,competent jurisdiction to be invalid, the same shall not affect the validity of this Resolution as a whole, or any part thereof, other than the part declared invalid. SECTION 5. upon its adoption. EFFECTIVE DATE. This Resolution shall be effective immediately PASSED AND ADOPTED at a meeting Reserve Community Development District this 13 of the Board of Supervisors of Tuscany day ofScl'lcuJber, 2005. ~. [SEAL] TUSCANY RESERVE COMMUNITY DE~~ Davi( alko, C i laII !liD",,\Cli_ '~ldcr'\TIC(\IIlY Re::5\ot CDOO.......l-'!'laJb Ill:!alll'io.. ~IClI~,.>tlli~."ol.........OOC 2 IIUl_J ol'ln/tlnn J "'''_1 ....,',..tdl.L ,(llllll"l"IJ 1'11""'" 111I1 1 1o"I"l_IIII'II-.I "'no!''''III ,.,., I' II 17A Statement of Estimated Regulatory Costs Proposed Amended Ordinance to the Tuscany Reserve Community Development District providing for the additional powers pursuant to Chapter 190.012(2)(a) & (d), Florida Statutes. Purpose The purpose of this Statement is to identifY the economic impacts of the adoption of the Proposed Amended Ordinance to the Tuscany Reserve Community Development District providing for the additional powers pursuant to Chapter 190.0 I 2(2)(a) & (d), Florida Statutes. This Statement of Estimated Regulatory Costs is prepared in accordance with the requirements of Chapter 120.541, Florida Statutes. 1.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the amended ordinance, together with a general description of the types of individuals likely to be affected by the amended ordinance. The principal entities that are likely to be required to comply with the ordinance include the District, the State of Florida, the County and the master property owner association. In addition, existing and future homeowners and their visitors and guests in the Tuscany Reserve community will also be affected by the amended ordinance. The Tuscany Reserve community is expected to contain 309 residential units when completed 2.0 Good Faith estimate ofthe cost to State and local government entities, of implementing and enforcing the proposed amended ordinance, and any anticipated effects on State and local revenues. There will be no additional costs to the State or local government, since the Tuscany Reserve CDD already has been established by prior ordinance. The amended ordinance provides for additional powers only which will not add to the costs of the State or local government jiJr implementing same, except for the County's costs to review and adopt the petition, which costs have either been pre-paid or the direct cost re-imbursed by the petitioner. The amended ordinance which provides for expanded powers for the District will not have any effect ohState and local revenues, except to the extent that the District purchases goods and services which may be exemptfrom the State's sales tax and to the extent that any of the District's personal property is exemptjYom Tangible Personal Property taxes. The District in implementing the additional powers will incur additional and recurring annual expenses to operate and maintain the facilities, equipment and services that could be provided by the additional powers. The District in order to 17A ., fimd the additional cost will impose additional non ad-valorem assessments on the property owners within the District, however, these additional District revenues are expected to be offset by corresponding reductions in expenses and assessment revenues by the Tuscany Reserve Master Homeowners Association, the entity currently providing for similar services to the property owners in the community. 3.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the costs of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and costs of monitoring and reporting. Transactional costs to the local governmental entities, specifically Collier County, are discussed in Item 2 above and involve the review and adoption of the petition. These costs have either been prepaid or the direct costs re-imbursed by the petitioner. Otherwise, there are no recurring transactional costs to local governmental entities. The transactional costs to individuals and entities will apply only to the property owners within the boundaries of the Tuscany Reserve CDD and any facilities or services which the District provides pursuant to the additional powers will be included in the annual non-ad-valorem assessments. The additional powers granted to the District are not likely to require imposition offilingfees, licensing, additional equipment, operational cost requirements on the part of individuals or entities. In considering the transactional costs that may be paid by those affected by the proposed additional powers granted to the Tuscany Reserve CDD, three points are important First, unlike most other situations, IOO% of the costs that will be funded by the District will be incurred in any event. That is because, if the District did not provide the facilities or services, then either the Developer or Master Property Owners Association would provide the facilities or services with those benefited parties payingfor those same facilities or services. Second, State Law requires that prospective property owners in the Tuscany Reserve community are disclosed that the District exists and may impose assessments on the benefited property. And third, the District must conduct its annual budget approval and adoption process in open, publicly advertised meeting and provide for comment and input from the public. 17A 4.0 An analysis of the impact on small businesses as defined by s.288.703, and an analysis of the impact on small counties and small cities as defined by s,120.52. Approval of the petition for additional powers for the Tuscany Reserve Community Development District will have only incidental impact on small businesses, and it is positive. The District must operate according to Florida's "sunshine" laws and the District must follow the competitive bids requirements of chapter 190.033 for the goods and services it will purchase, As a result, small businesses may be better able to compete for District business. Florida Statutes defines "small county" as a population of 75, 000 persons or less, therefore Collier County is not a small county by definition. 5.0 Any additional information that the agency determines may be useful. There is no additional information. 1 7 A ", FAX TO: ~ FAX NO: COMMENTS: ~ K~Qj~ CJj~~~ FROM: Heidi Rockhold LOCATION: MINUTES & RECORDS FAX NO: (239) 774-8408 PHONE NO: (239) 774-8411 DATE SENT: \ \ ZrJ ) () lp TIME SENT: q -, ~D Q, rY\ . # OF PAGES: d-- (INCLUDING COVER SHEET) TRANSMISSION VERIFICATION REPORT 17A TIME 01/27/2005 09:30 DATE. TIME FAX NO. 1 t.lAME DURATION PAGE(S) RESULT MODE 01/27 09:29 92534703 00:00:50 02 OK ST At,DARD ECM 17A January 27, 2006 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Tuscany Reserve CDD Amendment Dear Legals: Please advertise the above referenced notice on Friday, February 3, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O.lAccount # 111-138317-649110 Heidi R. Rockhold 17A From: Sent To: Subject Heidi R. Rockhold Friday, January 27,20069:31 AM 'Iegals@naplesnews.com' Tuscany Reserve COO Amendment Attachments: Tuscany Reserve COO.doc; Tuscany Reserve COO.doc; Tuscany Reserve COO(1 ).doc Legals, Please advertise the above mentioned notice on Friday, Februat:v 3, 2006. I will befaxing the mentioned site map. ~ ~ ~ Tuscany Reserve Tuscany Reserve Tuscany Reserve CDD.doc (30 KB... CDD.doc (27 KB... CDD(l).doc (39... If you have any questions, please call. Thank you, Heidi R, Rockhold Clak to the Board of Count)' Commissioners Minutes alld Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl.us) Heidi Rockhold 17A ~:i", Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Friday, January 27,20069:31 AM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT2825938.txt; Tuscany Reserve COD Amendment [] B] ATT2B2593B.txt (231 B) Tuscany Reserve COD Amendment This is an automatically generated Delivery Status Notdication. Your message has been success/idly relayed to thef(Jllowing recipicnts, hut the requested delivery status IlOtijications may not be generated hy the destination. legals@.naplesnews.com Heidi Rockhold Tuscany Reserve CDD Amendment Page 1 of 1 Heidi R. Rockhold 17A From: Sent: To: Perrell, Pamela [paperrell@naplesnews.com] Friday, January 27,200610:02 AM Heidi R. Rockhold Subject: RE: Tuscany Reserve COO Amendment OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us] Sent: Friday, January 27, 2006 9:31 AM To: legals@naplesnews.com Subject: Tuscany Reserve COD Amendment Legals, Please advertise the above mentioned notice on Friday, February 3, 2006. 1 will be/axing the mentioned site map. <<Tuscany Reserve COD. doc>> <<Tuscany Reserve COD. doc>> <<Tuscany Reserve COO (1 ).doc>> fj"you have any questions, please call. Thank you, Heidi R. Rockhold Clerk to the Board of County Commissioners /VIinutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi.roekho/d@clerk.eo//ierjl.us) 1/27/2006 Tuscany Reserve CDD Amendment Ad Page] of] Heidi R. Rockhold 11A ,,>....., From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Friday, February 03, 2006 9:07 AM To: Heidi R. Rockhold Subject: RE: Tuscany Reserve COD Amendment Ad Yes it did; page 11 B. -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collier.fl.us] Sent: Friday, February 03, 2006 9:01 AM To: legals@naplesnews.com Subject: Tuscany Reserve COD Amendment Ad Legals, Please confirm that this ad ran today. I am not able tofind it on the website and it was scheduled Thank you, Heidi R. Rockhold Clerk to th" Board of" County Commission"rs Minutes and Records f)"partlllent (Phon,,) 239-774-8411 (Fax) 239-774-8408 (heidi.rockhold@clerk.collier.fl.us) 2/3/2006 [ I' ,I I; I I ! 1 I 1 '! o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they . serve as the Assistant Corporate Secretary of the Naples Dmly, a dailv newspaper published at Naples, m CollIer County. Flori~; distributed in Collier and Lee counties of F1onda; that the attached copy of the advertising, bemg a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper timers) in the issue February 3rd, 2006 Afliant further says that the said i\aples Daily News is a newspap~r published at ~aples, in said Collier County, Flori~ an~ tha~ th: sa.,d newspaper has heretofore been cont.inuously pubhsh:d III ~ld ~olllcr County. Florida; distributed In Colher and Lee co~n1tes of Florida, each ility and has been entered as second class,mal] matter ~t the Fost office in ~aples. in said Collier County, Flonda, for a penod of ! year next preceding the first publication of the atta,ched co~y ot advertisement" and affiant further says that he has neIther paid nor promised an; person, firm or corporation any discount, .r.:hate, commission ~r refund for the purpose of securing this advertisement for puhlication in the s~ap.:r. ;1. ( SignatUre of affiant) Sworn to and subscribed before me This February 3rd, 2006 7 'l (Signature of notary public) ) 1006\ D'":.;-"- Harriett Bushon) :'<'1 COMMISSION # DD23468! EXPIRES . Ju~ 24, 2007 l',:'~DED THHU T~OY fAIN INSURANCE, INC -;:,_i.. 17A PUBLIC NOTICE PUBLIC NOTICE "\ 1'1' ;; 'J -~ .!~, , - - The Board's consideration of the COO amend- ment will comply with Section 190.012, El2i:Ism SIaIuW, in conducting this Public Hearing. The purpose of1his hearing is to consider impiement- Ing additionai powers for park, recreational fa- cilities and security, per 190.012(a) & (d),EiQrkIa SIaIuW, by adoption of an ordinance. On January 5, 2006, acting agent GragQry L. Urbancic, of Goodlelte Coleman & Johnson, P.A., officially submitted and flied its COD pe- t~ion amendment request to Collier County, for wIlIChthe 8mendrnenlfee 18 part of the Inltlai $'15,000.00 paid to establish Tuscany Reserve COD. The district will be responsible for absorb- Ing the advertising cost, upon County's receipt of the Invoice. All interested parties are invited to appear and be heard. Copies of the proposed COD Amend- ment are available for Inspection at the Collier County Clerk's OffIce, 4th Floor, Administration Building, County Govemment Center, East Na- ples, Florida; and at Comprehensive Planning Department, 2800 N. Horseahoe 0",,- Naples, Florida between the hours of 8:00 AM. and 5:00 P.M., Monday through Friday, Any QUl8t1on1;j1f1la1nlng to these documents should be directed to lhfCo"lII'lfl.~~ClIpartment.~QOfl1l1tentI flied with the Clerk to the Board's Office prior to February 14, 2006, will be read and CO['IIldared at the public hearing. If a person dac~toap~any declaion.meda, by the ~ of County Commissioners with respect to any matter conafdaredlllsuch meeting or hearing, tMiwlJlnled a'record Otlllllprocaedlng, and for such purpose he may need to ensure that a ve~tim record of the Proceedings Is made, whlcb record Includes tha testimony and evidence upon which the.~r.'to'lieblsild.' ;' ,,;' . ... .' . February 3, 200B ' Tuecany Reserve Community Development District David S81ko, Chalnnan BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: /sIPatrlcla Morgan, Daputy Clerk PUBLIC Hl!AAtNGlMK No Q~8QRlU FSb'1J8ii1~