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Agenda 03/28/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 28, 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 10 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor David Swicegood, Marco Presbyterian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. February 28, 2006 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Gregory Tavernier, Water Department B. 25 Year Attendees 1. Nery Anderson, Building Review and Permitting 2. Timothy Billings, CDES Graphics Department 4. PROCLAMATIONS A. Proclamation designating April as being Water Conservation Month. To be accepted by Paul Mattausch, Water Department Director. B. Proclamation proclaiming April 19, 2006 as Distinguished Public Services Awards Day. To be accepted by Patrick O'Connor. C. Proclamation proclaiming March 28, 2006 as Lely High School Mock Trial Team Day. To be accepted by Mr. Rick Bruno, teacher at Lely High School. D. Proclamation designating March 28, 2006 as The Barron Collier High School Girls Basketball Championship Day. To be accepted by: Coach Mike Hamburger E. Proclamation designating the week of May 5-9,2006 as Battle of Coral Sea Week, a 1942 World War II battle. To be accepted by Dr. William Roy. 5. PRESENTATIONS A. Recommendation to recognize Renee Finsterwalder, Compensation Analyst, Human Resources Department, as Employee of the Month for March 2006. 6. PUBLIC PETITIONS A. Public Petition request by Sal Soldano to discuss relief of liens and/or payment interest on property received from a Collier County Tax Certificate Sale. B. Public Petition request by Steve Kirk to discuss proposed affordable housing development "The Reserve at Eden Gardens". C. Public Petition request by Sharon I. VanSlyke to discuss flooding in Quail Hollow. Page 2 of 10 Item 7 and 8 to be heard no sooner than 1 :00 ".m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. SE-2006-AR-9097, Scriveners Error Petition to correct the legal description that replaces and supersedes Resolution No. 2005-432, which granted an after-the-fact variance for a 5.3-foot encroachment into the required ten (10) foot rear yard (accessory) setback, on a waterfront lot at 175 Bayview Avenue. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2005-AR-8693; Eberhard Thiermann, represented by Richard D. Yovanovich, of Goodlette, Coleman, & Johnson, P.A., is requesting a variance from the required 10-foot rear setback for a screen enclosure of 3.2 feet in the RSF-3 zoning district. The subject property is located at 117 Channel Drive, in Section 29, Township, 48, Range 25, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This amendment of the Affordable Housing Density Bonus (AHDB) Rating System is continued from the February 28, 2006 public hearing of LDC Amendment 2005 Cycle 2. The Board directed that staff provide data to support the requested increase in bonus unit awards across the levels of affordable housing income provided for in section 2.06.03 Table A. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. B. Appointment of member to the County Government Productivity Committee. C. Discussion by the Board of County Commissioners to direct County Attorney staff to draft a resolution to allow a Commissioner to request investigation of County business by the Clerk of Courts. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Historical and Archaeological Preservation Board, Lake Trafford Restoration Task Force, Land Acquisition Advisory Committee and Public Vehicle Advisory Committee. (Michael Sheffield, Assistant to the County Manager) B. Recommendation to approve amendment number four (4) for a Guaranteed Maximum Price (GMP) of $1,716,800 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the construction of the Courthouse fourth floor renovations, project number 52004. (Len Price, Administrator, Administrative Services) C. Recommendation to adopt a superseding resolution authorizing condemnation of fee simple interests for the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, temporary construction easements and temporary driveway restoration easements, which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (Project No. 62081) (Estimated fiscal impact: $14,180,000) (Norman Feder, Administrator, Transportation Services) Page 3 of 10 D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 32, Project No. 60091). Estimated fiscal impact: $10,918,000. (Norman Feder, Administrator, Transportation Services) E. Report to the Board on a 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, Administrator, Community Development and Environmental Services Division) F. Recommendation to approve four Fringe Benefit Program initiatives for non-bargaining unit employees in order to combat turnover and to improve the recruitment and retention of employees. (Len Price, Administrator, Administrative Services) G. Recommendation that the Board authorize the advertisement of a public hearing in regard to increasing Collier Area Transit (CAT) bus fares to be scheduled on May 23, 2006. (Norman Feder, Administrator, Transportation Services) H. Recommendation to award Contract 06-3924 to Douglas N. Higgins Inc., in the amount of $4,369,400, for the construction of a Reclaimed Water Aquifer Storage and Recovery System, approve Work Order HDR-FT-3785-06 under Contract 05-3785 with HDR, Inc. for construction engineering inspection services, in the amount of $167,800, and approve the necessary budget amendment for Project 74030. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item was continued from the January 24, 2006 BCC Meeting and was further continued from the February 14, 2006 BCC Meeting to the March 28, 2006 BCC Meeting. 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. B. Recommendation that the Board of County Commissioners approve a mediated settlement providing for the purchase of the remainder property, full compensation for the acquisition of Parcel 178, and attorneys fees in the case styled Collier County v. Teodoro Gimenez, et al., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051). (Total Fiscal Impact: $1,534,876) 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2005. A copy of the 2005 Comprehensive Annual Financial Report has been given to each Commissioner. A copy is available for viewing at the Clerk of the Circuit Court's Finance and Accounting Office. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 4 of 10 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve for recording the final plat of Pine Air Lakes Unit Six. 2. Recommendation to approve for recording the final plat of Caldecott, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. Recommendation to award RFP #05-3888 Development of a Final Management Plan for the Railhead Scrub Preserve, a Conservation Collier property, and a template for a Final Management Plan that can be applied to all Conservation Collier Preserves, at a cost of $38,821 to URS Corporation Southern. 4. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Banyan Woods The roadway and drainage improvements will be privately maintained. 5. CARNY-06-AR-9339, Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee, requesting a permit to conduct a carnival on April 3rd through April 6, 2006, in the Immokalee Regional Airport located at 165 Airport Boulevard. 6. Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 1199 relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. 7. Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1984 relating to Cable Television and video programming services, prohibiting the requiring of in-kind contributions from cable television franchises, to include supporting the use or construction of public, educational or government (PEG) access facilities. 8. Recommendation to adopt a Resolution opposing enactment into law proposed United States (U.S.) Senate Bill 1504 relating to Cable Television and video programming services, preempting all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way 9. A request that the Collier County Board of County Commissioners approve LDC Special Cycle 2006 1a, to amend the Bayshore and Gateway Triangle Mixed Use District (MUD) Overlays with the addition of an administrative deviation process. These overlays were recently adopted to guide redevelopment in the Bayshore/Gateway Community Redevelopment Area. B. TRANSPORTATION SERVICES 1. Recommendation to award Contract #06-3905 Fixed Term Road Safety Audit Services" to three firms at an estimated cost of $180,000 annually. 2. Recommendation to accept a quitclaim deed for Livingston Road and Radio Road rights-of- way. No fiscal impact. 3. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the Collier County Transportation Disadvantaged Program in the amount of $26,804.73. Page 5 of 10 4. Recommendation to approve Change Order No.2 to Professional Services Agreement No. 04- 3587 in the amount of $398,713 for additional engineering services with American Consulting Engineers of Florida, LLC for design additions and modifications to the County Barn Road expansion project from Rattlesnake Hammock Road to Davis Blvd., Project No. 60101. 5. Recommendation to approve the Department of the Army Corps of Engineers permit for the Haldeman Creek Dredging Project. C. PUBLIC UTILITIES 1. Recommendation to award Contract 05-3838R, Land Development, Conditional Use Rezone, and Permitting Services for the Solid Waste Park for Collier County, with Post, Buckley, Schuh & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the amount of $569,049. 2. Recommendation to authorize conveyance of an Easement to Florida Power & Light Company (FPL) for the installation of underground electric facilities to provide electric service to the South County Regional Water Treatment Plant 12-MGD Reverse Osmosis Expansion (SCRWTP 12-MGD RO Expansion), at a cost not to exceed $27.00, Project Number 700971. 3. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $68.50 to record the Satisfactions of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has received payment and said Lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions ofUen. 6. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 7. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 8. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 9. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $100.00 to record the Satisfactions of Lien. 10. Recommendation to award construction Work Order UC-195 under fixed term Underground Utilities Contract 043535 to Mitchell and Stark, Inc. in the amount of $110,000 for the removal of the emergency storage bleach facility, and to award Work Order CHM-FT -3291-06-02 under Fixed Term Engineering Services Contract 01-3291 to CH2M HILL, Inc. in an amount of $46,900 for Time and Materials to provide Construction Engineering Inspection services to serve the North County Water Reclamation Facility (NCWRF), and approve the necessary Budget Amendments in the amount of $156,900, Project Number 73966. Page 6 of 10 11. Recommendation to authorize the purchase of sole-source equipment, for specific rehabilitation projects in the amount not to exceed of $281,000 for the North County Water Reclamation Facility Rehabilitation, Project 725321. 12. Recommendation to award Work Order CAE-FT-3785-06-02 with Carollo Engineers, P.C. for professional engineering services for High Pressure Reverse Osmosis Demonstration Scale Testing at the North County Regional Water Treatment Plant (NCRWTP) in the amount of $264,900, Project Number 70094. 13. Recommendation to award Work Order CDM-FT-3785-06-07 with Camp, Dresser, and McKee, Inc., for professional engineering services for the proposal and writing services of up to 24 grant application submittals to the South Florida Water Management District (SFWMD) and Big Cypress Basin (BCB) for the Lower West Coast Water Supply Plan (LWCWSP) in relation to the Alternative Water Supply (AWS) Funding, and approve the necessary Budget Amendments in the amount of $99,850 for Project Number 75009. D. PUBLIC SERVICES 1. Recommendation to approve the creation of a Trust Fund to distribute available funding to citizens affected by future natural disasters and to create an Individual Care Coordinating Council for managing the distribution of these funds. 2. Recommendation to accept a grant in the amount of $18,230 and approval of an agreement between Collier County Board of Commissioners, the South Florida Water Management District, for the continuation of the Florida Yards & Neighborhoods program through Collier County University Extension. 3. Recommendation that the Board of County Commissioners Authorize the Public Services Administrator to Sign the Annual Application for Funding from the United Way Thru the 4H Foundation 4. Recommendation to award Bid #06-3936 for food for the summer meal program for Parks and Recreation to Cheney Brothers, Inc. at an estimated cost of $150,000 5. Recommendation to approve a budget amendment appropriating $35,000 from reserves to fund the initial environmental site assessment and remedial action in response to the fuel spill at Caxambas Park. 6. Recommendation to approve a budget amendment appropriating $200,000 from reserves to fund the installation of a new fuel system at Caxambas Park. E. ADMINISTRATIVE SERVICES 1. Recommendation to award contract #06-3914, Construction Management at Risk Services for the Collier County Fleet Facilities, to Wright Construction Corp., projects 52009 and 35010, in the amount of $44,070 for pre-construction services, and to approve a professional services work order with CH2MHill for construction inspection and oversight in the amount of $293,380. 2. Recommendation to award Bid No. 06-3890 for the purchase of irrigation parts to Boynton Pump and Irrigation Supply, Inc. and Florida Irrigation Supply. 3. Recommendation to approve a plan to provide temporary residential housing for new County hires and/or interns. 4. Authorize the release of Work Order #PBS-02-52, in the amount of $178,450.00, issued to Wall Systems Inc. of South West Florida, doing business as Professional Building Systems (PBS). This work order is for remodeling the Risk Management clinic and office areas in Building D and is issued under Annual General Contractor Contract RFP # 02-3349. 5. Recommendation to approve a budget amendment to Fund 516, Property and Casualty Insurance, in the amount of $12,530,280 to pay the cost of property insurance claims related to Hurricane Wilma and to recognize corresponding reinsurance and FEMA recoveries in the amount of $12,492,780. Page 7 of 10 F. COUNTY MANAGER 1. Recommendation that the Board of County Commissioners award Bid #06-3951 Horticulture Debris Hauling and Disposal to Wherry Truck Lines, Inc., for Pelican Bay debris cleanup. 2. Recommendation to approve a Modification to the Fiscal Year 2006 Emergency Management Preparedness & Assistance Grant accepting $42,018 and approve a Budget Amendment to recognize and appropriate the revenue. 3. Recommendation to approve a Budget Amendment and authorize negotiation of a Professional Services Work Order with BSSW Architects (Contract #01-3235) not to exceed $78,000 and authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates (Contract #01-3290) not to exceed $110,000 for a new Emergency Medical Services facility, Project #55160. 4. Recommendation to reallocate real property purchased under the Vanderbilt Beach Road 6- laning project (Project No. 63051) to Collier County Emergency Medical Services to utilize for the construction of EMS Station 72, Project 55150, approve a Budget Amendment in the amount of $420,000 and authorize negotiation of a Professional Services Work Order with BSSW Architects not to exceed $40,000 and Q. Grady Minor & Associates not to exceed $130,000. 5. Recommendation that the Board of County Commissioners award Bid #06-3948 Oakmont Retaining Wall in Pelican Bay to International Contracting, LLC. and to approve a budget amendment in the amount of $134,800.00, project 51104 and to authorize the Chairman to sign the standard contract after review by the County Attorney. 6. Recommendation to approve a Budget Amendment to fund the balance of replacement ambulances for the Emergency Medical Services Department in the amount of $171,000. 7. Approve budget amendments. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. To approve and execute Site Improvement Grant Agreements between the Collier County Community Redevelopment Agency and grant applicants within the Bayshore Gateway Triangle Community Redevelopment area. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests approval for reimbursement for prepaying $40.00 to attend and speak at the 3RD Annual Florida Tradeport Briefing and Barbecue sponsored by the Economic Development Council of Collier County on March 31, 2006, to be paid from his travel budget. 2. Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose. Commissioner prepaid to attend the Leadership Collier Class of 2006 Graduation Ceremonies on May 10,2006 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 3. Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend the Marco Island Civil Air Patrol Celebration on April 10th, 2006 at the Marco Island Presbyterian Church; $15.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose to attend Naples Alliance for Children Annual Advocacy Dinner on Wednesday, April 5, 2006; $35 to be paid from Commissioner Halas' travel budget. Page 8 of 10 I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation that the Board of County Commissioners authorize the Clerk's Office to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004-2005 as required by Florida Statute 218.32. A copy of the State of Florida Annual Local Government Financial Report for the Fiscal year 2004-2005 is available for viewing at the Clerk of the Circuit Court's Finance and Accounting Office. 2. Recommendation that the Board of County Commissioners authorize the transfer of funds collected under Ordinance 04-42 to the Clerk of Courts to fund the second year of the Collier County Juvenile Assessment Center Agreement with the David Lawrence Center. K. COUNTY ATTORNEY 1. Recommendation to approve a Stipulated Final Judgment for Parcels 166A and 166B in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02-5166-CA (Immokalee Road Project No. 60018). (Fiscal Impact $94,153.50) 2. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et aI., Case No. 02-1702-CA (Goodlette-Frank Road Project 60134). (Fiscal Impact $210,980.43) 3. Recommendation that the Board of County Commissioners Authorize the County Attorneys Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Golden Gate Nursery, Inc. resulting from the Acquisition of Parcel 140 in the Case Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05-1033-CA (CR 951, Collier Boulevard, Project #65061) (Fiscal Impact, if accepted is $162,500) 4. Recommendation that the Board of Collier County Commissioners approves a Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of lien arising out of Code Enforcement Board Case No. 2006-04. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT2005-AR8891 to disclaim, renounce and vacate the County's and the Publics interest in a Portion of Tract R and a portion of a 10 foot utility easement according to the plat of Creekside Commerce Park Unit Two as recorded at Plat Book 35, Pages 43 through 44, Public Records of Collier County, Florida. Page 9 of 10 B. An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-75, as amended, The Public Vehicle for Hire Ordinance, by amending Subsection 142-52(6) to grandfather two (2) Vehicle For Hire businesses currently certificated by the Public Vehicle For Hire Advisory Committee that had taxi, cab or taxicab in its trade name as of December 11, 2002 but do not provide mileage metered service; also amending Subsection 142-54 (A) (10) to delete the now outdated requirement to provide a notarized copy of proof of advertising for a fictitious name. C. Recommendation that the Board of County Commissioners consent to the request of the Board of Supervisors of the Wentworth Community Development District and adopt an ordinance amending Ordinance No. 2004-37 in order to correct an error in the metes and bounds legal description of the Wentworth Community Development District. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 10 of 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 28. 2006 Item 3B: Should read: "30 Year Attendees". Both Nery Anderson and Timothy Billings are receiving 30-year service awards. (Staff's request.) Withdraw Item 6B: Public Petition request by Steve Kirk to discuss proposed affordable housing development "The Reserve at Eden Gardens". (Petitioner's request.) Move Item 7A to Item 17D: SE-2006-AR-9097, Scriveners Error Petition to correct the legal description that replaces and supersedes Resolution No. 2005-432, which granted an after-the fact variance for a 5.3 foot encroachment into the required ten (10) foot rear yard (accessory) setback, on a waterfront lot at 175 Bayview Avenue. (Staff's request.) Continue Item 9C Indefinitelv: Discussion by the Board of County Commissioners to direct County Attorney staff to draft a resolution to allow a Commissioner to request investigation of County business by the Clerk of Courts. (Commissioner Henning request.) Item 10C: The fiscal impact is identified as $14,180,000 in the agenda index, but is identified as $5,693,500 in the actual executive summary. The correct fiscal impact is $5,693,500. (Staff's request.) Continue Item 13A Indefinitelv: Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2005. A copy of the 2005 Comprehensive Annual Financial Report has been given to each Commissioner. A copy is available for viewing at the Clerk of the Circuit Court's Finance and Accounting Office. (Staff's request.) Move Item 16A6 to 101: Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 1199 relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. (Commissioner Halas' request.) Move Item 16A7 to 10J: Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1984 relating to Cable Television and video programming services, prohibiting the requiring of in-kind contributions from cable television franchises, to include supporting the use or construction of public, educational or government (PEG) access facilities. (Commissioner Halas' request.) Move Item 16A8 to 10K: Recommendation to adopt a Resolution opposing enactment into law proposed United States (U.S.) Senate Bill 1504 relating to Cable Television and video programming services, preempting all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way. (Commissioner Halas' request.) Item 16C13: The amount in the title on the agenda index should read "$99,955" (rather than $99,850). All backup material is correct. (Staff's request.) Move Item 16D1 to 10L: Recommendation to approve the creation of a Trust Fund to distribute available funding to citizens affected by future natural disasters and to create an Individual Care Coordinating Council for managing the distribution of these funds. (Commissioner Henning's request.) Move 16F3 to 10M: Recommendation to approve a budget amendment and authorize negotiation of a Professional Services Work Order with BSSW Architects (Contract #01-3235) not to exceed $78,000 and authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates (Contract #01-3290) not to exceed $110,000 for a new Emergency Medical Services facility, Project #55160. (Commissioner Henning's request.) Move 16F4 to 10N: Recommendation to reallocate real property purchased under the Vanderbilt Beach Road 6-laning project (Project No. 63051) to Collier County Emergency Medical Services to utilize for the construction of EMS Station 72, Project 55150, approve a budget amendment in the amount of $420,000 and authorize negotiation of a Professional Services Work Order with BSSW Architects not to exceed $40,000 and Q. Grady Minor & Associates not to exceed $130,000. (Commissioner Henning's request.) Continue Item 16J1 Indefinitelv: Recommendation that the Board of County Commissioners authorize the Clerk's Office to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004-2005 as required by Florida Statute 218.32. A copy of the State of Florida Annual Local Government Financial Report for the Fiscal year 2004-2005 is available for viewing at the Clerk of the Circuit Court's Finance and Accounting Office. (Staff's request.) Item 17B: The last sentence in Section One, which is a revision to Subsection (6) in Section 142.52 of the Collier County Code of Laws and Ordinances (the same being part of Section One of Collier County Ordinance No. 2001-75, as amended), should be stricken through. This sentence reads as follows: "Each person or entity planning to operate under a fictitious name shall attach to the application a notarized copy of the newspaper notice published in accordance with Section 865.09. Florida Statutes". (Staff's request.) Note: Item 16E2: Staff is recommending award to Florida Irrigation Supply as primary and Boynton Irrigation and Supply, Inc., as secondary vendor for the purchase of irrigation parts and related items. (Executive Summary did not state order of primary and/or secondary vendor.) (Staff's request.) Item 17D (Drevious Item 7A): This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. (Staff's request.) Time Certain Items: Item 10A to be heard at 11:00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Historical and Archaeological Preservation Board, Lake Trafford Restoration Task Force, Land Acquisition Advisory Committee and Public Vehicle Advisory Committee. Item 12B to be heard at 10:00 a.m. Recommendation that the Board of County Commissioners approve a mediated settlement providing for the purchase of the remainder property, full compensation for the acquisition of Parcel 178, and attorneys fees in the case styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051, total fiscal impact $1,534,876). Agenda Item No. 4A March 28,2006 Page 1 of 2 -" PROCLAMATION WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State of Florida, Water Management Oistricts and Collier County are working together to increase awareness about the importance of water conservation; and, WHEREAS, Collier County and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and, WHEREAS, Collier County has always encouraged and supported water conservation through various educational programs and special events; and, WHEREAS, every business, industry, school and citizen can make a difference when it comes to conserving water; and, WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community. ~- NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of April be recognized as Water Conservation Month Collier County, Florida is calling upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to conserve water. [)ONE ANO OROEREO THIS 28th Day of March, 2006. BOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK -. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Agenda Ilem NQ. 4A Mardi 28. 2006 Page 2 of 2 Proclamation designating April as being Waler ConservatIOn Month. To be accepted by Paul Matt311sch, Water Department Director 3/28/20069:00:00 AM Prepared By Paula Springs Board of County Commissioners Executive Aide to the BCC Bee Office Date 3/20/20064:32:31 PM Approved By Sua Filson Board of County Commissioners Executive Manager to the Bee Bee Office Date 3120(20064:52 PM Approved By Leo E, O~hs, Jr, Board of County Commi$sion&rs Deputy County Manager County Manager's Office Date 3120/2006 6:07 PM WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Agenda Item No. 48 March 28, 2006 Page 1 of 2 PROCLAMATION the Greater Naples Chamber of Commerce, in cooperation with the Naples Daily News, is celebrating "Distinguished Public Services Awards Day"; and, an individual from law enforcement, fire, and emergency services will be selected for this award based on achievement above the norm, and/or generous individual acts throughout the year; and, these recipients will be awarded at a breakfast event on April 19th, to be held at The Naples Hilton and Towers in Naples; and, nominations for these awards have been solicited by The Naples Daily News through advertisements and through the various department officers'; and, the individuals will be chosen by an anonymous selection committee. - NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 19, 2006 be designated as DISTINGUISHED PUBLIC SERVICES AWARDS DAY when these outstanding public employees will be recognized for their outstanding commitment to our community. DONE AND ORDERED THIS 28th Day of March, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK - Agendilltem No. 4B March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4B Meeting Date: Proclamation proclaiming April 19, 2006 as DistingUIshed Public ServIces Awards Day, To be accepted by Patrick O'Connor 3,'28/20069:00:00 AM Prepared By Paula Springs Board of County Commissioners Executive Aide to the BCe Date Bce Office 3/20120064.36:38 PM Approved B}' Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 3/2012006 4;52 PM Appro,'ed By Leo E, Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 3/20J2006 5:11 PM Agenda Item No. 4C March 28. 2006 Page 1 of 2 A- PROCLAMATION WHEREAS, on February 24 and 25, 2006, the Lely High School Mock Trial Team competed against Canterbury School and Charlotte High School in the 20th Judicial Circuit Mock Trial Championship at the Lee County Justice Center in Fort Myers: and, WHEREAS, Ruth Damys, Jonathon Cooper, Kristen Cooke, Chrisandra Downer, Nancy Spector, Leah Litvak, Stephanie Tears and Jessica Octavien led the way in defeating Canterbury School at the regional level to advance to the state tournament: and, WHEREAS, Ruth Damys earned the Best Attorney award for both the prosecution and defense, Chrisandra Downer earned the Best Witness award for both prosecution and defense, and Kristen Cooke earned Best Closing Argument: and, -- WHEREAS, the Lely High School Mock Trial Team will represent the 20th Judicial Circuit at the state championship in Orlando from March 30 through April 1: and, WHEREAS, the team will bring a perfect 10-0 record in match play to the tournament: and, WHEREAS, participating in mock trial competitions provides students with an excellent understanding of American legal processes, while building self-esteem, teamwork and developing public speaking skills. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 28, 2006, be designated as Lely High School Mock Trial Team Day DONE AND ORDERED THIS 28th Day of March, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: - DWIGHT E. BROCK, CLERK Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C Agenda Item No. 4C March 28. 2006 Page 2 of 2 Proclamation proclaiming March 28. 2006 as Lely High Scrlool Mock Trial Team Day_ To be accepted by Mr. Rick Bruno. teacher at Lely f-hgh School 3/28/2006900:00 AM Prepared By Paula Springs Board of County Commissioners Executive Aickl to the BCe Date Approved By Sue Filson Board of County Commissioners Bce Office 3/20120064:46:07 PM Approved By Leo E, Ochs, Jr. Board of County Commissioners Executive Manager to the Bee Date Bee Office 3/20120064:53 PM Deputy County Manager Date County Manager's Office 3120120065:16 PM Agenda Item No. 40 March 28, 2006 Page 1 of 2 ."-^ PROCLAMATION WHEREAS, on Friday, February 24, 2006 the Barron Collier High School Girls basketball team won the Class 5A State Basketball Championship in Lakeland, Florida: and, WHEREAS, Allison Naretta, Brittany Benson, Morgen Aston, Courtney Jacob, Shalana Stice, McKenzie Gatz, Dani Johnson, Karady Gatz, Erin Zampell, Lauren Welch, Kelsey Assarian, Kasey Will and Breon Spiro: along with their Coach, Mike Hamburger, and assistants Mike Slaughter, George Gabourel and Ethan Bulger brought this team to a victory with a score of 43 - 36 against the No. 1 ranked Winter Haven Blue Devils: and, WHEREAS, the Barron Collier High School Girls basketball team ended their season 31 - 2, winning their last 18 games: and WHEREAS, the Barron Collier High School Girls Basketball team has never won this championship in the 84-year history of its sport: _. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 28, 2006, be designated as The Barron Collier High School Girls Basketball Championship Day DONE AND ORDERED THIS 28th Day of March, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK -- Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 40 Agenda Item No. 4D March 28. 2006 Page 2 of 2 Proclamation designating March 28. 2006 as The Barron Collier Higt1 School Girls Basketball Championship Day To be accepted by: GOBen Mike Hamburger 3128/20069:00:00 AM Date Prepared By Paula Springs Board 01 County Commissioners Executive Aide to the BCe Bee Office 3/20/20064:53:41 PM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the Bee Bce Office 3120(20064:53 PM Date Approved By Leo E, Dchs, Jr. Board of County Commission!!'", Depuly County Manager County Manager's Office 3/20/20065:15 PM Agenda Item No. 4E March 28, 2006 Page 1 of 3 PROCLAMATION WHEREAS, from May 4-8, 1942, the American and Australian Navies fought together in the Baffle of the Coral Sea, the first of the Pacific War's six battles between opposing aircraft carrier forces, to defeat the Japanese from capturing Port Moresby and ending Japanese expansion southward; and, WHEREAS, the Australian military provided crucial military intelligence that allowed both U.S. and Australian forces to adequately prepare for battle; and, WHEREAS, on May 1, 1942, HMAS Australia and HMAS Hobart departed Sydney under orders to join United States aircraft carriers USS Lexington and USS Yorktown; and, WHEREAS, the Battle of the Coral Sea was the first sea battle in history where none of the opposing ships were within gunfire range, with all damage to the ships being inflicted by aircraft; and, WHEREAS, during the battle, the Japanese military unsuccessfully attacked the HMAS Australia and HMAS Hobart, while severely damaging the USS Yorktown and USS Lexington (which was later abandoned and torpedoed by American forces to prevent her capture); and. _. WHEREAS, Allied Forces in the Saffle of the Coral Sea prevented the Imperial Japanese Navy aircraft carriers from participating in the Sattle of Midway and saved friendly forces in Port Moresby from facing an overwhelming invasion; and, WHEREAS, each year since 1946, Coral Sea Week has been celebrated in Australia to express gratitude to the United States for its part in the battle and the support given to Australia by America in World War II; and, WHEREAS, USS Yorktown survivor and Collier County resident Dr. William G. Roy has been invited to Adelaide, South Australia, as a guest speaker at this years National Celebration of the 64h Anniversary of the Battle of the Coral Sea; and, WHEREAS, Dr. Roy was a Photographer's Mate Second Class onboard the USS Yorktown at the Baffle of the Coral Sea and at the Battle of Midway and shot numerous photos and reels of film that have been used in many historical publications and documentaries; and, WHEREAS, the Collier County Soard of County Commissioners would like to express its appreciation to Australia for recognizing Dr. Roy and all WWII veterans for their unselfish service to our two great nations. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 5-9, 2006 be designated as Coral Sea Week DONE AND ORDERED THIS 28th Day of March, 2006. - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Agenda Item No. 4E March 28,2006 Page 2 of 3 Agenda Item No. 4E March 28. 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 4E Meeting Date: Proclamation designating the week of May 5~9, 2006 as Battle 01 Coral Sea Week, a 1942 World War II battle. To be accepted by Dr. Wilham Roy 3i28/2006 9:00:00 AM Prepared B)' Paula Springs Board of County Commissionert> Executive Aide to the Bee Date Bee Office 3/2112006 2:51 ~12 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 3/21/20062:55 PM Approved 8J Leo E. Ochs. Jr. Board of County Commissionnn; Deputy County Manager Date County Manager's Office 3121/20063:22 PM Agenda Item No. 5A March 28,2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Renee Finsterwalder, Compensation Analyst, Human Resources Department, as Employee of the Month for March 2006 OBJECTIVE: To recognize Renee Finsterwalder, Compensation Analyst, Human Resources Department, as Employee of the Month for March 2006. CONSIDERATIONS: Renee performed in an excellent fashion in association with the FY 2006 Pay Plan which was an extraordinary year from a Pay Plan perspective. Many unforeseen complications arose during the process and included: . The introduction of exception payroll processing for certain non-exempt classifications required that Renee develop 2 additional spreadsheets · The performance evaluation scoring in PUD required the development of 3 additional spreadsheets. · Renee developed several additional spreadsheets for budget modeling purposes. These were required because of the inherent complications with the spreadsheet used to calculate and update SAP. · The vote on the Pay Plan was delayed resulting in the need to back out the pre-loaded increases from SAP in a very short time frame. · Some employees' salaries exceeded pay grade maximum requiring last minute changes to the formulas in 10 spreadsheets. .- Renee accepted these changes with aplomb and once again the pay raises were successfully loaded to SAP. On an atter the fact basis, she answered many inquiries from managers and employees and provided. copies of substitute PARS when requested. In spite of these complications, the number of questions that arose was significantly reduced from past years, a testament to the accuracy of the calculations and to Renee's performance. Renee's response to these circumstances was truly "above and beyond." In spite of unprecedented complications, the pay increases were once again processed on time and with significantly improved accuracy from past years. The lay person may not appreciate the day to day pressures that accompany the role of a compensation professional as we deal with perhaps the most charged issue in the workplace - employees' pay. We are chartered by the CMO to enforce the CMAs and to ensure that County expenditures for pay increases are warranted. This otten puts us in conflict with managers who wish to pay their employees more but may not have the justification to do so within the context of the CMAs. Our role is to ensure that the justification is appropriate and to balance managements' desires with the intent of the CMAs. This requires patience, self confidence, the ability/desire to listen and a backbone. Renee has rapidly shown that she has these traits to be a successful compensation professional. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Renee Finsterwalder is recognized as the "Employee of the Month" for March 2006. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department -- Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5A Agenda Item No. 5A March 28, 2006 Page 2 of 2 Recommendation to recognize Renee FinstefWalder, Compensation Analyst, Human Resources Department, as Employee of the Month for March 2006 312812006 9:()0:OO AM Prepured By Dawn Ragone Administrative Services Administrative Assistant Date Approved By Jean Merrl" Administrative Services Human Resources 3/8120069:31 :58 AM Len Golden Price Approved By Administrative Services Human Resources. Director Date Approved By OMS Coordinator County Manager's Office Human Resources 3/912006 1 :40 PM Approved By Michael Smykowski County Manager'~ Office Administrative Services Administrator Date Approved By James V. Mudd Board of County Commissioners Administrative Services Admin. 3/912006. 4:10 PM Administrative Assistant Date Office of Management & Budget 3/15/2006 B:30 AM Management & Budget Director Date Office of Management & Budget 3/1 512006 9: 32 AM County Manager Date County Manager's Office 3/16/2006 8: 59 AM .,.....-..< Agenda Item No. 6A March 28, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tarniami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 February 13, 2006 Mr. Sal Soldano 70 North Sunset Street Marco Island, FL 34145 Re: Public Petition Request to Discuss Relief of Liens and/or Payment Interest on Property Received From a Collier County Tax Certificate Sale Dear Mr. Soldano: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 14, 2006 regarding the above referenced subject. .-. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~ JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator .- Reauest to Soeak under e~ fltili20 Agenda Item No. 6A March 28, 2006 Page 2 of 2 RECEIVED COUNTY MANAGER OFFICE Please print FEB 1 3 2006 Name: S A L Sc ~() Address: 70' tJ. 5" C1 NS ~.t sf- {}iA- ~W r: 5 L(1 (\& fl. 3 cf f If S- Phone: ~. 3~" r3q 1ft, Date of the Board t.Jeetina YOU wish to soeak: ----IDb O-~) ~D 0 (, ACTiON (;ILE Please explain in detail the action YOU are askina the Commission to take (attach additional oaae if oecessarv): '~r}~:_P(t![~\~'i (\~~'~~,:fZ;~:+~~J:;~~e- ..v<.... ~ ~l!:.. ~I!. eA 'I\.te~e .d- (, f? [l..)'\~~ ~I!.., M M'l!Mt ~a~;~~:~ ~e~s~~:t"~D~;f~~' c:\Docunlerlt8 and SetIInga'Arleen Soldano'Local Settings\Temporary Internet F1Ies\ContenllE5'I8PFl<HOFM'Public Petition Request Fonn[1}.doc ... _....__a __ ...._1. Ii ......'-UJlJ rL ...3......1.......:), Ut::1I1l.1 .- Agenda Item No. 68 March 28, 2006 Page 1 of 3 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 March 6,2006 Mr. Steve Kirk, President Everglades Community Association, Inc. P.O. Box 343529 Florida City, FL 33034 FL 34120 Re: Public Petition Request to Discuss Proposed Affordable Housing Development "The Reserve at Eden Gardens" Dear Mr. Kirk: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 28, 2006 regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this offi ce. Si erely, ames v. Mudd ~ County Manager JVM/jb cc: David Weigel, County Attorney Commissioner Jim Coletta Joseph Schmitt, C.D.&E.S. Administrator - 03/06/06 MON 11:55 FAX IaI 002 Agenda Item NO.oB . March 28, 2006 Page 2 of 3 ;> EVERGLADES COMMUNITY ASSOCIATION CYPRESS HOUSING CORPORATION -AJ1ort1t1J1l<< HoUlbrgfor Worllill6 FdMllk6" 19308 SW 380tlt Street, Post omce Box 343529 Florida City, FL 33034 TelephoM (305) 242-2/42 Facsimik (305) 242-2/43 kirtcnet@vahoo.com March 6111, 2006 SENT JIU FACSIMILE THIS DATE Colonel lames V. Mudd US Army, Retired Collier County Manager 3301 East Tamiami Trail Naples, Florida 34112 RE: The Reserve at Eden Gardens Proposed Affordable Housing Project Application Number: SDP-AR-8088 Dear Co!. Mudd: Please fmd this letter as a formal request to have Eden Gardens Limited Partnership's proposed affordable housing development "The Reserve at Eden Gardens" placed on the agenda for the March 14111.2006 meeting of the Collier County Board of County Commissioners. We have been working with Collier County's Department of Financial Management and Housing for over a year to bring this much needed affordable housing development to the west side of the Immokalee conununity. . The proposed 92 unit affordable housing development is scheduled to consist of 88 units serving agricultunll employees earning 50% of the area median income and 4 units Serving persons with disabilities at risk of homelessness. This projoct represents over $9M in Federal, state and local funds now in jeopardy. The proposed Site Development Plan for the affordable hOUSing project was originally submitted for revieW to Collier County in 2005. Having received SDP comments -- in particular comments from enviromnental staff, we resubmitted the proposed Site Development Plan in early February 2006. My c<<H.ievelopers, professional consultants, attorneys and I have worked with staff to design. a project consistent with Collier County's Comprehensive Land Use Plan, Code of Ordinances, and Land Development Code. Together we believe we have addressed each and every staff concern with the project ~ the appropriate application of Collier County's native vegetation preservation requirements under the Comprehensive Land Use Plan to this project. We expressed our concern over staff's application of the Land Use Plan's native vegetation preservation requirement to this affordable housing project with Commissioner Jim Coletta, whose District includes the Immokolee community. Commissioner Jim Coletta ..-/...J 03/06/08 MON 11:58 FAX IgJ 003 Agenda Item No. 6B March 28, 2006 Page 3 of 3 suggested we bring this matter to the Board of County Commissioners for discussion and direction. Accordino:lv. we mmectfullv reauest The Reserve at Eden Gardens be Dlaced under the Public Petition DOrtion of the a~da for the March 14. 2006 Board of County C'..nmmill8ioners meetin2 for discussion and direction or at the earliest oolsible tirm. ' Should you have any questions regarding this request or should you need any further information, please do not hesitate to contact me directly. We look forward to bringing this much needed affordable housing development to a reality within Collier County in light of the increasing demand for such true workforce housing. Ste Kirk sident, Everglades Community Association, Incorporated (305) 242-2142 Cc: District Five Commissioner Jim Coletta ...) ,'-" Agenda Item No. 6C March 28, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples. Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 March 15, 2006 Sharon I. VanSlyke 6046 Hollow Drive Naples, FL 34112 Re: Public Petition Request to Discuss Flooding in Quail Hollow Dear Ms. VanSlyke: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 28, 2006 regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVM/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator - Agenda lf~tNb.qfd March 28, 2006 Page 2 of 2 bodinejudi From: TorreJohn Sent: Wednesday, March 15,200611:53AM To: bodinejudi Subject: FW: Public Petition Judi, A request for a public petition for the March 28 meeting From: Sharon I. VanSlyke [mailto:SVSNLG@comcast.net] Sent: Tuesday, March 14, 2006 6:35 PM To: TorreJohn Subject: Public Petition Sharon I. VanSlyke and Troy Cherrington. residents of Quail Hollow wish to be heard at the next Commission meeting scheduled for March 28th. We are assuming that an E-Mail will satisfy the county requirement for a written notice 13 days prior to this meeting. If not, please inform us, and we will hand deliver a request to your office on March 15th. The subject we would like to address is the flooding of our properties, caused by the inadequate swales constructed at the Villas of Mandalay PUD. Sharon I. VanSlyke 6046 Hollow Dr. 239-793-4288 239-289-4544 Troy Cherrington 4024 Moss Ln. 239-793-8179 3/15/2006 Agenda Item No. 7A March 28, 2006 Page 1 of 8 EXECUTIVE SUMMARY SE-2006-AR-9097, Scrivener's Error Petition to correct the legal description that replaces and supersedes Resolution No. 2005-432, which granted an after-the-fact variance for a 5.3- foot encroachment into the required ten (10) foot rear yard (accessory) setback, on a waterfront lot at 175 Bayview Avenue. OBJECTIVE: That the Board of Zoning Appeals adopt the attached resolution, replacing and superseding Resolution No. 2005-432, in order to reflect the correct legal description for property receiving an after-the-fact variance. CONSIDERA TIONS: On December 13, 2005, the BZA adopted Resolution No. 2005-432, which approved Petition V A-2005-AR-801O that granted an after-the-fact variance for a 5.3 foot encroachment into the required ten (10) foot rear yard setback on a waterfront lot at 175 Bayview Avenue (exhibit A). The proposed Resolution is intended to correct this error. FISCAL IMP ACT: .- This correction will have no fiscal impact on the County. GROWTH MANAGEMENT IMP ACT: The original petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan. LEGAL CONSIDERATIONS: The proposed resolution will replace and supersede Resolution No. 2005-432 and reflect the correct legal description for the property receiving the after-the-fact variance. ZONING DEPARTMENT RECOMMENDATION: That the BZA adopt the proposed resolution in order to replace and withdraw Resolution No. 2005-432. PREP ARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review .-. SE-2006-AR-9097 Executive Summary 1 Item Number: Item Summary: Meeting Date: Agenda Item No, 7A March 28, 2006 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A SE~2006-AR.9097, Scriveners Error Petition to correct the legal description that replaces and supersedes Resolution No 2005-432. which granted an after.tt1eRiact variance for a 53-foot encroachment into the requirec ten (1 O) foot rear yard (accessory) setback, on a waterfront lot at 175 Bayvlew Avenue. 3/26/20069:00:00 AM Date Prepared By Meli6sa Zone Community Development & Environmental Services Principal Planner Zoning & Land Development Re....iew 3/14/20065:03:19 PM Norm E. Feder, AICP Date Approved By Transportation Sorvices Transportation Division Administrator Transportation Services Admin. 3/14/2006 5:20 PM Approved By Constance A. Johnson Operations Analyst Communit)l Development & Community De....elopment & Environmental Services Environmental Services Admin, Date 3/15/2006 8:20 AM Approved By Date Jeff Klatzkow County Attorney Assistant County Attorney County Attomey Office 3/15/200G 10:56 AM Date Approved By Sandra Lea Board of County Commissioners Executive Aide to the BCe Bce Office 3/1SJ200S 11;19 AM Oalf! Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & land Development Review 3115/2001112:32 PM Donald L. Scott Dilte Apprond By Transportation Servic(~s Transportation Planning Director Transportation Planning 3/15/20061 :02 PM Appro\.cd By Susan Murray, AICP Community Development & EnvlrOrlll1entill Servlces Zoning & land Development Director Date Zoning & Land Development Review 3115/20064;35 PM Date Approved By Joseph K. Schmitt Community De....elopment & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Service,; Admin. 3115120067:48 PM Date Appro\'cd By OMS Coordinator County Manager's. Office Administrative Assistant Office of Management & Budget 311Eit200610:15 AM Date Approved By Mark Isackson County Manager's Offic.e Budget Analyst Office ot Management 8. Budgat 3/16120063:44 PM Date Approved By Leo E. Dells. Jr. Board of County Commission!1rG Deputy County Manager County Manager'& Office 3116/20064:40 PM <(c'oCO r--O_ 00 ONC"") Z a:) l1l END"! l1l..c co ==20.. coco -g2 l1l D"! <( tJ 5 ~ ~~ ;;;.- ~~b j,,:,.: !~ fo.: ~;:!! :J ~r2 .,.. .;. :1;:. ::; ..: 3 i , A [ ~ ~ .. ti ~ 21 li I U1 :.1, ~ il2 . ..~! I ' l,], ~f iH .!g~ tlJI 'iii ! 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"- mm -g~ (l) Ol <.( "' '" w w ::> ~ ::> ~ ::> z Z ~ ~ <<( "' <<( <<( :0 ~ <<( ~ '" '" ~ 8 '" ~ z 8 :5 >- -' m ffi a z <: > Of" )J,[';I.\CQ GUlf" 3'l\(.lSOJ.l0N / ~ _ IL ~ ~ ; HSm'" l'f'ton3d ~ B ~~ Il': L ~~ %- > g~~ ~ t"::IO..... lMllI NQ..-n1 -~~ . ~w ~~ (i'ld O'v'Qij Ji..J3l{1OOO')lj:;)'I" 00t l....lr.>I ~ lllIV......... ....... ~ ~ .., S ('rTfl) "1WL _" %> gf!;m n~ 1 I ~~~ c.. <( ~ w ...... - en ~ 0 .... 0 c:o , 0::: <( , It) 0 0 N , <( > =II: Z 0 l- I- W C- o. <( ~ Z 0 - ...... <( () 0 ....I ~"~ ~~~ Agenda Item NO.7 A March 28, 2006 Page 5 of 8 RESOLUTION 2006-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, SUPERSEDING AND REPLACING RESOLUTION NO. 2005-432, WIDCH GRANTED PETITION VA- 2005-AR-8010; AN AFI'ER-THE.FACT VARIANCE FOR A 5.3- FOOT ENCROACHMENT INTO THE REQUIRED to-FOOT REAR YARD (ACCESSORY) SETBACK, ON A WATERFRONT LOT AT 175 BA YVIEW A VENUE, IN ORDER TO CORRECT THE LEGAL DESCRIPTION. 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 \VHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals (Board), being the duly elected constituted Board of tbe area hereby affected, held a public hearing after notice as in said regulations made and provided, and considered the advisability of an after-the-fact variance for a 5.3-foot encroachment into the required IO-foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7-foot rear yard within the RSF-3 Zoning District, and found as a matter of fact that satisfactory provision and arrangement had been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties had been given opportunity to be heard by this Board in public meeting assembled, and the Board considered all matters presented. WHEREAS, on December 13, 2005, through adoption of Resolution No. 2005-432, the Board approved Petition V A-2005-AR-801O, filed by Clay C. Brooker, Esq., representing James R. and Margaret H. Fomear, for the aforementioned after-the-fact variance subject to certain conditions; and WHEREAS, after its adoption, it was determined that Resolution No. 2005-432 contained an incorrect legal description for the subject property; and WHEREAS, the Board desires to adopt a replacement Resolution which reflects the correct legal description. NOW, TIffiREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier County, Florida, that: 1. This Resolution supersedes and replaces Resolution No. 2005-432. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. Petition V A-2005-AR-801O, filed by Clay C. Brooker, Esq. representing James R. and Margaret H. Fomear is hereby approved for an after-the-fact variance for a 53-foot encroachment into the required IO-foot rear yard (accessory) setback. as applicable to a Agenda Item No.7 A March 28, 2006 Page 6 of 8 screen enclosure on a waterfront lot, leaving a 4.7-foot rear yard for property located within the RSF-3 Zoning District, more particularly described as: Lot 7, Block C, CONNOR'S VANDERBILT BEACH ESTATES, UNIT NO. I, according to the Plat thereof recorded in Plat Book 3, Pages 8 and 9, Public Records of Collier County, Florida. 4. Petition V A-2oo5-AR-8010 is approved subject to the following conditions: a. The variance granted is limited to the after-the-fact rear yard encroachment for the existing house as depicted and more particularly described in the site plan dated November 18, 2003, and attached hereto as Exhibit "A." b. The property owner shall obtain a building pennit for the screen enclosure in the location authorized by this after-the-fact variance. BE IT FURTIlER RESOLVED that this Resolution relating to Petition Number V A- 2005-AR-801O be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this _ day of .2006 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk FRANK HALAS, Chairman Attachm ts: Exhibit "An Agenda Item No. 7 A March 28, 2006 Page 7 of 8 1-30-06 Petition # V A-2005-AR-8010 This petition is being return for a Scrivenor's Error. The application and deed submitted were correct. After being approved the INCORRECT LEGAL DESCRIPTION was used on the ordinance. Any questions call Mariam ex. 2315 SE-2006-AR-9097 PROJ EeT #2004040048 DATE: 211106 MELISSA ZON E ) Agenda Item No. 78 March 28, 2006 Page 1 of 86 EXECUTIVE SUMMARY VA-2005-AR-8693: Eberhard Thiermann, represented by Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A., is requesting a 3.2-foot variance from the required to-foot rear setback to allow for the existing screen enclosure to remain at 6.8 feet from the property line. The subject property is zoned RSF-3 and is located at 117 Channel Drive, in Section 29, Township 48 South, Range 25 East, in Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the advisability of an after-the-fact variance request to permit a screen enclosure to encroach 3.2 feet into the required ]O-foot rear yard in the RSF- 3 zoning district, and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: ..- The subject property, located at ] ] 7 Channel Drive, is developed with a single-family home. The site is surrounded by residential development, although it borders a vacant lot on the western side and a canal is located on the north side of the property. The home, pool and an original screen enclosure were constructed in the mid-] 970's by a previous owner. The current owner, and applicant of this variance request, had an addition constructed to add a second story to a portion of the home and also had the screen enclosure replaced in the same footprint as the original screen. The pool was pennitted in ] 976. The original screen enclosure was constructed at approximately the same time. No permit has been found for this enclosure. There are two permits that have some relevance to this variance request. The first was granted in February 2001 to the Aluminum Store (#200]02]255) with the notation that the permit was to bring the "old pool enclosure to today's standards," which includes the ten-foot setback. This permit was never acted upon and no inspections were ever made. The second relevant permit was granted in April 200 I (#200 I 022294) for an addition/alteration to allow the construction of a second story. The permit was issued for the remodeling of the principle structure only as noted under "Construction Code: 6/Type V NONCOMB WALL_UNPROTECTED" type construction and did not permit the construction of the new screen enclosure. With the permitted remodel, the applicant has stated that the original screen enclosure needed to be removed. The replacement screen enclosure was built in the same footprint as the original non-conforming structure, with an elevated roofline as opposed to a flat roof. The applicant stated on the record that the Aluminum Store eventually did construct the non-confonning enclosure toward the end of the other renovations. However, Contractor Licensing has obtained a sworn statement dated February 23, 2006 from the license holder for that company contrary to the owner's claim. It does not appear that any action by the Aluminum Store has constituted a violation of the 2002-0] Contractor Licensing Ordinance. ,- Page] of3 Agenda Item No. 78 March 28, 2006 Page 2 of 86 The original enclosure was in place for approximately 25 years. The new enclosure has been in place for about five years. The Land Development Code contains eight criteria by which to evaluate a variance request. A complete staff analysis is contained within the staff report. In general, although there are no undue hardships associated with the petition, denial of the variance could create a practical difficulty by requiring the applicant to remove the screen. The applicant has requested the minimum variance necessary to bring the structure into compliance with today's regulations. The canal on the north side of the property further separates this encroachment from the immediate neighbor on that side of the property. In addition, the new enclosure is most likely a stronger, and therefore safer, structure than the original enclosure. FISCAL IMPACT: The variance, by and of itself, will have no fiscal impact on Collier County public facilities. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Residentia] Subdistrict designation within the Coastal High Hazard Area of the Future Land Use Map of the GMP. This district allows residential uses and their associated accessory structures. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow a reduction in the required setbacks. The variance would permit an existing screen enclosure to remain in place, which is an authorized use in this land use designation; therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use E]ement, although the variance request is not specifically addressed. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) does not normally hear variance petitions, and did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on February 16,2006 and with a vote of 5-2 they forwarded this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to staff stipulations. The CCPC had a general discussion on the following topics: whether the enclosure could be relocated to comply with setback regulations; the permitting history of the site; building code requirements; and impacts to neighbors. One person spoke in opposition. .- The Planning Commission questioned what differences there were between the 200] Bui]ding Code and the current Code. Staff has been provided with clarification on that since the hearing. In response to extensive damage to screen enclosures by Hurricane Charley in 2004, engineers are designing to a higher wind load capability. In 2001 a screen enclosure would be designed to withstand a wind level of 110 miles per hour. Now the enclosures must be able to withstand a three-second wind gust of 130 miles per hour. Therefore, a new screen would be stronger. Staff maintains that the 2001 screen is Page 2 of3 Agenda Item No. 78 March 28, 2006 Page 3 of 86 stronger than the 1976 enclosure. The applicant further noted that the existing enclosure withstood the forces exerted by Hurricane Wilma in 2005. Because the CCPC recommendation was not unanimous, the petition has been placed on the regular agenda for discussion by the BZA. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPC) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Section 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached staff report. The Board of County Commissioners must utilize 8 criteria in considering a variance petition (see professional planning staff analysis). This analysis appears on pages 6 and 7 of the Staff Report. It must be understood that the Staff Report and Executive Summary are only part of the picture. There will be evidence presented by the petitioner, and members of the public may speak at the hearing on this item. The Board must also take into consideration that testimony as it relates to GMP consistency and the 8 standards for consideration for the variance. The Board of County Commissioners may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those requirements necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve V A-2005-AR-8693, which would grant a 3.2-foot variance from the required I O-foot rear yard, subject to the following stipulations: 1. . The variance is limited to allow the existing screen enclosure that encroaches into the required rear yard on the north side of the property, as depicted on the applicant's boundary survey, to remain in place; 2. All proper after-the-fact permitting fees must be paid and permits must be obtained, including obtaining certification that the structure meets or exceeds the building code in effect in 200 I within 90 days of approval of the variance; and 3. No further encroachments shall be permitted. PREP ARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Page 3 of3 Item Number: Item Summary: Meeting Date: Agenda Item No. 78 March 28, 2006 Page 4 of 86 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7B ThIS item requires that all participants be sworn in and ex parte disclosure be provided by Commission members, VA-2005-AR-8693; Eberhard Hliermann, represenled by Richard 0, YO\lanovich, of Goodl€tte, Coleman, & Johnson, P.A" IS requesting a variance from the required 10-fool rear setback for a screen enclosure of 3.2 feel in the RSF-3 zoning district The subject property is located at 117 Channel Drive, in Set,:tion 29, Township, 48, R.:lnge 25, Collier County. Florida. 312BI2006 9:00:00 AM Date- Approved By Constance A. Johnson Operations Analvst Community Development & Community Development & Elwironmental Services Environmental Services Admin. 3/15/20068:17 AM Approved By Date Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 31151200610:57 AM Date Approved By Sandra lea Board of County Commissiont'!rs E)(ecuti....e Aide to the BeC Bec Offic() 3/15'2006 11 :05 AM Date Approved By Ray Bellows Community Development & Erwlronmental Services Chief Planner Zoning & land Devolopment Review 31151200612;32 PM Date Approved By Donald L Scott Transportation Services Tram,portall"n Planning Director Transportation Planning 3/15/20061:02 PM 01)te Approved By Susan Murray, AICP Community Development & Environmental 5~rvices Zoning & Land Development Director Zoning & land Development Review 3/1512006 4:37 PM Date Approved By Norm E. Fed(~r, AICP Trlln!;portation Services Transportation Division Administrator Transportation Servic(~s Admin. 3116/20067:31 AM Date Approved B}' Joseph K. Schmitt Community Development & Environrllental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/16/20068:26 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/17/200611 :20 AM Date Appruved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 3117/2006 3:24 PM Date Approved By James V. Mudd Board of County Comrni~sil)ners County Manager County Manager's Office 3/17i2006 4:33 PM .. AGE~~/l€l. 7B March 28,2006 Page 5 of 86 .' .. .,.,... .".. . ....CO*<Joun~y. .~~- -': STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 16,2006 .' SUBJECT: PETITION V A-2005-AR-8693, THIERMANN VARIANCE PROPERTY OWNER/AGENT: OWNER: Eberhard M. Thiermann 117 Channel Drive Naples, FL 34108 AGENT: Richard D. Y ovanovich, Esq. Goodlette, Coleman & Johnson, PA 4001 N. Tamiami Trail, #300 Naples, FL 34103 REQUESTED ACTION: The applicant is requesting an after-the-fact variance from the required IO-foot rear setback for accessory structures to allow an existing pool and screen enclosure to encroach 3.2 feet leaving a 6.8-foot rear yard setback in the RSF-3 zoning district. GEOGRAPIDC LOCATION: The subject parcel is -located at 117 Channel Drive, described as Conner's Vanderbilt Beach Estates, Unit 1, Block D, Lot 13, located in Section 29, Township 48 South, Range 25 East, Collier County, Florida. PURPOSEIDESCRIPTION OF PROJECT: The applicant seeks a variance to allow an existing pool and screen enclosure to remain on the subject property. The pool was constructed in 1976 with a valid permit. The original screen enclosure was constructed at approximately the same time. No separate permit has been found for that improvement. Although an estimate of costs was submitted for both the pool and enclosure by Collier Custom Pools Company, only the pool was inspected and granted a Certificate of Occupancy. We are unable to determine therefore, who actually constructed the original enclosure. V A-2005-AR-8693 Page 1 of 9 cn<.o<.o ;;:...0 CO ':l_ >l 0 .:0-<.0 E NUJ---- (])..c OJ ==(.)ro roroD.. -g~ (]) en <:( - --- i -- _____l_ .. i ~ ~ i i .. ! ! I i I! i .. ~ i .. i I s i ~ .... II GUl.I' r:Jr 1oIt:Jl1CO .........- I E- - :~! ~ (~t'" ..... --. lit c. <( ~ W I-- en .., C>> co co ~ < . It) o o N , < > lII: Z o l- I- W a.. 0.. <( ~ Z o - I-- <( () o --1 Agenda Item No. 7B March 28, 2006 Page 7 of 86 .---- A permit- was--granted- in-200f-.to' a"company- called the--Aluminum -Store-(#200102125 5) t6----- replace the "old pool enclosure to today's standards," which would include a ten-foot rear setback. This permit expired without any inspections being made. Therefore, we cannot be sure that this company was the contractor that actually installed the current non-conforming enclosure. The current owner, Mr. Eberhard Thiermann, also applied in 2001 for an "addition/alteration" permit as the owner/builder(#2001022294, attached) to permit the addition of the second floor of the home and to remodel the first floor. The home renovation impacted over 50% of the home's value, and therefore all structures were required to be brought up to the then current Code requirements. Surveys depict the existing pool screen encroachment, but no reference was made on the approved "addition/alteration" building plans associated with the building permit indicating that the screen enclosure was to be replaced. The "addition/alteration" permit was issued for the remodeling of the principle structure only as noted under "Construction Code:' 6 / Type V NONCOMB WALL_UNPROTECTED" type construction and did not as the applicant later claimed to also permit the construction of the replacement screen enclosure. As the identified ownerlbuilder of the project, Mr. Tbiermann was legally responsible for obtaining all the necessary permits for the project and for meeting all criteria of the Land Development Code and other applicable County ordinances. The now existing screen enclosure is in the same footprint as the original non-conforming structure (see Exhibit A). The encroachment and the non-permitted nature of the structure are the subject of a Code Enforcement investigation. The applicant, acting as the owner-builder of the renovation project having allowed for the original building permit for the replacement screen to expire in 2001 and having authorized the unpermitted construction of the now existing screen enclosure has now decided to pursue this variance request as a way to rectify the non- conforming status of the replacement screen. The enclosure does not pose any more impact than the original screen that was in place for about 25 years. The "new" screen has been in place for nearly five years. SURROUNDING LAND USE & ZONING: SURROUNDING: North: RSF-3, canal, Single-family home East: RSF-3, Single-family home South: RSF-3, Single-family home West: RSF-3, Vacant lot GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict designation within the Coastal High Hazard Area of the Future Land Use Map of the GMP. This land use category is described in the GMP as follows: The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. VA-2005-AR-8693 Page 3 of 9 ......UH ,..L:J.l o...JllE.11 lJIl ur' tfUUNlJAJ(Y SUHVE}T FOR BUILDING PERMIT APPliCATION FOR CONSTRUCTION Agenda Item"tlJo. 76 March 28, 2006 · Page 8 of 86 STREET ADDRESS: 117 CHANNEL DRIVE NAPLES, FLDRIDA. . -. ---- .--.--------------...-..-.-:.--.--.-----.....----- --~~-----_..._._---_._..._,._.. .~ WA TrRvA r lOa' RDII N.79'08'OO'E. 80' (P) \01 J.3' srA WALL 6.8' TlR 5/8' N[] JD la' DFFSE:T -~' --- - . No 79'07'OI'E., 79.86' ( ) l:. LOT 13 C, -0 BLOCK D vi <II SCRE:rNCD . UNIT J '" CDHC PoDL ARCA rJR 5/8' NO ID 10' OFFseT Lor 14 BLOCK D cO/€. c, ~ CDVCRCD PA TlG ~ J3.1' J5.0' ll!' 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DESCRIPTION: -----.------ LDT 13, lILOCK D, CONNDRS \.'ANDE:RBlL T BE:riCIf [STrlTE~', UNIT I, IiCCORDTN(j Tn 7H[ Nil T THrR[OF' AS' !;'ECOP.DE:TJ IN PL.-4 T FDOK J, PA(jtS-8 T/-IRnUGlt 9, INCLUSIVE:, DF']HC PUBLIC R[Ci.7RDS OF" CDL L I [R r: OUN n', rL DR !flit '..- I a 7 15 3\) &0 GRAPHIC SCALE CEHTlF'lED TO : LBERII,WD TlfIE:RMANN AND INGRID TIfIE:RMrWN; '.JCFLOR rDA; /IRLCS t4Nn BRADY; A Tl17RNDS' TfTU.- INSURANC[ FUND" INC. mTIFICATION ; :ER T1FY THA T THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS ~ MINIMUM TFr.HNlr.AI C;TA"II'\^P'"'' C'CT .-........,.,. "''' ~,- --.-- 'FLOOD ZONE COMMUNITY PANEL DATED: (FLOOD ZOt~E : IN DESIGNATED AC 13 120067-0189C 2-16-95 ..S....C.:O.. &: "X. ARE NOT flOOD HAZARD ZONE AREA.) .";.... ~,I , ,.- Agenda Item No 7B March 28, 2006 Page 9 of 86 tI' f. .- -"~_.- f~~ - ~ ,~~" ~~1~~" ~ Ii,' .,.).,\:., ".:", . ," .' '. ." , :.~ -' J , ....,.:-.~. "'~'.. d'- Af!;I"~ " " ~ 0( ... ........ , ~. .- ~ ~... . - ~ .. '~ t~l '\'. \.1\:~ ~. \ :y..... ~ ....... ~::.::;:::"'7' ~. ~. ~.. .... - ...... .. - ..-. - ~.~::;;.;->- ~"- ,/ .-.~-!t_...- - - ".' ~ .. . ~ -.. ...,. "",,' ~ .. /;~. .-.... ~..............._; !jt_~~:-._. .:-;;~ii.":'- - .-" -...- ..... -' ~~~<'~;~~~ :..'~:;;_Z' ;;',~~~lf-' - ~. ,}~ ,~ .. ~'...-~ ...<r" ,..' ..,~.'~ .,~"~ ,,/' '.r ",.' ~.- .. ------..,.... ( .' -- :~..... -. v -.; '" .....", __' l ./ .-,...----....' .-j~' .,:-,::'.,.F' ,.,- .../ .... ,;1~t, ~.',~\~. " ~:~t", '~~{O .{ - r ~.. . ~... ..- .;.... ~:. ..,.~':.,( ~ lI' Agenda Item No. 78 . March 28, 2006 ' Page 10 of 86 Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow a reduction in the required setbacks. The variance would permit an existing pool and screen enclosure to remain in place, which is an authorized use in this land use designation; therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? There are no special conditions relating to the land. The house was constructed in 1976. Although a permit was obtained for the pool at that time, no permit has been located for the screen enclosure. The current owner, and applicant, received a permit to renovate the home in 2001. Inspections of this work did not relate to the screen enclosure, although its location was shown on the plans. The current survey shows the enclosure encroaches into the required ten-foot rear yard by 3.2 feet. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? The non-permitted, non-conforming structure was in place prior to the applicant's purchase of the property. The screen was replaced during a home remodel in 2001 by the current owner in the same footprint as the original enclosure. A permit was obtained for the remodel under the auspices of a permit for "addition/alteration", which showed the same footprint as the original screen enclosure. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The applicant would be required to obtain a demolition permit, and hire a contractor to remove the existing structure from the site, which serves a similar purpose as the structure that was in place since 1976 with no complaints. This would create a practical difficulty for the applicant. V A-2005-AR-8693 Page 6 of 9 Agenda Item No. 7B March 28, 2006 Page 11 of 86 d. Will the variance, if granted, be the minimum variance that will make possible the ------reasunabte- use--of-thrland,-iJuilding- or structure-and-which-promote-standards. of--- health, safety and welfare? Yes. The variance requested would not allow an increase of the existing encroachment, therefore this is the minimum variance required to allow the existing enclosure to remain. Approval of the variance should not have a negative impact upon the standards of health, safety and welfare. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Other homeowners are permitted to construct pool enclosures in the RSF-3 zoning district; however, they are required to meet the ten foot rear yard setback requirement. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The enclosure is already constructed and has been in place since 1976. The petition request would not increase the extent of the encroachment beyond what is currently built. Approval of the variance should not have a negative effect upon the neighborhood as a whole, and would not be detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? The subject property is located on a canal, so the abutting neighbor to the north will be less impacted by the structure remaining than if there were no waterway in between. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. Staff has analyzed the guidelines associated with the variance request, and has determined that the request seeks to legalize an existing non-conformity that has been in place for some time. The enclosure of pool decks is allowed in this zoning district. Impacts to neighboring residents would be no greater than what they experience as the lot is currently developed. VA-2005-AR-8693 Page 7 of 9 Agenda Item No. 78 . March 28, 2006 Page 12 of 86 ZONING MAP EAC RECOMMENDATION: The Envirorunental Advisory Council does not normally hear variance petitions, and did not hear this variance. RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition V A-2005-AR-8693 to the Board of Zoning Appeals, subject to the following conditions: 1. The variance is limited to allow the existing screen enclosure that encroaches into the required rear yard on the north side of the property, as depicted on the applicant's boundary survey, to remain in place; 2. All proper after-the-fact permitting fees must be paid and permits must be obtained, including obtaining certification that the structure meets or exceeds the building code in effect in 2001; and 3. No further encroachments shall be permitted. VA-2005-AR-8693 Page 8 of 9 Agenda Item No. 7B March 28, 2006 Page 13 of 86 - -. ------PREPARElJ"BY:--. l~~C~AL-PLWNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .. '6 Ie ?-O 00 DATE ATIORNEY \ /1;\/06 DATE RAY LOWS, ZONING MANAGER DEP ARTIJENT OF ZONING AND LAND DEVELOP:MENT REVIEW 1-27/06 DATE I A~~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1/2 -r ~(I? DATE . APPROVED BY: Ik7fr~ DJtrE MARKP. STRAIN, CHAIRMAN DATE Tentatively scheduled for the March28, 2006 Board of County Commissioners Meeting VA-2005-AR-8693 Page 9 of 9 . Agenda Item No. 78 March 28, 2006 Page 14 of 86 Variance Route Sheet TO: GRAPmCS ENGINEERING REVIEW COMMUNITY PLANNING COORDINATOR H-ic ~~ \.0'" h V-rv\ i ZONING AND LAND DEVELOPMENT REVIEW FROM: V A-2005-AR -8693 THIERMANN VARIANCE PROJECT #2005080027 DATE: 11/29/05 DUE: 12/29/05 HEIDI WILLIAMS I am transmitting herewith for your review and consideration a variance for: ftu-~ th~er-fV\~ If you have any questions, please call me at 403-2400. ZONING MAP NEEDED PROPERTY OWNERS LIST NEEDED WITHIN o 500' 01,000' Community Development & Environmental Services Division Department of Zoning and Land Development Review COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 78 March 28, 2006 2800 NORTH HORSESHOE ~ 15 of 86 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 V ARIANCE.PETITION APPLICATION ........... ... -,. . ,...... . .......,..". ........ ... n....... ........... ......... _.' ...... ._.m n.. __...... ... ,.....,,_..._...._...... d.'... . ..-......"..-, ,. .....-----... .. .,.......,,-..--...- .... ''''''," ..,,-.,...... ....., .. . ........ (VA!~ANCE',;.F~OM SETBACK(s) REQUIRED FOR APARTICUI.ARZONINGDrSTRlcT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER V A-2005-AR-8693 PROJECT #2005080027 DATE: 11/29/05 HEIDI WILLIAMS Above to be completed by staff APPLICANT/AGENT INFORMA TlONm: . ~~F"""'''' I NAME OF APPLlCANT(S) EBERHARD M. THIERMANN ADDRESS 1 1 7 CHANNEL DRIVE CITY NAPLES STATE Fl FAX # ZIP 341 08 TELEPHONE # E-MAIL ADDRESS: CELL # NAME OF AGENT RICHARD D. YOV ANOVICH. ESQUIRE. GOODLETTE. COLEMAN & JOHNSON. P .A. ADDRESS 4001 NORTH TAMIAMI TRAIL, #300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-435-3535 CELL # FAX # 230-435-1218 E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. RECEIVED NOV Z 1 2005 Variance Application rev. 12/23/04 I . ASSOCIATIONS: Agenda Item No. 7B March 28, 2006 Page 16 of 86 ,........., Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: NAPLES PARK AREA ASSOCIATION MAILING ADDRESS 699 106TH AVENUE. NORTH CITY NAPLES STATE FL ZIP 341 08 NAME OF HOMEOWNER ASSOCIATION: PROPERTY OWNERS OF NAPLES PARK MAILING ADDRESS 800 1 04TH AVENUE. NORTH CITY NAPLES STATE FL ZIP 34108 NAME OF HOMEOWNER ASSOCIATION: VANDERBILT BEACH PROPERTY OWNERS ASSOCATION MAILING ADDRESS P. O. BOX 771 330 CITY NAPLES ST ATE FL ZIP 34107 NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY ST ATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP IPR.OPERTY DESCRIPTION ...... Legal Description of Subject Property: Section/Township/Range ~/~/~ Property I.D.#: 27483720003 Subdivision: Conners Vanderbilt Beach Estates Unit 1 Lot: 13 Block: D Metes &. Bounds Description: See Attached Acreage 0.22 Address of Subject Property (If different from Petitioner's address): Variance Application rev. 12/23/04 ADJACENT ZONING AND LAND USE /. ~~tk~i~r~~0~~~'hb~ Page 17 of 86 Zoning Land Use N RSF-3 S RSF-3 E RSF-3 W RSF-3 Residential SinQle Family Residential Sinale Family Residential Sinole Family Residential SinQle Family Minimum Yard Reauirements for Subject PrODertv: Front: 30 Side: 1 0 Rear: 25 Corner Lot: Yes 0 No 0 Yes X No 0 Waterfront Lot: NATURE. OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (10) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The Petitioner is requestimr a variance of 3.2 feet for a pool screen enclosure. The and original screen enclosure were constructed in 1976 by the original property owners. A Certificate of Occupancy for the pool and screen enclosure was issued on December 13. 1976. The Petitioner acquired the property in Aueust. 1993. The residence was renovated in the eary 2001 including replacement of the screen enclosure. The replacement screen enclosure is in the same location as the original screen enclosure. All improvements were ins.pected and a Certificate of Occupancy was issued by Collier County on April 25. 2002. The Petitioner is requesting a variance from the rear yard setback to allow the screen enclosure to remain in the same location that the screen enclosure has been located since 1976. Please note that staff ond the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Variance Application rev. 12/23/04 ~ th . I d' . d . .. hi h I' hi' iAqenqa Item No. 78 1. Are ere specla con Ihons an circumstances eXisting w care pecu lar to t e ocatlon, s z(!' a'Nfarch 28, 2006 characteristics of the land, structure, or building involved. Page 18 of 86 Yes. the screen enclosure has been in existence and CO'd since 1976 and there have been no comolalnts from any neiQhbors durinQ that period of time and the screen enclosure does not interfere with the nel9hbors enjoyment of their property. The lot to the west is vacant. 2. Are there special conditions and circumstances which do not result from the adion of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The Petitioner ourchased the property in AU9ust. 1993. The screen enclosure existed at that time. The Petitioner was not aware of any ordinance violation when the oroperty was purchased. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create proctical difficulties on the applicant. Yes. When the Petitioner purchased the prooerty the orooerty had a screen enclosure. Had the Petitioner known that the pool could not be enclosed. the Petitioner would not have purchased the property. EnclosinQ the pool is imoortant to the enjoyment of the pool. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. The requested variance is the minimum necessary to continue the use af ihe screen enclosure that was oriQinally approved In 1976 ond has existed on the property since that time. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures In the same zoning district. No. This voriance should Qranted based upon the unique set of facts applicable to this variance request and QrantinQ of this variance does not set a precedent for other variance requests. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. the QrontinQ of variance will be in harmony with the purpose of the zoninQ code. Grant/nQ this variance request will not be injurious to the neiQhborhood or detrimental to the public welfare. The screen enclosure and pool do not obstruct the view of surroundinQ property owners and is in no way detrimental to the neiQhborhood. Variance Application rev. 12/23/04 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as naturol preserves, lakes, golf course, etc. Agenda Item No. 78 March 28, 2006 Page 19 of 86 No. 8. Will granting the variance be consistent with the growth management plan. Yes. BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE AU PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIA TEL Y. Variance Application rev. 12123/04 Agenda Item No. 7B 6 6 THIS COMPLETED CHECKUST IS TO BE SUBNUmD WITH APPUCAnON PACKET No. of Copies 015 015 015 Completed Application Pre-Application Meeting Notes Site Plan 24" X 36" depicting the following: All property boundaries & dimensions All existing and proposed structures (labeled as such) North arrow, date and scale of drawing Required setbacks & proposed setbacks 02 01 01 01 01 01 o Copies of Deed Survey of property showing the encroachment {measured in feetO Location Map depicting maior streets in area for reference Addressing Checklist Owner/Agent Affidavit, signed & notarized Electronic Copy of.aU documents & plans Application Fees = $2000 (residential $5000 (non....esidential) Legal Advertising Fees = $729.00 - CCPC $363.00 - BCC Checks shall be made payable to: Collier County Commissioners o o Other Other As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ~D'~ A gent/ Applicant Signature 1\\, IQ~ Date Variance Application rev. 12/23/04 (i) Agenda Item No. 7B March 28, 2006 Page 21 of 86 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET VARIANCE PETITION ~DimensionGl o Sign PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Do,., f(;{:2, ( rbnme, (; r'5 f'm A,,;gned Plonner. U~ WiJ..UOJlI.A-S Project Name: ~UV\l\Cl.-V1 Vl lJa f i flA/I C L Project Addr/Location:_l \ -::f- ~V] n.(J J 7)A A \/f0 1 0a f I e..0 Applicant Name: R..A..~ V r5lJt1.A'l(rV lJ.u.one: I..( 3 S - 553.. r; Firm: C:,,~ I ~Q.N-eJflL -t ~ Type of Petition: JJB - d.l ~~ ,K ~i (!?J1tafCurrent Zoning: K S F -3 Owner Name:.DeA"ha.rtfL '-fluf fVtla..nV1 Owner Address: Phone: Meeting Attendees: (attach Sign In Sheet) SUSMlTT AL REQUIREMENTS: ~ 15 copies of completed Application ~ Addressing Checklist signed by Addressing Dept gJ Pre-application meeting notes ~ 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 V2 X 11 copy) l2?f Survey of property showing the encroachment (measured in feet) EJ Completed Owner/Agent Affidavits, Notarized {(t 2 copies of Deed ~ location me p ~ 5 copies of Aerial Photograph (taken within the previous 12 months) -:l4 '" I. Electonic copy of all documents ond plans (CDROM or Diskette) tl'I.fO-t;istorical Surveyor waiver request ~ Property Owner Advisory letter and Certification 5Zt Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: 1 Agenda Item No. 7B March 28, 2006 Page 22 of 86 "fiZ1 $2000.00 o $5000.00 ~ $2000.00 $729.00 $363.00 Residential Non-Residential Sign Variance Estimated legal Advertising Fee - CCPC Meeting Estimated legal Advertising Fee - Bee Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $2500.00 EIS Review NOTES: - (A., 'Z>-t u -b Agent/Owner Signature Date 2 00<.0 r-O o ON Zoo EN O).,C -u - '- roro -g2 0) Ol <( 01) ! ~ ~ i ..... ... . ~ =- Q.. ~ Q - ~ ~ r-l ~ .. -en ~ Z C ~ tIj ~ '~ ~ ~ ~ G) .; G) ~ - - G) ~ c:: E > a. 0 o e' C) -a; .! Z > - - CI) tic ~-g LL. D 0..... ~~ <( m c c '2 o N o u @) In E .5! :~ "tS 'Q) .... .c I o In - In C II) II) ... E "tS - "tS o <( a. G) '0 C :e I w j ~ II) E D :.: 3: :u M 'Q) ~ :I: I ~ a:: - ~ ] w::5 II) :E Q" ..Q <( c E Zw ;:) .... Z Z ~ C> II) ..., - C o V) 0 a: V) .c Q. <( Q" HI i:!i: 8. All( ..... < ~ t. W ~ .0 v J u - t) , ... 1- o 5 ~ L ~ 0"" ~o i V1 1'1 ~ I ~ :r- w Z o :z: r:i. .... Q" W o -- z 0:= ;new: ~ 'g:- c.. o >- .... Z ::> o U -ii ..:l 1 o '\S ~ C") ~ :> ~ e 10 03 i:i Q) r/) .:; ~ u o '0 ~ L1J L1J I U) ~ Z C> US Iii E ,'i" 'E QI '- ... :3 t) - o .Page I ot 1 Agenda Item No. 78 March 28, 2006 Page 24 of 86 ..;. .~:... ." ...l136311 to '.. .'caUER COUNTY :" .. ,C}fl~.oO l ~ fb1a taab:uamt P=-~ .,.. ~. obn ltaul1c:h 3:11:, &8q. J 'fIn .. P..uoh OI'HlI:a 5 Slack, 11..1... · -..INn.- - 2150 Goadlette Raa4, S.l.xth P1ClO2: It ''Wed ~...tllrJ it.... tal -'1 - llapl.., PL. 33~.f). 1te:1vc6 S tl"s.s .C' lr.Ull,U.le .J . n IA Pt'rSGCSo\ 1 F<ttpel"t) TI" ~. Parcell.D. JI=ber(8)' '2148JlaOOD3 ~. B~Il~t ~~ Q:mtee(B) ~ex I.D. t. tc..:!JSl.;::JJ~ G.C. PJlD'.QUJ:OS 0&'1 ... %JII'ORDftCMI ftOVDID BY 0lWII0Il MID WHIDJ'.r ~L~ OJ!' ft'rLB 8B.N1C11 OR 0PDIXu. . . 30 It ..20 RECORDED 18&8 OR BOOK 00019' PAGEi IIr .. . . lI' l. r ~ .. II, I .. . . . , :t!- IJ!B!S ~ DaD aac:lt. the /.6 day of AUgu"t, 1993, l:wy 1_t.,1d..11,. au WALDJt J. SPIB and SwaRt L'I!:HIWaI, I as IfJ:1Ul1:ee8 of che ViDJ.fz:e&:l K. VIUl Bouten ~t: da~ January 14, 1991, wlt.h full ~ and. _'tho~l1:.y to .1~ t.o p:otect., COllAl8:r:v& ADd ~o 6ell, or to lea.., 01' t:o encumber, or otbe%1f1ae t:o JA.8U.Ve a1td diepoee of tho real PJ:o~y dNcJ:'t,_d Mnin, he:e1l\atter ca1le4 tho G:Rt:oJ:, t.o BU!UIAI1D~, a ~1.d. Il'ln, who8e poat:offlce adc:lre.. 18 * 186 River Roa4 G2:fu\clv1.ew on Hud.aon, NY 10960 hereinafter called. the GJ:'am:ea, .1"n'~Il,f."'~ ~t 'theG%:'aD.tor, fOX' encl in cDu1de.rat1on of t:he sua t)f $10.00 artd. o~hB va,lwib1e conI1dor/!l;~.toD.8, receipt wbaz:eof .I._ ~ acknowledged, lw~Y' grant., bugll.1n8 , ..11s, aU.._ , J:_,blea, n16ueIJ I conveys and cont:: iz:mr unto the (Jral\tee, all that. certaJ.n land 15.1.1:.114t& in COll.1.er county, "lorida, vi:. Lot 13, Block Dt COIID8X". VaaderbUt Beach a.tateW, UDit 1, _ per pIa\: ~ I:8C01:Iktcl ill P1.at BoOk 3, pages 8 81IId. g. of t:!ItI hhUc Rac:cI:d8 of eolUa:7: CouIlt.J', Pl.oJ:.!.fa. ~ vJ.th all the ten&lll8ftt.., be2:ed1t.asaenta end. appurt:elUlJ1Cea t.bera'CO :bel0l\9inq or in an!Wise appe:r:t:ain!.ng. ~ D.awt aDd !!o IIold, the a_ in fe. aiaple fos:ever. ADd t'.ha Ikantor h&reby COY8Ilants with IJaJ.d Grant. that the ~antor 18 lawfully aeind of said lad in fee s1mpleJ tkat tbe Grantor bas good r.l.ghi: and lawful authOl."lt.y t;O ..11 aru::t convey paid laDd., that. the Grant.or heJ:eby fully WURa:t8 'C.be tLtle to sai.c:l land _.A ._..... ..._.._M.... .....-..._ ___-_ _.__...__~ .._~_ 'llL__._",..... &._~_..____ _.6f _...'" _______ f' . . . ... Ii ..- .. i ... .. r v .....- 1 t I , . . . I , - . .. - . . I II 'I . . ~ " r ~ . .. . . : . r. . . . http://www.collierappraiser.comlviewer/showimg.asp? 11/6/2005 Agenda Item. No. 7B March 28, 2006 (Amencan Land Title Association Owner's Policy - 10-17-92) (With Florida Modifications) Page 25 of 86 OWNER'S TITLE INSURANCE POliCY .Attorne}s'TIde Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or in terest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Wztness Whereof, A TIORNEYS' TITLE INSURANCE FUND, INe. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. ~l't"'",U'I."" ,..~\~~lHSU~I,... l~. .......\ . , .OU'<V. ... . f e (.<T" --'", 'i\ ~ ~, -.- ( . !=' ~ ;0 SEPi' ~; \:.:<:.,~.~~~...,.~/ Attorneys' Title Insurance Fund, Inc. ~~ By Charles J. Kovaleski President SERIAL · if Y cs to the above, I have penormea aU .core . OPM- 842833 QUARLES & BRADY Agent No. 8488 FUND FORM OPM (rev. 2/93) ,.-... . . . ., Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Agenda Item No. 78 March 28, 2006 C h r; Page 66 of 86 . Y'I .s-hv-. e.... r S'-J? 0.. h ,'q 1< 112. S eC{ bre e -z...e.. Ave... 1\JCA.; les I F L 3Ljlot F.u.s-, g, 2.006 f.. '.': ~ : J LQ~i) Re: PETITION: V A-200S-AR-8693 Dear Ms. Williams: I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18,2006. 01~ Jp7~ Agenda Item No. 7B March 28,2006 Page 26 of 86 Exclusions fronl Coverage The following matters are expressly excluded from the coverage of this policy and The Fund will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement n ow or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govern- mental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Conditions and Stipulations (below insert) Agenda Item No. 7B March ~, 2006 Page 27 of 86 have the right to select counsel of its choice (subject to the rightof the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Fund will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Fund shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the tide to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Fund may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If The Fund shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever The Fund shall have brought an action or inter- posed a defense as required or permitted by the provisions of this policy, The Fund may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose. Whenever requested by The Fund, the insured, at The Fund's expense, shall give The Fund all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wimesses, prosecuting or defending the action or proceeding, oreffectingsettlement,and (ii) in any other lawful act which in the opinion of The Fund may be necessary or desirable to establish the tide to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required coopera- _ tion, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. with regard to the matter or matters requiring such cooperation. Condition.c; and Stipulations 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any righ ts or defenses The Fund would have had against the named insured, those who succeed to the interest of the named insured by operation oflaw as distinguished from purchase including, but not limited to, heirs, disoibutees, devisees, survivors, personal represen- tatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not consuuctive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart consauctive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, in terest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways orwaterways, but nothing herein shall modifY or limit the exten t to which a rightof access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (0 "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a)(iv) of the Exclusions from Coverage, "public records ~ shall also include environmental protec- tion liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue ofa contractual condition requiring the delivery of marketable title. 2. Continuation of Insw-ance After Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim To Be Given by Insured Claimant The insured shall notifY The Fund promptly in writing (i) in case of any litigation as set Earth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which The Fund may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to The Fund, then as to the insured allliabiliry of The Fund shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notifY The Fund shall in no case prejudice the rights of any insured under this policy unless The Fund shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant To Cooperate (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, The Fund, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encum- brance or other matter insured against by this policy. The Fund shall ..... 5. Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided The Fund, a proof ofloss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claiman t shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the tide, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage. The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con tin ue any litigation, with regard to the matter or matters requiring such proof ofJoss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bear- ing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of The Fund, the insured claimant shall grant its permission, in writing, for any authorized representative ofThe Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control ofa third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary Conditions and stipulations (continued) 9. Limitation of Liability (a) If The Fund establishes the title, or removes the alleged defect, lien or encum brance, or cures the lack of a right of access to or from the land, or cures the claim of un marketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the ti tie as insured. (c) The Fund shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of The Fund. information from third parties as required in this paragraph shall terminate any liability of The Fund under this policy as to thatcJaim. 6. Options To Pay or Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, The Fund shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together wi th any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of paYment and which The Fund is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of either of the options provided for in paragraphs (b)(i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Detennin.ation, Extent of Liability and Coinsurance This policy is a contract ofindemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of The Fund under this policy shall not exceed the least of: (i) the Amount ofInsurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraPh dealing with Coinsuranre was removed from Florida policies.) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but notall, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. Agehda'Item-NO. 78 March 28, 2006 Page 28 of 86 10. Reduction of Insurance; Reduction or Termination of liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability NonClUDulative It is expressly understood that the amount ofinsurance under this policy shall be reduced by any amount The Fund may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate'or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or desuuction shall be furnished to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipula- tions, the loss or damage shall be payable within 30 days thereafter, 13. Subrogation Upon Payment or Settlement (a) The Fund's Right of Subrogation. Whenever TIle Fund shall have settled and paid a claim under this policy, all right of subrogation shall vest in The Fund unaffected by any act of the insured claimant. The Fund shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued.lfrequested byThe Fund, the insured claimant shall transfer to The Fund all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit The Fund to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, The Fund shall be subrogated to these rights and remedies in the proportion which The Fund's payment bears to the whole amount of the loss. If loss should result from any act of the insured claiman t, as stated above, that act shall not void this policy, but The Fund, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, ifany, lost to The Fund Conditions and Stipulations (continued on reverse page) II II Agenda Item No. 78 March 28, 2006 Page 29 of 86 FUND OWNER'S FORM Schedule A policy No.: OPK-842833 Effective Date: August 30, 1993 Agent's File Reference: 9:20 AM Amount of Insurance: $289,500.00 1. Name of Insured: EBERHARD THIERMAJDf, a married man 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Record Book 1860, page 172, of the Public Records of Collier County, Florida. 3. The land referred to in this policy is described as follows: Lot 13, Block D, CONNOR'S VANDERBILT BEACH ESTATES, Unit 1, according to the plat thereof, as recorded in Plat Book 3, Pages 8 and 9 of the Public Records of COllier COunty, Florida I, the undersigned agent, hereby certify that . the transaction insured herein is governed by RESP A yes no . if Y cs to the above, I have performed all .core title agent seIViccs. yes no 4501 Tamiami Trail N., Ste. 300, Esq. QUARLES & BRADY Agent No. 8488 Agenda Item No. 78 March 28, 2006 Page 30 of 86 FUND OWNER'S FORM Schedule B Policy No.: OPK-842833 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year 1993 and thereafter. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Paragraphs 2 and 5 are hereby deleted. 7. Oil, gas and mineral rights reserved to prior owners. 8. Subject to Dedication to the perpetual use of the public as recorded on February 2, 1953, in Deed Book 3, Pages Band 9 of the Public Records of Collier County, Florida. 9. Subject to Deed of Restriction recorded on February 19, 1953 in Deed Book 26, Page 354 of the Public Records of Collier County, Florida. 10. Subject County, Collier in O. R. Florida. to Resolution by the Board of County Commissioners of Collier Florida, acting as the Ex-Officio governing the body of the County Water and Sewer District recorded on December 19, 1974, Book 608, Page 1264 of the Public Records of Collier County, 11. Subject to Final Order Establishing and Confirming Collier County Water Management District Number Seven recorded on August 12, 1968, in O.R. Book 282, Page 976 of the Public Records of Collier County, Florida. 12. Subject to Collier Water-Sewer District Resolution No. 85-4 recorded on June 25, 1985, in O.R. Book 1142, Pages 1796 and 1797 of the Public Records of Collier county, Florida. continued... Agenda Item No. 7B March 28, 2006 Page 31 of 86 CONTINUATION SHEET Schedule B POLICY NO.: OPN-B42833 13. Subject to Ordinance No. 76-07 recorded on September 15, 1976, in O.R. Book 662, Pages 715 and 715 of the Public Reords of Collier County, Florida. 14. The Ad valorem taxes for 1992 under Folio Number 27483720003 in the amount of $3,834.12 were paid January 28, 1993. 1993 taxes are not yet due and payable. 15. Collier County Ordinance No. 90-30 known as the Collier County Mandatory Solid Waste Collection and Disposal Ordinance. 16. Plat of Connor's Vanderbilt Beach Estates subdivision as recorded in Plat Book 3, Pages 8 and 9 of the public Records of Collier County, Florida. 17. Mortgage executed by Eberhard Thiermann dated August 13, 1993 and recorded August 30, 1993 in Official Record Book 1860, page 197, of the Public Records of Collier County, Florida, encumbering the premises captioned in Schedule A in the original principal sum of $150,000.00. msw /title/o-thier:a bOUA.../L:)AA? y ~vRVey Agenda Item No. 78 March 28, 2006 Page 32 of 86 t ~ ~ ~~ ~ : ~' t..c" /.z B/oc..I::. 'D- \ -:-'\ , ,\,\ ~ 1c>>7"c:= : ~ ' c.1t'vaP~n Sh..,....,., -'''' r"'~ri!"'e,,;.cd It:>S:1-Y '\..' ~no/ I!>rc ~.sre>" 0'" ~ .</...v"'a-,..../ tS~oo/~c ; y~""e'../ ~,.w~ ~...~ ~...~r~r..y hot".J" h7 ~t:J:,.-'/~z~,s-" J.i/~,r. J1 ~J ,""-Qc/Lane'AE -,,.h &kV: /J.t:)r::1' ~"..r,l fl ,.s p-,," Z'~.4, 1"'/.-',1, c/#w. /Z .c?t:J . ~, ,/"/"0/ J;;u. .R., /e' "1\;1....,,.- /ZOOt;7'.O/t!1'1..o ~1'ecl' ~/ 3/ at::. . ~ ,..d 3)&" 8,' (Jl.I~" ~., .........\ ....:: .:;r,-"" I ,.,,,~ ../' Cl , w~ --51 ~, \ "', \,I'/tK'J ",p, ~,. \% ___-~ '~8~O.J8'~) \(:) ______---- JJ1~l.c \W'I _- '(.'.5) ~---- ao,g/-- - \ L,rA ao.qC2:;E.)----...Or1v't:. ? ~~ ~~/ ----- --=.--- C/7P/'7 "ei.vv'J.------ ,,0 L ~+ /4 1!3 /Oc..t. M.o" I SlRVEYOR'S NOTES II-EREBY CERTFY TO c6r:rham T/7/e:;r''>?Cl.l?n ..z:;.,9r,d 7'/1//:::/".,..",.., " ntS CBt'1'RA n:>>4 . C>>l.. y 8.N?':: ,.c"/e:v-n:Y_ 2 , ;;: ~ ~~~ ~W'.;//t:.r ril er....q"y zm.s..t~CIfI ,.-<>>1 OP A-rr&v"'ne".,.r 7i,-./e,,&U: .-c:"'(,;"n~.z::rx:.. DESCRPTlON ':::'art / ,;:$, S/e;cA::. "D ~ Cb/?/7"'N YQ'~~~:'';:'''' .Bc~~.L~..r;rC'*..r v/?/ ~ t!._ w.:r r~ co rn1:-if;".. ~.{;,., -8~.<:: 3 ~!i'e' d,& <;: _, ~/._ __,...._-'....~../........_"'/"...~ :;:.-t~.,,..,JI"i,,_.,;e:-/rdi;' 1 SURVEY SKETCIloF BOUNDARY SURVEY FOR BUILDING PERMIT APPLICA TION FOR CONSTRUCTION I.'ATCRI.'Ar 100' ROV N.79.0B'OOT. I.' 80' (P) 6.8' FIR 5/8' NO ID 10' UFFSeT _ ID' _ _ N. 7')'OrOI 'E.. 79.86' ( ) <:. LOT 13 <:. ..,; BLOCK D ~ C"'He C\j SCReCNED UNIT I u. POUL AREA Lor H BLOCK D CONe 12.8'", M 10.3' " q. <:. :i COVH~CD PATIO ;., 13.1' 15.0' eli ;;::: .... c::. ~~ , <:> ~~ ~t . ~ .... ru::: c::.!::> '<:> '" ...... ' ~g <:. Qj '" SINGLE: STORY Res I DCNCC -10.1'- 32.2' SCRe[NCD " 5.8' [NTRY <Ii ... ~ PLANTCR B<iIO: IooALK I IF.' 5'8' NU iD . 5.7;1"09 J5'\,'. 8(1:;' ('11 7') 84' 1M) 811' (P) rIR 5/8' L -' pp 4995 T'v~ I ~I~ '" ~ '! I :'? ::1 !.~~S OF' BCARING-.... J___ S.79'OS'OO'l.l 80 (P) ~~ ~. I _'U l..> ~ ~ I ~ is-'; l..J -.. w 'I~ .... ~ r-i ~l Ei'iICK [0."11 [ . ..._h... FND PK & DiSC 6355 ._~NT<R0..N[",,-- CI/4NNE:L DRive 5.79"1)8'00'1.1. 16/100' (PUt! 60' RO\" LEGAL Df.SCRfPTION : ------~~------- LOT 13, IJLOCK D, CONNORS VANDERBIL T Bf.:,4CH [STriTIS', UNIT 1, 11 CCORDrN(i Tn /Ht Pill T n-/iREOt AS RECORDU) IN PL rl T BOOK J, f'11(jFS 8 Tl-lRflU(J/I 9, INCL USIVC Dt THE PUBLIC RECORDS OF COLLIER COUNTT', FLORIDA CEHTlF'IED TO EBeRI/APD TlITeRMIlNN AND INGRiD TlfrCRMriNNj BtlNe FL OR r VA; QUARl.ES ANn BRADYi A Tl17RNDS' T llU- iNSURANce FUND, iNC FIR 5/9' NO ID to' DFFS~T 9.8' Yl .... c::. !'l ~ c; 'v ui ci w c::. Dj ~ r-i .... - ru ~ C <:> ~ 1> % '-' LP TANK \,',8 o rIR 5/8' NO ID -- rND TAC NO ID 1.3' S~A"'ALL Agenda Item No. 78 March 28 2006 STReEp~~:86 117 CHAN'fitLWDRlve NAPLES, FLORIDA. Lor 12 BLOCK D j ~$e f SCALE' J' = 30' RIGHT 0,- \,IA Y, rtR S18' 115222 80.03' (MJ 80' (P) [DOC or PAVEHElVT, I 15 30 GRAPHIC SCALE 60 FLOOD ZONE : COMMUNITY PANEL DATED : (FLOOD ZmiE : ..S":C.....D". & 'Y' ARE NOT IN DESIGNATED FLOOD HAZARD ZONE AREA.) AE: 13 J20067-0J89E: 2-J6-95 CERTIF'ICATION : I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSlor~AL r ANn c:;,t fR\I""-Yn.JiIC': ^ ....Jr.\ 1I J', !Jnlil""hC'" lid ""1 I ..-,............ .... 4.... 4 - - - .- NOTE. 1'~1 ....n.,n. ~....,,...- . -.-.. -.- N t<-t o - ro<.o(.O Ji9g~ " 0 -'d" ..oM t;N aLe (l) ==~g> roroCL -g~ (l) en <( g. ::;E .... c:: oC a... lI"l 0 0 ~ C"l - 00 l:- II ~ c:: '5 i a(! 0 N ~ N a: x:: 0'1 00 ffi c. 0 a:mCll..... CD I:- ;;; 0 8~~C:!:: 1:l 0 .!!! 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'" r- II ~ ::: 's '0 ~ Q) \0 0 '0 ~ .S; C'l a: e M 00 ffi Co ~ a:iilCJ)~ Q) 0\ :;; C'l C')~Zc::c: '0 \0 oa:Zwz .!!! 0 8w~z::> i5. ~ .!ii ~ffi()5~ 0 If) &lzl--OW ~ '0 00 ~z;:c:c Q) III \r) ~ <( .- 0 0 Q) 00 ..::!;~~lD C. M .!ffilU'l:~ 1ll II S:i:Z~1i5 II) >d Q) ~1-"CDa: ~ z..""OwC') ..... .....-0-- !! E .2 E I &z I- :;; ~ ;f:ras~~g ~ 0 0::: C c ~ .S! ~ ~ .e .....J .s CD II 0; l-; 0 "9 0.. 0 ('l;\ 6- 0.. :l ~ '0 C ~ '" CD 0; ~ :5 - uC ~g -'" (1)- ~ o~ Ee- Z Q)Q) < =~ g:!!1 .....J ~.... II .~ c: ..... c i5.~ 0 'C .EJ!l 0 al.-: c(l E'~ E- li E~ ~ 85 ..... ..... ",01 ..... - '0 C"-- j~ >< 0.. "'- gj -0 0-_ 0- ....; <( ~ C Q; -t:: 8- 0.. It g. ?:- E C :l -.. 0 0.. (.") ('l;\ ~ E 0 .0 (.") 0 Gl ::: = E .!! :E 0 3= u Q; ....; II) Q) .(ij [/) c. 'a 0- l-; <( 0.. ~ 0... Q; cU 0- ~ 0 It ?:- C :l '-! 0 (.") [/) ~ 0.. ('l;\ (5 8 (.") ::::::: ~ 8 0.. '" ~ ()) ..c c I Z ;;l i' w .c".. ~z ~~~If 4(& O~~...o :Ej J j J J f ~ DO D. Aue 08 05 12:13p Collier Co. ADDRESSING 941-659-5724 Au& 4 2005 13:30 Agenda Ite~J. 78 P. 02 March 28, 2006 Page 36 of 86 ADDR.ESSlNG CHECKLIST Please complete the following g submit fur review to the Addressing Section at 2800 N011h Honcsb.oc Drive or fax to (239) 659-5724. tJot all items wiD applY to eve:rv proiect. Itans in. bald type are reQuired. Completed addIessing checklist is required at the Prc-AppJicatioll mcding. 1. Lepl deIcrlptioD of subject plpptrly or properties (copy of lengthy ducription m4Y be att4Ciul4) Please see attached L-o~<'\U~ "'i:L~ 10.; \, ~L &.-4. ~~ \ 6\~ ~ f~ ~3 2-9 - ~'6'- ZS . 2. Folio (Property ID) aumber(s) of above (atli.Jch to, or QSsoc1are with, If!gaJ description if more tlum one) 27483720003 3. Street address or addresses (as applicable, if alretUJy auignd) 117 Channel Drive.. Naples. Florida 4. Loc:atioD map, showing c::uct location ofprojectlsit!: in relation to nearest public road right-of-way (attach) s. Copy of SUJ'Vey (NEEDED ONLY FOR UNPLA TTE.D PROPERTIES) 6. Proposed project name (if appliCD.ble) 7. Proposed Street names (ifapplic4ble) 8. Site Development Plan Number (FOR. EXISTING PROJECTS/SITES ONLY) SDP_ 9. PetttiOD. Type - (Complete a separate Addressing ~klist for each Petition Type) o SOP (Site Development Plan) DSDP A (SDP Amendment) o SDPI (SDP Insubstantial Change) B SIP (Site Improvement Plan) SIPI (SIP I Insubstantial Olange) o SNR (Street Name Change) o VegetationlExotic (Veg. Removal Permits) X Land Use Petition (Variance, Conditional Use, Boat Dock Ext.. Rezone, PUD rezone, etc.) o Other - Describe: o PPL (Plans & Plat Review) B PSP (Prclimiuxy Subdivision Plat) FP (Final Plat) o LLA (Lot LiJK, Adjustmeut) o BL (Blasting Pmnit) o ROW (Right-of.Way Pcnnit) o EXP (F.Jtcavation Permit) o VRSFP (Veg. R.emoval &. Site Fill PCIDlit) o lDR (TrmsferofDevelopme:nt Rights) 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or cxistiDg) II. Please Check One: X Cbecklist is to be Faxed Back 0 Personally Picked Up 12. AppHcaDtName Richard D. Ypvanovicb Pboae435-3535 Fu 435-1218 13. Signature on Addressing Checklist docs not cons1i.tute Project and/or Street Name approval and is subject to further review by the Addressing Section. ' FOR STAFF USE ONLY Primary Numbec c;. ?-H7 " Address Number C,,3:,OG,o Address Number Address Number Approvedby 1) n.n;.A fVU'l.fLM Date ~- o~-o_s Agenda Item No. 78 March 28, 2006 Page 37 of 86 AFFIDA VIT Well. Eberhard Theirmann being first duly sworn, depose and say that well ami are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application. including the disclosure of interest information, all sketches. data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our A:nowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete. and all required information has been submitted. As property owner Wellfurther authorize Richard D. Yovanovich ourlmy representative in any matters regarding this Petition. to act as u~~ Signature of Property Owner Signature of Property Owner Eberhard Theirmann Typed or Printed Name of Owner Typed or Printed Name of Owner The forego~ instrument "if acknowledged before me this :cl-::, day of ~'li::I 20..Qj"f. by ~Q,.l~.".d ~\e..QMf<t::.tJwho is personally J....7i.own to me or has produced ( '"f'"'L, 'D L-, as identification. ~ State of Florida County of Collier NOTARY PUBUC.STATE OF FLORlDA Notary st.am~ Karen C. Stevenson Commission # DD467739 Expires: ocr. 14, 2009 Bonded Thru Atlantic Bonding Co.. lnc. . . COLLIER COUNTY r BOAlf.' OF C9,UNTY COMMISSI( ,FRS _ "__~__n__~EIl~IT_~_._______'___________ Agenda Item ~o_ 7B. MarjC~ifZ.~.A ii, Pag~ t>t'8t5 . #". PERMIT #: 2001022294 ISSUED: 04-24-01 BY:' GARRETTS, MASTER #: 2001022294 COA NIA JOB ADDRESS: 117. CHANNEL DR JOB DESCRIPTION: ADDITION I ALTERATION PERMIT APPLIED BR2A 02-28-01 ,VALID 294 APPROvAL' DATE: 04"';24-01 JOB PHONE: SUBDIVISION #: 329 - Conners Va;nd Bc::h Est 1 BLOCK: D FLOOD MAP: 0189 ZONE:, AE-13 ELEVATION: ' FOLIO #: 0000027483720003 SECTION-TOWNSHIP-RA,N 29 48 25 LOT: 13. OWNER INFORMATION: THIERMANN. EBERHARD 1 ~ 7 CHANNEIi DR CONTRACTOR INFORMATION: NAPLES, FL17C02 341082141 CERTIFICATE #: PHONE: FCC CODE: 434 - R/ADDITION. ALTERATION CONSTRUCTION CODE: 6 / TYPE V - NONCOME WALL-UNPROTECTED JOB VALUE: 136.000.00 TOTAL SQFT: 1.406 "'--"BACKS FRONT: ER: CONTACT CONTACT 30.00 REAR: SEPTIC N NAME: EBERRARD . PHONE: (941\ 566-1676 25.00 LEFT: WATER: 7.50 RIGHT: 7.50 WELL N 'Per Collier County. Ordinance No. 96-83. as amended, all work under the approved building permit shall comply with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of Permit. The approved permJt eXpires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful completion of the foundation inspections as stated inOrdinan~e No. 96-83 J,04.6.l.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands that only licensed contractors may be . employed and that the structure shall not be u.sed or occupied until a Certificate of occupancy is issued. I I NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property'that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies/or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WIT'" YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. r.TJPR?O?O r) i- Official Receipt - Collier County Board of County Commissioners I~ . .. Agenda Item No~ 7B . March 28. 2006 Page 39 of 86 . -- --eePR11 03~OfflCialReceipt Trans Number 259567 Date Post Date 04/24/2001 10:45:42 AM 04/24/2001 Address: 117 CHANNEL DR Owner: THIERMANN, EBERHARD COA #: N/A Permit Type: BR2A Job Desc: ADDITION 1 ALTERATION Applicant: EBERHARD THIERMANN DBA: SWr Meter: Wtr Meter: Payor: THIERMANN Fee Information Fee Code Descriotion GL Account Amount Waived 08BCAI BLDG. CODE CERT. SURCHARGE 11300000020882000000 . $18.41 08BPNP BLDG PERMITS ~ NAPLES 11313890032211000000 $777 . 00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $5.55 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $18.41 08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-184.10 Total $635.27 Payments Pa ment Code CHECK Account/Check Number 1251 Total Paid Amount $635.27 $0.00 I $635.27 $635.27 I Total Cash Total Non-Cash Memo: Cashier/location: GARRETT _S / 1 User. DIAZ_M Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:04/24/2001 10:46:15 AM BOAR . '.' \ COLLIER COUNTY OF COUNTY COMMISSI< "/ lERS Agenda Item tio. 76 March 28, 2006 Page 40 of 86 \ I PE~MIT APPLICATION PEmfiT . r:-200102229-4'---'-- .______~___--._n__.__ .'-". PERMlf'.--..----.BRzx------------ v:u.:rD ---294------.--.. ISSUED: BY: APPLIED 02-28-01 APPROVAL DATE: 04-24-01 MASTER =It: 2001022294 COA N/A JOB ADDRESS: 117 CHANNEL DR JOB DESCRIPTION: ADDITION / ALTERATION JOB PHONE: SUBDIVISION #: 329 - Conners Vand Bch Est 1 BLOCK: D FLOOD MAP: 0189 ZONE: AE-13 ELEVATION: FOLIO =It: 0000027483720003 SECTION-TOWNSHIP-RANG 29 48 25 LOT:13 OWNER INFORMATION: THIERMANN, EBERHARD 117 CHANNEL DR CONTRACTOR INFORMATION: NAPLES, FL17C02 341082141 CERTIFICATE =It: PHONE: FCC CODE: 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 6 / TYPE V - NONCOMB WALL-UNPROTECTED JOB VALUE: 136,000.00 TOTAL SQFT: 1,406 SETBACKS FRONT: 'ER: .TACT CONTACT 30.00 REAR: SEPTIC N NAME: EBERHARD PHONE: (941) 566-1676 25.00 LEFT: WATER: 7.50 RIGHT: 7.50 WELL N Per Collier County Ordinance No. 96-83. as amended, all work under the' approved building permit shall comply with all appliCable laws, codes, ordinances and additional stipulations and/or Conditions of Permit. The approved permit expires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful completion of the foundation inspections as stated in Ordinance No. 96-83 l04.6.l.b as amended. Fee Resolution-No. 96-594 provides for additional fees for failing to obtain permits prior to commencing construct~o~. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. NOTICE: In addition to the requirements of this permit, there may be lldditionlll restrictiona applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water manllgement districts, state agencies, or federlll agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING ~ONSUL T WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 COLLIER CO' .~TY GOVERNMENI APPLICATION FOR BUILDING PERMIT COLLIER COUNTY. FLORIDA 941-403~2400 Application Date -1_'_ Approved Date --1_'_ Issue Date _'-1_ CSA gPO# COAt Property ID #~., ~ ~"6 'l BCJOo3 Job Name: THIERMANN Construction Address: 117 CHANNEL DR IVE NAPLES, FL U~E OCCUPANCY - NON-RESIDENTlAL Applicant: EBERHARD THIERMANN ,CCJNSTRUCT~QN TYPE: SPKL UNSPKL_ Address: 1 1 7 CHANNEL DR IVE ~ ~ II" III l~; IV Drot V V pmt ~('Vi) VI Dmt City: NAPLES State: FL Zip: 34108Q.~' SQUARE fOOTAGE: ~"~I'n;J'~/ .C'~^ PhoneNumber:r941 '566-1676 l-lVing~Sq. Ft.S _~~~ O~ Owner/Owners: EBERHARD THIERMANN . 'riIon Lilli'rl'g Sq. Ft. ~ "fT, Addres!;: 117 CHANNEL DR IVE ~ota , . q. Ft. City: NAPLES State: FL Zip: 34108 # edrooms: 3 #ofBathrooms: 2 Phone Number:! 941 \566-1676 al Panel(s) Buss Ratings: 200A Contact Name: E _ Th!ermannTel #L2..4..lJ 566-1676 # of Stories: 2 Subdivision CONNORS VANDERBILT BEACH ESTAT Building Height: Et. ~\ ~.- Section~ Township 4~ Rang~Area_ Number of Dwelling Units: ONE Block D LoVParcel~_lInit..Q.~Tract_ PARKING:' \ loc.I FIRM PANEL#12()(%7-{)ig9Z0NINGa ?SF-::' TAZ: :3:>~ r-re. \:::, General Location: 1 2 3 4 5 6 7 8 9 10 11 12 13. Number of off street parking spaces: PROPERTY SPECIFICATIONS: Acreage 9,600 FT Enclosed: 2' Outdoors: 2 Lot Width: 80' Lot Depth: 120 I Area Bldg Width: 60' Bldg Depth: 57.2' Setback from Property Line: 30 . 1 ' Fmnt:_ 2c> ' Rear:--.e;;;l.$ _ . UTILITIES: Left Side: . -c '.S Right Side:_ ~ .~_ ~e of Sewage Disposal: (circle one) Base Flood Elevation: 1 3 ' E9 CN SEPTIC OTHER Surveyed by: F. L. A. SURVEYS CORP. *,C\.Q Bench Mark Elevation: Location: Private: c. Q '>c" S - - \ Coastal Zone: Yes x No Certification: Breakawav Walls: Yes VALUE/COST: CeRtreetere CeRtraet~!l Ceetlt /3a DaO.DO , CDS Calculated ValueS _ Description of Work: Add! t!on/Al teration IF OWNER-BUILDER, A WARRANTY DEED MUST BE SUBMITTED TO PROVIDE PROOF OF OWNERSHIP OF PROPERTY AND DRIVER'S LICENSE OR OFFICIAL PHOTO 1.0. FOR IDENTIFICATION OF APPLICANT. Owner of Record-Name: EBERHARD THIERMANN Address: 117 CHANNEL DRIVE City: NAPLES Slate FLORIDA Zip:34108-2141 Bonding Company: NONE Address: City: State Zip: ArchitectiEngineer's Name: MARIO LAMENDOLA. AddffiSS: 371 CO~ERCIAL BLVD. City: NAPLES State FLORIDA Zip:34104 Mortgage Lender's Name: NONE Address: City: State Zip: A recorded Notice of Commencement must be posted If project valuation exceeds S2.500.00 WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING lWlCE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMEMCEMENT. _L~ PERMIT TYPE - RESIDENTIAL _I _2 _3 _..x_3 _5 _6 _7 ~8 _9 SR2. - BLDG RES 1-2 STORIES - NEW BR3 - BLDG RES 1-3 STORIES - NEW BR4 - SLDG RES 4+ STORIES-NEW BR2A - SLOG RES 1-2 STORIES - ADD/ALT BR3A - BLDG RES 1-3 STORIES - ADD/ALT SR4A - BLDG RES 4+ STORIES - ADD/AL T BRMH - BLDG RES MOBILE HOME BRPM - BLDG RES PARK MODEURV. BROT - BLOG RES OTHER No MASTERPLAN NU~BER F. )E 1 OF 4 Agenda Item No. 78 . March 28, 2006 Page 41 of 86 PERMIT TYPE- NON-RESIDENTiAL _10 _11 _12 _13 _14 BC3 - SLOG COMM 1-3 STORIES - NEW BC4 - BLDG COMM 4+ STORIES -NEW BC3A - BLDG COMM 1-3 STORIES-ADD'At T BC4A - BLDG COMM 4+ STORIES - ADD/At T BCOT. BLDG COMM OTHER RESIDENTIAL fMOIt~-:?l!IlrWXAlC SPEC.'S TONNAGE 5 EPI# 0.99 SEER# 1 2 USE OCCUPANCY - RESIDENTIAL SINGLE FAMILY Handicap NO Boat Slips: 1 x ].Yee of Water Supply: (circle one) '-e9 CN WELL OTHER Private: Water Meter Size: {' - 0 \,,C\ S. ~ : <\... c., 'PAGE...LOF ~ PERMIT NUMBER:_ -... APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA .------.------APPLlCANT'S-SIGNATURE AND OATH-OR AFF:lRMA~lQN Agenda Item N.D- 78 March 28, 2006 . Page 42 of 86 The approved pennit andlor pennit application expires if not commenced within six (6) months from the date of issuance. The pennit or application fee will be four times the amount of the permit fee, if work is started without an approved pcnnit. The permittee further understands that only licensed contractors may be employed and that the structure will not be used or occupied until a certificate of occupancy is issued. By signing this pennit application, I agree that I have been retained by the ownerlperrnittee to provide contracting services for the trade for which I am listed. Furthennore, it is my responsibility to notify the Customer Service section of the Building Review and Permitting Department should T no longer be the contractor responsible for providing said contracting services. I further agree that I understand that the review and issuing of this pennit does not exempt me from complying with all County codes and ordinJl!lces. It is further understood that the property owner/permittee is the owner of the . permit . n I I\'_ ()l~ NlA tJl.1J1.LU?'1 General ~oDirallt9l"s Name: .Ef3.iH!/1J1RD THI.e-JrI1f1NIJ State Registration No. Social Security No. Card No. Address /l7C.'H~AJN.E'.L l)R. City ~=-":':";'Io.s;> Phone(-?J;~)5()6-i6"b Qualifier's Signature (must be notarized) 1. . U Date 'Fe..\o. (b. ~oo \ State of Florida, County of Qo '-1,_ ~ r- This building permit application w-i:rS!lribed before me this J {", day of ~I" ~ . 20 (') \ . by C:r"" ^~. . 11U\ W\A..~ '" ,who is personally known to me or produced Fe Dr. L\: c.. as identification, and who stated upon oath or affl!tnation (circle one) that helshe has read this building permit application, that the information and statements in this building permit application are true to the best ofhisiher knowledge and that the work to be done is authorized by the owner. (SEAL ABOVE) ~A~~~^_ y.?~_ NottJry Public BARSIltU ...':"":7' . MIS: - EXPIRE~ U.;. . . _n...";-' . -"". printed. typed. or stamped WnsH ~Jl..\dc'l Electrical G~lItral:tor's Name: E fiER HP R,D TN},E RMfJ AJ rJ State Registration No. Social Security No. Card No. Address 117CNfNJN~.L .DR. City2~ State~Zip ...:H.iOg Phone I!'f~) S{(,,'fG7G Qualifier's Signature (must be notarized) _~:/A'?U1'J6u~ Date 1-<tIo. lb,~OO\ State of Florida, Countyof Q.o \ I ~ e. r . This building permit a~liCatiOn "'T:hb~Cribed before me this J ~ day of ~ 20 l> t . by p.'o p r fI f" J LJ -^ lfl'l tl ~ '" . who is personally known to me or produced F"l t;...- Lt c.. as identification, and who stated upon oath or affirmation (circle one) that he/she has read this building perrnit application, that the information and statements in this building permit application are true to the best ofhislher knowledge and that the work to be done is authorized by the owner. f3:, a.. J.:, 0./\ "- ~A No/ary publr.: '--- (SEAL ABOVE) or stamped BARIlAAAROSE MY COMMISSION' CC 698847 EXPIRES: OIcember 7,2001. ""l1lllll_-U.- PAuE :..i- OF ::L- t'i.,;KMIT NUMtlt;K:_ APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA OWller Bu,'Ioler Plumbing-Gentr-eetor's Name: .EB;::RHA~'D TI-I/E!2''-1A1.JIV --~-_..._-_.__..__.- State Registration No. Social Security No. Caro No. . Address 117 CHn!JFo./~.L T)~ CityU~ Zip 3'1108' Phone ('t'rI)SU ',/0. T(o Qualifier'sSignature(mustbenotorized)~_~~ Date te.~, \b.~OOl State of Florida, County of ~ 1\ \ ~.A This b~lf~: ~~i~;rica~n ~ subscribed before me this / t, day of' h/.,. ~.cQool by , J hI O.A Wv..". VI , who is personally known to me or produced F L. ~ r ( .1 ~c:... as identification, and who stated upon oath or affinnation (circle one) that he/she has read this building permit application, that the information and statements in this building permit application are true to the best of hislher knowledge and that the work to be done is authorized by the owner. ~ AlfCi\'~ROSE ~; ,." .:["';" 1.If COM~ISSIOtH CC 698847 k.... - .., EXPIRES: December 7, 2001 , ',,' _dThN"OII/)'N>lk:-'" B/1 .l.J.,c~ ^ ,., (2r7 "'- No/ary Pub ;c - ----, printed. typed. or s/omped Ale Mechanical CQDtI'3ctoFsNanle: .EB.ER/"IRRD THJ,Ef2fV1HloJfV State Registration No. Social Security No. Card No. Address...J.1LC:HmJN):,L })/i? City iJ-N~ZiP 3';/08 Phone(91f~J6l6'-IG7<.o Qualifier's Signature (must be notarized) ~AA.,,( Date~\ , State of Florida, County of ~ This building permit application was subscribed before me this / It, day of {:; h . W'"~ by. t~t'f;~rtC )J'Jj;...rYhCtb~. who is personally known 'to me or produced f=c ~ c as identification, and who stated upon oath or affirmation (circle one) that he/she has read tlus building permit application, that the information and statements in this building permit application are true to the best of his/her knowledge and that the work to be done is authorized by the owner. f3n~ f?~ . No/ary Public AL AIWlJIllU.'J'lOSE MY COItlMISSIOO , cc 698847 EXPIRES: December 7. 2001 _1) aIaty PubIc- printed. typed. or stamped G Roofmg CQn1raetor-'s Name: .El3.E.R H fiR;) T Ii J~RM I f/v'f'v , State Registration No. Social Security No. Card No. Address I r 7 c?!-IJH.Nv'.EJ.. :i)t:" City ~"~S,ta~ Zip 34108' Phone{94:J .~h~f"';6 7" Qualifier's Signature (must be notarized) _~ e-c--;; AhU Date~O\ State of Florida, County of Q.c. 11, ~ - This building permit appIica~ ~as subscribed before me this ) (p day of ~ ~ ' ...vr~/ by f:{J1?..A ~ .:JbU'.JlWl~~11. who is personally known to me or produced f( ~r U c.. as identification, and who stated upon oath or affirmation (circle one) that he/she has read this building permit application, that the information and statements in this building permit application are true to the best of hislher knowledge and that the work to be done is authorized by the owner, /? n ~-< Ica.A I1A (J-flKA . Notary Public -- (SEAL ABOVE) printe mped ,": t(. My ilARBARA ROSE .-71 COI.IMISSION , CC 698847 ',."/t>.' expIRES: Oectrnber 7 2001 ,.'~ ........1Jvu'-Y_............. BARBARA ROSE MY COMMISSION' CC 6988<17 . EXPIRES: December 7.2001 8onclod n.ru N01Ity I'1A>Ic Undonwtlm Agenda Item No. 7B March 28, 2006 Page 43 of 86 PAG<<~OF.2:- rr-K1VllJ l'llJlUUIlIn.. ....-, Agenda Item N$). 78 March 28, 2006 Page 44 of 86 " APPLICA nON FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA OWNER-BUfL-DER-DlSCWSt:JRE-5FA'fEMENT (Disregard if Applicant iSl1Q1 In Owner-Builder) State law and Collier County Ordinance requires construction to be done by licensed conttactors. If you are applying for B pennit under an exemption to that law, the exemption allows you, as the owner of the property, to act as your own contractor even though you do not have B license. You must supervise the construction yourself. You may build or improve a one-family or two-family residence or a farm outbuilding. The building must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease a building you have built yourself within one(\) year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of this exception. Moreover, an owner-builder applying for or receiving more than one (1) building permit for the construction of. one-family or two-fiunily dwelling in any three year period shaD be prima facie evidence of building/contracting without .. license which is . violation Gf the Collier County Code. It is your responsibility to make sure that people. employed by you have licenses required by State law and by County or municipal licensing ordinance. Any person working on your building who is not licensed must work under your supervision and must be employed by you, which means that you must deduct F.I.C.A. and withholding tax and provide workers' compensation for that employee, an as prescnDed by law. Your constmction must comply with aU applicable laws, ordinances, building codes, and zoning regulations. NOTICE: In addition to tht requjremcnt.~ of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this County, and there may be additional permits required from other go"ernmental entities such as water management districts, state agencies, or federal agencies. WARNING OF POSSmL'E DEED RESTRICTIONS THE LAND SUBJECl'TO THIS PERMIT MAY BE SUBJECT TO DEED, AND OlHER RESTRIcnONS THAT MAY LIMIT OR IMPAIR THE l.ANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLl.IER COUNTY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVISE TO TIlE PUBLIC RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHALF OF THE LANDOWNER IS CAtmONED TO SEEK PROFESSIONAL ADVISE. . WARNING ON WORK IN COUNTY RIGHT-OF-WAY .IS permit does not authorize cODStr.lction or installation of any structure or utility, above or below groWld, within any right-of-way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary a separate pennit for that pwpose must be obtained from Project Review Services (941- 403-24(0). APPLICANT'S SIGNATURE AND OATH OR AFFIRMATION The it and/or permit application expires ifnot connnenced within six (6) months from the date.of issuance. Thepennit or application fee will be four times the amount of the permit fee, if work is started without an approved permit The applicanVpennittee further understands that only licensed contractors may be employed and that the structure will not be used or occupied until' a Certificate of Occupancy is issued. Applicant's Name~~ontractor-eircle one): Eberhard T'hiermann State Registration No. (if Contractor) Card No. Social Security No. (if Owner-Builder) Address 117 Channel Dr! ve City Naples StateFL Zip 34108 Applicant's Signature (must be notarized) i.. "'11.1.1 ~ AJ11A' AJ ~ ~ 4 _ State of Florida, County of Qo \ I \JU\ 'J21~ bVilding permit application was subscribed before me this -1.1.P_ day of F eJ.., , 20-'LL by >=- n \1lA 'Y'II r, ill V\ . who is personally known to me or produced as identification, and who stated upon oath or affmnation (circle one) that helshe has read this building permit application, that the information and statements in this building permit application are true to the best of his/her knowledge and that the work to be done is authorized by the owner. f3t11 ~ -l~_ ~ ^..... No/af')' PublIC Phone (941) 566-1676 Date t:e ~ l bl ~00\ (SEAL ABOVE) printed. lyped, 07 stamped BAABARA ROSE MY COUMISSION f CC 6118847 EXPIRES, Oecembet 7, 2001 This cht:dl'.' ""ust be submitled with permil application par:'---'e! Agenda Item No. 78 DOCUMENTS REOUlRED DOCUMENT A nON REOUIRED ON PLANS March 28, 2006 Page 45 of 86 Yes No N/A Yes No N/A I. COMPI.ETED BUILDING PERMIT 1. WELL LOCATION 0 0 I!l H_ APPLICATION. --1&1- -lJ--:.- g 2.-PLANS DIMENSiON ._--!H--O--O ---.--.---.-...- ------ "-., 2. SITE PLAN APPROVED (SOP) 0 0 18I 3. FOUNDA nON PLAN VIEW ~ 0 0 3. COMPLETE SET OF PLANS 31 0 0 4. CONSTRUCTION DETAILS 2!ll 0 0 1&:2 Family 2 sets - Septic 3 sets (Footings, Walls, Roof, Slab, etc.) Multi &. Commercial .5 Jets .5. EGRESS WINDOWS fg) 0 0 4. SITE DRAINAGE PLAN 0 0 ~ 6. FlREPLACE/JENNAlRE DETAIL 0 0 l!I Must be Approved by Developer 7.. OPENING PROTECTIVE 3J 0 0 .5. ENERGYCLACSW~NUALJ 181 0 0 8 SHEER WALL DETAILS I!I 0 0 3 sets with J attached to application 9 ONE HOUR PROTECTION 0 0 ~ 6. TRUSS LAYOUT INCLUDING 10. TENANT SEPARA nON 0 0 IKI REACI10NSlUPLIFT IKI 0 0 II. ROOF MATERIAL gj 0 0 ,. ANCHOR. TYPES MANUFAC11JRE 12. ST AIRlHANDRAIL/GUARDRAIL AND CATALOG NUMBER 81 0 0 DETAILS 18/ 0 0 (should be shown on the Truss Plan) 13. HYDROSTATIC RELIEF VENTS 0 0 !8J 8. BOUNDARY SURVEY - iii 0 0 (A-Zone) INCLUDING ALL EASEMENTS IKI 0 0 14. BREAKAWAY WALLS (V-Zone) 0 0 III 9. COA 0 0 I!I 15. STRUCTURAL ENGINEERING 10. AUTHORIZATION LEITER 0 0 ~ PROVIDED. IF REQUIRED ~ 0 0 11. SEPTIC &: ENGINEERING 0 0 00 16. CALCULATED LOADS OF ROOF 12. FIRE SPRINKLER PLANS 0 0 ~ FLOOR BEARING MEMBERS aJ 0 0 13. RlGHT-OF-WA Y PERMIT R ~ [S) 17. AIR HANDLER LOCA nON I!SJ 0 0 14.Application for substant a1 amage 18. INSULATION IlD" 0 0 Improvement Review Yes 19. PLUMBING DETAIL [!J 0 0 OWNERlBUlLDER 20. PENETRATION DETAIL 0 0 18I owner Reconstruction/Improvement Affi 21. U.L. DESIGN PROVIDED 0 0 [!g OWNERlBUILDER AFFIDAVIT davi t~es 0 0 22. ELECTRJCAL PLANS lB1 0 0 WARRAN1Y DEED OR PAID TAX 23. PANEL RATINGILOCATION [gJ 0 0 RECEIPT [SI 0 0 24. SIGNED AND SEALED PLANS QAR Appraisal #10111208 Yes WHEN REQUIRED Jgj 0 0 I CERTIFY TIiA T ALL THE ABOVE REQUIRED DOCUMENTS ARE INCLUDED WITH THE PERMIT APPUCATION. Florida Statute #837.06 . False Official Statements Law states that: .. WhOe\!er knowingly makes a [alse stalement in wri/it/I!. with the intent 10 mislead a public servanl in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by afine to marimum of $500.00 and/or marimum of a sixty day jail term. .. Florida Statute #837.012 - Perjury wnen not in an official proceeding states that: "Whoever maltes ofalse slatement. which he does 1I0( believe to be true, under oath, Plot in an official proceeding, in regard to all)' material matter shall be guilf}' of a misdemeant)r of the first degree, punishable as prevlded in s. 775.082 or $. 775.083. Florida Statute #92.S25b(2) "Under penalty of perjury. J declare that I have read Iheforegoing stalernems and lhat the facts Slated in it are true." 8~ia~7UILDER . ~,~HARD THIERMANN t ~~~ [Signature) Phone Number: (941) 566-1676 Permit Number: STATE OF FLORIDA COUNTYOF~. The foregoing instrument was acknowledged before me this ~_~_O ( by ~~rc\. 'ti~t,.... ,,~ho is personally known to me or who has (NlIJI\t of penon aclmowledlin&) ~ . produced ~ l. () r- c.., C. as identification and who did take . (Type ofldonllrlCllion) (SEAL ABOVE) an oath. ~.~,.l b't~ OL. ~ J I !:1otary Public I&natun:) Commission No. . .,~~.~ B~BARA ROSE . ""';D\ t.4Y COIAMISSIOIl , CC 698847 :::~; 'f EXPIRES: Dacember7,2001 . "'~P.! . --~-- (Name of Notary typed, printed or stamped) MA:STEKl"EK.M1T NUMliEl( '-_. DATE ~ , Z8\6\ AMOUNT -'~"'t, ,\:) FEE CHECKLIST llLDING ELECTRIC PLUMBING MltCHANICAL GAS BCAI RADON POOUSPA SEM"lC FIRE wo ~,oo. s6,oo : \~~~ ,~ . RIGHT OF WAY WATER MNGT MJCROFILM D\Pt '5.SC;- _ .., fRVcrURAL [JlAl"~otlce of Commencement [i3""1Oo Footlnes o 101 Pile Caps o 10 rade Beam 3 Slab ~Ie Beam - o;r1 ~he8r Wan_ ~~Iumn. _ ~7 ~heathlng F.sda Metal -, ~ramlnll ii-109 In,ulatlon o 11!Jie Down (I}:"1'fl R~ ne III Progress o 11 ood proof q Fin Fir Elevation o 11 j.Ji'Ievator Cert ~5 Final BuildIng - 0 116 Steel Building o 117 Final Threshhold l..etter DIp-Lintel Beam [lY119 Fill Cells o 120 Flood Vent Relief o IP Concrete Deck u;vI22 Spot Survey -10 Day. o 124 Steel In Stair/Column. o 125 Elevator Pit o !)CrV-Zone Cert [1("127 Elevation Cert -0 128 Break Away Wall , 129 Engineering Cert .J 130 TIS Framing o 131 TIS Drywall o 132 TIS Insulation o ya'Monolithic: Slab !B"134 Final Roofing AMPS #I BatJu YEKMll rcUMUJ1~K COMMUNITY_ PAR RECIO A LmRARV FIRE ROAD SCHOOL WATER SEWER METER CHARGE HEALTH DEPARTMENT REQUIRED: - YES NO ~ UTILmES WATER CONNECTION FEES REQUIRED: YES NO V UTILITIES SEWER CONNECTION FEES REQUIRED YES - NO /' C,?PYO'N::MP07 USE ATTACHED: ;2,.e>o- Ql.... EMS (750.- ",999,99) (5,000 -4!1,,".99) :)'j I,~ (50,000 - I MIL) (I MI,+) (Mobile Home. Slnlle) (Mobile Home. Double) (Mobile Rome. Triple) R.V. .5 Tons o Prl"ete 0 Public _ Fire Plan Reyiew Fire Inspedion (JDltlal)~~ (pebllc:) VES INSPECTIONS ~MBING I!f JOO Plumbing Rough [3"'201 Plumblna: Tubset o 202 P1umblna: Slack Test o ;pa Sewer Tap -[Q"'104 Final Plumbillg o 105 Irrigation Final MEQH. Ale i!r'Joo Mechanical-Rouch A/C [3-101 Final Mechanical AlC GAS o 400 Cas Roueh 0401 Final CII d 402 Tank Tie Down ELECI'RTCAL o 59P"Eleetrleal T Pole ~~elrieal Rough ~~I Eleelrlcal ~3 Service Change - o 504 T f10rary Power o 50 ug 6UG o 507 Electrical Sub Req. FIRE o 618 Final Fire 0619 Pollution Control o 6211_P. Tie Down POOLS o 700 Pools Steel & Ground o 701 Final Pool o 702 Pool Deck c7'-\...J'-J' '-' 01 c::7C)\ "l T _ Agenda Item No. 78 March 28, 2006 'flp T r}.V Page46of86 . . ." ........ . '. (SI.a1. Family) (Matti-Fa.lly) (Mobile Ho..e) Vrrnn'el T1'llUer) SITE o 800 Right of Way o 801 Storm Water Mnemt o 802 lAndscape o 803 ParklngIHandlcap o 804 Well o 865 Septic o 810 Exotic Veg. Removal FIRE DEPARTMENT o 900 Marco Fire o 901 Ea.t Naples Fire o 902 Nortb Napl.. Fire o 903 Golden Gate Fire o 905 Ochopee Fire o 9061mmokalee o 907 Big Corkscrew SOLID WASTE o 99990 No Charae o 99993 SW DI.L 112 Unit o 99994 SW DI,L 211 Unit o 9!1997 SW DIst. 112 Unit o 99998 SW DlsL 111 Unit o 99988 SW Did. 2/1 Imm DIs o 99989 SW DlsL 1/WMlICo o 98 City of Napl~ /) - \ Official Receipt.;, Collier County Board of County Commissioners ,..... Agenda Item NO.7B March 28, 2006 Page 47 of 86 . \ . \ ..~ '} ... . --.CDRR~ .t03-....0fficial. Receipt Trans Number 250099 Date 02128/2001 3:47:44 PM Post Date 03/01/2001 Address: 117 CHANNEL DR Owner: THIERMANN, EBERHARD COA #: N/A Permit Type: BR2 Job Desc: ADDITION / ALTERATION Applicant: EBERHARD THIERMANN DBA: Swr Meter: Wtr Meter: Payor: E THIERMANN Fee Information GL Account 11313890032251000000 Total Amount Waived $184.10 $184.10 Payments Pa ment Code CHECK Account/Check Number 1233 Total Paid Amount $184.10 $0.00 I $184.10 $184.101 Total Cash Total Non-Cash Memo: Cashier/location: FROLOFF _E 1 1 User: COMPAGNONE_D Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:02l28/2001 3:48:06 PM '.'., . ROUTE SMEET -.'. ,-..,.; - ~..'. : ..-.. .~:;I~ ;~,~:"T:: ~ ~;~,; ,::~ ;i~':j COZMEN;' or ':l."; ..~!, ;...,~~:t;'.,.'r;i'.' :;d:f~ff ' / " '. ,1:i '!! N/A' ~'" ,,- . ",' -r" -. ;" ." ,"..!'" .' Structural') Out I(' II f) .' ... . "':"'}, '.; :'1' '" .,.,.\. ",":','>.,.. ..., .', '. " ;'.. -.' .. .' ~ ' ':"" A- "',;,.b ;'7"r~::i: ,', :'/"':':,' :"'C'.i'~': ':'~':;:':.".::' .L.;. Y'~.i0"'\.' :.:.'i~,..~,:!~.r.:,,-~,~,t:.<.. .,,~. c"; . . '/:':? '...../..;,!' ';" ',.' ,. .., "i;i:;:i " ...0 .' In '" H" ~., ".~.'" ' '.;'; .,X;/'{,";,:,.:; -,,',,""2~ ':~:'" Out ,.. ,.:', N/A "'. .,.' ::'',:;'' ':".''>'" "';:""':",.","",,:: '..: ..,.:~.: Plumbing. "' - " .>;::'.,;.....~ ,':~.. .:0',:";.':<:: ,.: : A . '0;.,. '. Id:;';::'i:'i.X'~'::,J;;' ""';:1 >cg. ;:,X..::,'.,';<A~."'<: .,;. ......." ':.~:c:. '} 7;... In H ',. IV;;?. ' . ..'......,.'.'. '.: .'.' .... .' .. ,.'.', .'; :':. >,,,';,' .- : .. . ..... ..',( :<-"~:!,, ,'" <,'.\c,:., "? Mechanical Out" NIN" ". . ";:' .);.,,::~;:.;; :,. .:,', :,.-., r:.':,:':~ .' ',," '.)). ,;,~...':!' , '.:. ., lr ,:~. '. ,: .' 0, ,::.:>,:..}j:"",:.i:::'::':;;'~'2'~':" :,~.'~' />'.:i~;; i;~w'.;.;'< .'G;S ..' '. N/A . o' ..... :",:"~"'.. ,"':,?":;::"\.'J:'.':t2,::,;,."::.'t":F:':'-,:,,/:.,:,, .... .... ..' ~Ul", ~ '. . .. ." _'.. ..... ',",(; ~; f:;';' .. .;:~, ,t?~j ~ d" In '. <,." :..".,.:;.'::..''':,.....,,:: ,i.';.::.,:,-":.,; '..:'",.":,;--' (",.-,'., " N/A' ': '''''',., ""<j' . ,,:"':,"'" .,,'. >.' e.". Electrical Out '". ..' ""0 ,'" ,....,..:'..':;__~:' , . ::,.<.i'..... "A" .., .'. ,', '}"\,:./C ::~,;.;::i,;.'~~,";:::t~+~'i' ',:.'. .., In, ~/A I." ....':.;, . ,~,:...:.,;i".'.:;."../::..':,:',.. ." ",:,':~i:D. :- ",'''''',:g,:.''...'' Handicap' Out ",":'-' ,'...."'.,,:' , . ' ". '0:,::'::;' " .' , '." """.;'".. :;';'.:y::; '" ':'>:',' -' " , ,~: , .:, In . '.' ~" ..'.jr.:,;j,:,(,';,.;:"<>:~; :{':"'--"'';:::i:,:''','Tt'j.: ,i Out-. N/A .....' "",,..:i;,}')'!,~:::'::'O\l:;:?".;~~,~d'~.!:,/L';':::,"L:';">, -, ,;:, ... <: . ." .... ,;,;.:-;.;~.;.,.,..,>':."."" :.. ""::':"; , ,.' .. . " '. . A" " :;,' ',: 'Y';""': . f,:.j?~h,,,, ';".': '":,,,,,. "c,.. --;;~i;~/:"l;:Ji<: .'-,i: "I'f<O:. . . Engin~erin~ ~Ul _ .. ::~_ . .... .... .... ' ,':< i,: ,~ \ <'~i;;;i'?, I to _ '" 111 fl" """"'::'''''' ..,.,:.'.:'.,;.....:,;;. ," Utilities Out N/A, .. .. "'.;;:'\,,:-> ::;( i.:,"-:'~ . '" I:>"' . " , . .,' '...." .- ." ."f:....., ..' ,,' .... .... ':';}" ..::':.';;:,'{':>;'::/ "'~ ;.,<,:} ;':!.\'",: ,.: ;.: .,:,- '.:(.~: .' '; i ,/\-"'~'J!;:'i?'.',r:,J: " ""',.:':,:::;. ~;..;" . 'c. ,-",:';';,Y;"i:i".," '; ,.;....~L' . 'r~~ :.:., .... ~C'>:_' i . '., ',<' __ '""::':; :J"-.""::- ".:;.,::...:.~ "-j:.";:"{\ );,::.. I l...UL. Vl:U - . Fire -"-. ',/ , '.' :,. ' .':. '. APR 0 5 2001 ~UILDIN~ Pl.ANS ijJ;VIJ;;W ROUTE SHEET Agenda Item No. 7B March 28, 2006 . _. Pag~f 86 . Permit Number d 0 b I C0o-cy C). CC V REVIEW DATE S'\"A TUS . Structural A In H Mechanical Out -';"'}' NI A In Gas" Out In ?-l,3 A H , Electrical Out N/A A In H Handicap Out . N/A A In H Fire Out- . N/A A In H Engineering Out NfA A.___ III II Utilities NfA Completion Date I . I ". ----~---------~-- /" New Plan Master Plan Revision. Correction EDC Fast track COMMENTS 3h Ie)) JL; JU\. RECENED P' ~ ~\C Rt'-JI'C'N 6U\l.OING ;...,..,;..<;1 . PLANS REViEWED FOR F.E.M~A. REGULATIONS " ) ---') Agenda Item No. 78 . March 28, ~006 . Page 50 of 86 Je!.tt:.lER-€e~BVERNME-N~ "~~-~-'-'" COMMUNITY DEVE~OPMENT AND ENVIRONMENTAL SEltyrCES D~SION Building RevIew and Permitting Department 2800 North HorseShoe Drive Naples, Florida 34104 March 29, 2001 Eberhard Thiermann 117 Channel Dri ve Naples, Fl. 34108 , Permit No: 2001Q,27294 .. ..1. ---, Plans submitted ~ith the referenced 'permit have reen reviewed. We are unable to approve your permit application for the reason(s) indicated below. '. , Submit three (3) sets of revised sheets along with letter of response addressing each item. ,.All revisions must 1:>e clouded. Submit all revisions in one package. ".'"'' Structural Codes - 403-2427 1. Show ,anchor type and manufacture for liplift and reaction loads, 2. Truss plans do not show roof trusses next to front entry. 3. 'Provide detail showing trea~~ riser's and handrail size and height. NOTE:' If the above items are: A. Left as is - They are comments that need further attention. . .stf'ikethN - They have been completed and approved. . Underlined - They have been added after further review. If Y9U need additional information, please contact the appropriate plan reviewer oc' Plans Coordinators, Diana Compagnone or Martha Vellos @ 403.2474 or 659.5711 Cc: file file .. ' '.--''). " r-j Agenda Item NO.7B March 28, 2006 Page 51 of 86 - 30LLIER- OOUNTYliOVERN~tENT-d______------------ COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Building Review and Permitting Department 2800 North Horseshoe Drive Naples, Florida 34104 March 29, 2001 Eberhard Thiermann 117 Channel Drive Naples, Fl. 34108 Permit No: 2001022294 Plans submitted with the referenced permit have been reviewed. Weare unable to approve your permit application for the reason(s) indicated below. Submit three (3) sets of revised sheets along with letter of response addressing each item. All revisions must be clouded Submit all revisions in one package. Structural Codes - 403-2427 1. Show anchor type and manufacture for liplift and reaction loads. 2. Truss plans do not show roof trusses next to front entry. 3. Provide detail showing tread, riser's and handrail size and height. . NOTE: If the above items are: A. Left as is - They are comments that need further attention. . Strikethru - They have been completed and approved. . Underlined - They have been added after further review. If you need additional information, please contact the appropriate plan reviewer or Plans Coordinators, Diana Compagnone or Martha VeIlos @ 403-2474 or 659-5711 cc: file fIle . "-, PERMIT CACULA TION SUM~RY'~---) Agenda Item No. 7B- . March 28, 2006 - Page 52 of 86 PERMIT NUMBER d.-(s,c \ c);1dd 9~ ._-_.._._--_."._~--_..,. . . STRUCTURAL USE TYPE SQ:FT. . ---.e-? .-$. ~ (L) ~ ~N (NL) ~V (TAj J4oIP. @ $ PER S.F.. (=) VALUE 12I,~ COST ELEVATOR (Y I N) TYPE N. V, & VI S27.000EACH RADON ~ SQ. FT. X $0.005 = B.CAI. .~ sa. FT. x $0,005= PLUMBING Minimum or Total Number of Units Square Footage of Floor Area Total Fixture Units Retrofit - Minimum $36.00 per Floor X $36.00 = 1425) X $ 3.00 = X $ 1.00 r\ECE\VED X $ ~ t'I , ?flf\f\ --vP- '* .. . . NS RE'J\EW RU\LD\NG pLA NO. MECHANICAL Minimum or Number of Unit Up to 3 Tons Each Additional Ton or H.P. Square Footage of Floor Area Retrofit - Minimum $36.00 per Floor X $36.00 = X $ 3.00 = /425) X $ 3.00 = X $36.00 = ELECTRICAL Minimum or Total Amp Panel Rating Sg!. Phase or 3 Phase . . Total Switches Per Amp Rating Sgl. Phase or 3 Phase. When 3 Phase Electrical is Being Calculated, Use a .50 Multipfier add to sgl. Phase rates; X$ X$ = = FIRE Minimum or Total Square Footage X$ = FIRE IMPACT FEES Fire District _ Total square footage No. Units Fire Plan Review Fee Total Square Footage X$ = X 15% = ROU/'~.'ISHEET FOR SINGLE FAMIL X Hci'")s Agenda Item No.7B March 28, 2006 . Page 53 of 86 Permit Number: ~cor ~8.~g <-I. NEW PLAN ~EVISION V""'" ADDITION/ALTERATION MODEL HOME OVER 3500 SQUARE FEET MOBILE HOME Completion Date: Date: I Date: I APPLICATION COMPLETE .In: ;;z. f ~ /D{ lout: cSt ,~}~ I I CS ENVIRONMENTAL REVIEW DATE SENT: R>~ ~~. ~ ~ ~ ,~ ~ N/A: COMMijrlts: .{y~ ZONING REVIEW: I Date: I V ~~~ . <?:~ I In: ~ \~ IDt I I ~~~ , I APPROVED I~ I Date: I I . . I Out a\~ \ot I I I I HOLD I REVIEWED BY: STRUCTURAL REVIEW: I Date: I I I I I I In I APPROVED I I Date: I I I I I I Out I HOLD I REVIEWED BY: ELECTRICAL REVIEW: I Date: I I I I I ~~ I In I APPROVED I I Date: I I ~. I I I I Out I HOLD I REVIEWED BY: PLUMBING/MECHANICAL I Date: I I . . ~ I I I ~v;YYif I In I APPROVED I I Date: I I I I I I Out I HOLD I REVIEWED BY: HEALTH REVIEW; DATE SENT: N/A: ~ COMMENTS: UTILITIES REVIEW: DATE SENT: . COA: N/A: V"'" ~ COMMENTS: N/A: ATTACHED: REQUIRED: COMMENTS: v SUBCONTRACTOR LIST: ATIACHED: REQUIRED: . COMMENTS: Agenda Item NQ. 78 . . March 28, 2006 . Page 54 of 86 'I I 1,':'$ikMJAlk;f:lt>e.. :ryf/5 ./:ht'''. ,,/ltt4Af4crp~ k:e ?1Pt.IF!,41J1:> et!!f,4<:::Tf~A/ ~~~ " .' Z .712t/SS Pt.-ftAtS" ~ t:hr ~N:I ~~6S' ;,~ 7ZJ ,~f!!g~ ~e( " "", ' 3. .,PIYv'/Ot;5 P!.FfAIL~~ ~DJ,e6l5~S- APJ'P , . ' <II ' I" .:,HA-AtD~,:J-/~ ~/Z~IJIJ h'er/7l-/. , Agenda Item No. 78 March 28, 2006 Page 55 of 86 AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority personally appeared Eberhard Thiermann who, after being first duly sworn, states under oath as follows: 1. During November and December, 2000, and January, 2001, I obtained quotes from numerous contractors to calculate the approximate cost of the planned 2001/2002 additions and alterations on our home at 117 Channel Drive, Naples, Florida. One of the contractors provided me with a quotation to replace the pool screen enclosure and, subsequently applied for and received Permit No. 2001021255 without my knowledge or consent. I never applied for, paid for, received, saw, displayed or acted on the above permit. In addition, , did not know the permit was issued. From the issuing date of February 15, 2001, of Permit No. 2001021255 and throughout the interim until the expiration date of August 14, 2001, no demolition, no alterations, no additions, no repairs, no improvements, no replacement and no remodeling were performed on the pool screen enclosure. In addition, replacing the pool screen enclosure under the above permit prior to the construction of the new roof where the pool screen enclosure is attached to would have been senseless. 2. Collier County Board of County Commissioners issued on April 24, 2001 Permit No. 2001022294 for Addition/Alternation at 117 Channel Drive, Naples, Florida. The Permit No. 2001022294 was based on the submitted survey for Building Permit Application for Construction dated November 17, 2000, revised February 6, 2001, clearly showing the pool screen enclosure location and the 3.2 foot rear yard encroachment. During the week of January 7,2002, the old pool screen enclosure was removed and subsequently during the weeks of April 8, 2002, and April 15, 2002, the new pool screen enclosure was installed. On April 23, 2002, and April 24, 2002, the pool screen enclosure was inspected in my presence, under REO 115, as indicated and signed off on the Inspection Job Card - Collier County, Florida for Permit 2001022294. It was mine and the inspector's understanding without question that the replacement of the pool screen enclosure was covered under Permit No. 2001022294. The Collier County Board of County Commissioners issued on April 25, 2002, for Permit 2001022294 a Certificate of Completion certifying that at the time of issuance this structure was in compliance with the various ordinances of the County regulating building construction or use. 3. The first time the Collier County Government made me aware of the existence of Permit #2001021255 dated 2/15/02 for replacing pool screen enclosure was in their letter to me dated 2/23/04 stating: "While you have pointed out some of the specific information in the pool permit No. 2001022294, the enclosure was completed under permit No. 2001021255. This permit does not show a completed Certificate of Completion." On March 1, 2004, I went to the Collier County Government offices on Horseshoe Drive and purchased a copy of Permit No. 200102155. My letter dated March 2, 2004, to the Collier County Government explained, as outlined in the first paragraph of this Affidavit, that I had no involvement in the application and issuance of Permit No. 2001021255. The same information as in Paragraph 1 of this Affidavit was submitted to Michelle Arnold, Department Director, Code Enforcement, Collier County Government, in a narrative form in my General Affidavit dated February 23, 2005. All of the above information is documented in the Collier County Government records. Agenda Item No. 78 March 28, 2006 Page 56 of 86 " cu~: Eberhard Thiermann Printed Name Office, if any FURTHER affiant sayth naught. Sworn to and subscribed before me by day o~ .2006. (SEAL) this i 3 Eberhard Theirmann ~~~~ Notary Public - State of ""FIO......I~ ) NOTARY PUBUC.STATE OF FLORIDA ~ Karen C. Stevenson Commission # DD467739 Expires: ocr. 14 J 2009 Bonded Thru Atlantic Bonding Co., Ine. (Print Commissioned Name of Notary Public) Did _ Did NoiL take an Oath Personally Known X or Produced Identification Type of Identification Produced - ",,- ~, ., '.,.- ,/ ./ Agenda Item No. 78 March 28, 2006 Page 57 of 86 .~ Bill conducted an inquiry on Collier County permit 2001021255- issued for a pool screen enclosure located at 117 Channel Drive. 1. Building permit was issued to The Aluminum Store. 2. No inspections were done on permit. 3. The permit is inactive status due to the lack of inspections. Had a meeting with Mr. George Gareau, qualifier for The Aluminum Store, and it was determined that the permit number in question should have been cancelled for the following reasons. 1. Homeowner cancelled contract with The Aluminum Store (copy of contract was provide to our office.) 2. Mr. Gareau notified homeowner of setback violations. 3. Under contract with The Aluminum Store, homeowner was to supply design and specifications of the pool cage. III JI' 'I il !J :1 'I ~ After discussing in length with the qualifier Mr. Gareau, it was determined by our office that we were unable to prove payments were made by the homeowner to contractor or that the contractor completed the work under this permit. Mr. Gareau was given verbal notification to void and seek refund for outstanding permit located on ~ 17 Channel Drive for a screened pool enclosure. I r If the homeowner is able to provide more information on who completed the screen enclosure to our office, we would gladly look into the matter on his behalf. MGO COMPLIANCE SERVICES Agenda Item No. 7B March 28, 2006 Page 58 of 86 ~ "p S'l'A'rDEN': FORK My name is:!~~ ,tw~ ~/14..-1 dA-",( eA- t/ I live at: //3 / 5'i~/'1 /t--> ~ ?,J My phone number is: :>5;2- -I " 2- b , My' social security # is: t:l1 t - ~ l 4 2.-J S- My date of birth is: 1z.,.;I~/(,L, My driver's License # is: (,.6~o~/e;bf..l')7 0, Today is (Mo./dtlyr) ~h~/O " I am at LJ-cn:> . AnIJ..(t., J.Jul"t.3c..5hw J2...<. talking to t'Y\ l'~M t../ O.s s. 0/2../ 'c)' ,regarding 5../ -?t /U/VI 4-N,v --L,..4-~ ./} <- ()W4(/!.. ~/ !9v,1. I, A-t. ~ If /h~ J1-!t/;v,/#Vfr7 )~t!. // -T /#"","5€~,J 11- L UA/5C- >;, tv/A- t. /J!c//o1 nt/v/,,"? (;,'" //~/L ) /- cz /1 ?)- L t7c-+-~ rl-I )'1,-<.- Ie 7 (J,J JA-...J I / '> 2-00 / "-rAt:. A/tI""~~ .5htA..<... ~... ~ /,.v~ ,4 S :'p<</ fi~~oS4-L h /],..,// /;- ~~ <)h,/17 .;?~ Pc.- ~~~V"-<- ' h~ /'77d. 71lut-~~ ,;:r I- / / 7 r_~i., It IV'A/t-L ,!) /!-. {J N h.t / >--,. UJ -0 1/??7 C:;7 ,r~t ~; /J II:-/~ &"'- t!l /?v d ~~" t:,. >v-'- . {;(L-Io-,'I , I ' ',' I . ;I ~ 0 / L / S- s h /t. -/-.4 (. 7A ,t:. ~...,,.,; A ~, ',(.( IV -h. . 5~~~ ;h~ L I ~ ?~ 'ht ()>L .t:,.,...,. f 7 /'Vw+1'L, /) I " //?/t.. ~/e fiJ'h+-",) wA-S /VtJ 1-, -.f!-jL ~ ..,tk I- I'M- I> a.c;"....J ~/ '1 -141 .pL-....... i ~ 4- ~-I-~ ~ .:z:5 s ""'- , (J,J _cL , _ /,1"- "'<2~' -rL- c.~ ,t",,--I ~ ''f:!"/& / ~ ;./w~' ,'" i~ v~<-L. ~ 4-- /- /lAJ h";~ ~'d //77 Cn7"~7 II, n..- /J--/UNU';o,;v-. >.Iv__ 1/ 8&,// ~ ,,/6,,'C Z^'~~ U'..A- hc-,..~ ,4-1- II 7 ~ t.. +....~ (. .&.,{.,. p~:/~ 2. r? Oln z.. I 2.. ~~ - t- A- l; ~"-"c...L- / ~ ~;vI 2. - F -CJ " "Y41.4~ STATE OF FLORIDA COUNTY OF COLLIER . rr ' G:a r"'- 4. t.J- )-t:!.. rr-.1 ~ego n sta e was acknowledged before me this ,.,2;5 - day of r....J1.-AJ- . y who has produced~ ~6 "o.J'/J' ~ :z.~ d as ident ficati nd who did (did not) take an oath. l~~'f\\ MY lIAAGARET W. WRIGHT . ~'SSION , DO 107318 _PIRES: AUlJUSl6 2006 n.",-,_~... (s1 na re of Notar ub11c) /A l).p(tVr..::HJ .uJ r~ 'iY (Print Name of Notary Public) NOTARY PUBLIC serial/Commission I My commission Expires: (NOTARY'S SEAL) Agenda Item No. 78 March 28, 2006 Page 60 of 86 ~ ~ \ If. YHilIlEMLT LAIlDClH Agenda Item No. 78 March 28, 2006 Page 61 of 86 Forbis Gulfshore Properties LLC 10091 Gulfshore Drive Naples, FL 34108 February 2,2006 Heidi Williams, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition V A-2005-AR-8693 (117 Channel Drive) Dear Ms. Williams: We own the property at 10080 Gulfshore Dr., near the referenced property in Naples, We also own additional properties in the neighborhood near the referenced property. We received the Property Owner Notice requesting a variance from the required 10-foot rear setback for a pool and screen enclosure of3.2 feet in the RSF-3 zoning district. Weare sending this letter to state our strong obj ection to permitting the requested variance. We feel that the existing homes that have screen enclosures and their associated walls that go right to the seawall, or very close to the seawall as in this case, are very ugly and diminish the property values of all properties in the area. Please enforce the zoning requirements as they are written, they make sense as written. /1 / ~Lld- ~o~bis ~\+~ Robert A. Forbis r'\\ ~ ~~- Debra J. Forbis ~Ld . . J:;jk J ~fJ;" ~Singleton cc: Collier County Commissioners RECEIVED F fB 0 9 2006 Agenda Item No. 78 March 28, 2006 Page 62 of 86 Robert C. and Debra J. Forbis 10091 Gulfshore Drive Naples, FL 34108 February 2,2006 Heidi Williams, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition V A-2005-AR-8693 (117 Channel Drive) Dear Ms. Williams: We are homeowners that live at 10091 Gulfshore Dr., near the referenced property in Naples, We also own the lot across the street at 10090 Gulfshore Dr. We received the Property Owner Notice requesting a variance from the required 10-foot rear setback for a pool and screen enclosure of3.2 feet in the RSF-3 zoning district. We are sending this letter to state our strong objection to permitting the requested variance. We feel that the existing homes that have screen enclosures and their associated walls that go right to the seawall, or very close to the seawall as in this case, are very ugly and diminish the property values of all properties in the area. Please enforce the zoning requirements as they are written, they make sense as written. k2:~r{ ~ ~~,~ Debra J. Forbis cc: Collier County Commissioners ~~C~\~~l) ~ t.t1 t\ 9 1\)\)~ Agenda Item No. 78 March 28, 2006 Page 63 of 86 Robert A. Forbis Bart Singleton Jennifer Singleton 124 Seabreeze Avenue Naples, FL 34108 February 2, 2006 Heidi Williams, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition V A-2005-AR-8693 (117 Channel Drive) Dear Ms. Williams: We are joint homeowners across the canal from the referenced property in Naples and received a Property Owner Notice requesting variance from the required 10- foot rear setback for a pool and screen enclosure of3.2 feet in the RSF-3 zoning district. This letter is sent to state our strong objection to permitting the requested variance because we would have to look right at the pooVscreen immediately across the canal from our home. There is a reason for the 10' setback, because pools and screens and the walls that hold them up that are placed close to the seawall are ugly and make the canal look smaller and more cramped than it is already. There are some other homes in the area that obviously had variances approved as they have screens and walls right on the edge of the seawall and they are a visual blight on the area. They should never have been allowed, they reduce the property value ofthe whole area, especially the neighbors on each side and the ones directly across the canal from them. You need to enforce the rules on the books, they are there for a reason, they make sense. I have enclosed photos of these unsightly walls and screen enclosures for your review. ~f1-C:~ Robert A. Forbis J~.~i~~ ~rJ~ v B~C.LS~ton' cc: Collier County Commissioners RECEIVED l-l:.B 0 9 2006 11I>...... ." Agenda Item No. 78 March 28, 2006 Page 64 of 86 February 4, 2006 Collier County Government Community Development and Environmental ServicesDivision p..rtment of Zoning and Land Development Review ~ North Horseshoe Drive NaplesFlorida, 34104 RE: Petition V A-2005-AR-8693 To whom it may concern: Please be advised that as property owners at 100 Sea breeze Ave., Naples FI. 34108, and being invited to respond by mail or in person to a variance requested by Eberhard Thierman, 117 Channel Drive, we have no objection and support your approving the above mentioned variance. Sincerely Yours: \ (]JU,;.&;'u ;J. cr LJ~ Christine A. Leitow FER 0 l' Z .C~i ;-,~ ~ -' " Agenda Item No. 78 March 28, 2006 Page 65 of 86 Dr. Manfred & Patricia Dunker 219 Seabreeze Ave. Naples, FL 34108 \ :~~l .i. 0 2JD0 Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 February 07, 2006 Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: We are in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18, 2006. -, -( :!)~ Iuv Dr. Manfred Dunker Patricia Dunker -- .. . ; Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Agenda Item No. 78 March 28, 2006 C h Fa Page 66 of 86 . rl.s-h'n L r S'-J:?Q..h t'q 1< 112- Set{ bre e -z..e... Ave... f\Jo..; les I F L 3LjlOt F-e..&, g I 2.00 b r~ ..~_.~ .- :- "":,...;"'.. J [.-,vi) Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18,2006. /1 1 - v'k~ rF)/7~ , Agenda Item No. 78 March 28, 2006 Page 67 of 86 Robert A. Burns 10173 Gulf Shore Drive. Naples, FL 34103 ;- >" ~,'.~ 1 0 2JO~j Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 February 07, 2006 Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18,2006. ;?bt2d- Robert A. Burns / ,; ~-r#Y ~~6S Is Cf !J AIPL t:25, Agenda Item No. 78 March 28, 2006 n1k H~~ Page 68of86 ~Il-l( L.lt' e,w A u~ r::-L. 34- log Ms. Heidi Williams Principal Planner Collier County Government Community Deve] opment and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 -: ,~j ~L~\:"'~~ ~_ '~~~ ~~, j.. V 'J -~ .. Re: PETITION: VA-2005-AR-8693 Dear Ms. Williams: I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18,2006. 1)'-1_ J c::K ~ f5 ()r~ ~ Agenda Item No. 78 March 28, 2006 Page 69 of 86 Jolaine Dunn 108 Channel Drive. Naples, FL 34108 r= :=1 1 0 i~. ,. ~ Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 February 07, 2006 Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18, 2006. " ~-rfJ'i ~G:.~S I ~ Cf AJ AIPL l::? 51 Agenda Item No. 78 March 28, 2006 rY?k f-/~~ Page 68of86 ~r4~tJl'6W ;4ut; C::L. 3 4- /og Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 (. .::~-\ \ ~ ~ ' 1 ,~'; ~i ~" ;-~ ;.:.. V L-.J"-"~ Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18,2006. =J!~(3~ , J Agenda Item No. 78 March 28, 2006 Page 70 of 86 f' Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 r-::a 1 '0 2~"'^ UU;) Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: We are in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18,2006. f:. ~~~-d11~ OQ./ 08'/ :;Lv&;,' ~ Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: Agenda Item No. 78 March 28, 2006 Page 71 of 86 F- "-;::1 1 0 "',ln~ ." LlJuo We are in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18, 2006. ~~~~ ~~~'~ - ~ ~~~~08 . '~ .> Agenda Item No. 78 March 28, 2006 Page 72 of 86 George Frost 165 Channel Drive. NapJes, FL 34108 r l~':::: 1 IJ ^ '1 fl" ,.. C::U:.JO Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 February 07, 2006 Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: I am in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18, 2006. ~h/:;~ George Frost .. Agenda Item No. 78 March 28, 2006 Page 73 of 86 r '.-;:-J . , ..' 1 I;' ~..,()- t C;J:) Ms, Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Re: PETITION: V A-2005-AR-8693 Dear Ms, Williams: We are in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18, 2006. ? / # ~-~8-~~~~~~ j2~V~-J(p ~~ L ~ .. ~u~Ml {WI\(J~~o\~ ci00 ~A-Y\M J ~ Agenda Item No. 78 March 28, 2006 Page 74 of 86 .. Naples, FL 34108 Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 February 07, 2006 Re: PETITION: V A-200S-AR-8693 Dear Ms. Williams: Weare in support of Eberhard Thiennann' s above petition for a variance, as specified in your letter dated January 18, 2006. \ RECEIVED FE8 1 3 2006 ZONING DEPARTMENT ir ,. A Agen~em I\i). lB ,If"l a h 28J20t'Q o'MQJ (1. , I a~e 75 of 86 / ~ 'I ctl'Aa n n Ie 112, No LJle,:-;' ,cJ... ,- I J ~ / oJ' Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 F:~L. o? 200(. Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: We are in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18, 2006. /?,'"~/ r;z; -Zk:-" .,~ RECEIVED FEB 1 3 2006 ZONING DEPARTMENT . . .- -? Agenda Item No. 78 March 28, 2006 Page 76 of 86 Ms. Heidi Williams Principal Planner Collier County Government Community Development and Environmental Services Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Re: PETITION: V A-2005-AR-8693 Dear Ms. Williams: We are in support of Eberhard Thiermann's above petition for a variance, as specified in your letter dated January 18, 2006. ~~ JA. BdL I bO S~-t:eCe f1,~ 8~ b-00 RECEIVED FEB 1 7 2006 ZONING DEPARTMENT ROBERT FORBIS 10091 Gulf Shore Drive Naples, FL 34108 Agenda Item No. 78 March 28, 2006 Page 77 of 86 RECEIVED MAR 0 1 2006 ZONING DEPARTMENT .; February 27, 2006 Frank Halas, Chairman Board of County Commissioners Collier County, Florida Collier County Courthouse 3301 Tamiami Trail East P.O. Box 413044 Naples, FL 3410 1-3044 - -.-- Re: Notice of Public Hearing to consider Petition V A-2005-AR-8693, Thiermann Variance Dear Mr. Halas: Please take notice that I'm herewith WITHDRAWING my three Letters of Opposition and the presentation from my attorney from the law offices of Quarles & Brady at the CCPC Hearing on February 16, 2006, regarding the Petition V A-2005-AR-8693, representing my properties on Seebreeze, Bayview and GuJfshore Drive. The above opposition was based on CCPC ERRONEOUS AND MISLEADING Public Notice in the Naples Daily News dated 01/29/06 and the Property Owner Advisory Letter dated January 18, 2006. Please be advised that I have no objection and SUPPORT your approving Eberhard Thiennann's above captioned Petition for a Variance from the required 10-foot rear yard set back for a screen enclosure of3.2 feet, covering an encroachment as it has existed since 1976. Thank you for your attention to the above matter. Respectfully, ~,~~ Robert Forb,s Enclosures: Copies each of Collier County Government Letter dated 01/18/06 and Public Notice dated 01/29106 cc - Dwight E. Brock, Clerk of Courts, County of Collier - Heidi Williams, Principal Planner, CCPC,ColJierCounty'6tYYernllteM - Quarles & Brady, Attorneys at Law - Eberhard Thiermann, Variance Applicant - 'c'".' P'QJiLIC NonCE .~LIC HEARING , , '" h81ring)Yi beheii by the Coi- XPCl..I;JOA.II.. ThurIdIY. County. Ccmmisaloners Meeti ,',' , ng ilditlg, ColllerGovemment Cen- s' Florida. to consider: tlopmtnt Corporation repre- f COa$taI engineering Consul- n the PUD ZDni1g district to the own . Ltty Bnfoot BeacJt It and Master Plan to show a iite to a residential development ' :IUD document bringing" Into ems. The property, consisting of i 5. 6. 7 & 8, Township 48 Souttl, ida. . , ' 1PPear and be heard. Individual s on any Item,: lndividuaJs sHIct. :ation or groups are enCQtnged JP8rik on an Item If 90 recognized to have 'writBl' or graphic mater\- ackets must submIt'said'l'TIIt8rial aspe~pubIlc heering. WrItten 3f)arlment of Zoning and Land I8IY .16; 2008, lnOlrJtr 10 tJe, . I matemil used in pl8S8fJt8lioll . manent part of the recard SAd the Board of County Comrriis- " ""0JeC1' IDOATIOM' '9 &rai a decision of the CCPe will need iog thereto, and therefore may x'd of the proceedings is made, i~ upon whJch the appeal is If) J8I1UaIY ~ PUBLIC NOTICE PUBU~ NOTICE NOTICE OF PUBLIC HEARING . , Notice Is hireby given that a public hearIn9 \\ill be held by U1eCo/-:", , , tier COUnty Pianning Comn1sslon (CePe) at 1:30 A.M., Tlnnday,. ,,'~: Flbrllary ie, 2001. in the Board of Col.IIty CorrrnlaIonera Meeling' ,Rccm, 3rd Floor, Administration Building, Collier Government Cen- ter, 3301 East Tamiami Tnt'. Naplet Florida, to conlkler: Petition. V>\~AR-8893. EbImint Thllrmlnft, ~ by , Richard O. Yovanovich, of GoocIlett8; Coleman, & Johnson, P A. is requesting ....tee flam"""", 1""'" .......Ir for. DlGI and ICI'IIti tneI.... of U flit In t!\t RSF.3 mnlng , district. .The subject property Is Iocat8d at 117 Cbannel Drive. in " Section 29. Towns~; 48; Range 25, CoBler County, FIotida. . , . All ~parties ~ invit8d to 8pp18r. ~ ~ ~. IndMdu~L speal<ers win be limited to 5 rrdnutes en any Item. individuals seIect-- ed to speak on behalf of 11'I orgS'l1zation or groUp In enOOlJl'898d and may be allotted 10 minutes to speak on In 11Im tho recognized by the chairman. Pertons wishing to tJaye wrIt!en or griphic materi- . Included In the CCPe agenda packets must submlt said meterial a rrilnlmum of 10 daysprtor to the respective pubic hearing. Writ1tn convnents must be ftlld with the 0epwtmInt of Zoning and land Development Review prior to February 16, 2006, in order to be considered at the public hearing. All materiaI8 used in presentBtion before the CCPe wit! become a permanent pirt of the f8COfd and ' , wi! be available 'for presetltallon lD the BoIrd of CNlty Commi&- sionel'S, If applicable. ' lIMP ,...... aItIDIttn' -- NLlCMi .." t GIllF ClI' llIlIIXI My person who decides to ~ a cIecision of the ccpe wIH need a r8OOI'd of the prooeecIIngf pertaining thereto, and therefore may . need to ensure that a verbatim record of the proceedings is made. which indudes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County. Florida . Mark Strain, Chairman !- F\yenda ftem No. 78 MarGh 28, 2006 Pa~e 78 of 86 ., Agenda Item No. 78 March 28, 2006 COLLIER COUN1Y GOVERNMENT of86 Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive. Naples, Florida 34104 January 18, 2006 . .. Dear Property Owner: This is to advise you that you own property located within 500 feet of the following described property and that a public hearing will be held by the Collier County Planning Commission of Collier County, Florida, at 8:30 A.M., Thursday, February ]6, 2006, in the Board of COWlty Commissioners Meet~ RooI11; 3rd Floor, Administration Building, County Government Center, 330 I East Tamiami Trail, Naples, Florida, to consider: Petition~ V A-2005-AR-RI'i93. Eberhard Tbiermlhn, represented by Richard D. Yovanovich, of Goodlette, Coleman, & Johnson. P.A., is requesting a variance from tile reauired to-foot rear setback for a ~I and screen enclosure of 3.2 feet in the RSF-3 zoning district. The subject property is located at 117 Channel Drive, in Section 29, Township, 48, Range 25, GoHier"eounty,-Plorida. ---.- You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. # NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. rNDIVIDUALS '. SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAYBE ALLOITED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS \VlSHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DA YS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPe SHALL BE SUBMIITED TO THE COUNTY STAFF MEMBER NOTED BELOW, A MINIMUM OF SEVENDA YS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE A V AILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This petition application development plans and/or master plan if applicable, and other pertinent information related to this petition is kept on file and may be reviewed at the Development Services Center located at the address listed above. Please contact me at 213-2993 to set up an appointment if you wish to review the file. Sincerely, Heidi Williams Principal Planner HW/splhr c:: .. (~~~ .. r c .. M .. t; y Phone (239) 403-2400 Fax (239) 643-6968 or (239) 213-2913 www.colliergov.net Kathy & Joe Cleary 10217 Gulf Shore Drive Naples, FL 34108 Agenda Item No. 78 March 28, 2006 R~~;~NTY~. ~'RJb~CE ~--'?-~~.J ~ MAi~ .. 1 2006 ACTION_ ~ $- - ;:~ I ;:, FILE /' 7~~~ March 13, 2006 ... Frank Halas, Chairman Board of County Commissioners Collier County, Florida Collier County Courthouse 3301 Tamiami Trail East Naples, FL 34101-3044 ~ ~,~.t/~ rr ...r Re: Notice of Public Hearing to Consider Petition V A-2005-AR-8693, Thiermann Variance rJ';/J Honorable Commissioners: We are in SUPPORT of Eberhard Thiermann's above Petition for a Variance of3.2' from the required 10' rear yard setback for a pool screen enclosure, as specified in the Public Notice published in the Naples Daily News. The above pool screen enclosure was constructed in 1976, replaced within the same footprint of the original pool screen enclosure and approved with the Collier County Board of County Commissioners Certificate of Completion on April 25, 2002. Sincerely, ~~O~ Enclosure: Copy of COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT ~ , Agenda Ilem No. 78 ~ March 28, 2006 Page 81 of 86 COLLIER COUNTY, FLORIDA ' ~ .;' . NOTICE OF ORDINANCE VIOLATION AND ORDERTO CORRECT ~. TO: EBERHARD TIllERMANN (OWNER) P. O. BOX 770844 NAPLES, FLA. 34107-0844 LOCATION OF VIOLA nON (LEGAL AND ADDRESS) WITHIN COLLlER COUNTY ZONfNG DlST. RSF-3 SEC.29, 1WN.48, RNG.25, SUBD: CONNER'S VANDERBILT BCH. EST, UNIT-I, BLK.-D, LOT. I 3, OF COLLIER CO. RECORD. PROPERTY ID#27483720003 O. R. 1860, PAGE 194 A.K..A (ADDRESS) 117 CHANNEL DR NAPLES, FLA. NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B) ORD #92-80 and 97-35, AS AMENDED, YOU ARE NOTIFIED THAT A VIOLATION(S) OF TIlE FOLLOWING COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULA 110N(S) EXISTS AT TIlE ABOVE DESCRIBED LOCATION. ORD. 91-102, as amended SEC. 1.5.6 ( PERl\iHTIED USES AND STRUCTIJRES) SEe. 1.8.7 (CASUAL, TEMPORARY, OR ILLEGAL USE) SEC. 1.8.9 (CHANGE TO CONFORMING USE REQUIRES FUTURE CONPORMITY wr. DIST. REGULATIONS) SEC. 1.8.10 (NONCONFORMING STRUcnIRES) SUB SEe'S 1.!l.10.2, U.IO.4 and 1.8.12 (DESTRUCTION OF MAJOR STRUCTURE OR STRUCI1JRES) SEC. 1.9.2 (VIOLATION) ORD. 04-41, as :Il11enuc,1 SEC. 1.04.00 (AI'l'L1CAIlILITY) StIB SEC. 1.04.0 I (< iENERAI.) Anti B SEe. 2.03.00 (ZONIN<; DIST'S.) SUB SIT. 2.ll:\.OI (RESIDEN'I1AL- C ) SEC. 4.112.03 (SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY STlnJCI11RE . A. tahle- 4 (4) SEC. 9.03.00 (NONCONF()I~MITIES) SUB SEC. LJ.ll3.01 (D) ILLEGAL USE SEC. 9.04.04 (REQUIREMENTS rOR ENCROACHMENTS - D) DESCRIPTION OF CONI>ITlONS CONSTITUTIN<; TIlE VIOLATION (8). DID WITNESS, Prior cxistcnce of an original pool screcnl-'I1closure constructed in 1976 on what was then known as a "RS-3" zoned property at 117 Channel Dr. Naples, Fla. (REFERENCE COLLIER CO. BUILDING PERMIT 76-1907) and related certificate of occupancy issued on 12-13-76. Same original construction completed so as to encroach into the then existing 15' rear yard set back requirement by 8.92'. Also, the current existence of a replacement pool screen enclosure constructed within the same foot print of the above noted original enclosure at 117 ChaIUlel Dr. Naples, Fla.. currently zoned "RSF-3", (REFERENCE COLLIER CO. BUILDING PERMIT 200 1022294) and related certificate of occupancy issued on 4-25-02. Same replacement construction completed so as to encroach into the current 10' rear yard set back requirement by 3.2' resulting in a violation of Collier Co. rear yard set back development standards for water front property in a RSF-3 zoning district. INQUIRIES AND COMMENfS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: DENNIS MAZZONE 2800 No. Horseshoe Dr. Naples, FL 34104 (941) 403-2447 FAX: (941) 403-2343 Investigator's Signature j)~ m~~ VIOLATION STATUS: -X...INITL\L RECURRING _REPEAT ORDER TO CORRECT VIOLATION (8): YOU ARE DIRECfED BY THIS NOTICE TO T AI)E TIIE FOLLOWING CORRECTIVE ACTION (8) .l MUST maintain a residential structure at 117 Olanncl Dr. Naples, Fla. so as to comply with all Collier County codes and ordinances. Must r~est and obtain a pre-application meeting for review of a variance request for a rear yard encroachment at 117 Channel Dr. Naples, Fla. by contacting Collier Co. Zoning and Land Development Dept. Director, Susan Murray (239-403-2464) no later than 21 days after receipt of this notice. Must obtain Collier Co. variance approval for a 3.2' rear yard encroachment at 117 ClJannel Dr. Naples, Fla. within 260 days after receipt of this notice. Or, must submit a conceptual plan for demolition, removal and rehabilitation of all stroctural encroachments at location in question to Collier CO. Planning Services personnel for their review nnd approval no later than 21 days after receipt of this notice. Upon having received conceptual plan approval, must then obtain a Collier Co. Dl--molition Permit within 36 days after receipt of this notice lInd must obtain all required inspections through to the issuance of a certificate of completion for the removal of all structural encroachments and resulting debris restoring all premises so as to comply with all provisions of Collier Co. RSF-3 zoning district regulations within 65 days after receipt of this notice. . I'I<:N ALTmS MAY BI<: 1M .'OSEI); Failure to correct the violations on or hefore the dale spedlictl ahove will rc.~ult in, I) thl liling of an atlidavit of violation with thc Collil-T County Code Enforcement Doard, "Cn.D.", charging you with the violatiun(s) as dc.~crihcd on this timll. You will/have receive (d) notification that 11 hearing will be hdd which you amI/or a legal representative may allcnd. Failure to appear IIIny result in the Gourd proceeding and making a dcll-T1ninatiml in your abS~11ce. If tbe Code Enforcement Board finds n violatiun exists, a maximum fine of $2511.00 per dllY in the case of a first viulation, a maximum fine of $500.00 per day for a Tl-'Pcat violation and a maximum fine of $5000.00 (lCI' violation in the event the "C E BU finds the violation to be of an irreparable or irreversible nllture. the Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation. SERVED BY :_PERSONAL SERVICE_CERT. MAIL I ,HEREBY acknowledge I have received, read, and understand this notice of violation. Signature and Title of Recipient Print ."..r DATEDTHIS~AY OF ~N - ,2005 REF: CASE NO. 2003100927 3 RESOLUTION 06- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2005-AR-8693, FOR A V ARlANCE FROM THE REQUIRED lO-FOOT REAR SETBACK FOR A SCREEN ENCLOSURE OF 3.0 FEET ON 0.22 ACRES LOCATED IN THE CONNER'S VANDERBILT BEACH ESTATES SUBDNISION, UNIT I, BLOCK D, LOT 13, IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the du1y 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 three (3) foot variance from the required lO-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit "A", in a Residential Single-Family (RSF-3) zoning district for the property located in the Conner's Vanderbilt Beach Estates Subdivision, Unit 1, Block D, Lot 13, Collier County, Florida, as recorded in Plat Book 3, Page 8 and 9, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier County, Florida, that: The Petition V A-2005-AR-8693 filed by Richard D. Y ovanovich of Goodlette, Coleman & Johnson, P.A., representing Eberhard M. Thiermann, with respect to the subject property be and the same hereby is approved for a three (3) foot variance from the required lO-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit "A", of the Residential Single-Family (RSF-3) Zoning District wherein said property is located, subject to the following conditions: Page I of2 Agenda Item No. 78 March 28, 2006 Page 82 of 86 Agenda Item No. 78 March 28, 2006 Page 83 of 86 1. The variance is limited to allow the existing screen enclosure that encroaches into the required rear yard on the north side of the property, as depicted on the applicant's bOWldary survey, Exhibit "A", to remain in place; 2. All proper after-the-fact permitting fees must be paid and permits must be obtained, including obtaining certification that the structure meets or exceeds the building code in effect in 2001 within 90 days of approval of the variance; and 3. No further encroachments shall be permitted. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 200S-AR-8693 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Frank Halas, Chairman V A-2005-AR.8693/HW Isp Page 2 of2 I SURVEY SKETCH OF ASBUILT SURVEY SPOT ON POOL ENCLOSURE NOT FOR FENCE CONSTRUCTION NOT FOR CONSTRUCTION NOT FOR DESIGN 0.78 THE LINES llH THIS $KETCH IlO NIIT ctlN$TITUTE ~2 ,2006 ClIPYRtGHT !0060 ru.. SURvtR<l@8. of 86 PAGE 1 OF 2 sa: RtvERst SIDt rtlII PAGE: 2 IF 2 - STREET ADDRESS 11 7 CHANNEL DRIVE NAPLES, FLORIDA ~ o 'IS 30 GRAPHIC SCALE 'rtIA TER'rtIA Y-JOO' RO'rtl ~ . wfE SCALE r - 30' I ... - -- EDGE OF PAVOENT- __ - 0' ROW _ \__ ~NNE'L. DRIVE' 6 CENTERL5- _ -- CH -- LEGAL DESCRIPTION : LOT J3, BLOCK D, CONNERS VANDERBIL T BE:ACH ESTATES, UNIT J, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 3, PAGES 8 AND 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLDRIDA CERTIFIED TO : EBERHARD M. THIERMANN QUAUTY CONTROLLED: BY: TOll CHRlSlLAN -- ------~ Exhibit "A" DATE : 3-07-06 FlDOD ZONE: Ar 14.3 COMMUNITY PANEL J1f!0067- 018'JG INDEX DA.TED : 11-17-DS (FLOOO ZONE: "B",'C",'O", & "x" ARE NOT IN DESIGNATED FLOOD HAZARD ZONE AREA.) (AS TAKEN F"RDH IoftBSITE -Iofloflof.COLLIERGOV' .NET IIofEBSITElF"EHA_NEIof/) CERTIFICATION : I CERTIFY THAT THIS SURVEY WAS t.lADE UNDER MY DIRECllON AND THAT IT MEETS niE IlAiNltoftUM 'rECHNICAL STANDARDS SET FORni BY THE BOARD OF PROFESSIONAL ~~T~LIANCE IofITH F".A.C. LAND SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6. FLORIDA ADMINISTRAllVE 61G17-6.0031 (5) (E) (If" LOCATION OF" COOE.,PUR"j!'.U NT TO SE~C ON 472.027. FLORIDA STATUTES. tASENENTS OR RIGHT-Dr-IofAY or RECDRD. ~-:z S-wJ OTHER THAN THOSE ON RECORD PLAT. IS j 3-03-06 REQUIRED. THIS rHf'ORNATIDN NUST BE BY: '. ~ SURVEY DATE: fURNISHED TO THE SURVEYOR AND NAPPER. LELAND r, DySARD. PLS #3859 CUNTON 11'. FINSTAD. PLS 12453 STEPHEN llA.CDONALD. PLS '4001 NOT A CERTlFlCA TlON OF" TlTLE1 ZONING, EASEMENTS OR FREEDOM OF" ENCUMBRANCES. NOTE. IF' IIP"'/..1CAJJL.E. .DlCES SHDVN HEANIJE:R NOT VAUD W11l10Ui" SURVEYOR S SIGNATURE AND EMBOSSED SEAL ON OR DF'F' UNItS, (M'PRf]X. LOCATION ON/.. Y> SURVEY IS VAUD fOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS. NOTD PROPERTY O'rtlNER SHOULD OBTAIN WRITTEN FLOOD ZONE DET~RMINA TION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION. 6561 TAYLOR ROAD. SUITE 1 NAPLES, FLORIDA 34109 239-598-5936 FAX 598-5939 4061 BONITA BEACH RD. SUITE 207 BONITA SPRINGS. FLORIDA 34109 239-949-6911 FAX 949-1311 REVISIONS F .L.A, SURVEYS CORP. PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569 ~WN BY: JP PARTY CHIEF: CN PROJECT =NO.:: II 06-1042~ Agenda Item No. 78 March 28, 2006 Page 85 of 86 RECEIVED COUNTY MANAGER OFFI~ Darren Whitener Cynthia Hensley, MD 235 Seabreeze Avenue Naples, FL 34108 MAR 2 1 2DJ6 ACTION FILE March 06, 2006 Frank Halas, Chairman Board of County Commissioners Collier County, Florida Collier County Courthouse 3301 Tamiami Trail East P.O. Box 413044 Naples, FL 34101-3044 Re: Notice of Public Hearing to Consider Petition V A-2005-AR-8693, Thiermann Variance Honorable Commissioners: We are in SUPPORT of Eberhard Thiermann's above Petition for a Variance of 3.2' from the required 10' rear yard setback for a pool screen enclosure, as specified in the Public Notice published in the Naples Daily News. The above pool screen enclosure was constructed in 1976, replaced within the same footprint of the original pool screen enclosure and approved with the Collier County Board of County Commissioners Certificate of Completion on April 25, 2002. Enclosure: Copy of COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLA nON AND ORDER TO CORRECT # , COLLIER COUN1Y. FLORIDA · Agenda Item No. 78 ~ March 28, 2006 Page 86 of 86 .,. .v .. . NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: EBERHARD lHIERMANN (OWNER) P. O. BOX 770844 NAPLES, FLA. 34]07-0844 ~. LOCATION OF VIOLATION (LEGAL AND ADDRESS) WITIIIN COLLIER COUNTY ZONlNG DIST. RSP-3 SEC.29, lWN.48, RNG.25, SUBD: CONNER'S VANDERBILT BCH. EST, UNIT-I, BLK.-D, LOT-I 3, OF COLLIER CO. RECORD. PROPERTY 10#27483720003 O.R.1860,PAGEI94 AKA. (ADDRESS) 117 CHANNEL DR. NAPLES, FLA. NOTICE PURSUANT TO COLLIER COUNlY CODE ENFORCEMENT BOARD (C E B ) ORD #92-80 and 97-35, AS AMENDED, YOU ARE NOTIFIED TIIA T A VIOLA TION(S) OF TIlE FOLLOWING COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULA1l0N(S) EXISTS AT TIlE ABOVE DESCRIBED LOCATION. ORD. 91-102, as amended SEC. 1.5.6 ( PERMIITED USES AND STRUCTlJRES) SEC. 1.8.7 (CASUAL, TEMPORARY, OR ILLEGAL USE) SEC. 1.8.9 (CHANGE TO CONFORJvIlNG USE REQUIRES FUTURE CONFORMITY wr. DIST. REGULATIONS) SEC. 1.8.10 (NONCONFORMING STRlJC11JRES) sun SEC'S I.!UO.2, \.lUll.4 and 1.8.12 (DESmUCIlON OF MAJOR STRtlenJRE OR STRUCnJRES) SEe. 1.9.2 (VIOLATION) OR!). 04-41, as :unenilcJ SEC. 1.04.UO (AI'PLI('ABU.JTY) Still SEe. 1.04.01 (GENERAL) Nul B SEC. 2.03.00 (i'.ONIN(i I>IST'S.) SUB SEe. 2.03.01 (RESIL>EN'I1AL . C ) SEC. 4.ll2.03 (SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY STRUCTURE .. A, IlIhle- 4 (4) SEe. 9.03.00 (NONCONFORMITIES) Sl1B SEC. 9.03.01 (D) ILLEGAL USE SEC. 9.04.04 (REQUIREMENTS FOR ENCROACHMENTS.- D) DI<;SCHWfION OF CONDITIONS CONSTITUTING TIlE VIOLA nON (S). DID WITNESS, Prior cxistence of 1111 original pool scrcen l..11closurc constructed in 1976 on what was Ihc.'1I known as a "RS-3" zoned property at 117 Channel Dr. Naples, Fla. (REFERENCE COLLIER co. BUILDING PERMIT 76-(907) nncl related certificate of occupancy issued on 12-13-76. Same original construclion completed so as to encroach into the then existing 15' rear yard sel back requirement by 8.92'. Also, the current existence of a rep laccmcnt pool screen enclosure constructed within the same foot prinl oflhe above noted original enclosure at 117 Channel Dr. Naples, Fla., currently zoned "RSF-3", (REFERENCE COLLIER CO. BUILDING PERMIT 200 1022294) nnd related certificate of occupancy issued on 4-25-02. Same replacement construction completed so as to encroach into the current 10' rear yard set back requirement by 3.2' resulting in a violation of Collier Co. rear yard set back development standards for water front property in a RSF-3 zoning district. INQUIRIES AND COMMENTS SHOULD BE DIRECfED TO CODE ENFORCEMENT INVESTIGATOR: DENNIS MAZZONE 2800 No. Horseshoe Dr. Naples, FL 34104 (941) 403-2447 FAX: (941) 403-2343 Inv~tigator's Signature J>~ ntAj~ VIOLATION STATUS: ---X-INITIAL RECURRING _REPEAT ORDER TO CORRECT VIOLATION (8): YOU ARE DIRECl'ED BY nus NOnCE TO T~ mE FOLLOWING CORRECTIVE ACIlON (S) ./ MUST maintain a residential structure at 117 <l1anneI Dr. Naples, PIa. so as to comply with all Collier County codes and ordinanc:cs. Must request and obtain a pro-appIication meeting for review of a variance request for a rear yard encroachment at 117 Channel Dr. Naples, Fla. by contacting Collier Co. Zoning and Land Development Dcpl Director, Susan Murray (239-403-2464) no later than 21 days aftcr receipt of this notice. Must obtain Collier Co. variance approval for a 3.2' rear yard encroachment at 117 Channel Dr. Naples, Fla. within 260 days after n:ceipt of this notice. Or, must submit a' conceptual plan for demolition removal and rehabilitation of all structural encroachm::nts at location in question to Colliet' CO. Pluming Services personnel for their review and approval no later lban 21 days after receipt of this notice. Upon having received conceptual plan approval, must then obtain a Collier Co. Demolition Pennit within 36 Jays Ilfter receipt of this nOlice and must obtain all required inspections through to the issuance of a certificate of completion for Ihe removal of IlI1 structural encroachments and resulting debris restoring all premises so as to comply with all provisions of Collier Co. RSF-3 zoning disLrict regulations within 65 days after rcecipl of this notice. . PENALTIES MAY BI<: IMI'OSED: Failure to correct the violations on or before the date lIflCciIied above will result ill, I) the filing of an affic.lavit of violation with the Collier County Code Enforcement Board, "C.E.B.", churging you with the violution(s) as c1c.'1eribcd on this fonn. You willlhavc receive (d) nolification thut n hearing will be held which you amI/or ft legal rc.-presentlltive lIUIy attend. Failure to appear lIIay result in tbe Boord proceeding ond making 11 determination in your nbsc.'Ilce. If the Code Enforcement Board finds a violation exists, 3 maximum tine of $250.00 per day in the case of a first violation, a mRX.immn fine of $500.00 pcr day for a repeat violation nnd a maximum fine of $5000.00 pc..T violation in Ule evenl Ihe "C E B" finds the violation to be of an irrcparnble or irreversible nature. the Fines may be imposed on a per day bus is for ClICh day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation. . SERVED BY: PERSONAL SERVICE_CERT. MAIL I - ,HEREBY acknowledge I have received, read, and Wlderstand this notice of violation. Signature and Title of Recit>ient Print DATED TIllS 1.3 2tbA Y OF :JA--N'- ,2005 REF: CASE NO. 2003100927 :3 , - RESOLlYfION 06 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2005-AR-86l6, FOR AN AFTER-THE-FACT VARIANCE TO REDUCE THE SIDE YARD REQUlREMENTs FROM 37.5 FEET TO 35 FEET, FOR PROPERTY LOCATED AT 4625 30th AVE. SE, LOCATED IN THE ESTATES (E) DISTRICT OF COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferr~ on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for tho protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended), which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a public hearing after due notice made, with all interested parties having been given the opportunity to be heard by this Board in public meeting assembled, and the Board. having considered all matters presented, and having considered the advisability to reduce the front side yard from 37.5 feet to 35 feet, as shown on the attached plot plan. Exhibit A. in the E Zoning district for the subject property, has found as a matter of fact that satisfactory provision and 8I1'8Dgement have been made concerning all applicable matters required by LDC Section 9.04.00. NOW, THEREFORE, BE IT RESOLVED BY TIm BOARD OF ZONING APPEALS OF COllIER COUNTY, FLORIDA that Petition V A-2005-AR-86l6, filed by Davidson Engineering, Inc., representing Daniel Hamilton, with respect to the subject property hereinafter described as: Section 28, Township 49 South, Range 28 East, Unit 90, South ~ of Lot 74, Golden Gate Estates, Plat Book 5, Page 29, Collier County, Florida Folio No. 4144690103 Address: 4625 30th Ave. SE, Naples, Florida be and the same hereby' is approved for a 2'6" variance from the front yard requirement of 37.5 feet to 35 feet as shown on the attached plot plan, Exhibit A, in the E Zoning District subject to the following conditions: 1. The variance granted is limited to the structure, depicted and more particularly described on attached plot plan. Exhibit A. 2. If.the principal residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and .:t+et'Y\ (. (:) 3\\~\D~ accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOL YED that this Resolution relating to Petition Number V A- 200S-AR-8616 be recorded in the minutes of this Board. This Resohltion adopted after motion, second and majoritY vote, this _ day of .2006. ATI'EST: DWIGlIT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLJER COUNTY, FLORIDA By: By: , Deputy Clerk Frank Halas, Chairman V A-200S-AR-8616 2 / BOUNDARY SURVEY ~ ~~ ....~ ~:3 ~o ~~. o erO be-. 00 ~~ ~ I I I 1 .1 I-~---- I I I I~ II~ SET 5/a ROO LS llO13 TRACT 7J 680.0' ---- ReM~/NDeR TRACT 74 (VACANT) ...--.. :::!: .ij a. '-' b Lri co L/J 00. ~;;; ~~ o o z TRACT 75 25.0' in '" .., 10.0' o 10 iii " 10 VA-2005-AR-8616 PROJECT #2005110020 DATE: 11/14105 CAROLINA VALERA 13.0' N lri '" 3 .0' ENLARCED DETAIL FOUNDATION EL=t6.S' 7H1S SLfi\f:'Y IS PREPARED ~ DANIEL HAMIL TON and MICHELLE HAMIL TON FIFTH THIRD BANK . POCCHI CONSTRUCTTON, INC. LEfJAL OESCRIPl1ON S 1/2 oFT1?ACT 74, GpLDEN GA TE: ESTA res; UNIT NO. 90 recordtld In Plat Book 5, page 29 of the Public Records of Collier County. Florida. I I I -l I ~I SET This Is not a cttrllfTcattl of Titls, Zoning. or Freedom of encumbrances. Abstract has not befln rtlvltlwtld and othtlr flCJSemMts and rtlstrlctions may apply to this parct!J/. All other flasMumts that exIst arltrequirttd to bit provfded to the suf'Vtlyor by thtl d/Mt of his or her agtlnt per Florida Statute 51G17-5.00J (TO) F.A.C. GJ:f.~/ Carol Co Nelson. P.LS. 15013 JJO WIlson Boulevard South Naples, Florida 34117-9J64 (2.19) .104-0055 Office (239).304-0047 Foes/mils SET ;:!i SS9'40'SONE . 6BO.O'(P&M) ~ a:,r: t; " 0' ,I, ~ ~ ~ '~I 630.0 SOUTH 1/2 0 J': I l~ iJ TRACT 74 ~ ~~ - - - !i5.:! - - 436.8' r a. iJ~:oo ~ -------------------- ~ ~~ ~ -'-Bf_ _ _ _~O'_ _ _ _ _ ~~ cn~ SIGN . ~~ 3D' ROAD EASEMENT S60.0'CIA) UNIII4PRO\-Bl ROAD g fOUND _ ~89'40'''rW -.!3th A VENUe S.E._ 680.0'(P&M) r ---- I June 18, 200.3 Date of Survey: Foundation 6/15/05 ADDRESS OF PlKPERTY: 4625 30th A VE:NUE 5.c. LEGENO/ABBRE'JlAllONS o scr IRON PIN "'/tAP por.J A !'NO. /MIL AND 77N 7.w G FND. CONe. liON. o FNO. IRON PIN .. 8ENCH WAR/( 'U.> _ POLe 4\ll1lfll C - CALCUUm> U - M!'A.stA'fa,J P - fl'L4r. D - DaD [ - CCNTFRI.JNC DC - .DRAlNAGE EASEilENT uc - unuTY CASENENT .vt" - AIR CONDITIONER IHw' _ WArcR ~TFR CB - CA TCH BASIN J/H - AlANHOl.C PE - POOL EWlPIIENr CONe - CONCRE~ vrs _ UTTUT1CS roe - 1lP OF 8ANK Scale: 1 N .= 1 00' Project No. GGE90T74S FB No. 047 P.~ , . I Agenda Item No. 8A March 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY A request that the Collier County Board of County Commissioners (Board) adopt an ordinance amending Ordinance No, 04-41, as amended, the Collier County Land Development Code (LDC) to add an LDC 2005 Cycle 2 amendment for the following purpose. Amendment of section 2.06.03 Affordable Housing Density Bonus (AHDB) Rating System, Table A - Affordable Housing Density Bonus (Additional Available Dwelling Units per Gross Acre), to add bonus density units as an incentive for the provision of gap housing, as defined in the LDC. The amendment also increases bonus unit awards for provision of affordable housing at other levels of median income provided for in Table B. OBJECTIVE: To provide an incentive for the development of gap housing for households whose income is equal to 81-150 percent of area median income. In addition, this amendment includes adjustments to the table of bonus density awards for provision of affordable housing at lower income ratios. CONSIDERA TIONS: The intent of this amendment is to provide incentives for the development of housing affordable at the level of household income available to workers who provide essential public services to the community. The income level of such providers as police officers, nurses, teachers, firefighters, emergency medical service providers and other workers who provide for essential government and community services is defined as gap housing. Gap housing, as provided for in the LDC, is set at the income level of 81-150 percent of area median income. This amendment revises Table B to include residential bonus density units for the provision of gap housing. Additionally, this request amends Table A to increase density bonus units across the spectrum of affordable housing income levels. This amendment was continued to allow staff time to provide economic data and other documentation to justify the increase in bonus units requested for the provision of affordable housing as directed by the Board. FISCAL IMPACT: Part of the Board's consideration of this amendment will be directed at the cost of providing affordable housing units versus the profit margin per unit required to subsidize units at below market rates for each income level eligible for bonus density units in the AHDB Rating System. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This amendment is consistent with the Growth Management Plan. This ordinance has been reviewed for legal sufficiency by the County Attorney's Office and approved. RECOMMENDATION: Staff recommends that the Board adopt this increase in bonus density unit awards, once data has been presented to justify the increased bonus units. If the bonus unit increases at the affordable housing levels is justified, then the amendment will foster increased provision of affordable housing to the citizens of Collier County. Prepared by: Catherine Fabacher Principal Planner, LDC Zoning & Land Development Review Item Number: Item Summary: Meeting Dete: Agenda Ilem No, 8A March 28. 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This amendment of t~le Affordable Housing Density Bonus (AHDB) Rating System is continued from the February 28, 2006 public hearing of lDC Amendment 2005 Cycle 2. The Board directed that staff provide data to support the requested increase in bonus unit awards across the levels of affordable housing income provided for In section 2.06.03 Table A 3128/20069:00:00 AM Date Approved By COllstance A. Johnson Operations Analyst Community Development & Community Development & Environmental Seroric9s Environmental Services Admin. 3/141200611:44 AM Approved By Date Marjorie M. Student-Stirling Assistant County Attomey County Attorney County Attorney Office 3{1412006 1 :52 PM Sandra Lea Approved By Board of County Commissioners Executive Aide to the BCC Date Bce Office 3/14120064:59 PM Approved By Cormac Giblin Community Development & Environmental Services Housing Development Manager Date Financial Admin. & Housing 3/15120068:36 AM Date Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Zoning & Land Development Review 3/15/2006 4:37 PM Date Approved By Joseph K Schmitt Community Development & Environmental Services Community Development & En\lironmental Services; AdminSitrator Community Development & Environmental ServicEls Admin. 3115120067:47 PM Date Approved By OMB Coordinator County Manager's. Office Administrative Assistant Office at Management &. Budget 3/16/2006 9:58 AM Date Approved By Mark Isackson County Manager'$. Office Budget Analyst Office of Management & Budget 3/16/20065:13 PM Date Approved B)' James V. Mudd Board of County Commissioners. County Manager County Managor's Office 3/17/2006 10:58 AM Agenda Item No. SA March 28, 2006 Page 3 of 7 ORDINANCE NO. 06- 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 UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.06.03 AHDB RATING SYSTEM; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the second amendment cycle to the LDC for the calendar year 2005; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on February 8, February 28, 2006 and March 28, 2006 and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F .S. S 163.3161 et seq.), and F.S. S 125.01 (1 )(t) and (1 )(w); and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, S 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law Page] of 5 Words stflle); tkrsllSR are deleted. words underlined are added Agenda Item No. SA March 2S, 2006 Page 4 of 7 have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or" GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 FAC. 7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all Page 2 of5 Words stmek tll.rsligH are deleted, words underlined are added Agenda Item No. 8A March 28, 2006 Page 5 of 7 development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. Page 3 of5 Words stRis]: tllrsHgll are deleted, words underlined are added Agenda Item No. SA March 2S, 2006 Page 6 of 7 SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A AMENDMENTS TO SECTION 2.06.03 AHDB Rating System Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.06.03 AHDB Rating System * * * * * * * * * * * * * Table A. Affordable-Workforce Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Percent of Development Designated as Affordable-Workforce Housing 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 150% 1 2- ~ 1. ~ 2- 2- 2- 2- n/a MI. .. 80% Income Level MI. 4-2- ~~ ~1. 4~ ~2- &l 7~ 8 8 8 60% MI ~~ ~1. 4~ ~2- &Z 78 8 8 8 8 50% MI ~1. ~2- &l 7~ 8 8 8 8 8 4~ .Owner-occupied only .*Mav only be used in coniunction with at least 10% at or below 80%MI Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus In no event shall the maximum gross density allowed exceed 16 units per acre . . . * . . . * . SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Section not affect the validity of the remaining portion. Page 40f5 Words struBl; tRFBHgR are deleted, words underlined are added Agenda Item No. 8A March 28, 2006 Page 7 of 7 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: Ma~orie Student-Stirling Assistant County Attorney Page 5 of5 Words stAle!; tRr811gR are deleted, words underlined are added Agenda Item No. 9A March 28, 2006 Page 1 of 34 OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term and 1 member to fulfill the remainder of a vacant term, plus a full 3 year term (partial term is less than 6 months) to the Affordable Housing Commission. CONSIDERA TIONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 91-65 as amended to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan; investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inc1usionary zoning recommendations; review and determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. The Board of County Commissioners will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one ofthose must be a resident ofImmokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county-at-Iarge, the City of Nap les- at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. Terms are 3 years. A list of the current membership is included in the backup. Mr. Doug Carman resigned his position on July 14,2005 and Mr. Richard Snyder resigned his position on October 27,2005. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Donald Spanier Retired Low Income Housing Developer 2 Yes Pelican Bay Services Div Bd. Arnold L. Karp Retired Low Income Property Mgmt 2 Yes None Larry H. Fleming Realtor 4 Yes None Laureen Mary Owens Non-profit Org I Yes None Kenneth Kelly Contractor - Roofing/Resides East of 95] 5 Yes Code Enforcement Board Randolph B. Cash Military/ Alternative Traffic Control 5 Yes None COMMITTEE RECOMMENDATION: · Donald Spanier, Affordable Housing - expiring September 16, 2006, plus an additional 3 year term to expire on September 16,2009. ,-, · Kenneth Kelly - East of Collier Boulevard - position expiring on October 16,2007. Agenda Item No. 9A March 28, 2006 Page 2 of 34 FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 28, 2006 Agenda Item No. 9A Maretl 28, 2006 Page 3 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9A Appointment 01 members to the Affordable Housing Commission. 3/28/20069:00:00 AM Prepared By Sue Filson Board of County Commisa.ioner8 Executive Manager to the BCe Date Bee Office 3/15/20064:07:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/16/20064:05 PM <(CO'<t cnOM .0_ ON 0 Z 05 '<t EN Q.) Q.).!: Dl ==2~ roro -g~ Q.) Dl <( I:: - 0 - c ~i :;:I -g 0 -.sE IS ~ ;; ~CD ::J& c a5 tv ii ""':' ,gtv co ~ ~ c 8. _I:: e' ~ i 'i~ I:: 0 2~ 'E "0 0 lD co lD E E ! - lD I:: C "ti CD a5 g,g l 8~ l l:e 0 C) .!!lD ~'O ;; ~ fDCD .,; iii C) .. "'E- J:s. ~I 'ii :! 8.~lD ~e 1ij I:: 81 c 8. a N )( ~ ~ 0 '0 W "0 ..J 0. Z 0 f-- - - ::J: ~ :s - == 0 ~ II 8 (,) 0 C>> E CD '0 3E c:; ~~ . 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OlD .c 0 c u "iii NO. ~i aco .....0. - ;; ii .2 ~ w 1 ... co Ntv ~~ j CIOZ NZ lDZ NZ '<tZ - &I = - ..J - 0 0 - "0 0 - " 1 ~ c ::x: 'a In % c .. CD CD CD 0 <C CD CD - E :a E . - Q) :s CD E . E CD Q .s::. l'lI II) ~ 0 'E 0 :a 0:: - 't:J l::: U C,) " '0 .. I ~ CD & ~ &! 'E 0 ~ ... ~ "i Q II( ! LL ~ II) l::: ~ ;::. . .. ti < 1: E aI " - .! LL ~ 0. <0 ~ 0 =I&: cc .... E ::i C'f) E CD tV .r; - < rn ::s:: lD I:: :E 0- CD C C C CD e .s::. "0 "0 u: CI) lD 15 .c 0 0 0 :; - 16 ~ ~ ~ .. 15 ~ c: -g ~ CD C ::J g ~ ::J I:: C tn .e ~ ~ ~ ~ :IE .c :IE 0 Cl - a t I 1 I I ! . I I :1 I ~ :! i 'i q :j I :j ;1 '1 II :! :1 '1 ! i i I I I ! , \ I \ :1 H ")! II n ~ J oj Agenda Item No. 9A March 28, 2006 Page 5 of 34 Affordable Housing Commission Name WlIrt Phone Appt'd Exp. Date Term Home Phone DateRe-appt lndExpDate lnd Term Dr. Samuel J. Durso n5-0036 10/26/04 10/01/07 3 Years 891 Partridge Ct. 642-5750 Marco Island, FL 34145 E-Mail: sdurso@hfucollier.com l)istr;ct: 1 Category: Habitat for Humanity Mr. William R. Cadwallader 11/]3/0] 1 % 1/04 3 Years 1090 Egrets Walk Circle 514-4082 10/26/04 1 % 1/07 3 Years Naples, FL 34108 E-Mail: District: 2 Category: AttomeylBusiness Administration Mr. Robert Guididas 649-1500 04/13/04 1 % 1/06 2+ Years ~~ 1550 13th Avenue, N. 643-6311 .-. Naples, FL 34] 02 E-MlIi/: rguididas@cbnaples.com District: 4 Category: Banker Mr. W. Jeffi'ey Cecil 593-2950 10/14/97 1 % 1100 3 Years 3073 Windsong Ct. #604 04/I 3/04 10/01/06 3 Years Naples, FL 34] 09 E-Mail: District: 2 Category: County/Atty-Affordable Housing Dev. Ms. Esmeralda Serrata 657-3649 OS/24/05 1 % 1/08 3 Years 603 Nassau Street, Apt. 4 657-5838 Immokalee, FL 34142 E-Mail: cchafl@aol.com District: 5 Category: Collier County Housing Authority ----. Fridfl)', Fl!bruar)' 10. 2006 Page 10[3 Agenda Item No. 9A March 28, 2006 Page 6 of 34 Affordable Housing Commission Name Work Pllone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndE>..pDaJe 2nd Term Mr. Doug Carman 09/17/03 09116/06 3 Years 2390 Ravenna Blvd., Unit 202 .ref) 566-2510 Naples, FL 34109 If ~ \~ ~f5' E-Mail: 1/1,-,\ Di.ftrict: 4 /----- Calego1"i:-City'Ai'~ ~ --/ / .'--- Mr. John F. Houton 03/19/03 03/18/06 3 Years 275 Yucca Road 643-5051 Naples, FL 34102 E-Mail: Db.trict: 4 ~ C /C') a/egory: ity / ~ Ms. Mary Strutz 11/19/03 11118/06 3 Years .... (1- 271 Aqua Court, P.O. Box 1646 263-0697 Naples, FL 34102 E-Mail: District: 4,/~ catego~ .. J (I /iff Mr. Richard Snyder ~iOP / 10/17/01 10/16104 3 Years 3131 Riveria Drive l {) - 434-7203 10120/04 10/16107 3 Years Naples, FL 34] 03 E-Mail: District: k--;~\ Calego'!)': CitylRetired.-' \ ' '--..-- Ms. Christine D. Straton OS/24/05 10/01/07 2 + Years 4260 Montalvo Court 597-8849 Naples, FL 34109 E-Mail: chrisstraton@yahoo.com District: 3 Laregory:COUNTY-ALTERNATE Frida)'. February 10.2006 Page 2 of3 I' Agenda Item No. 9A March 28, 2006 Page 7 of 34 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-oppt 2ndExpDate 2nd Term This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by On:Iinance No. 2005-69: the BCC will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shaH be comprised of members from the counly-at-large, the City of Naptes.-at-large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. On 12/14/04 the BCC adopted Ordinance 2004-n to add 1 Alternate member to be appointed by the BCC. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13, 2005, the BCC approved Ord. No. 2005$ changing the composition of the committee, 9 members and 1 alternate. The ace will appoint 8 members, including the alternate (2 of which must live in the Ruraf Area (East of Collier Boulevard), and one of those must be a resident of Immoblee) and the City of Naples will appoint 2 members. Tara A. Nonnan, City Clerk 434-4701 FL STAT none Staff: Denny Baker, HUt Director: 403-2330 Fridil)', February 10.2006 PageJ oj) MEMORANDUM Agenda Item No. 9A March 28, 2006 Page 8 of 34 RECE1VED JAN 2 i1 2006 FROM: January 23, 2006 Elections Office ~ ~ I Sue Filson, Executive Manag~ ^ Board of County Commissioners Bo~' Comm'''''''' DATE: TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AFFORDABLE HOUSING COMMISSION COMMISSION DISTRICT Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 ca ~ 1 Arnold L. Karp 2326 Cheshire Lane Naples, FL 34109 Larry H. Fleming 563 Park Shore Drive Naples, FL 34103 Laureen Mary Owens 2308 Elizabeth Court Naples, FL 34112 J 5 5 Kenneth Kelly 4260 16th Street, N.E. Naples, FL 34120 Randolph B. Cash 3670 rt Ave., N.W. Naples, FL 34120 Thank you for your help. MEMORANDUM Agenda Item No. 9A March 28, 2006 Page 9 of 34 DATE: January 23, 2006 TO: Denny Baker, HUI Director FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Affordable Housing Commission As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Donald Spanier 812 Pitch Apple Lane Naples, FL 34108 Arnold L. Karp 2326 Cheshire Lane Naples, FL 34109 Larry H. Fleming 563 Park Shore Drive Naples, FL 34103 Laureen Mary Owens 2308 Elizabeth Court Naples, FL 34112 Kenneth Kelly 4260 16th Street, N.R. Naples, FL 34120 Randolph B. Cash 36701- Ave., N.W. Naples, FL 34120 Please let me know~ in writing, the recommendation for appointment of the advisory committee within the 4 t day time-frame, and I will prepare an executive sunnnary for the Board's consideration. Please include in your retum memo the attendance reeords of the applicants reeommended for reappointment. Please catecorize the applica.D in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 9A March 28, 2006 Page 10 of 34 - Donald Spanier 812 Pitch Apple Lane Naples, Florida 34108 Telephone: 514-7917 Januaryll.2006 Ms Sue Filson, executive manager County Commission 3301 U.S. 41 East Naples, 34112 Dear Ms. Filson: This letter is my application for appointment to The Affordable Housing Commission. I am a year-round resident; I live and own property in Pelican Bay, a master planned community in the unincorporated portion of Collier County. I am a retired man and have resided and paid taxes here for over ten years. Prior to that time I was a resident of the States of New York and Pennsylvania. I am a graduate engineer and administrator, having received my degrees from the Massachusetts Institute of Technology. Following completion of my formal education I worked as an engineer, as an administrator and an executive and as a consultant to businesses and units of government An _important segment of my career was spent in the development, construction and administration of housing that was affordable to employees whose incomes did not permit the occupancy or purchase of "market cost" housing. I was Senior Vice President and Development Chairman of the Property Resources Corporation, a New York City based company engaged in that business. In all, we developed, constructed, and administered over six thousand such residential units in fifty- eight complexes throughout the metropolitan New York area. I believe that I can bring a broad range of innovative ideas for producing affordable housing, as well as seasoned and relevant experience in the shelter industry, to the work of the Commission. Not incidentally, I have a thorough understanding of the organization and functioning of county and municipal government as it relates to housing and of the necessary cooperation and interplay between all of the stakeholders. Very truly yours, Donald Spanier - Board of County Commissioners Page 1 of2 Agenda Item No. 9A March 28, 2006 Page 11 of 34 'Ison_s em: donald spanier [dspanier@comcast.net] Sent: Sunday, January 15,2006 11:51 NA To: filson_s Subject: APPUCATION[1].doc Attachments: oledata.mso; affordable housing .doc Board of County Commissioners 3301 East Tamiami Trail Naples, FL 3.1112 (239) 77-1-8097 Fax: (239) 77-l-3602 Application for Advisory Committees/Boards ~ame:_Donald Spanier ale Add.....: _812 Pitch Apple Lane. Napl... Florida Code:_34108 Home Phone: _51-1- Zip Fax No._514-3217 Business Phone:_877-3590 address: _ dspanie......~comcast.net e-mail Place of Emplo)'UleDt: Retired Board or Committee Applied for:_Affordable Housing Commission Categol")' (if applicable): Eulnple: CllI1UIUlIsion DIstrict. Developer, envinmmentallst. lay person. etc. How long have )'OU Iind in CoUier County: Years_7 _4_ Months Are you a registered "oter in Collier County: Yes_X No Do )'OU currently hold public office? Yes If so, what ~ that o01ce? No x Have you ever been convicted of any offense against the Law? If yes, explain: _minor traffic "wlatWos Yes_X No ......u now 5en'e, or have yOU ever 5en'ed, OB a Collier Counn" board or committee? Yes X No ~nplease list the commltteeslboards:_Pelican Bay MSTBU; D~trict 2 Advisory Council; Pelican Ba)' Sen'ice 1/17/2006 Board of County Commissioners Page 2 of2 Agenda Item No. 9A March 28, 2006 Page 12 of 34 E>st your community activities (cilic clubs, neighborhood associations, etc. and positions held: ater Condominium Association: President; Oakmont Homeowner's Association: vice president; o . r County Democratic Club: Director; Pelican Ba~' Sen'ice Dhision: Director Education:_B.S. Industrial Engineering and Administration: Massachusetts Institute of Technology; Experience: _ As Senior Vice President and Chairman of the Devdopment Committee of the Propert). Resources Corporation (New York) I overs a",' the de,-elopment, constmction. marketing and administration of over six thousand residential units in sixt). eight complexes throughout metropolitan New York. Our "market" was the employees of private and public employers ,,'hose incomes did not permit the purchase or leasing of conventional "market cost" housing. Our "'product" was a mix of coach homes, vDlas, free-standing homes with and without attached rental units, as wen as low and mid-rise buildings. The complexes also contained an appropriate amount of space for retail and service businesses. Great emphasis was also placed on the selection of sites near existing or committed public transportation facilities and undemtilized major thoroughfares. We used a wide range of techniques to drin down the costs of our product to "'affordable levels". These included: land leasing to extract the cost of the sites from the finished cost and selling or rental price of the housing unit; a creative mix of public and pril'ate fmancing; direct and indirect builder incentives and subsidies, as ",-eO as buyer subsidies where appropriate; maximum use of Foundation as weD as government grants and loans; erection and operation of a manufactured home operation to pre- fabricate modules as well as complete dwelling units where appropriate; joint public-printe ventures to permit printe development of ",'ork- force housing on undenrtilized land owned b~' Count)' or Cit)' gonmments, Special District, Constitutional agencies, hospitals, educational entities, public benefit corporations. Extensive use of transferable air (and otber .. of denlopment rights ~bove occupied about ten years of m)' career. At other times I worked as an administrator, executive and a consultant to businesses and units of government> n-., IIItllell IIII.J' odditiOrllU informtllion ."011 ful pD'finent. ThisllpfllicGtiorr sltmlld N f-tkd 10 S", Fi&DII. Ex<<uti>>, MtmllgD'to th, Boord ofCOMnty Commission"... JJ01 ElIst Tamiomi TraiL Napln, FL 34112 qJ'OIIlrish. pkas,faxYOIlr lIppIication to (2:1') 774-J602 or e.mail to s"efilson(iicoUiD'tlov. net. Thank YOM for vol"nt,mnx to s'"', th, citi:ms of ColliD' Couno'. . 1/17/2006 . Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agend~JtelJ1 No. 9A:. . _ ?'"'\. March 28, 2006, ..~ U Page 13 of 34 ; ....,., ~ ~'......:J , f(-.. . ~.~. "':.'.'~""" :. "" '..? \. :t.6 t Application for Advisory Committees/Boards Name: A ~ ~ <<> \.. 9 l. \0<. A ~ \? Home Addresl: 2? ~ lD C. "" €. '!>> '.Il , ~ C!.. LA t>oJ e. Fax No. Sl.lD -1 C\ 5' BUliDe.. Pbolle:S~" -, C\ 5'1 Home Pholle: 5 ~ '=> - 2.. '5 ~ i Zip Code: ~ L.(, ~ 0 9- e-maJ) addnll:'oca.\t''9CL V'CL. ~ Q.~ Ci>~ 0 w.. eo d" ft; . \0\ to't Businell:j"1U","~\- FA M ,,-"'i Ma"", A (8., M ~N"t" \:Cw 0.. Board or Committee AppUed for:~ ll.~ A ~\..(. \-1.0 '" ~\t-.l" Co t'\.t-\. \-OS CO \.o...r ClItegory (if applicable): ~O \,) ~ \ "" Gr ~~O':'C.c;'" \. () ~ PI.'- EUlDpIe: CI I '1I1DIIWld.DweIo,..._." am ~lH.III1.....-.*. An you. reptered vofer In Collier County: Yes"""" No Do you eurrendy bold public: ofIice? Yes No ~ Ir 10, what is that oftIee? Do you now ieI'Ve, or have you ever lerved. ClIl a Collier Comity board 01' ~.it_? Yes If yes, pI_ list dte CClIlllniUeellboercb: No / ) Please lilt your eommwalty adivitie. (dvic: clubl, ~borhood u~ etc. and poIltioDl beld: trA;~~~ ~;~r~~:~~~~~~~~.:~-{ '-l~~\ ~~" l ,-{~ ,,\~~ Edueation: U...c\\I&R'S.\"'f""l! 611 NA'IZ.\(I",Awb -o.~. El.penence:'lo '(~q~S OP ""o",~,~Gt 'f''''A~e.~ Ih~'9 ~~'R"\~f~~~.t\? A5~."" ~~~Ps<!rE~'~ ~ \,,01olo) ~,...~ r;;.:::"Pa~" INCOM' ~OU6.I""~ u"''9~'" __ Aw_ --=-fL ~R..'5 ~~ot'\c.. ___t'P\_ os.. SIr ClliTfA~~O lH:"\J~e:" S€e: A~Ple...~"D W'R.\"t'~-Vl' O~ e.O~'Vc>,r;,A"tL ~~\~"< ~...Ii "t"llA"'" $ C iI..\ ?"'f 6 ~ Co. ~ (., ...;~ So \ O~ Po ~~~""( , tJ\.(') w.~ SEs:: A-TT'AeIrlrE"'O C.".q:l"\~~ ~i"tOM. Ce~"'()1t,..""t1L "'9.SA\.. ~"\F\"T1I VSVG.,-o?Mt""''t'' A~"t) MP.l~Acs.G.M.":~ .. L..""y.~", c..1LA~~ e,-,- 1 PfMH.... -.y"""""'."""""'" ,-./M,."...,. Bit wI' iii_ "'..J4 -}tIt---,. s.. r...... ~ M...". ,.,.s-dtt/c-tyc_ . 1...., 3J'1 &;.tr.",,;.aTHil,N.., FLUIU Q'J1t1IIwiM,,...J-,-r Wc_....:. .,. (239)""...3662 ", __,. $'Ufibon<iVcoUierHl'..<< 7Jt_ J1t1II/fIr.......,,. _ III. __ _/CtJIIi.- c.q,. Agenda Item No. 9A March 28, 2006 Page 14 of 34 . ARNOLD L. KARP Has had a broad and varied career in residential and commercial real estate since 1959. Background includes extensive experience as a real estate broker and real estate appraiser for various banking institutions. Operating officer of a larger discount department store chain with prime function in the development and leasing of shopping centers. President of Middle Atlantic Equities Corporation, successor to The Karp-Fox Company, organized in 1975, an FHA Approved Mortgagee specializing in mortgage and equity (brokerage and syndication) financing. President of Multi-Family Management, Inc. a property management firm founded in 1971 which had the responsibility for the rental management of 4,000 housing units through the Middle Atlantic area primarily in federally assisted programs. Individually or through wholly owned corporation acts as general partner directing the responsibilities of asset manager for limited partnerships owning apartments totaling over 1,900 units. . Co-founder and President of Karp, Nestler and Company, Washington D.C. The company was engaged in the financial structuring and development of real estate projects for 11 years, primarily those which were federally assisted until it was merged with Multi-Family Management. Handled the project development, asset management, contract negotiations, and structuring of syndications and joint ventures. Attended Seton Hall Preparatory School, South Orange, New Jersey. Graduate of the University of Maryland with an B.A. degree in Government and Politics and attended George Washington Law School. Additionally holds a certificate in Tax Planning in Real Estate from American University and a certificate in Real Estate Investment Analysis from Wharton School. Served on active and inactive duty for 10 years in the U.S. Marine Corps Reserve attaining the rank of Captain. Licensed real estate broker in four jurisdictions and member of the Greater Washington Commercial Association ofRea1tors. Has written numerous articles for trade publications and lectured at real estate seminars. Member ofNAHMAExecutive Council. with a National Assisted Housing Professional designation and Chairman of the Rural Housing Committee. Member ofUSDA-RHS Multifamily Housing Management Task Force and Rural Preservation Working Group. Participant on the financial subcommittee for HUn 2020 Management Reform Plan. . <C<D~ .~g~ "lO ~ ctlctlo... -g~ Q) en <C tI) E-i Z !:Ll :::E !:Ll e> - 0::( ~ !:Ll e> z ~ !:Ll Cl.. tI) ~ ~ ~ ~ o j:A.:( lJ.'l Cl.. CIJ J:a... o E-i o lJ.'l l:Q ~ tI) ... 0> ..s:: .... o 1<.$ to ftI M 5 N ~ 0::( 01 ~ 8 J:a...D.. o>s= en 0> ~ 5 o c: .... ... ~ ~ o 0 ::r:e> !:Ll1 ~ o 0) to 0) ..... >. 10 :::E l):; o tI) z o Cl.. CIJ en ~ 0) Z c: o ..... ....... o 2 .... ftI c: o () .... c: 0) 5 .... .... 10 ~ !:Ll o Z !:Ll ex; !:Ll J:a... Z o o 1-0 0) 0, .s c: 0> 0 :>..... 0):::: ~~ 1-0 0, 0) >< "Ol:LI P"'f ~I<.$ l:Q 0) .... 0 s::: s::: 0) 0) 8 1-0 ~~ 10 c: ~8 >. 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M o '0 .... 10 o ~ . , 4 G) Agenda Item No. 9A March 28, 2006 Page 17 of 34 MULTI-FAMILY MANAGEMENT: INC. RENTAL MANAGEMENT ASSET MANAGEMENT 12250 ROCKVlLLE PIKE, SUITE 200 ROCKVILLE. MARYLAND 20852 301/468-9525 FAX 301/984-8199 Multi-Family Management, Inc. is a professional management organization with extensive staff experience in management and operations of federally insured housing facilities for low and moderate income families, elderly and handicapped persons, and conventional housing units. The Company was founded in 1971, presently employs 180 persons and manages 80 residential communities containing approximately 4000 apartment units in the states of Virginia. West Virginia, Pennsylvania. Maryland and New York Most properties are financed under one or more federally assisted programs. Weare dedicated to the principle that every family and person is entitled to a decent home through new housing opportunities provided by the various national housing acts enacted by Congress, with equal opportunity regardless of race, color or national origin, and economic circumstances. To accomplish this goal every housing development must have complete integrity without compromise of its viability for the resident, the neighborhood, and the community within which it is erected. We assume the prime responsibility of maintaining the day-to-day operation of the facility, encouraging the total involvement of the resident in pride of residency and through communication, invite input to operational policies of the facility. The Company follows a sound management plan consisting of long-range maintenance pro- gram, and the ability to work closely with on-site staff personnel to achieve a successful project. We have adopted procedures and maintain a system of records and accounts which conform with the particular federal agency requirements. The utilization of a computer system for financial control of bookkeeping and accounting functions assures that reporting to the owner and agency is made in an accurate and timely fashion. Property managers and project managers are trained in the regulations and requirements of the particular agency as well as in procedures of professional rental management. Continual review and updating is carried out by periodic regional workshops and annual Company seminars. We constantly stress the attainment of consistency of performance and the ability to work closely with owners to respond to their particular needs and goals. The Company has fidelity bonding capacity to cover all properties for which it is engaged for services. EaUAL HOUSING OPPORTUNITY . . Agenda Item No. 9A March 28, 2006 Page 18 of 34 . MULTI-FAMILY MANAGEMEN-r, INC. RENTAL MANAGEMENT ASSET MANAGEMENT 1 2250 ROCKVILLE PIKE. SUITE 200 ROCKVJLLE, MARYLAND 20852 301 /468-9525 FAX 301 /984-81 99 POLICY STATEMENT Multi-Family Management, Inc. is dedicated to the principles set forth in Title vm oftbe Civil Rights Act of 1968 and the Fair Housing Amendment Act of 1988 that every family and person is entitled to equal housing opportunity regardless of race, color, religion, sex, national origin, familial status or handicap. It is the responsibility of aU employees involved in the rental or servicing of apartment units to fiuniliarize themselves with their obligations and responsibilities under Title vm, local fair housing laws, and the Affirmative Fair Housing Marketing Regulations which govern this project. The fiIir housing laws prohibit, disaiminatory advertising of housing, discrimination in the terms and conditions ofhousing rental, refusal to negotiate with any person, denial of the use of or participation in any services. refusal to rent to anyone who is qualified after a bonafide offer has been made, false representation to tenants or applicants or to otherwise make housing unavailable to qualified persons. The Affirmative Fair Housing Marketing policy requires that aU employees involved in the rental activities of this project read and carry out the Affinnative Fair Housing Marketing Plan. The implementation of this Plan involves prominent display of the approved Fair Housing poster in the rental office including the complete Equal Housing Opportunity Logo on the project sign, newspaper ads and brochures; advertising as an Equal Opportunity Employer, and filing rental occupancy reports when required. An Affinnative Fair Housing Marketing policy shall be pursued in soliciting residents, in detennining eligibility and in concluding rental transactions. All terms, conditions, privileges, provision of services or facilities connected with the rental of properties under the management of Multi-Family Management, Inc. shaD be provided to all persons without regard to race, color, religion, sex, national origin, familial status or handicap. MULTI-FAMILY MANAGEMENT, INC. ARNOW L. KARP. PRESIDENT March 25, 1994 15:r EQUAL HOUSING OPPORTUNITY " . . . MAACH 1972 . . (\\eo. ~e9~\ ~. .~ \:.L 1 ~~~ ,.~ r,~+ . \'" '~~1 f:1= L: 1i 1:! 13 ~ ~ :: (:....... _._ r Q If.: ="="_ .~....~.. tI1,~ 11111 = ~'.= ~~. .I tr.!. lJrL - Yo :::: k ..... G.._ k_ "" fj.:;: it -'Ill ..., 11_ ... G' ... _.ltio 'M Jt'/. XI . '.. "." S_ - G' _., >>,~'.. .... Ut ...... .. ~ Mt ~ 1 " 1J "1iI 1.1.. _ lOll .15 2 4~ ~..._ ,.1Ie "1"'" It',. ...... . ,.,,,.... " ..... ~ ~:.,... ,l:...:: =: ::;U"rzt H. {~ ,~ g::::.. '-:/,,'~ :; l ~" + '. DIVERSIFICATION Gult ""......20 II S1Ilo'~ ..._.. Fl \.. 'I 21 .... (0._ _ .,.. ,.'''' ~ . =~.,. ~ ~ ~ :~:.... ~~I.2M 't ~ ~.: t :; 't:~""C:I ... 1~~ ~ ~\~ ..." r, 50e :It"" .. ..._ c.... . 5' 0 . ".11",.,,,, Mm. '40 tl';. ",... '.. IIIIft ... ~...... ... J~ . ...,...I!. IT:o. 'ot '6\1 ' 1\.. - '.. _. .11 tncl J" ..~ M.._ f $1" ,. .. \so. It .. (II llG .Ut .. U, lJ'. + "" H_ C.M .. r-. A II. 1"" ,..,. .. ~ '.. APPRECIATION ::.........S" Jill ,t "... 1~ I~" C H._f.'" C.... JI,.,... 11111 ....."" r S 'M It ~ "''1' .. '.c. tT"\M,, ..- ..... :II "\It 17 - 1ll,1I..... \. I"C I. '. 11-.. + '0, EARNINGS Kf'''~'' IIIIM! m"t,...t t 'In'" (")I . '..""._ t. ~ ~~ "It J · ~~"11IN' ..\KJt 13.'" w. . \t ~~;:=: ~';" -.. kit ... II. to.. CllfI ~l.te ,. . . =~.~ ~ ~ ;~;i!g~:~t.~~.~ ~ -"'" I~ )~ ,~... 95.. + ~I()to,. .... l.. . """- C.... u" I:i .1'"1 ()I'.. .... - -'....I."lI"l l.. " 0" She.- " in :;-~{: ~~ I~ ., ~ + '-. ,.. _06' r.. ~ . :I~~~ Ir:~J 1 ~ ""&'1. ....,,1 '" "'ad."", "_.rille 7.~ CASH FLOW ~r':f'W ~r::. If g:,~ ~ _"eN.... ot Itt.,.,.... 141 '1\. . "D..f' "'M.... . .'... ~H' t..'l'~" , t'. "'~fI'Il'd.t:" In( ). 21'... Hubl....... Co to 1J'~ Io&....f. ....... ~ 91.'. M(~h" , ~.... U,., d.l,v ......t"~ ... ,.... ~:~~r(~:~':'I 1:~ f:',. t:u" '., ."!':tt."\;"\~- 1f'L~tJW. c.. L::M. 11 C': ....f~~..~~_...~~A~.~. City/Area Revle..: Nashville. Tenn. Memphis, Tenn. Hartford, Conn. Puerto Rico Silo . '..I...... ,ftd ". .;) 0" J.1 +'. Mu'W' G,\ '." . 4'. '..... + '.. Mil. It., Tnll.. . l' 0""- SP...., M,", V.t G.\ 1 11. "VI :;.~ r.~ - 0;, DEPRECIATION. l'~ ft'. _,~ G Iv." '" "" '~l + ~ ='~.c.o::4 2~ J~.. ~~_~ =~~_ 2 ~ ~ KN &CD. INVESTOR .-. - '" ="':';'" .. it ~ + .... C.........; . ~+a'l ~ c.l .. 1 . II' ,... C..... Tr . J\Ia + .... '""'" Cot co l." $ :II.... . <- 1 ft - III QUITV POSITION ~... Il~-'Ilo ~J:," 1& as ~- '" ~':.~ ~ - \II c:; Ie. (:" It 1~ ,.;Z:- \. (...._'~ ~~ . "r';.1;" lh; Ii" · ~ ~,~.t~ · - Yo '- -:. "f'~ ~ + ... ('=":::::,1 ':,I'~ . 1=" J;dI.25 ",f\:~ ,f,,: ~ ~ ~::'.ll.J 'Ill. "" \ooflt Bit... ~ G"-.... c......" to ,.. + '., s.,,~ 01 U, $ ,'" 11~: :.t c.... W\t I '''.;. St......tty Tr . U' + ' I' C"".. W'!i , ... SI'H"'_ , ,,"," ... "... ~ ~~ r':::":::'dr n~'" ~~:::~ DHAWAIl! l~': JOINT VENTURE ~:~:..I 'S1It + '.. Sh!,.... t..- "$ ~fl, fl. ..." Ofollt Tt '",-," 'S'H'.... c.... 4 5' ~ "OIrfr(+DH ~ ~Sl..._.. _Ai t. Sit...... _. 1 \~ '... Dno'" f. n'l" +1" ~2.'!!J2. t.,. '"" ..... D.fY.US . ~...... 1'" 3 J.... 3'" .... + "" _...... J'.II )l \It;. l' .'~ -... I """I~ 011 71 1'r.. '.... + \. L...._ ~. '-"" t .M .. "110 ".. +,~ _..1 t_ . .. IIIC'" ll,~ '5"!o.' :.-r.- 13\ NREI panel sees trusts in strong position Giant firms are the new developers 1"~ ,2." ,... ,11$ I.U .. Pur,t Stl',... 1...... n.'''ClAl " D.........~\ f, I"""'~ FUftd II,,:.,.,... ~ ,,", \I. "'..'. Fland II rt v....... 12." IIrST tllYEUOlIS fUMO$ REITs ...._. '.57 '.7) - .77 tor _ 1'." 11." -... 1M'''' C- ..!! . ~ ,.... + .P ....., 10.. -FINANCED . I~=~ ,... t" ~~ ... S.U - .11. "...._ T....... .." DEliS GIlOIItI 'WoIl' " ~ ..: ".:N 'I." _.~ .... - .... \1 11M ".". .IIS WILLIItCITO. GlIOU' .... 1.1) -.., t_'o;! 2) " ,. lit 12.t? -.. 1_ ._ If" ... It... -.I'l __ __ It.~ ~~,,=",,'e:' ltU ".63 _.If w..._ 1M '7.11 , ..' -... _,....... .. 12te ," .. .OJ _ __ . 51 ,... _..,~ _.. . III 11.1$ + .ll:r ""._ ,,. ..0 11.\$ - .12 w,..._ (;11." .Il WI-.(tJM.IlIl ,_ ,..' ,~.!! = :~ = ';::' J:~ - 11 St...,,, - _1M ... -.. ... tIIMM'..... 'r_ ... .&SO. -. -- _. ... - ... - '. - .......... .- -....--....... ~' : =: -=.~~J.:'': ;- r. .e':=::'~ ... ~ ..., - .... - -. -~~- - _. ... -Al_ _'- .. _ _.."'~-.., .- iii '"" _. 0-(.... iit "S. 11,.... ... m1. -'""" ... <If . ,. =-" - .l3llm. ,.,._ .. .... fl u... \1.. ~ .!1 i..h........... .. ...... .... UI U. Karp,,~k-r& C..o. FHA PACKAGING. PROCF:SSING II:i3 FIFTEENTH STRF:I-:T. N. W. WASIIINGTON. U. C. 2000;' 202/833-1 !l80 FINANCIN<: n~ r~,,: i'.ti.. ' , ,,.,.... {"'... 41 14'. 'Z',.. '_ ....,1 G~w,'.; ,... " 3'" .1.' 4~ '''''' . ...... t ,,.. , ~ ... .,. ~_ ~'_.!'_,.~~:t ~.. . .:A~~..... \. Agenda Item No. 9A March 28, 2006 Page 20 of 34 Tax advantages for the apartment house investor . . The success of the apartment developer in producing projected earnings is dependent upon a num- ber of factors, including the de- (HUD) an opportunity to evaluate veloper's ability to attract investors. the effectiveness of this tax in- The availability of investors is ccntive. dependent upon the federal income Under current law, gain on tax treatment of such investments. scale is treated as ordinary income The current federal income tax ("recaptured") to the CX'tcot the law, as modified by tbe Tax Re- seller has claimed depreciation de- form Act of 1969, goes a long ductions in excess of those that way toward producing a product would be allowed under the straight which has the most fa'vorable tax line method if the sale occurs in treatment for investors seeking tax the frrst 20 months. After a 20- shelter investments available to month holding period, the excess de- high bracket individuL investors. predation over straight line which Commercial and industrial property is recaptured at ordinary income can no longer use 200% declining rates is reduced by I % per month. balance depreciation. The attrac- After 120 months (ten years), no tiveness of tax shelter in the fields recapture applies to a sale and gain of equipment leasing, breeding cat- to the extent of excess deprecia- tie and citrus groves is no longer as tion taken as taxed at capital gain good as it was prior to the Act. rates. Investor money looking for tax An additional incentive, and a shelter will be attracted to invest- very important provision of the Act, ments which offer the greatest tax is that gain on the sale of a fed- shelter and which have been af- erally assisted housing project (236 fected the least. Sucn benefits or 221 (d) (3)) will not be reeog- are available in multifamily hous- nized (i.e., not currently taxed) if ing, particularly those under one of - . the seller reinvests the proceeds of the federally subsidized programs. the sale in a second federany as- I t is reasonable to assume that this sisted housing project within one climate will continue as long as the year. To qualify for this "roll-over" priorities for housing on a national tax . incentive, the first project level are maintained. must be approved by HUD. As The Tax Reform Act reflects the stated, no gain is recognized on the judgment of the Administration, the sale of the first project to the ex- Congress. and others, that tax tent the proceeds of the sale are treatment should favor investment invested in a second project. The in publicly assisted housing over taxpayer's basis in the second proj- other rental housing, commercial eet is reduced by the amount of and industrial construction. The Act gain oot recognized on the sale of retains the 200% declining balance the frrst project. and sum of the year's digit methods The maximum sales price per- of accelerated depreciation for new mitted under these housing pro- rental housing. Current recapture grams is the amount invested in rules are retained for .limited rc- the property plus an amount nec- turn housing projects which are essary to retire the outstanding subject to a mortgage insured under mortgage liability and the taxes Section 221 (d) (3) or 236 of the payable as a result of the sale. This Housing Act constructed or ae- last provision, with regard to nOD- quired before January 1, 1975. The recognition of gain, can be a safety termination date is designed to give valve for the developer in the event Congress and the Department of there is a limited private JDJUicet Housing and Urban Development at the time a sale would ordinarily By ARNOLD L. KARP Karp. Nestler &: Co. . 50 be appropriate. It is anticipated that, because of the tremendous need for housing, the tax laws will continue for some time to make provision to attract equity investors to this type of investment. There is built into FHA deals factors which reduce the risk of the equity owner, as well as guidelines under which the developer' will operate. The subsidized and noo- subsidized programs operate under substantial regulation, thus setting up safeguards. Because of FHA's position as an underwriter, it., in ef- fect. becomes a "partner" looking over the investor's shoulder in an effort to minimize risk potential. The principal item which mini- mizes risk to the investor is the fact that front monies and equity must be put up at the time of initial closing on the construction loan, either in cash or irrevocable credit instruments. This, coupled with the fact that there is no hold-back, virtually guarantees monies avail- able for completion. Each con- struction draw could carry insur- ance of advances by FHA. The continual checking as to the status of completion. at each construc- tion draw and inspection protect both the developer aDd the equity investor. FHA administers a variety of programs for low, moderate and middle income housing. The three basic multifamily programs under' the National Housing Act which are most adaptable to the de- veloper/investor relationship are: (1) Section 236, interest subsidy program for low and mod- erate income rental housing. (2) Section 221 (d) (4), market rate rental housing for mod- erate and middle income families. (3) Section 207, rental housing . for middle and uppermiddle income families. The latter two programs are non- subsidized but are insured by FlIA. o 1M. NAnONAL lEAL ESTATI IHVESTOI - . . Agenda Item No. 9A March 28, 2006 Page 21 of 34 Karp, Nestler & Co. FHA. PACKAGING. PROCESSING. FINANCING II 33 FIFTEENTH STREET, N. W. WASHINGTON, D. C. 20005 202/833.1580 Reprinted from ~ ! ~ ""-.l... .. . -""';:~"'~~"""'*'" . / . ~ "w;..... ~ c::.......,.. . i . ~ /fO ....~.:;::.,. ~ . ' 1woI.J..;"I4~~ F" d" .~..~~ In rng your way through FHA to low and moderate-income apartment profits isn't hard if you know what you're doing. Some developers are operating under rules of a game that is no longer being played, but if you understand the potential and how to cope with regulations, you can make it pay ~ - . When Nestler and Karp processed their first FHA project six years ago, people were asking, ''Where's the profit for the developer? Why would anyone in their right mind go FHA, sub- ject themselves to all the red tape and delay to end up with a 6% return on equity?" That was before the true marlret for FHA projects emerged. The mounting backlog of the nation's housing needs led to government pro- grams and favorable tax treatment which en- courages low and middle-income development. Investors and developers are now anxious to enter this field, along with many non-professional groups who want to inftuence housing patterns. This has created a crucial need for expertise to deal with complexities of financial programs and changing effects of the market. The services of the FHA "packager," private specialists who know the intricacies of proc-uail1g and investing in FHA programs, are in acute demand, as the busy Washington offices of Arnold Karp and Irwin Nestler can testify. Since forming the firm of Karp, Nestler & Co. to advise, consult and develop projects under FHA financing pro- grams in 1963, the two partners have packaged some $60 million in FHA multi-family housing. Luring sophisticated investors "Today," says Arnold Karp, "the field is get- ting competitive as more builders, developers, investors and financial institutions become aware of the possibilities. We must carefully coordinate front money, equity funds, design and construc- tion. The financing package must be determined in advance so FHA can proceed with confidence and know that all phases will be professionally handled." Karp, Nestler & Co. organized MHI (Multi- family Housing Investors) Limited Partner- ships as a revolving fund to create multi-family projects insured by FHA. The Partnership ad- vances seed money required during initial stage of development in exchange for the right to parti- cipate in separate limited partnerships which sponsor and own the projects. The firm is also part of UCHC (Urban Com- munity Housing Corporation) which the princi- pals call the ultimate in efficiency because it is a unified development team. Besides Karp and Nestler, the corporation includes an architectural firm and a general contracting organization. By approaching community development with a pre- established working relationship, they eliminate separate planning, design and construction. Karp says that this saves time and money and avoids misunderstandings and errors. UCHC is involved primarily in urban renewal and turnkey development and is currently proces- sing and producing some 2,000 units under FHA programs. . . Agenda Item No. 9A March 28, 2006 Page 22 of 34 'l11e potential of FHA multi-family programs for developers and other corporate enuties, Karp emphasizes, is minimwn risk, a high degree of leverage and the cluJnce to convert equities into earnings. "The Tax Reform Act of 1969 did a lot to help the developer who wants to produce a volume of projects. It assisted him in luring the sophisticated equity investor who looks at a total investment package - leverage, safeguards, realistic projections and real yields - rather than simply purchasing a project for so many times gross income or the rate of return. on cash flow alone. " Creation of a revolving fund Karp says that leverage is the greatest advan- tage FHA projects offer a development group over conventional apartment projects. In effect, a revolving fund is created which mArimi_ lever- age and produces substantial proftts without hind- ering the developer's ability to reinvest original capitalization. Based on past performance, up to 4% of the mortgage amount of a project will be necessary to satisfy front money requirements from land acquisition and initial closing of the construction loan. Ordinarily, development funds will be outstanding for 10 to 12 months, depend- ing on lead time needed for option and prelimi- nary planning. The reimbursable factor which al- lows you a first draw on the construction loan to recapture all development expenses, plus the fact that at various stages the developer obligates him- self only to costs based on interim approvals of FHA, provides checkpoints from. which to launch into the next stage. Decisions at each stage control the amount of outstanding obligation and investment It is ad- vantageous to arrange financing early in the development and plan purchase of pennanent TODAY'S HOUSING EXPERT must be sociologist legal whiz, financial genius and political scientist rolled into one. Rolled into two. FHA Packagers Irwin Nestler (left) and Arnold Karp study model of City Park Village, 444-unit project built under FHA 236. . -) ~ Agenda Item No. 9A March 28, 2006 Page 23 of 34 funds based on a standing market from FNMA. It is then possible to determine at any point whether to re-evaluate the economics, increase the investment or abort the project. With an adequatecledit standing it is possible to reflect working capital requirement, discoWlt and off-site costs by letter of crediL In most cases, all you need, in the form of cash, is a letter of credit or other_liquid assets in an amoWlt equal to 3 to 4% of the replacement value, rather than 8 to 9%, which would be the actual equity require- menL Another advantage of FHA financing is that many items, which are ordinarily variables, can be predicted. Projections of future operations should be made at various stages of development to determine yields and potential profits. U liaison is set up with a potential equity investor during an early stage, you can establish interest in the project and negotiate a formula for purchase price. It is then possible to project a realistic earnings picture and have facts available which will dictate an acceptable builder's fee and financing discoWlt within the framework of the sales price. the deal with the investor is prior to construction when you can offer the write-off deduction of interest, taxes and other fees during the con- struction period. Another factor which will de- termine price is the strength and experience of the development group. Yields combining tax shelter and cash flow for the investor in the 50% tax bracket are being sold on the basis of 17 to 22%, and about 30% to the 70% investor. Karp describes an additional incentive in the Housing Act which can be a safety valve for the developer: Gain on the sale of a federally assisted housing project (236 or 221 (d) (3) will not be recognized if the seller reinvests the proceeds of the sale in a second federally assisted housing project within one year. To qualify for this "roll- over" tax incentive, the first project must be approved by HUD. Safeguards and guidelines Both subsidized and nonsubsidized FHA pro- grams operate under substantial regulation, thus setting up safeguards which Karp says reduce risk of the equity owner and the developer. "Because of FHA's position as an wlCierwriter, it becomes in effect a partner, looking over your sho:ulder to minimize risk potential. It is to their benefit to re-establish a viable project rather than allow it to go into default, 80 FHA has been known Incentives and safety valves The FHA packagers point out that yields created through tax shelter have generated a sub- stantial market for projects built under federally assisted programs, and they expect it to continue as long as national housing priorities are main- tained. Present guidelines for these deals have been running about 12 to 13% of the mortgage amoWlt for a 95% interest. Some projects have been sold for 9 to 10% of the mortgage if the limit- ed partner does not come in early enough to take advantage of construction losses. However, Karp says that the best time to make How to put an FHA package together A limited partnership is generally created with the investor or investors as limited partners who put up an cash required for the project. The development group becomes the general partner and the invested cash satisfies the real equity plus profit. Take-down of the sales price works in a number of ways: 1) One-half the money at initial closing and one- half at final closing; 2) One-third the money at initial closing; one-third when the project is 50% complete; and one- third at final closing; 3) One-third at initial closing; one-third when project is rented to the technical default point of approximately 85-87%; and one-third at final closing. Typical deals are structured on this basis: 1) 95% of profits and losses is allocated to the limited partner and 5% to the general partner. . 2) General partner manages the property and is paid the rental management fee. 3) Cash flow is allocated 95% to the limited part- ner and 5% to the general partner/developer. 4) Residual value is shared on a 50% basis after the investor gets his money back, either through cash distribution, sale or refinancing. , .;.C CITY LINE TOWERS is a 284.unit project recently completed under FHA 221 (d) (3) financing. Karp and Nestler brought in an outside investment group and packaged the Prince George's County, Md. project with a unified development team they have created. Agenda Item No. 9A March 28, 2006 Page 24 of 34 the original investor. Major advantage to the developer is that he has a built-in purchaser and is still able to charge a fee for services, although somewhat less than the profit figure would be." "These service fees, plus retention of the por- tion of beneficial interest of the project itself makes this deal attractive. We have used this concept for the past two years, and it is the basic technique adopted by the National Corporation for Housing Partnerships." The most advanoed and valuable tecbiUque that Karp and Nestler have developed is to structure a corporate revolving fund which provides front money required dwing the development stage to advance the project to the point where con- struction could begin. when it can be sold to an investment group. In some cases, this fund can participate in projects already in the develop- ment stage, or contribute capital to another sponsor to provide assistance where the developer is not able to carry the project forward. Karp points out that it is possible to accurately plan the profit potential because you can realis- tically project cash requirements at various stages. "In an industry where credit is so im- portant and time such a vital factor, we believe we have created the best of all possible combina- tions. Any group with this funding capability that produces viable projects consistent with that capability will find itself the marketplace of the future for tax shelter investments." 0 .fINDING YOUR WAY THROUGH FHA to permit rent increases, grant moratoriums OIl principal payments and offer assistance in rental management where unforeseen circumstances require a "work-out solution." Volume production planning To develop successful FHA multi-family proj- ects, Karp and Nestler use two techniques for structuring the revolving fund to produoe housing on a volume basis. The fust method is a limited partnership of individual investors in high income brackets looking for tax shelter on a continuing basis. By taking some risk during the development stage, these investors can potentially rnA.nrni7.e their leverage in the final deal. By taking the profit item out of the total cost of the project, what would ordinarily be cash profit to the limited partnership, is converted into a greater yield "We have found success with this vehicle, but it has its limitations," he says. "Because of the risk factor and the passive position of the in- vestor, many are unwilling to put up substantial amounts in seed money, but prefer to review . each individual project on a deal-by-deal basis. "We have overcome this by linin" up other investors who can assume the equity position of . Page 1 of2 Agenda Item No. 9A March 28, 2006 Page 25 of 34 ilson_s .m: advisoryboards@coIMergov.net Sent: Monday, January 09, 2006 12:39 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 t . ,,~I I.." , .,...~ " '1 " .... - y.' . . ~ ," . . .~ "'. '-4' ~ ..... January 09, 2006 Application for Advisory Committees I Boards Name: Larry H Fleming Home Phone: 239-434-2120 Home Address: 563 Park Shore Drive .. City: Naples Zip Code: 34103 Fax Number: 239-659-6429 Business Phone: 239-659-6464 Email Address:NaplesReaIEst@aol.com Place of Employment: L H Fleming & Company, Real Estate How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Affordable Housing Commission Category: (if applicable) No information provided. -) Do you currently hold public office? No 1/9/2006 Page 2 of2 Agenda Item No. 9A March 28, 2006 Page 26 of 34 . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Board Member of ICAN (Island Coast AIDS Network) Vice Chairman of the Naples Area Board Of Realtor's Complaint Review Committee Education: Ohio University - 1967-70 Experience' Background: 35 plus years experience as a Real Estate Broker (Florida, Ohio & Texas) Senior Vice President - Cayman National Bank (Cayman Islands) Vice President - CenTrust Saving Bank (Miani, Florida) . . 1/9/2006 Page lof2 Agenda Item No. 9A March 28, 2006 Page 27 of 34 -'Ison_s .am: advisoryboards@colliergov .net Sent: Tuesday, January 03,2006 1 :32 PM To: filson_s Subject: New On-6ne Advisory Board Application Submitted. ~~K~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 f(~t~l '1,,1 .A ,,"'; . ... .-1 .. . :. , .. . ., ~... "".4' ~ r' January 03,2006 Application for Advisory Committees I Boards Name: Laureen Mary Owens Home Phone: 239-775-6067 Home Address: 2308 Elizabeth Ct ) City: Naples Zip Code: 34112 Fax Number: 239-774-8221 Business Phone: 239-530-5316 Email Address:LaurieLLL@aol.com Place of Employment: State of Florida - WIC office How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Affordable Housing Category: (if applicable) Citizen At-Large 1 Do you currently hold public office? No 1/3/2006 Page 2 of2 Agenda Item No. 9A March 28, 2006 Page 28 of 34 -- Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Group Leader for non-proflt organization for women - La Leche League of Naples - 25 years Member - Naples Alliance for Children - 15 years Education: University of Cincinnati - no degree Seton High School- degree Experience I Background: No information provided. . e 1/3/2006 Page 1 of2 Agenda Item No. 9A March 28, 2006 Page 29 of 34 ilson_s em: advisoryboards@col6ergov.net Sent: Tuesday. January 03, 2006 10:44 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~~~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 <<A.-t~1 .~.I .-,,,,- ~.:; - ~ .. ~. . 'OJ. .~ '. . ',j.' .I, ~ / January 03, 2006 Application for Advisory Committees I Boards Name: Kenneth Kelly Home Phone: 239-354-2021 Home Address: 4260 16th ST NE ~ City: Naples Zip Code: 34120 Fax Number: 239-354-0324 Business Phone: 239-435-0014 Emall Address:ken@kellyroofing.com Place of Employment: Kelly Roofing How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: iAtrordable Housing Commission, Collier County Code Enforcement Board -, Category: (if applicable) No information provided. 1/3/2006 Page 2 of2 Agenda Item No. 9A March 28, 2006 Page 30 of 34 Do you currently hold public office? No - Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Florida Roofing, Sheetmetal, and Air Conditioning Contractor's Assocation, Naples Area Chamber of Commerce, St. Pactrick's Day Parade, 4th of July Parade, Swamp Buggy Parade Education: Barron Collier High School Edison Community College: Business Experience I Background: As a Collier County native, I have seen our town grow. I have been fortunate to grow with my surroundings and am looking for an oppurtunity to give back. . . 1/3/2006 Page 1 of 4 Agenda Item No. 9A March 28, 2006 Page 31 of 34 llson_s From: advisoryboards@colliergov.net Sent: Friday. January 20. 2006 11 :20 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 .~~I'I --~~ ~" , /,.~., , '1 ~ , Cd) January 20,2006 Application for Advisory Committees I Boards Name: Randolph B. Cash Home Phone: 239-262-8569 Home Address: 3670 1 st Ave NW City: Naples Zip Code: 34120 Fax Number: No information provided. Business Phone: 239-348-3613 Emall Address:imarow@aol.com Place of Employment: Flamingo Air Management Inc. How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? ~ '( e5 ~s 1 S;J q Board I Committee Applied for: Affordable Housing Category: (if applicable) No information provided. Do you currently hold public office? No 1120/2006 Page 2 of 4 Agenda Item No. 9A March 28,2006 Page 32 of 34 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: Vice President, University of Miami Central Florida Alumni Association Chairman, Community Service Projects, "Canes Care," University of Miami Alumni Association of Southwest Florida Board Member, Winter Park High School Foundation Member, Veterans of Foreign Wars Education: UNIVERSITY OF MIAMI Coral Gables, Florida Bachelor of Arts, Politics and Public Affairs, minor in Business Administration MILITARY EDUCATION: U.S. Army Command and General Staff College U.S. Army Combined Arms Staff School U.S. Army Aviation OffICer Advance Course U.S. Army Air Traffic Control Officer Course U.S. Army Initial Entry Rotary WIOQ Flight Training U.S. Army Signal Officer Basic Course Experience/Background: EXPERIENCE: April 2004 to Present: President and CEO of Flamingo Air Management Incorporated. F AM provides airfield management and Air Traffic Control services for both civilian and military airfields. April 2002 to April 2004: Senior Manager, Future Combat Systems, Army Business Unit, Computer Sciences Corporation. Managed a $24 million government contract to develop and deliver training support packages for the U.S. Army Mure force design. July 1999 to April 2002: Senior Analyst, Air and Missile Defense Business Unit, Computer Sciences Corporation. Provides comprehensive technical support for the National Missile Defense TRADOC System Manager Office. Duties include interfacing with the National Missile Defense Joint Program Office, Ballistic Missile Defense Organization, U.S. Space Command, Army Space Command, and Air Force Space Command for all National Missile Defense development/deployment issues. Attend and participate in NMD Integrated Concept Teams and Working Groups, providing meeting agendas, meeting summaries and minutes to the NMD TSM. Develops, prepares, manages, and tracks the $17 million dollar NMD User Community operating budget. July 1998 to July 1999: Branch Chief, Organization and Force Development, Directorate of Combat Developments, U.S. Army Aviation Center, Fort Rucker, Alabama. Responsible for the forecasting of Mure aviation force structure requirements. Develops the 1/20/2006 Page 3 of 4 Agenda Item No. 9A March 28, 2006 Page 33 of 34 organization, personnel, and equipment structure to meet those requirements. Develops, prepares, and presents aviation branch organizational issues to the Department of the Army. Supervises 4 civilian employees and two Noncommissioned Officers. June 1997 to July 1998: Executive Officer, 12th Aviation Battalion, Davison Anny Airfield, Fort Belvoir, Virginia. Responsible for managing the personnel administration, infonnation management systems, supply operations, an $8 million operations budget, and air/ground maintenance for a aviation battalion consisting of 32 aircraft, 40 vehicles, and 220 soldiers. Managed an Army airfield consisting of a physical plant of 7 buitdings and aircraft hangers, 400 acres of runway and associated grounds, and FAA certified air traffic control facility and an airfield services branch of 25 employees. Flew as a pilot in a VH-60 helicopter supporting the Department of Defense, Congress, and the Executive Branch in the national capital region. September 1995 to June 1997: Congressional Affairs Officer, U.S. Anny Space and Strategic Defense Command, Arlington, Virginia. Duties included marketing command programs to Congress; planning; coordinating, and executing congressional delegation visits to command sites both in the United States and abroad; development of annual congressional program marketing strategies. Received, coordinated, and prepared responses to congressional inquires. Drafted inserts for the congressional record. Tracked bills important to the command as they passed through the legislative process. Attended congressional hearings and provided summaries to the command. Established and maintained contacts with congressional and standing committee staff members and assistants to keep them appraised of command positions. Drafted statements and assisted in preparing the Commanding General for congressional testimony. Secretary to the General Staff, responsible for the operations and support of the headquarters command group. Theater Missile Defense/National Missile Defense staff officer. Responsible for the development and acquisition of missile early warning and passive defense systems. August 1993 to September 1995: Chief, Aviation Resident Training Detachment, New Orleans, Louisiana. Commanded a 15-man detachment responsible for identifying training deficiencies and developing training action plans to correct those training deficiencies in support of the National Guard. Flew tactical missions with an assault helicopter battalion as a trainer/observer. December 1991 to August 1993: Commander, C Company, 7th Battalion, 158th Aviation Regiment, Geibelstadt, Gennany. Commanded an assault helicopter 1/20/2006 Page 4 of 4 Agenda Item No. 9A March 28, 2006 Page 34 of 34 company consisting of 133 soldiers, 49 tactical vehicles, and 15 UH-60 helicopters. Trained and deployed the company in support of combat operations in Somalia, and support of the State Department in Beirut, Lebanon. January 1990 to December 1991: Assistant Deputy Chief of Staff for Operations (Air), 3d Infantry Division, Wurzburg, Germany. Responsible for all tactical airspace command and control within the division. Monitored and assisted in aviation force modernization issues. During Operation Provide Comfort in Northern Iraq, acted as the J3 Air for Joint Task Force Bravo. Planned and coordinated helicopter support from 8 countries in the theater of operations. Flew relief missions in the mountains of Northern Iraq. Assistant Deputy Chief of Staff for Training, developed and executed collective training events for a 19,000 man infantry division. Researched, developed, and edited training manuals for the division. January 1986 to January 1990: Airfield Operations Officer, Lawson Army Airfield, Fort Benning, Georgia. Managed an Army airfield consisting of the refueling, parking, mooring, security, and billing of both commercial and military aircraft using the airfield. Managed a physical plant consisting of 22 buildings and aircraft hangars, 1100 acres of runway and associated grounds, an air traffic control facility, and a airfield services branch of 45 employees. Rotary wing branch chief for a flight operation consisting of 18 helicopters and 22 pilots. Responsible for scheduling aircrews, coordinating missions, conducting training, managing unit flying hour program, and flew as a pilot-in-command in both UH-1H and UH-60 aircraft. Missions included: MEDEVAC, rappel, slingloads, paradrop, helocasting, search and rescue, and air assault missions in support of the infantry school and ranger battalion. July 1984 to July 1985: Platoon Leader, 191 st Air Traffic Control Company, Camp Red Cloud, Korea. Supervised the training and operations of a tactical air traffic control platoon. Supervised the construction of an air traffIC control facility at a forward operating base 15 miles for the DMZ. January 1981 to August 1983: Battalion Adjutant, 2nd Battalion, 2nd Signal Brigade, Fort Gordan, Georgia. Responsible for all personnel and finance actions for an 800 soldier signal battalion. 1/20/2006 Agenda Item No. 9B 2006 20 OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 4,2007, to the County Government Productivity Committee. CONSIDERA TIONS: The County Government Productivity Committee has I vacancy with the term expiring on February 4,2007. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Mr. Matthew Hudson resigned on January 27, 2006. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert C. Bennett Executive Leadership; Utilities Mgmt. 3 Yes Utility Authority James Warnken Executive Leadership; Accounting; 3 Yes None Leadership Noah Standridge Environmental Policy; Land Mgmt; 3 Yes None Planning COMMITTEE RECOMMENDATION: No Recommendation - see memorandum attached. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 28, 2006 .- Item Number. Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9B Agenda Item No. 98 March 28, 2006 Page 2 of 20 Appointment of member to the County Government Productivity Committee. 3/28/2006 9:00:00 AM Sue Filson Date Prepared By Board of County Commissioners Executlye Manager to the Bee Bee Office 3/8120068:52:25 AM Approved By Leo E. Ochs, Jr. Board of County Commissionors Deputy County Manager County Manager's Office Oat. 3f16f2006 4;37 PM Agenda Item No. 98 March 28, 2006 Page 3 of 20 MEMORANDUM TO: Sue Filson, Executive Manager, Board of County Commissioners FROM: Michael J. Sheffield, Productivity Committee Staff Liaison DATE: March 16, 2006 SUBJECT: Current Vacancy on the Productivity Committee As you are aware, the Productivity Committee currently has one vacancy as the result of the resignation of member Matthew Hudson. At their March 15, 2006 meeting, the Productivity Committee discussed the three applications that were received for the single vacancy. As directed by the Board of County Commissioners on October 11, 2005, the Productivity Committee did not select their top choice for membership; rather the Productivity Committee submits (below) all three names to the Board of County Commissioners in an alphabetical, unranked manner. The applicant who is chosen by the Board of County Commissioners will serve the remainder of Mr. Hudson's term (ten months), and will be eligible for reappointment in February 2007. Name District Place of Em 10 meot Ex rieoce Robert C. Bennett District 3 Bennett Search & Executive leadership, Utilities, Consultin Co., Inc. M ement Noah Standridge District 3 WilsonMiller, IDc Environmental policy, Land M ement, Plannin James Warnken District 3 NCH Hea1thcare System, Executive leadership, Inc. Accountin , Hea1thcare Curreot Number oCMembers per Commissiou District, as oCMarch 16,2006: District Comlllilsi_r N..ber PC Members Number I Fiala I 2 Halas 2 3 Henning 3 4 Covle 4 5 Coletta 0 Agenda Item No. 98 March 28, 2006 Page 4 of 20 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Lawrence M. Baytos 06/28/05 02/04/07 2 Years 252 Cheshire Way 592-1398 Naples, FL 34110 E-Mail: audubull@comcast.net District: 2 Category: Human Resources; Mgmt Strat; Productivity; Retired Commissioner Jim Coletta 774-8097 01110/06 01109107 1 Year 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: 5 Category: Vice-Chairman Mr. John F. Barlow, Jr. 04/12/05 02/04/07 2 Years -~ 4351 Gulf Shore Blvd., N. #19N 649-6380 Naples, FL 34103 E-Mail: johnbarlow@lerivage.net District: 4 Category: BS Business Administration Mr. Robert Dictor 01110/06 02/04/08 2 Years 141 Gulfport Ct. 389-2638 Naples, FL 34145 E-Mail: rdictor@prodigy.net District: 1 Category: General Manage~ent d Mr. Matthew Hudson ('-R5f~~ 403-7777 04/13/04 02/04/05 1 Year 321 13th Street, S.W. ,,1- 354-2769 02/08/05 02/04/07 2 Years Naples, FL 34117 E-Mail: mhudson@vipreahy.com District: 5 Category: Realtor -'- r.'::";":::;~.'7.7c'l'Z:":~~;:__:=":.:T.:.~:~:~Z~::,,~;:,.-:~~~'~""::~~~~""'::::i~.:~~t:'~~::==~ Wednesday, Jtl1luaTJ' 11, 2006 Page 1 of 4 Agenda Item No. 9B March 28, 2006 Page 5 of 20 ( County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Janet Vasey 01/12/99 4398 Longshore Way North 598-4378 01/10/06 Naples, FL 34119 E-Mail: District: 3 Category: Budget & Financial Anaysis; Operations Research Mr. Glen D. Harrell 262-7100 01/10/06 3042 Driftwood Way, #4806 596-8521 Naples, FL 34108 E-Mail: glen.harreU@generalgrowth.com District: 2 Category: General Management ( Mr. Sydney E. Blum 594-7880 10/14/03 237 Burning Tree Drive 261-1855 02/08/05 Naples, FL 34105 E-Mail: eescool@earthlink.net District: 4 Category: Job costing; Mgmt Styles, Efficiency Training Dr. James Alward Van Fleet 184 Spring Lake Circle Naples, FL 34119 E-Mail: javanfleet@msn.com District: 3 Category: Ph.D. Economics 04/12/05 348-8162 Mr. Stephen A. Harrison 821-5180 01/27/04 4255 Gulf Shore Blvd, N. #1506 821-5180 01/10/06 Naples, FL 34103 E-Mail: s-harrison@comcast.net District: 4 Category: EconomicslFinancelMarketing/CP A 02/04/00 02/04/08 1 Year 2 Years 02/04/08 2 Years 02/04/05 02/04/07 1.5 Years 2 Years 02/04/07 2 Years 02/04/06 02/04/08 2 Years 2 Years Wednesd~;~-Ja;,~:;;ll: 2ooto="':::=--=-=""=~=':::::--=p:;-ror:r.~~=-~-"'':-:c,.,..:._! Agenda Item No. 9B March 28,2006 Page 6 of 20 '. County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt lndExpDate 2nd Term Ms. Colleen M. Kvetko 272-3483 01110/06 02/04/08 6623 Glen Arbor Way 353-0129 Naples, FL 34119 E-Mail: gogirlnaples@aoLcom District: 3 Category: Operations ResearcblGovernment/Human Resources 2 Years Mr. Bradley A. Boaz 403-6712 01110/06 2185 Outrigger Lane 659-7006 Naples, FL 34104 E-Mail: dxdotcom@earthlink.net District: 4 Category: Government/Human Resources 02/04/08 2 Years ....../ . L t"G,-~-_~:--=:,;::~:;_;:-:'~_~.::;r=-2!!:..:;':~,~~~7:.::::~tr:=-...:;~'-:-~"'"r"=r*7,'i~~::"'T';:::~..:-"<'::"7"':::,~.~:-::.'~;.=-~~':::~-=.I'~ Wednesday, January 11, 2006 Page 3 of 4 Agenda Item No. 9B March 28, 2006 Page 7 of 20 (~ . County Government Productivity Committee Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 2nd Term This 11 member committee was created on 01120/91 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. They may also assist in the implementation of those recommendations. Tenns are 2 years. co FL STAT Staff: Mike Sheffield, Assistant to County Manager: 774-8383 c ~::',~-~~.-:-:7"-'--~::'!_-:::;-;::~=:'-_~~.~~~:=::;::"'"7r-~'::'~---"'':'--::~~:7:::7;''-:~~':7~-:"~~'_':;'~w7":':=:::'.;-.::':::~~.-~o:-:::n;;:.~-':::~~-_...-;...:. ....;J Wednesday, January 11, 2006 Page 4 of 4 Agenda Item No. 9B March 28, 2006 Page 8 of 20 MEMORANDUM DATE: February 17, 2006 FROM: Elections Office ;j . Sue Filson, Executive Manager Board of County Commission . TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COUNTY GOVT PRODUCTIVITY COMM COMMISSION DISTRICT Noah Standridge 1670 Oakes Boulevard Naples, FL 34119 3 3 3 Robert C. Bennett 285-1 West Naomi Drive Naples, FL 34104 James Warnken 208 Silverado Drive Naples, FL 34119 Thank you for your help. F- t'-' .',-. r::: I". ; ~ ~ r" .~- 1 ,~_. t, ,~! t- .1 '" t ., ._.. I " ,,"," L ... ...,., ,. . FE~~; 'J ~..I ::"IDD6 Boar (j G~ C:~:-~ 1I~:d;-"~..;:'iHi1f~:J::.;a~~f~ MEMORANDUM Agenda Item No. 9B March 28, 2006 Page 9 of 20 DATE: February 17,2006 FROM: Mike Sheffield, Assistant to th~ety Manager Sue Filson, Executive Manager ' Board of County Commissioner · TO: RE: County Government Productivity Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Robert C. Bennett 285-1 West Naomi Drive Naples, FL 34104 James Warnken 208 Silverado Drive Naples, FL 34119 Noah Standridge 1670 Oakes Boulevard Naples, FL 34119 Please let me know, in writing, the reconunendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the appHcants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of2 Agenda Item No. 98 March 28, 2006 Page 10 of 20 -'''Ilson_s .am: advisoryboards@colfiergov .net Sent: Wednesday, February 01, 2006 11 :18 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 .Lt~I\.,. ", .,AA, , '1 . . ~ ", .' . , ~f" i / February 01, 2006 Application for Advisory Committees I Boards Name: ROBERT C. BENNETT Home Phone: 239-352-0219 Home Address: 285-1 \/VEST NAOMI DRIVE .) City: NAPLES, FL Zip Code: 34104 Fax Number: 239-353-7719 Business Phone: 239-290-2331 Email Address:robertbennett3@comcast.net Place of Employment: BENNETT SEARCH & CONSULTING COMPANY, INC. How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: PRODUCTIVITY COMMITTEE Category: (if applicable) CITIZEN ~ Do you currently hold public office? No 2/1/2006 Page 2 of2 Agenda Item No. 98 March 28, 2006 Page 11 of 20 . Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: CURRENTLY WATER AND WASTE WATER AUTHORITY, VICE CHAIR AND FORMER CHAIR PAST- BLACKAFFAIRS ADVISORY COMMITTEE VICE CHAIR Please list your community activities: BOARD OF DIRECTORS GREATER NAPLES CHAMBER OF COMMERCE BOARD DOV\IN TOVVN KIWANIS CLUB BOARD COLLIER ATHLETIC CLUB LEADERSHIP BOARDS-CHAMBER PAST BOARDS- CANCER, JUVENILE DIABETES, NAPLES BATH & TENNIS CLUB, FLORIDA TENNIS ASSOCIATION, YMCANICE PRESIDENT SUNSET ROTARY, PAUL HARRIS FELLOW e Education: YALE UNIVERSITY AMERICAN MANAGEMENT ASSOCIATION MANAGEMENT COURSE, INDUSTRIAL COLLEGE OF THE ARMED FORCES Experience I Background: EXECUTIVE VP AND DIRECTOR NATIONAL ELECTRIC PRODUCTS CORP, PRESIDENT, CEO, WHEATLAND ELECTRIC PRODUCTS CORP. PRESIDENT WIRE & CABLE ASSOCIATION OF THE UNITED STATES, SENIOR VP BELL INTERCONTINENTAL CORPORATION AND VVHEELABRATOR FRYE. AND SUBSIDIARIES, PRESIDENT-CEO BENNETT-HILL & ASOCIATES, INC. AND CEO BENNETT SEARCH & CONSULTING COMPANY, INC. . 2/1/2006 Page 1 of2 Agenda Item No. 9B March 28, 2006 Page 12 of 20 ~Ison_s *m: advisoryboards@colliergov.net Sent: Tuesday, January 31, 2006 2:21 PM To: filson_s Subject: New On-lne Advisory Board Application Submitted. ~~"~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 .__t~l ~.I : ' ...~ ". .,.' . . :. f("l / January 31, 2006 Application for Advisory Committees J Boards Name: James Warnken Home Phone: 239-353-1035 Home Address: 208 Silverado Drive ~ City: Naples Zip Code: 34119 Fax Number: 239-436-5914 Business Phone: 239-436-5100 Email Address: jim.warnken@nchmd.org Place of Employment: NCH Healthcare System, Inc. How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yas Board I Committee Applied for: County Government Productivity Committee Category: (if applicable) No information provided. ~ Do you currently hold public office? No 1/3 1/2006 Page 2 of2 Agenda Item No. 9B March 28, 2006 Page 13 of 20 e Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: Collier County Fiscal Task Force Yes Please list your community activities: Leadership Collier leadership Lee Collier County EDC- Executive CommitteeNice President Education: B. S. in Business, Major in Accounting Lehigh University Bethlehem, Pa. . Experience I Background: CPA; 1978-1981- Deloitte, Haskins, and Sells CPA's Phila, Pa. 1981-1984- Coopers and Lybrand CPA's Orlando, FI. Healthcare Administration; 1984-1987- Asst Controller- Naples Community Hospital, Inc. Naples, FI. 1987-1992- Chief Financial Officer- Brandywine Hosptal and Trauma Center Coatesville, Pa. 1992-1995- Vice President, Finance- Naples Community Hospital, Inc. Naples, FI. 1995-2000- Chief Executive Officer- OSI laboratories, Ft. Myers, FI. 2000-present- Chief Financial Officer- NCH Healthcare System, Inc. Naples, FI. e 1/3 1/2006 .. Agenda Item No. 98 March 28, 2006 Page 14 of 20 Ms.Sue Filson Collier County ~~ ~12-M;rJ ..-:1. o...O\e. 1- J January 27,2006 Re. Productivity Committee Dear Sue I am writing this letter to you for you to share with the members of the productivity committee, I have experienced two deaths in my family in the last 8 weeks that have caused me to miss two meetings in a row on top of one that I was unable to attend. I understand the need for active participation in any group and certainly had every intention of attending the meetings. I certainly apologize to the group for any disruption of their efforts and expected outcomes. in their desired work products. I know you and the group are aware that I am an elected official and since it is against county ordinance for me to sit.on an advisory board while I am a candidate for office or re~lecti.on I feel that I must offer my resignation. This is an election year and I am up for re-election and plan on filing my paperwork with the Supervisor of Elections next week. I have had. tlie pleasure of serving on a number of advisory boards for Collier County and have considered each opportunity very rewarding. I certainly have enjoyed the opportunity to serve and will seek a new appointment to an advisory board once I am re- elected in the fall. I wish.the memb~ of the committee good luck and good. fortune. ~ Matt Hudson Golden Gate Fire'Commissioner mhudson@ggfire.com lO'd lS:SL 900l Ll uer BLLL801l68l:xe.:l Page 1 of2 Agenda Item No. 9B March 28, 2006 Page 15 of 20 filson_s From: advisoryboardS@colliergov.net Sent: Friday, February 17. 2006 12:32 PM To: filson_s Subject: New On-line Advisory Board Application Subrritted. ~~K~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 f(Lt~: '\..' ", :....... ~ .:J . . -'. . :i" .:.. . '.:. -4' ~ ./ February 17, 2006 Application for Advisory Committees I Boards Name: Noah Standridge Home Phone: 239-777-7145 Home Address: 1670 Oakes Blvd City: Naples Zip Code: 34119 Fax Number: No information provided. Business Phone: 239-649-4040 Email Address:noahstandridge@wilsonmiller.com Place of Employment: WilsonMiller, Inc., 3200 Bailey Lane, Suite 200, Naples, FI 34105 How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: County Government Productivity Committee Category: (if applicable) Environmental Manager 2/17/2006 Page 2 of2 Agenda Item No. 98 March 28, 2006 Page 16 of 20 Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: Oakes Estates Advisory January 2006 Director Florida Association of Environmental Professionals January 2006 Associate Member Naples Ultimate Frisbee August 2005 Member Education: University of Florida M.S. Environmental Management and Policy August 2003 B.A. Elementary Education December 1998 Experience I Background: Wilson Miller, Inc. December 2005 Project Ecologist Naples, FL Florida Department of Environmental Protection December 2004- Aquatic Preserve Manger April 2005 Jacksonville, FL Florida Department of Environmental Protection December 2003- Environmental Specialist III December 2004 Ft. Myers, FL University of Florida January 2000 School of Forest Resources May 2003 Research Assistant! Project Manager Gainesville, FL My professional experience and interest centers around environmental policy and management activities on public lands, defining goals and measurable outcomes. However, my desire is to see efficient and effective strategies be practically employed in all facets of government organization that influences the quality of citizens' lives. The majority of projects I have contributed have been public have been in the public sector including: groundwater protection, land acquisition, water quality monitoring, strategic planning on public land management, National Scenic Byways, recreation management, and field biology. Throughout my career as a student and professional, I have been actively involved in community activities including: leading an outdoor program at University of Florida, representing graduate student housing, neighborhood association, and presenting research at state and national forums. 2/17/2006 Agenda Item No. 98 March 28, 2006 Page 17 of 20 J 670 Oakes Blvd Naples, FL 34119 NOAH MICHAEL STANDRIDGE NoahStandridfeic!1 WilsollMiller. com 239.777.7145 PROFFSSIONAL EXPERIENCE WILSONMILLER, INC. ENVIRONMENTAL AND W A 1ER RESOURCES NAPLES, FLORIDA 2005-2006 Responsible for identifying land entitlement needs for the Town of Ave Maria and several other projects throughout Collier County. Advised clients on how to proceed with permit application to local, state, and federal governments, and suggested designs modifications to decrease environmental impacts and increase effective negotiations with government entities. Gained a fundamental knowledge of the private sector that included an understanding of the land development and entitlement process and the need for effective communication between private and government entities. AQUATIC PRESERVE MANAGER 2004-2005 NE FL AQUATIC PRESERVES FLORIDA DEPARlMENT OF ENVIRONMENTAL PROTECTION COASTAL AND AQUA TIC MANAGED AREAs JACKSO~,FLORIDA Responsible for the daily operations and policy decisions at the 66,000 acre preserve. Direct supervision of bio logist and staff assistant in assigning duties and tracking their performance. Tracked budget items and implemented decisions based on projected needs and resources. Coordinated research, monitoring, and planning activities with Florida State Parks, National Park Service, local. regional and national management agencies and governing authorities. Applied policy based on state and federal legislation for development activities throughout NE FL Aquatic Preserves and two regional preserves. Developed strategic planning materials for a 10 year management plan of preserve, and served on technical advisory boards for state aquatic preserve program. ENVIRONMENTAL SPECIALIST ill 2003- 2004 GROUND W A"fER REGULA TORY SECTION SOURCE W A"fER AsSESSMENT AND PROTECTION PROGRAM FLORIDA DEPARlMENT OF ENVIRONMENTAL PROTECTION Sourn DISlRICT, FT. MYERS, FLORIDA Responsible for identifying potential sources of groundwater contamination using a global positioning system and a custom internet and field based geographic information system (GIS) for risk analysis to public drink water well fields. Coordinated site visits for over 9,000 facilities in seven South Florida counties. Position ~Io self-directed, requiring the ability to organize data collection priorities and determine the most efficient method to accomplish program goals. Developed guidance procedures and training manuals for data collection and worked with a management team to refine program goals. Presented materials and methods used at national forums to promote Florida SWAP . _-GS- CMCl Agenda Item No. 9B March 28, 2006 Page 18 of 20 program. PROJECI" MANAGE...! RF.8EA.R.CB AssIsTANT 2000 - 2003 BIG BEND SCENIC BYWAY CoRRIDOR ADVOCACY GROUP Sruny SWOY OF EcONOMIC IMPACTS ASSOCJAlED WIlH TOURISM SCHOOL OF FOREST RESOURCES AND CONSERV AnON UNIVERSllY OF FLoRIDA Directed and managed two year project identifying strategies for environmental and community planning in five rural communities. Developed data gathering techniques and instruments, sampling framework., and analyzed data. Responsible for working with the Florida Department of Transportation, United States Forest Service, and local government authorities to develop study framework. Published comprehensive document of two-year study, including IMnagement and policy implications and future research options in reJation to current guidelines. Led and assisted research projects focusing on recreation and environmental impacts in inter-coastal and inland conservation areas. Collaborated with resource professionals, facuhy, and university staff on research and policy designs. Edited, reviewed, and presented professional and academic publications and reports. EDUCATION UNIVERSIlY OF FLoRIDA 2003 MASTER OF SCIENCE FOREST REsOURCES AND CONSERVATION THESIS TOPIC: ENVIRONMENTAL DECISION-MAKING IN RURAL COMMUNITIES GPA: 3.8 UNIVERSIlY OF FLoRIDA 1998 B.A. ELEMENTARY EDUCATION PuBUCATIONS AND PRESENTATIONS STANDRIOOE, N, AND SlElN. T. 2003. BIG BEND SCENIC BYWAY: CORRlDORADVOCACY GROUP STUDY. SUBMITIED TO FLORIDA DEPARlMENT OF TRANSPORTA nON. B~ M. AND STANDR.llXiE, N. 2002 ROPES ASA MECHANISM FOR CANOPY ACCESS. IN MITCHELL, A W., SECOY, K. AND JACKSON, T. (EDS) THE GLOBAL CANOPY HANDBOOK: TECHNIQUES OF ACCESS AND S1VDY IN THE FOREST ROOF. GWBAL CANOPY PROGRAM, OXFORD. USING THE POWER OF GIS ToLOCATEPOTEN11AL SOURCES OF GROUNDWATER 2004 CONTAMINATION GROUND W A 1ER PR.OlECTION COUNCn... ANNuAL FORUM CHARLESTON,SC . vor... C>>Q Agenda Item No. 9B March 28, 2006 Page 19 of 20 ExAMINING THE NORMATIVE ASPEC1S OF PUBliC PARTICIPATION IN COMMUNITY PLANNING AND ENVIRONMENTAL DECISION MAKING GRADUAlE SlUDENT PROFESSIONAL FORUM UNIVERSIlY OF FLoRIDA 2003 WEIGHING THE PRINCIPLES OF PUBliC PARTICIPATION: SoclO-DEMOGRAPHICS AND iNTEREsT GROUP AFFILIATION INlERNA nONAL SYMPOSIUM ON SOCIE1Y AND NA 1URAL RESOURCES BLOOMING1ON, IN 2002 ROOKERY BAY VISITOR AND REsIDENT STUDY SOUTIffiAST REcREA nONAL RESEARCH CONFERENCE ASHEVILLE, NC 2002 GRADUA 1E AND PROFESSIONAL SlUDENT FORUM FACILITA10R UNIVERSTIY OF FLoRIDA 2002 TEACHING ExPERIENCE GRADUA"ffi TEACHING AsSISTANT 2001 EC010URlSM AND SUSTAINABn.IlY UNIVERSIlY OF FLoRIDA Assisted in teaching, planning, and classroom discussion in upper-level undergraduate COW'Se. Responsible for comse web page, student mentoring, curriculum design, and project grading. CERTIFICATIONS INlRODUCTION 10 ARcGIS 9, ESRI TALLAHASSEE 2005 TRIMBLE GPS MAPPING FOR GIS, CERTIFICATION FOR PlANNERs UNlVER.SIlY OF FLoRIDA 2002 SOFIW ARE PROFICIENT IN TIlE USE OF MICROSOFT OFFICE, ARcGIS 9, STATISTICAL PACKAGE FOR SOCIAL SCIENCES, CUS10M GIS APPUCA nONS - \IeI:.05- .-a Agenda Item No. 9B March 28, 2006 Page 20 of 20 LEADERSHIP AND VOLUNTEER. ExPERIENCE UNIVERSl1Y OF FLoRIDA 2001- 2003 PRESIDENT - GATOR OUlDOOR CLUB S11JDENT-LED CLIMBING, BACKPACKING, AND CAVING CLUB Developed outdoor leadership program designed to give students, :filculty and staff opportunities for beginning to advanced levels of caving, climbing, and backpacking. Responsible for annual budget and re-allocation as well as the management and supervision of 15 trip coordinators, 4 executive officers, and 60 members. Served as representative to student government, and the department of recreation. Gave interviews and wrote articles for local media exposure. Mayor of Graduate Housing 2000 DIAMOND VILLAGE UNIVERSIlY OF FLoRIDA Served as representative of 300 fimrllies and graduate students to the Family and Graduate Housing Council. Coordinated community meetings designed to collect and address resident concerns. Influenced policy and management designs at monthly council meetings. REFERENCES Linda Clemens SWAPP Project Manager Groundwater Regulatory Section Florida Department of Environmental Protection 2600 Blair Stone Rd. Tallahassee, FI 32399-2400 (850) 245-8647 Linda. Clemens1cl:dep . state . fl. us Dr. Janaki Alavalapati 365 Newins-Ziegler Hall P.O. Box 110410 University of Florida Gainesville, FI 32611-0410 (352) 846-0899 ianakiiaiufl. edu Chery I Walters Project Coordinator Waste Section Florida Department of Environmental Protection 2600 Blair Stone Rd Tallahassee, FI 32399-2400 (850) 245-8879 Cher,,\. Waltersra;dep. state. fl. us - 1Ior..e- CMC3 Agenda Item No. 9C March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Discussion by the Board of County Commissioners to direct County Attorney staff to draft a resolution to allow a Commissioner to request investigation of County business by the Clerk of Courts. (Commissioner Henning) OBJECTIVE: For the Board to discuss the possible directing of the County Attorney's staff to prepare a resolution which would allow the Clerk of Courts to investigate any County business if requested by a County Commissioner. Upon close of the Clerk's investigation, he shall report his findings to the Board. CONSIDERATIONS: This initiative is to restore the working relationship between the Clerk of Courts and the Board, to gain the trust and support of the public, and to show that the Board is, in good faith, reaching out to the Clerk to resolve any perceived differences by the agencies. FISCAL IMPACT: None. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: Legal staff will draft proposed resolution. RECOMMENDATION: That the Board discusses this item and come to agreement In proposing to mend the working relationship between the Board and the Clerk. - Item Number: Item Summary: Meeting Date: Agenda Item No. 9C March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Discussion by the Board of County Commissioners to direct County Attorney stal1 10 draft a resolution to allow a Commissioner to request investigation of County business by the Clerk of Courts_ (Commissioner Henning) 3/2B/2006 900:00 AM Date Prepared By Sam Tucker Board of County Commissioners Executive Aide to the BCe Bee Office 3/20/200612:53:49 PM Date Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe BCC Office 3/20/2006 1 :03 PM County Manager Date Approved By James V. Mudd Board of County Commissioners. County Manager's Office 3/20/20053:16 PM Agenda Item No. 10A March 28. 2006 Page 1 of 12 EXECUTIVE SUMMARY To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 20ot-55 OBJECTIVE: To determine if existing advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. Each advisory board scheduled for review in 2006 previously provided the County Manager with a written report that answers specific questions prescribed in the ordinance. Staff comments are also included in each report. Additionally the ordinance calls for each advisory board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. In 2006, nine (9) advisory boards are scheduled for review, of which the first five (5) were presented at the March 14, 2006 Board meeting, with the remaining four (4) to be presented at the March 28, 2006 Board meeting. The four (4) advisory committees scheduled for review on March 28th are listed below in the order of presentation: ,- Historical and Archaeological Preservation Board Lake Trafford Restoration Task Force Land Acquisition Advisory Committee (Conservation Collier) Public Vehicle Advisory Committee FISCAL IMPACT: In most cases the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by committee members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to the County may be as much as $50,000 to $65,000 annually in staff time, copying charges, minutes and other expenses. GROWTH MANAGEMENT IMP ACT: There is no direct Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners review the written reports and oral presentations of the boards and committees scheduled for review in 2006, and if applicable, direct any revisions necessary to have the committees function as efficiently and effectively as possible. . ATTACHMENTS: Four (4) Advisory Board/Committee 4-year review written reports PREPARED BY: Winona Stone, Assistant to the County Manager - Item Number: Item Summary: Meeting Date: Agenda Item NO.1 OA Marctl 28, 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOA This ltem to be heard at 11 :00 El_m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Historical and Archaeological Preservation Board, Lake Trafford Restoration Task Force, LEmd Acquisition Advisory Committee and Public Vehicle Advisory Committee. (Michael Sheffield, Assistant to the County Manager) 3/28120069:00:00 AM Datil' Appro,,'ed By Leo E, Ochs. Jr. Board of County Commissioners Deputy County Manager County Manager', Office 312/20065:11 PM Agenda Item No. 10A March 28, 2006 Page 3 of 12 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 A. ADVISORY COMMITTEE: Collier County Historical & Archaeological Preservation Board CHAIRMAN: I John W. Thompson lB. Ie. I D. STAFF LIAISON: I Raymond V. Bellows, Zoning Manager STAFF AGENCY: I Department of Zoning & Land Development Review E. AUTHORITY: IF. I G: I H. I. SUMMARY: Archaeological Preservation Board that has been incorporated into the Collier County Land Development Code (LDC). The preservation Board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County, as set forth in Section 5.14 of the LDC, under the direct jurisdiction and control of the Board of County Commissioners. It is the intent of the Preservation Board to increase public awareness of the importance and significance of Collier County's historical and archaeological heritage by protecting, preserving and perpetuating Collier County's historic and archaeological artifacts, sites, districts, structures, buildings, and properties. The Committee is composed of 7 members that are appointed by resolution of the Board of County Commissioners. These appointments are on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the field of historical and archaeological preservation. Each member of the Preservation Board must also be a resident of Collier County, Florida. Each member of the Historic Preservation Board represents one of the following categories: 1. History; 2. Archaeology; 3. Real Estate, Land Development, or Finance; 4. Architecture, Engineering, Building Construction, and/or Landscape Architecture; 5. Law or Urban Plannin . The two remainin ositions are filled b citizens-at-lar e. Page 1 00 Agenda Item No. 10A March 28,2006 Page 4 of 12 The Preservation Board meetings are usually held on the third Wednesday of the month at 8:45 AM. at the Collier County Community Development & Environmental Services Division, Conference Room 609, 2800 N. Horseshoe Drive. The current membership is composed of Chairman John W. Thompson, Vice-Chair Elizabeth Perdichizzi, Bill Tyson, Ardavan Moaveni, Patricia Huff, Thomas Franchino, and William Dempsey. 1. Whether the Committee/Board is serving the purpose for which it was created. Yes. The Historical & Archaeological Preservation Board continues to serve the purpose for which it was created by providing their special knowledge and expertise upon reasonable request and authorization of the BCC to any official, department, board, commission or agency of the county, state or federal government. The Preservation Board is also vested with the power, authority, and jurisdiction to increase public awareness of the importance and significance of Collier County's historical and archaeological heritage by protecting, preserving and perpetuating Collier County's historic and archaeological artifacts, sites, districts, structures, buildin , and ro erties. 2. Whether the Board is ade uatel servin current communi needs. Yes. The Preservation Board serves as the local preservation commission vested with the power, authority, and jurisdiction to designate, regulate, and administer historical and archaeological resources in Collier County. The Preservation Board also provides a service to the community by volunteering their professional expertise to the BCC and to other various count , state, or federal a encies. 3. List the Board's major accomplishments for the preceding 12-month period. The Collier County Historical and Archaeological Preservation Board had the following major accomplishments: . They held 12 meetings during 2005 to review and consider historical and archaeological preservation issues associated with various land use petitions, all of which were open to the public. . They reviewed and considered 6 Survey and Assessments of cultural resources for various land use petitions during the preceding 12-month period. They also reviewed 12 waiver applications from submitting the required survey and assessment. . They reviewed and considered amendments to the Land Development Code as they pertain to historic resources. 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. No. The Preservation Board is the local preservation agency required by the Collier Count Land Develo ment Code and vested with the ower, authorit , and 'urisdiction to Page 2 00 Agenda Item No.1 OA March 28, 2006 Page 5 of 12 designate, regulate, and administer historical and archaeological resources in Collier County. In addition, the Preservation Board members are appointed by the Board of County Commissioners on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the area of historic preservation and related fields. 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 that created the Historical and Archaeological Preservation Board was amended when it was incorporated into the Collier County Land Development Code (LDC). Since the Preservation Board activities have not been constrained by the currently adopted regulations, no amendments are proposed at this time. However, if changes to the ordinance are proposed in the future, they can be properly processed during the regular LDC amendment cycle. 6. Whether the Board's membership requirements should be modified. No. The Preservation Board consists of seven members that have been appointed by the Board of County Commissioners (BCC). The appointments by the BCC are on the basis of a potential member's involvement in community issues, integrity, experience, and interest in the area of historic preservation and related fields. The membership requirements appear to be adequate at this time. 7. The cos both direct and indirect, of maintainin the Board. Members of the Planning Preservation Board serve without compensation; however they may be reimbursed for travel, mileage, and/or per-diem expenses, if authorized by the BCC. In addition, the Preservation Board has no permanent or solely dedicated office space or County staff that would be considered a direct cost. However, the Community Development and Environmental Services Division does provide adequate staff on an as need basis to assist the Preservation Board to perform its duties. Indirect costs include the transcription of minutes and Community Development and Environmental Services Division staffhours. Furthermore, the Bce amended the Schedule of Development Review and Buildin Permit Fees in 2004 to more accuratel reflect the staff-hours. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: No additional comments K: STAFF COMMENTS: Staff is of the opinion that the Preservation Board continues to educate the public of the importance and significance of Collier County's historical and archaeological heritage by protecting, preserving and perpetuating Collier County's historic and archaeological artifacts, sites, districts, structures, buildings, and properties. Comments: b Ra Bellows, Zonin Mana er Page 3 of 3 Agenda Item No. 10A March 28, 2006 Page 6 of 12 ADVISORY COMMITTEElBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 ADVISORY COMMITTEE: I Lake Trafford Restoration Task Force I A. lB. I C. I D. IE. IF. I G: I H. CHAIRMAN: I Mr. Clarence Tears - SFWMD STAFF LIAISON: I Gary McAlpin STAFF AGENCY: I Tourism, County Manager's Office AUTHORITY: I Ordinance 2002-18 (Originally Resolution 96-225) SUBMITTAL DATE: I January 26,2006 FY 06 REVIEW DATE: I March 28,2006 LAST BCC REVIEW DATE: I None, this is the first 4-year review I. SUMMARY: On 4/23/2002 the Board adopted Ordinance 2002-18 establishing this task force as a 13 member permanent committee with 4-year terms to provide oversight to demuck and restore Lake Trafford. This committee has provided technical oversight but has a history of not meeting on a regular basis, not providing/taking official minutes, quorum problems and notices issues. Restoration activities are almost complete and this committee should remain intact until project activities are completed but operate within the prescribed manner for government or~anizations. 1. Whether the Committee/Board is serving the purpose for which it was created. This committee is accomplishing technical oversight and the Lake Trafford restoration is being accomplished. The requirements for public notification, documentation and recordin ke in have not alwa s been accom lished. 2. Whether the Board is ade uate) servin current communi needs. Restoration activities have continued and lake cleanup is progressing. To this extent community needs are being met. Public documentation, notice and record keeping need to be im roved. Page I of2 Agenda Item No, 10A March 28, 2006 Page 7 of 12 3. List the Board's major accomplishments for the preceding 12-month eriod. Restoration activities have continued and lake cleanu is ro essin. 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. None that is identified at this time with the possible exception of the Coastal Advisory Committee. 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. I No amendment necessary. 6. Whether the Board's membershi re uirements should be modified. Consider modifying the Task Force membership by removing the out of area members to allow for timel meetin and membershi uorums. 7. The cost, both direct and indirect, of maintainin the Board. The County contributed $2,000,000 to support the restoration efforts. No additional on oin costs are antici ated to maintain the committee. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: None. K: STAFF COMMENTS: My assignment and involvement to this committee has just occurred as of 1/1/2006. To date, I have only spoken to the Committee Chairman via telephone. Work is nearing completion and the committee should remain in place until activity is completed. A meeting is planned in February 2006 at which time Sunshine Regulations/proceedures will be followed including agenda's, records and minutes. Staff requests that the BCC direct staff to investigate in the February 2006 meeting the composition of the committee and if necessary propose changes to the enabling ordinance that would modify the membership to better achieve membership participation and meeting attendance. Comments b : Ga McAI in, Princi al Pro'ect Mana er, Tourism Page 2 of2 Agenda Item No. 10A March 28, 2006 Page 8 of 12 ADVISORY COMMITTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 A. ADVISORY COMMITTEE: Conservation Collier Land Acquisition Adviso Committee CHAIRMAN: I Bill Poteet lB. I c. I D. IE. IF. I G: I H. STAFF LIAISON: I Alexandra Sulecki ST AFF AGENCY: I Environmental Services, CDES AUTHORITY: I Ordinance 2002-63 I. SUMMARY: Collier County Ordinance 2002-63 created the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to advise the County and the public in the implementation of the program and the selection of project sites for acquisition. The CCLAAC is composed of 9 members. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. CCLAAC members are required to comprise broad and balanced representation of the interests of Collier County citizens including environmental and conservation, agricultural and business, educational and general and civic interests. Individual members are expected to have expertise, knowledge and interest in ecology, conservation, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. The primary duty of the CCLAAC is to recommend to the board of County Commissioners an Active Acquisition List with qualified purchase recommendations consistent with the goals and policies of Conservation Collier. The committee may also recommend proposed expenditures from the Conservation Collier Trust Funds, additional selection or acquisition procedures and other such matters as may be necessary to fulfill program purposes. Regular Land Acquisition Advisory Committee meetings are usually held on the second Monday of the month at 9:00 A.M. in Commission Board Room on the third floor of the W. Harmon Turner Administration Building. Page 1 of3 Agenda Item No. 10A March 28, 2006 Page 9 of 12 Th"e current membership is composed of Chairman Bill Poteet, Vice-Chair Marco Espinar, Michael Delate, Ellin Goetz, Wayne Jenkins, Will Kriz, Mimi Wolok, Tony Pires, and Brent Moore. 1. Whether the Committee/Board is serving the purpose for which it was created. The question is asked if the committee is serving the purpose for which it was created. The answer is yes. During the past three years, Conservation Collier has aggressively moved forward purchasing environmentally sensitive and other open space properties as per the ordinance creating Conservation Collier. We have been good stewards of the public monies recommending for purchase only those properties deemed to be in the public's best interest. 2. Whether the Board is ade uatel servin current communi needs. A second question is asked if the committee is adequately serving the purpose for which it is intended. The answer is yes. The committee has recommended properties which represent all geographic areas within our County, with the majority of them within the urban bound 3. List the Board's major accomplishments for the preceding 12-month eriod. The following is a list of major accomplishments for the preceding 12 months. I. Reviewed and ranked 19 properties submitted or nominated to Conservation Collier for purchase. Over the life of the program, since 2003,54 properties have been reviewed and ranked. 2. Adopted Interim Land Management plans for 6 properties currently being managed by Conservation Collier 3. Proposed, reviewed and then submitted referendum language to Commission to clear up the $75,000,000 cap issue for the purchase ofland by Conservation Collier. 4. Total acrea e a roved: 899; Total acrea e a uiredlunder contract: 484 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 question is asked if there is any other committee or agency, either public or private which is serving or would be better to serve the purpose for which the committee was created. The answer is no. Conservation Collier is a result of a public initiative. There is no other group, agency, etc. who is seeking the purchase of public lands with the requirement it must have public access and can be enjoyed by the public. There are a few others who will purchase the land, but with no guarantee the citizens of Collier County will be able to utilize them. Page 2 of 3 Agenda Item No. 10A March 28, 2006 Page 10 of 12 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. The question is asked whether the ordinance creating the committee should be amended and the answer is yes. There has been discussion between the Board of County Commissioners and Conservation Collier concerning purchasing properties within the sending areas. Members of the Board have expressed they would prefer Conservation Collier not look at purchasing said properties. However, the original ordinance designates sending areas as one of the target areas Conservation Collier should pursue for purchase. The elimination of sending areas as one of the target areas for purchase should rectify this conflict. A draft amended ordinance is currently under review by the Ordinance, Rules & Policy Subcommittee. 6. Whether the Board's membershi re uirements should be modified. The question is asked whether we should modify the membership requirements. The answer is no. Our committee has worked very effectively using the current format of nine members. The committee has been blessed with some very talented individuals, each brin . n a uni ue set of ex erience and knowled e to the table. 7. The cost, both direct and indirect, of maintainin the Board. The final question is regarding the cost of maintaining the committee. Since the committee is made entirely of volunteers, the only costs associated with it are costs for staff, the use of the meeting room, and incidental costs associated with public records and reports. If the County were to pay members for the expertise the members of Conservation Collier bring to the committee, it would be an extremely large consulting bill. Collier County is indeed fortunate to have such highly qualified individuals who give freely their own time and energy to make the Committee as effective as it is. Conservation Collier is a hi I roductive committee. It is ve cost effective. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: None K: STAFF COMMENTS: This Committee is the first that this staff member has worked with. Thus far, the experience has been positive, though getting attendance at subcommittee meetings has been a challenge. Staff concurs with the Committee's request for the Board of County Commissioners to consider authorizing the County Attorney staff to amend the CCLAAC enabling ordinance to delete the reference to sending areas as one of the target areas Conservation Collier should pursue for purchase. Staff comments by: Alexandra Sulecki, Coordinator, Conservation Collier Land ACQuisition Pro~am Page 3 of3 Agenda Item No. 10A March 28, 2006 Page 11 of 12 ADVISORY COMMITTEE/BOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2006 ADVISORY COMMITTEE: I Public Vehicle Advisory Committee (PV AC) I A. lB. I C. I D. CHAIRMAN: I Anthony Marino STAFF LIAISON: I Michelle Edwards Arnold STAFF AGENCY: I Code Enforcement Department E. AUTHORITY: Chapter 142 of the Collier County Code & Laws & Ordinances, Ordinance No. 95-66 I F. SUBMITTAL DATE: I January 7, 2006 I G: FY 06 REVIEW DATE: I March 28, 2006 I H. LAST BCC REVIEW DATE: I I. SUMMARY: I Give a brief history, including d~~ created, pwpose, current members, membership comoosition if applicable, meelin" schedule. etc. The Public V ehic1e Advisory Committee was created by the Board of County Commissioners on September 2, 1986. The Committee was granted the powers to review and approve applications for vehicle for hire companies wanting to obtain a Certificate to Operate for such business in Collier County. The Committee is also responsible for making recommendations regarding changes to the Ordinance that will enhance the protection of the general public utilizing vehicles for hire. The committee consists of 5 members and 1 alternate member, with no more than 3 members being affiliated with the industry. The Committee meets the I st Monday of each month at 9:30 a.m. unless there are no applications or items for review. Meetings are held in Conference room 609 or 610 at the Community Development & Environmental Services Division Building located at 2800 North Horseshoe Drive. 1. Whether the Committee/Board is serving the purpose for which it was created. I The Committee is serving the purpose for which it was created. current communi needs. needs. Page 1 of2 Agenda Item No. 10A March 28, 2006 Page 12 of 12 3. eriod. In the past 12 months, the PV AC has approved 12 new companies to conduct business in Collier County. The total number of companies increased from 65 in 2004 to 77 in 2005. During that same period, the number of vehicles inspected and issued decals / permits to operate increased from 476 to 535. By year-end, there were a total of 1,150 Drivers Identification cards (Hack Licenses) issued authorizing drivers to legally drive for a certificated company in Collier County. 4. Whether there is any other Board or agency, either public or private, which is servin or would better serve the u ose for which the Board was created. There is no other Board or agency, either public or private, that is providing the services current! rovided b this committee. 5. Whether the ordinance creating the Board should be amended to allow the Board to more ade uatel serve the ur ose for which it was created. Since its inception, the Committee has made recommendations to the Board of County Commissioners to amend the governing ordinance so that they and staff can more ad uatel serve the u ose for which it was created. 6. Whether the Board's membershi re uirements should be modified. There is no recommendation to modi the membershi r uirements of the PV AC. 7. The cos both direct and indirec of maintainin the Board. Personnel expenses for staff responsible for administering the Vehide For Hire process is estimated at $90,000 for FY 05-06. Operational costs are estimated at $5,000. Revenue raised for this ro am is estimated at $54,300 in 2005. J: ADDITIONAL BOARD/COMMITTEE COMMENTS: None K: STAFF COMMENTS: Staff concurs with this report. Comments by: Michelle Arnold, Code Enforcement Director Page 2 of2 Agenda Item No.1 OB March 28, 2006 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve amendment number four (4) for a Guaranteed Maximum Price (GMP) of $1,716,800 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the construction of the Courthouse fourth floor renovations, project number 52004. OBJECTIVE: To approve a contract amendment for a GMP of$I,716,800 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc., for the construction of the Courthouse fourth floor renovations. CONSIDERA TIONS: On January 24, 2006 the Board of County Commissioners approved agenda item number 10 C adding the Courthouse renovations to Kraft's construction contract number 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage. The Legislature of the State of Florida passed HB 41B and SB 14B on December 8, 2005 adding four Judges to the 20th Judicial Circuit of Florida. The 20th Circuit consists of five Counties; Collier, Lee, Charlotte, Hendry and Glades. Collier County will be allocated one new Circuit Judge and two new County Judges starting in 2006. Spillis Candela DMJM is the architectural firm for the renovations and completed the construction documents in December 2005. Approximately a third of the fourth floor (5,800 square feet) will be demolished and rebuilt to include one courtroom, one hearing room, one jury deliberation room, two judicial offices and two judicial assistant offices. The proposed cost of $1,716,800 equates to approximately $300 per square foot. The Courthouse renovations are scheduled to start in April 2006 and must be completed by October I, 2006. The renovation work will be completed nights and weekends to minimize impact on the courts. As is typical for a Construction Management at Risk contract, Kraft Construction Company advertised for subcontractors to perform this work and the GMP is based on bids received. It would therefore seem that the price of $1,716,800 is reasonable. FISCAL IMPACT: Funds for this contract amendment in the amount of $1,716,800 are available in the project budget fund 301. The source of the funding is ad valorem taxes. GROWTH MANAGEMENT IMP ACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. - RECOMMENDA TIONS: That the Board of County Commissioners 1) approve conclusion of negotiations of a Contract Amendment for a Guaranteed Maximum Price (GMP) of $1,716,800 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft for the construction of the Courthouse fourth floor renovations, Agenda Item No. 108 March 28, 2006 Page 2 of 23 project 52004, 2) authorize the Chairman to execute a contract amendment with Kraft, after review by the County Attorney's Office, in an amount of$I,7l6,800. PREPARED BY: Peter S. Hayden, P.E., Senior Project Manager Department of Facilities Management - Agenda Item No, 10B March 28, 2006 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve amendment number four (4) for a Guaranteed Maximum Price (GMP) of $1,716,800 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for the construction of the Courthouse fourth floor renovations, project number 52004. OBJECTIVE: To approve a contract amendment for a GMP of $1,716,800 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc., for the construction of the Courthouse fourth floor renovations. CONSIDERA TIONS: On January 24, 2006 the Board of County Commissioners approved agenda item number 10 C adding the Courthouse renovations to Kraft's construction contract number 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage. The Legislature of the State of Florida passed HB 41B and SB 14B on December 8, 2005 adding four Judges to the 20th Judicial Circuit of Florida. The 20th Circuit consists of five Counties; Collier, Lee, Charlotte, Hendry and Glades. Collier County will be allocated one new Circuit Judge and two new County Judges starting in 2006. Spill is Candela DMJM is the architectural firm for the renovations and completed the construction documents in December 2005. Approximately a third of the fourth floor (5,800 square feet) will be demolished and rebuilt to include one courtroom, one hearing room, one jury deliberation room, two judicial offices and two judicial assistant offices. The proposed cost of $1,716,800 equates to approximately $300 per square foot. The Courthouse renovations are scheduled to start in April 2006 and must be completed by October 1, 2006. The renovation work will be completed nights and weekends to minimize impact on the courts. As is typical for a Construction Management at Risk contract, Kraft Construction Company advertised for subcontractors to perform this work and the GMP is based on bids received. It would therefore seem that the price of $1,7] 6,800 is reasonable. FISCAL IMPACT: Funds for this contract amendment in the amount of $],716,800 are available in the project budget fund 301. The source of the funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Government Complex Projected Space Plan. RECOMMENDATIONS: That the Board of County Commissioners 1) approve conclusion of negotiations of a Contract Amendment for a Guaranteed Maximum Price (GMP) of $1,716,800 under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft for the construction of the Courthouse fourth floor renovations, Item Number: Item Summary: Meeting Date: Agenda Item No, 10B March 28, 2006 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 108 Recommendation to approve amendment number four (4) for a Guaranteed Maximum Price (GMP) of $1 ,716,800 under Contract No, 04-3576. Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. for ttle construction 01 the Courthouse fourth floor renovalions, project number 52004, fLen Price, Administrator, Administrative Services) 3128/20069'0000 AM Date Approved By Linda Best Administrative Services Contracts Agent Purchasing 311312006 B:13 AM Date Approved By Kelsey Ward Administrative Services Senior Purchasing and Contracts Agent Purchasing 311312006 2:26 PM Principal Project Manager Dale Approved By Ron Hovel! Administrative Services Facilities Management 3/1312006 2:28 PM Date Approved By Skip Camp, C.F.M. Administrati....e Services Facilities Managoment Director Facilities Management 3/131200:62:35 PM Administrative Service~ Administrator Date Appro,,'ed By len Golden Price Administrative- Services Administrative Services Admin. 3116/2006 11: 58 AM Date Approved BJ OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3{1712006 8:02 AM Date Approved By Susan Usher County Manager's Office Senior ManagemenUBudgel Analyst Office of Management & Budgef 312012006 9:06 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 3120/20069:58 AM Dale Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office 312012006 3:50 PM EXHIBIT E Agenda Item NO.1 08 March 28, 2006 Page 4 of 23 AMENDMENT NO.4 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Articles 7 and 8 of the Agreement, dated March 9. 2004 between The Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida ("Owner") and Kraft Construction Company. Inc. ("Construction Manager"), for management and construction of the Courthouse Annex and Parking Garage ("Project"), the Owner and Construction Manager hereby establish the Constructions Manager's fee, Cost of the Project, Guaranteed Maximum Price and Contract Time for the Work as set forth below: 1. CONSTRUCTION MANAGER'S FEE The Construction ~anager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for the 4'b Floor Courthouse Renovation only shall be an add of $255,512.00. The Construction Phase Fee for the 4th Floor Courthouse Renovation only shall be invoiced and paid in Six (6) monthly payments of $36,500.00 each and one final monthly payment of $36,512.00, The first monthly Application for Payment shall be submitted no earlier than thirty days following the issuance ohhe first Construction Authorization by Owner's Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and occupancy of the Project accepted by the Owner, The additional Overhead and Profit for the 4th Floor Courthouse Renovation only for the Construction Phase, as defined in Article 8.1.3 of the Agreement, shall be $69,585.00. This Overhead and Profit for the 4'~ Floor Courthouse Renovation only shall be invoiced as defined in Article 8.1.3. 2. COST OF THE PROJECT The total Cost of the 4th Floor Courthouse Renovation Project only as defined in Article 9 of this Agreement is an add of$I.391,703.00. 3. GUARANTEED MAXIMUM Construction Manager's Guaranteed Maximum Price for the 4lb Floor Courthouse Renovation Work only, including the Construction Manager's Fee, O&P for the Construction Phase, and Cost of the Project is an add of $1,716,800.00. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows: Attachment Description Pages Dated Number la. GMP Proposal letter with Cost I thru 4 02-24-06 rev 03-09-06 Breakdown for the Courthouse Annex Building Ib, Drawings, Specifications. Ithru2 02-24-06 Addenda and General, Supplementary and other Conditions of the Contract On which the Guaranteed Maximum Price for the 4th Floor Courthouse Renovations is based upon. 2, Allowance items 1 thru 1 02-24-06 3, Assumptions and clarifications I thm 3 02-24-06 made in preparing the GMP set Guaranteed Maximum Price, 4. Completion schedule o thru 0 T,B.D. 5. Alternate prices o thru 0 N.A. 6, Unit Prices o thru 0 N.A. 7. Revisions to the Contract ] thru I 02-24-06 8. Completed Exhibits A, B, G, H & I I thru 5 02-24-06 rev 03-09-06 .4 ~ :Y Agenda Item No. 10B March 28, 2006 Page 5 of 23 4. CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date for the 4." Floor Courthouse Renovation Only to the date of Substantial Completion of the Work for the 4tb Floor Courthouse Renovation is 200 calendar days ("Contract Time"). * Commencement date can not be issued without the Building Permit ready to be issued. CONSTRUCTION MANAGER KRAFT CONSTRUCTION COMPANY, INC. :jQ~t wLLs By ~~. obert L. Carseftc;: =3.: -~.,..-;'. ~: :. =-:.:-'- '.....-..,""'... ~: - - ~ <::,-......J... ,"'= .-. ~~"--,";--~ .....; Title: Chairman - . - - ~~ _: -:~;;/."'~>-:'~;':------ , . /". . f ,...~- ".~".' , ~ . .... ,.... Corporate Secretary As Witnessed: By ~d.\yY (Corporate Seal) OWNER ATTEST: DWIGHT W. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By DEPUTY CLERK FRANK HALAS, CHAIRMAN Date: Approved as to form and legal sufficiency: Robert N. Zachary, Assistant County Attorney Attachment 1 a Agenda Item No. 1 DB March 28, 2006 Page 6 of 23 February 24, 2006 Revised March 9, 2006 Mr. Peter S. Hayden, P.E. Senior Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, FL 34112 RE: 4TH FLOOR COURTHOUSE RENOV ATIONS ONLY NAPLES, FLORIDA Dear Mr. Hayden: We are pleased to provide you with this additional GMP Cost Estimate for the proposed "4th Floor Courthouse Renovations". The additional GMP Cost Estimate was based upon the enumerated Project Documents as prepared by Spillis Candela DMJM, Inc. and our list of Qualifications. Our additional GMP Cost Estimate is as follows: GMP Cost for the 4th Floor Courthouse Renovations is an Add of ... $1,716,800.00 We have included a 2 % Construction Managers Contingency within this GMP amount. If you have any questions, feel free to call. Sincerely, KRAFT CONSTRUCTION COMPANY, INC. ~~ Joe L. Pressler Vice PresidentfEstimating Attachments: Enumeration of the Project Documents dated February 24, 2006 List of Qualifications, Clarifications & Assumptions, dated February 24,2006 JLP:rd Attachment 1a Standard Estimate Report 4th FIr Courthouse Renov Agenda Item No. 10B March 28, 2006PB98 0 ~i108 f.~:23 AM Project name 4th Fir Courthouse Renov 3301 East Tamlami Trail Naples FL 34112 Client Collier County Government 3301 East Tamlaml Trail Naples FL 34112 Architect Spillis Candela DMJM Document Bid Set 01/27/06 Job size 5680 sf Duration 7mos Attachment la Standard Estimate Report 4th FIr Courthouse Renov Agenda Item No. 1 O~ 1 March 28, 200Efsge ~Q'f!J;23 AM Description Quantity Unit Cost Amount 1970,00 FIELD REIMBURSABLES 5,680.00 sqft 32.57 Isqft 184,992 2000.00 DEMOLITION 5,680,00 sqft 6.11/sqft 34,700 6000,00 ROUGH CARPENTRY 5,680.00 sqft 4.82 Isqft 27,380 6200,00 MILLWORK & CASEWORK 5,680.00 sqft 47.67/sqft 270,737 6410.00 STONE COUNTERTOPS 5,680.00 sqft 0.27 Isqft 1,520 7000.00 INSULATION 5,680.00 sqft O,8541sqft 4,850 8000.00 DOORS & HARDWARE 5,680,00 sqft 8.3341sqft 47,335 8500,00 WINDOWS & GLASS 5,680.00 sqft 0.961/sqft 5,457 9000.00 DRYWALL & FRAMING 5,680.00 sqft 32.364/sqft 183,827 9300.00 CERAMIC TILE & STONE 5,680.00 sqft 5.33/sqlt 30,256 9500.00 ACOUST CEILINGS & WALL 5,680.00 sqft 5,423/sqft 30,800 9550,00 CARPET-VINYL-TERRAZZO 5,680.00 sqft 8.064/sqft 45,805 9900.00 PAINTING & WALL COVER 5.680.00 sqft 7.11/sqft 40,381 10000.00 SPECIALITIES 5,680.00 sqft 2.04/sqft 11,574 12000.00 FURNISHINGS 5,680,00 sqft 5,19 Isqft 29,449 14000.00 CONVEYING SYSTEMS 5,680,00 sqft 5,57/sqft 31,610 15400,00 PLUMBING 5,680.00 sqft 5.702lsqft 32,385 15500,00 FIRE PROTECTION 5,680.00 sqft 3.11 Isqft 17,655 15800.00 HVAC 5,680,00 sqft 9.37 Isqft 53,200 16000,00 ELECTRICAL 5,680,00 sqft 21.7521sqft 123,550 17000.00 FACILITY MGMT SYSTEM 5,680,00 sqft 20,68 Isqft 117,460 Attachment la Standard Estimate Report 4th FIr Courthouse Renov Agenda Item No.1 08 March 28, 200fl'age 2 F3It1I2i06 fb:23 AM Estimate Totals Labor 42,970 1,040.000 hr. Subcontract 1,168,904 Equipment 44,150 Other 68.899 1,324,923 1,324,923 Material Sales Tax 6.000 % Labor Burden 24.708 57.500 % 24,708 1,349,631 Impact & Tap Fees By Owner Permits By Owner Prim Util Svcs Fees By Owner 1,349,631 Const Mgr Contingency (2%) 27.838 27,838 1,377,469 Bond: Payment & Perlonnence 14.234 14,234 1,391,703 Const Phase Fee (Gen Cond) 255,512 Const Phase OH & Profit Fee 69.585 5.000 % 325,097 1,716,800 Total 1,716,800 302.254 1st -c:' "~fI' .li-~-~.' I Attachment Ib Agenda Item NO.1 DB ~Ch 28, 2006 February 24, 2006 - - ge 10 of 23 Enumeration of Project Documents Collier County Courthouse 4th Floor Renovations Page Permit Set Bid Set Number Description Dated Dated Bid Set P14ns as designed by SpilUs Cande14 DMJM Page I Cover Sheet 12/20/05 1I27/06 AO.1.04 Index of Drawings, Symbols and Abbreviations 12/20/05 1/27/06 AI. 1.04 Architectural Site Location Plan 12/20/05 1/27/06 AI.3.04 Architectural Life Safety Plan Fourth Floor 12/20/05 1/27/06 A2.1.04 Demolition Plan Fourth Floor 12/20/05 1/27/06 A2.1.14 Demolition Plan Reflected Ceiling Fourth Floor 12/20/05 1/27/06 A2.2.04 Floor Plan Fourth Floor 12/20/05 1I27/06 A2.3.04 Reflected Ceiling Plan Fourth Floor 12/20/05 1/27/06 A2.7.04 Signage Plan Fourth Floor 12/20/05 1/27/06 A3.1.01 Toi]et Details Fourth Floor Plan 12/20/05 1/27/06 A3.1.04 En]arged Courtroom Plans Fourth Floor 12120/05 1/27/06 A5.1.04 Interior Fourth Floor Elevations ] 2/20/05 1/27/06 AS.3.04 Finish Plan Fourth F]oor 12/20/05 1/27/06 A5.4.04 Partition Types Fourth Floor Plan 12/20/05 1/27/06 A6.2.04 Door Schedule, Door Types and Details 12/20/05 1/27/06 A6.2.14 Details 12120/05 1/27/06 A6.2.15 Detai] s ] 2/20/05 1/27/06 A6.2.16 Details 12/20/05 1/27 /06 MO. 1.01 HV AC Legend, Symbols and Abbreviations 12/20/05 1/27/06 M2.1.04 HV AC Demolition Plan Fourth Floor 12120/05 1/27/06 M2.2.04 HV AC Floor Plan Fourth Floor ] 2/20/05 1/27/06 M3.1.01 Mechanical Schedules and Details ] 2/20/05 1/27/06 FO.1.01 Fire Protection Abbreviations, Symbols, Notes and Schedules 12/20/05 1/27/06 F2.2.04 Fire Protection Floor Plan Fourth Floor 12/20/05 1/27/06 PO. 1.01 Plumbing Abbreviations, Symbols and Notes 12/20/05 1/27/06 P2.1.04 Plumbing Demolition Plan Fourth F]oor ] 2/20105 1/27/06 P2.2,04 Plumbing Floor Plan Fourth Floor I 2/20/05 1/27/06 P5.1.01 Plumbing Schedules Isometric and Details 12/20/05 1/27/06 EO.l.Ol Symbols & Abbreviations 12/20/05 1/27/06 EO.l.02 Lighting Fixture Schedule 12/20/05 1/27/06 EO.2.00 Electrical Notes ] 2/20/05 1/27/06 E2.1.04 Demolition Plan Fire Alarm Fourth Level ]2/20/05 1/27 /06 E2.I.14 Demolition Plan Power & Lighting Fourth Level 12/20/05 1/27/06 E2.2.04 Power Plan Fourth F]oor I 2/20/05 1I27/06 E2.3.04 Lighting Plan Fourth Floor 12/20/05 1/27/06 E2.5.04 Systems Plan Fourth F]oor 12/20/05 1/27/06 E4.1.01 Electrical & Fire Alarm Riser Diagrams ] 2120/05 1/27/06 E5.1.01 Electrical Details 12/20/05 1/27/06 lof2 Attachment Ib Agenda Item NO.1 DB ~Ch 28, 2006 February 24, 2006 · · ge 11 of 23 Enumeration of Project Documents Collier County Courthouse 4th Floor Renovations Page Permit Set Bid Set Number Description Dated Dated E6.1.01 Panel Schedules 12/20/05 1/27/06 E6.1.02 Panel Schedules 12/20/05 1/27/06 Specifications Proiect Manual for Collier County Fourth Floor Courthouse Renovations 1/27/06 20f2 Agenda Item NO.1 08 March 28, 2006 Page 12 of 23 Attachment 2 02-24-06 COLLIER COUNTY FOURTH FLOOR COURTHOUSE RENOV A nONS "LIST OF ALLOWANCES" 1. We have included an Allowance of $2,000 for Independent Lab Testing services and X-raying of slab for new penetrations for the 4th Floor Courthouse Renovations only. 2. We have included a Material Allowance of $9.00 per lineal yard at 54" material for the Vinyl Wall Covering that is to match the existing. We also have included a Material Allowance of $17.00 per lineal yard at 54" material for the Textile Wall Covering to match the existing. Agenda Item No. 108 March 28, 2006 Page 13 of 23 Attachment 3 COLLIER COUNTY FOURTH FLOOR COURTHOUSERENOV AT IONS ONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS February 24, 2006 The qualifications, clarifications and assumptions set forth in this exhibit form an integral part of the Contract to which it is attached and to the extent necessary modify all other exhibits, terms and conditions of the Contract that may be contradictory or that may set forth different requirements to be complied with by Contractor. Where materials, quantities, products and component parts are specified in this exhibit, they shall control over any contrary provisions contained in other exhibits. Where statements are made that information, items or services will be provided or furnished by Owner, they constitute exclusions or alterations from the work that is otherwise set forth in the other terms and conditions of the Contract and its exhibits. Where they state that items are not included it means that the Work will be completed without the inclusion of such item and that if required by Owner it will be the basis for a change order or construction change directive. Where site conditions are specified, assumed, or assumptions as to the basis for pricing are set forth, they control over any more comprehensively stated requirements in the body of the Contract terms and conditions and constitute a limitation on the extent of the Work to be performed for the guaranteed maximum or fixed price as the case may be. DIVISION #1 - GENERAL CONDITIONS 1. Permit and impact fees are the responsibility of the Owner. 2. Primary utility service costs are the responsibility of the Owner. 3. The owner shall provide temporary electric and water for use during construction of this renovation project at no cost to the Construction Manager. 4. Owner/Architect office trailers on the site are not included. 5. We have included an Allowance of $2,000 for Independent Testing Lab services and x-raying of slab for new penetrations. 6. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be responsible for any deductibles. DIVISION #2 - DEMOLITION 1. We have not included removal of any Personal property, Systems furniture, chairs, etc. from the area to be renovated. We have assumed that the Owner will remove those items prior to Kraft commencing work. 1 of 3 Agenda Item No.1 OB March 28, 2006 Page 14 of 23 Attachment 3 COLLIER COUNTY FOURTH FLOOR COURTHOUSERENOVATIONSONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS February 24, 2006 DIVISION #5 - METALS 1. No qualifications DIVISION #6 - CARPENTRY 1. No qualifications DIVISION #7 - THERMAL AND MOISTURE PROTECTION 1. No qualifications DIVISION #8 - DOORS AND WINDOWS 1. We have included Section 08111 Steel Frames as specified. If Steel Frames as manufactured by S.W. Fleming are approved as equal to the specified products you may deduct $1,200 from our GMP cost. DIVISION #9 - FINISHES 1. We have included a Material Allowance of $9.00 per lineal yard at 54" material for the Vinyl Wall Covering that is to match the existing. We also have included a Material Allowance of $17.00 per lineal yard at 54" material for the Textile Wall Covering to match the existing. DIVISION #10 - SPECIALTIES 1. No qualifications. DIVISION #11 - EOUIPMENT 1. Not Applicable. DIVISION #12 - FURNISHINGS I. No qualifications. 2 of 3 Agenda Item No, 10B March 28, 2006 Page 15 of 23 Attachment 3 COLLIER COUNTY FOURTH FLOOR COURTHOUSERENOVATIONSONLY QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS February 24, 2006 DIVISION #13 - SPECIAL CONSTRUCTION 1. No qualifications. DIVISION #14 - CONVEYING SYSTEMS 1. We have included the Vertical Wheelchair Lifts as manufactured by Access Industries, Inc. as equal to the specified unit by National Wheel-O-Vator, Inc. with the exception of this unit having a 1f2 hp Motor in lieu of the % hp specified. DIVISION #15 - MECHANICAL 1. No qualifications. DIVISION #16 - ELECTRICAL 1. The sound system speakers have been assumed to be free wired, furnished and installed by others. 2. We have included a Lutton dimming system in lieu of the Pro-Lite system specified. 3. We have included T-81amps for the type A fixtures in lieu of the T-12's specified. 4. A complete conduit system wI pull string for the Fire Alarm System is included. 30f3 Agenda Item NO.1 OB March 28, 2006 Page 16 of 23 02-24-06 Attachment 7 Collier County Courthouse Annex, Parking Garage and 4th Floor Courthouse Renovations Revisions to the Contract 1. In article 8.1.2(b), replace the "TBDs" as follows: a. First "TBD" change to "One (1)" b. Second "TBD" change to "$1,98SJ)()" for Garage and "$2,402.00" for Annex and "$1,803.00" for the 4th Floor Courthouse Renovations. 2. In article 8.1.2(c), replace the "TBDs" as follows: a. First "TBD" change to "$10,000.00" b. Second "TBD" change to "$10,000.00" c. Third "TBD" change to "5%" d. Fourth "TBD" change to "$10,000.00" 3. In article 8.1.3, change the "TBD" to "5%" Agenda Item No. 1 DB March 28, 2006 02-24-06 rev 03-09a06 17 of 23 EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES (ANNEX BUILDING, PARKING GARAGE AND 41h FLOOR COURTHOUSE RENOVATIONS) Owner: Board of County Commissioners, Collier County, FL Design Professional Construction Manae:er Pete Tuffo (Offsite) Joe Pressler (Offsite) Wendy Duckworth and/or Lyn Ross (Offsite) Brad Kogan and/or Allen Clark (Offsite) Laurie Mattingly (Off site) Mark Styles and/or Eduardo Saumell (Offsite) Pete Murphy (Offsite) TBD (On site) Lisa Harvey (Onsite) TBD (Onsite) TBD (Onsite) TBD (Onsite) Jerry Davis (Onsite) TBD (Onsite) Owner's Representative: Peter Hayden, P.E. Purchasing Agent: Scott D. Johnson Project Principal Construction Administrator Site Representative Mechanical Engineering Inspector Electrical Engineering Inspector Structural Engineering Inspector Architectural Inspector Project Executive V ice President, Estimating Estimator Assistant M.E,P. Coordinator (Annex) D.M.P. Clerk Scheduler Safety Inspector Project Manager Administrative Assistant Administrative Assistant (4th Floor Renov.) Superintendent (Garage) Superintendent (Annex) Superintendent (4th Floor Courthouse Renov.) Labor Foreman (4th Floor Courthouse Renov,) 35 Agenda Item NO.1 OB March 28, 2006 Page 18 of 23 EXHIBIT B CONSTRUCTION MANAGER'S PERSONNEL 02-24-06 rev 03-09-06 (ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS) OFF-SITE SUPPORT STAFF Pete Tuffo Joe Pressler Wendy Duckworth and/or Lyn Ross Brad Kogan and/or Allen Clark Laurie Mattingly Mark Styles and/or Eduardo Saumell Pete Murphy Project Executive Vice President, Estimating Estimator Assistant M,E.P. Coordinator (Annex & 4th Floor Renov.) D.M.P, Clerk Scheduler Safety Inspector ON-SITE SUPPORT STAFF TBD Lisa Harvey TBD Jerry Davis TBD Project Manager Administrative Assistant Administrative Assistant (4th Floor Renov,) Superintendent (4th Floor Renov.) Labor Foreman (4th floor Renov.) 36 EXHIBIT G Agenda Item NO.1 OB March 28, 2006 Page 19 of 23 02-24-06 rev 03-09-06 CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME EXTENSIONS PER 8.1.2 (1)(b) (ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS) Individual Pete Tuffo TBD Wendy Duckworth andlor Lyn Ross Brad Kogan or Allen Clark Laurie Mattingly Mark Styles or Eduardo Saumell Pete Murphy TBD Lisa Harvey TBD Jerry Davis TBD (Offsite) (Offsite) (Offsite) (Offsite) (Off site) (Off site) (Offsite) (Onsite) (Onsite) (Onsite) (Onsite) (Onsite) Title Project Executive Estimator Estimator Assistant M.E,P. Coordinator D,M.P. Clerk Scheduler Safety Inspector Project Manager Administrative Assistant Administrative Assistant (4th Floor Renov.) Superintendent (4th Floor Renov.) Labor Foreman (4th Floor Renov.) 43 Percentage of Time Available 20% 5% 10% 10% 20% 5% 10% 100% 100% 50% 100% 100% Agenda Item No. 10B March 28, 2006 Page 20 of 23 02-24-06 rev 03-09-06 CONSTRUCTION MANAGER'S PERSONNEL TO BE EXHIBIT H ASSIGNED DURING CONSTRUCTION OFF-SITE (ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS) Individual Pete Tuffo Joe Pressler TBD Wendy Duckworth and/or Lyn Ross Brad Kogan or Allen Clark Mark Styles or Eduardo Saumell Laurie Mattingly Pete Murphy Title Percentage Duration of Time in Months Available Project Executive Vice President, Estimating Estimator Estimating Assistant M,E.P, Coordinator Scheduler D.M.P. Clerk Safety Inspector 16 20% ]6 10% ]6 5% ]6 10% ]6 10% ]6 5~o ]6 20% 16 10% 44 Agenda Item No, 10B March 28, 2006 Page 21 of 23 EXHIBIT I 02-24-06 rev 03-09-06 CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION ON-SITE (ANNEX BUILDING, PARKING GARAGE AND 4th FLOOR COURTHOUSE RENOVATIONS) Individual Title Percentage Duration of Time in Months Available TBD Lisa Harvey TBD Jerry Davis TBD Project Manager Administrative Assistant Administrative Assistant (4th Floor Renoy,) Superintendent (4111 Floor Renoy.) Labor Foreman (4th Floor Renov.) 16 100% 16 1 00% 7 50% 7 100% 7 100% 45 (0(0("') OON .-0_ .N 0 o -N Zg:jN E..c O.J O.JuOJ ~.....co -COo... ~~ c O.J OJ <( I II I II I · I L-:'!-~!====::i,.i.====.J,.i-,..====_ :z: ::s CL :z: Cl 0 w f= ::t: ::J V'> 0 c::::J wO :::;: Cl ::::E W :z:w Cl WCl u.. Ww 0::: Cl <D 0 ~Q 0 ---l ~iS w.... ~~ :r: I- :Z:w 0::: i=u ::::l ~G: xu.. 0 wO w.... 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Item Number: Item Summary: Meeting Oat.: Agenda Item No. 1 DC March 28, 2006 Page 1 of 115 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10e Recommendation to adopt a superseding resolullon authorizing condemnation of fee simple interests for the proposed right-of-way and/or slormwatar retention and treatmenl pond sites, as well as perpetual, non-exclusive road rlght-of~way, drainage and uWity easements, temporary CO!ls1ruction easements and temporary driveway restoration easements. which wlll be required for tr19 Construction of roadway, drainage and utility Improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (Project No. 62081 ) (Estimated fiscal impact: $14,180,000) (Norman Feder, Administrator, Transportation Services) 3128/20069:00:00 AM Date- Prepared By Lorraine Lantz Transportation Services Right Of Way Coordinator TEeM.ROW 3113/200611:53:51 AM Dato Approyed By Tad Pluc Transportation Services Engineer Transportation Engineering and Construction 3/13/200612:43 PM Date Appro\'cd By Gary Putaansuu Transportation Services Senior Project Manager Transportation Engineering l!lnd Construction 3/13/20062:49 PM Date Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager TEeM-ROW 3113:2006 4:44 PM Oate Approved By Na;eh Ahmad Transportation Services Director Transportation Engineering & Construction Managanlent 3114/2006 8:58 AM Date Approved By ~- Norm E. Feder, AICP Date Transportation S(!rvices Approved By Lisa Taylor Transportation Services Transportation Division Administrator Transportation Services Admin. 3/14/20069:42 AM Manage-me-ntlBudget Analyst Transportation Administration 31141200611:14 AM Date Approyed By Sharon Newman Transportation Servicefl Accounting Supervisor TranGportation Services. Admin 3116/20069:50 AM Date Approved By Pat LetUlhard Transportation Services Executive Secretary Transportation Services Admin 3/16/200610:11 AM Date Approved By OMB Coordinator Countr Manager's Office Administrati....e Assistant Office of Management & Budget 3/16/200610:25 AM Date Approved By Michael Srnykowski County Manager's- Office Mana~lElmenl & Budget Director Office of Management & Budget 3/16/20063-:11 PM Date Appro"'cd By James V. Mudel Board of County CommissionflfS County Manager Count;' Manager's Office 3/17120065:28 PM ..- Agenda Item No. 10C March 28, 2006 Page 2 of 115 EXECUTIVE SUMMARY Recommendation to adopt a superseding resolution authorizing condemnation of fee simple interests for the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, temporary construction easements and temporary driveway restoration easements, which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (project No. 62081) (Estimated fiscal impact: $5,693,500) OBJECTIVE: To adopt a superseding resolution authorizing the acquisition by condemnation of fee simple interests and/or such easements as are necessary for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road. CONSIDERATIONS: On November 30, 2004, the Board of County Commissioners adopted Resolution No. 2004-369 finding public purpose and necessity and authorizing the condemnation of fee simple interests and/or such easements as are necessary for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road, hereinafter "the Project." Since the adoption of the previous resolution authorizing condemnation, staff has noticed the inadvertent omission of one parcel. As part of the Project, several drainage easements were identified. These easements are necessary for the proper water management and construction ofthe Project. The legal description of one of these drainage easements was accidentally omitted and therefore causes a relatively small but crucial gap in the water management system of the Project. The attached Superseding Resolution includes all project legal descriptions and eliminates this gap. Because staff is coming forward with the Superseding Resolution, they have asked the designer to correct a scrivener's error in another parcel description for clarification. The Board's previous consideration regarding costs, long range planning, environmental concerns, safety and alternative routes applied to the project as a whole and encompassed the drainage needs of the project. The addition of this parcel does not affect the weight or relevance of any of those factors or require new evaluation or study. The technical memorandum dated October 18, 2004, which was presented to the Board as part of its previous consideration, is attached hereto. FISCAL IMPACT: In November 2004, the Fiscal Impact Section of the executive summary for the previous' condemnation reso lution (Reso lution No. 2004-369) reported to the Board that the total estimated cost of the right-of-way for the Santa Barbara Boulevard project, from Davis Boulevard to Green Boulevard (with minor improvements to the Pine Ridge Road intersection), was $17,266,215. Of that total amount, the executive summary reported that $3,086,215 had already been spent under previous authority approved by the Board, and that another $14,180,000 would be required to cover the cost of the remaining right-of-way (including the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and Agenda Item No. 10C March 28, 2006 Page 3 of 115 expert witness fees.) Since that time, another $2,165,076 has been spent on right-of-way, bringing the total expenditures to date (for land, improvements and severance damages) to $5,25 l,291. Even though the legal descriptions attached to the superseding condemnation resolution represent all of the property interests which will be required to construct the project from Davis Boulevard to Green Boulevard (with minor improvements to the Pine Ridge Road intersection), at this point in time, the County Attorney's Office has only been asked to file eminent domain lawsuits upon those property interests required for the Phase One improvements to Santa Barbara Boulevard from Davis Boulevard to just north of Painted Leaf Lane. The estimated total cost of the right-of-way required to construct the Phase One improvements, beyond that which has already been spent, is $5,693,500. Again, this figure includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property o~er attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. GROWTH MANAGEMENT IMP ACT: As a capital improvement element in the Five Year Transportation Work Program, the expansion of Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road (Project No. 62081) is a part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Find that the property described in the attached Resolution is necessary for the project; 2. Adopt the Resolution and authorize the Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared By: Lorraine Lantz, Right-Of- Way Coordinator, TECM - Right-Of- Way Acquisition Attachments: (1) Interoffice Memorandum dated October 18, 2004, from Eugene C. Calvert, P .E. to Norman E. Feder, AICP; (2) Condemnation Resolution with Exhibit A ,'- Agenda Item No, 10C March 28, 2006 Page 4 of 115 MEMORANDUM DATE: October 18, 2004 TO: Norman E. Feder AICP, Administrator, Transportation Services Division FROM: Eugene Calvert, Interim TECM Director SUBJECT: Condemnation Resolution for Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road, Project No. 62081 On November 30, 2004, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to implement Capacity Improvements of Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road. This project includes converting existing 4-lane divided roadway to 6-lane divided arterial roadway from Davis Boulevard to Golden Gate Parkway, and the reconstruction of a portion of Santa Barbara Boulevard from Golden Gate Parkway to Green Boulevard with 6-lane right of way footprint. In addition, Radio Road from Santa Barbara Boulevard to Davis Boulevard will be improved from an existing 2-lane roadway to 4-lane divided roadway. Bike lanes and sidewalks will be added throughout the project's length. Drainage and intersection improvements will be implemented. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. The county attorney's office has advised that the following criteria shall be considered, when adopting the condemnation reso lution: Page 1 of3 Agenda Item NO.1 OC March 28,2006 Page 5 of 115 1. Alternate Routes The need for additional north-south arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Livingston Road from Pine Ridge to Vanderbilt Beach Road has been opened to 6- lane of traffic in the past year. The last remaining section of Livingston Road from Vanderbilt Beach Road to Immokalee Road will be open to traffic late this year. Future design plans will complete the widening of Collier Boulevard from US 41 to Immokalee to 6-lane roadway. Santa Barbara Boulevard will be extended from Davis Boulevard to Rattlesnake Hammock Road. To meet current and future capacity needs, the only viable alternative is to widen and improve Santa Barbara Boulevard at this time. 2. Safety Factors The design of the Santa Barbara Boulevard improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FOOT) Roadway and Traffic Design Standards; the FOOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. 3. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LR TP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for upgrading Santa Barbara Boulevard has been identified. The project improvements are consistent with current and near future travel demand needs and the availability offinancial resources. Page20f3 Agenda Item No. 10C March 28, 2006 Page 6 of 115 4. Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road will have minimal environmental impacts. The project has been coordinated with both the u.s. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered Species Survey was conducted with negative findings. The project has also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey was conducted, and wetland areas along the corridor were flagged. Impacts to these wetlands will be minimal and will be mitigated, as needed, through "mitigation banking". Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds and developing the surface water management system. As a result, this project will use a combination of residential lakes, drainage swales and dry detention areas for water treatment and attenuation. 5. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project includes a typical six-lane section with sidewalks and bike lanes on both sides. The Board has approved the typical section that will be used in this project. The corridor is bounded on the east and west sides by residential developments, residential homes, a golf course, an elementary school, a County park, together with commercial properties and undeveloped lots. The road alignment has gone through revisions to minimize the taking of additional right of way, and to provide for safe and efficient pedestrian and traffic flow. Construction on this two-year project is planned to commence in the 4th Quarter of fiscal year 2005. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and review of this vital information. Page 3 of3 Agenda Item No. C March 28, 2 6 Page 7 of 15 RESOLUTION NO. 2006 - A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, TEMPORARY CONSTRUCfION EASEMENTS AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA BARBARA BOULEV ARD SIX-LANING PROJECT FROM DAVIS BOULEVARD TO PINE RIDGE ROAD, (CAPITAL IMPROVEMENT ELEMENT NUMBER 56, PROJECT NO. 62081). WHEREAS, the Board of County Commissioners (Board), on December 16, 2003. adopted Ordinance No. 2003-67, therein establishing the (annual updated and amended) 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 design and construction of the expansion of Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road (Project No, 62081) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan (CIE No. 56); and WHEREAS, on November 30, 2004, the Board adopted Resolution No, 2004-369 authorizing the condemnation of property for the construction of the Santa Barbara Boulevard Project; and WHEREAS, the prior Resolution omitted a drainage easement identjfied as Parcel 804, which created an inadvertent gap in a drainage easement required for this project; WHEREAS, the property described in Exhibit "An hereto contains the legal description for Parcel 804 and corrects a scrivener's error in another legal description; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the six-Ianing expansion and improvements to Santa Barbara Boulevard between Davis Boulevard and Pine Ridge Road Agenda Item No. C March 28, 2 6 Page 8 of 15 (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 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 safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and perpetual or 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 with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and 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. AND IT IS FURTHER RESOLVED that Resolution No. 2004-369 is superseded and replaced in its entirety hereby, This Resolution, adopted on this _ day of and majority vote, ,2006, after motion, second ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Clerk Frank Halas, Chainnan Page 2 ~ ~ EAST 1/2 OF THE t::l ~ ~iJl ~ ~:::::l ' ~ NORTHEAST 1/4 OF ~;: ~:;:: THE NORTHEAST 1/4 ~(;') :s ~ (;) OF SECTION 8 Gi CI) Gi OR. BOOK 208, to C PAGE 19 ~ FEE SIMPLE TAKING ~ ',988 SQfJARE FEET ~ PARCEL NO.~ ~ t::l EAST LINE OF SECTION 8 8 5 9 4 PROPOSED R. 0. W. ~ iJl ~:::::l ~:o!: WEST 1/2 OF THE ~(;') NORTHWEST 1/4 OF 0; THE NORTHWEST 1/4 OF SECTION 9 O.R. BDDK 1087, PACE 841 ,;,* ~- a 2~ tf.j ~ Item N . 1 C ~ ~ - March 2 , 2 6 I ~ 9 of 15 50 100 200 GRAPHIC SCALE D,R. BDOK 2390. PAGE 3098 EXISTiNG 100' R.O,W. SANTA BARBARA BOULEVARD EXISTING 100' R,O,W. LEGAL DESCRfPTTON BEiNG THE SOUTH 28 FEET OF THE NORTH 103 FEET OF THE EAST 71 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. ~ ~~ ~~ ~(;') ~ DR, BDDK 244/, PACE 219 CON TAINING 1,988 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTiONS OF RECORD. EXHIBIT ~ Page...L- ofIi1i. 1) RCMSIO pam I "~I1-03 ... NOT, A SURVEY ... R. P DF[ AL SUR'ffYOR &: MAPPER FLORIDA REGISTRA LS 15621 NDr VALID UNLESS SIGNED BY THE SURVEYDR AND SEALED mTH THE SURVEYDR'S EMBOSSED SEAL. CERFIFlCATE DF AUTHORllAnoN f [B-43 BCARtt<<;S ARC fJASll) ON NORTH AJIE/ttCAN [)).TlAf (N,AO) lHJ-'ggc ADJ./SfJI{NT srlllf PJ..4Hf COC1t04NMt srs-1l1I (CRID) fOR I'/.CJRJ{)A CAST 1m' LEGEND: ~ PROPOSED R.OW. R.D. W. = RICHT OF WA Y O.R. = OFFICIAL RECORDS PROJECT NO.: 62081 '''''CCC NO. : 101 Wils;nMiller-'~~'- ~. ~ . EcoJr:9It. . SlSWIygrI . ~J.reMoc" . Tranrpor1.lJQ1 Conf/Jfanll Wtlson.Wlier, ;'Co ~'F<rl~'_'_'T""" 3Oll1WeyUnr,SWlQl.,....__.""" _.F1I_~._, ..._.... 1) Rt'rfSED PARCEl., 11-11-01 CLIENT: Nov 1.3, 2002 ..... 09: 44: 35 U.,lILLERIK \SUR\N6022\Ske~ch Of Descriptions\5ubmiUed\2gg20JS102.dwg COWER COUNTY 7RANSPORTA TlON, ENGINEERING & CONS7RUCTlON MANAGEAlENT DIVISION mLE: SKETCH AND DCSCRIPTlON 8DNG PART DF SF:CTION 8, TOWNSHIP 50 SOUTH, RANGE: 26 F:AST. COLL/F:R COUN TY, FL ORIDA ~CJECT NO.~ SHEET HVNBER: FILE NO.: N6022-002-010- TDHWP /0/ Of" xxx 2GG-203 DATE; 04/2002 ~ ~ (;) t:l Di ~::::! :to. ~>::! EAST 1/2 OF THE ~~ ~ ~~ NORTHEAST 1/4 OF ::E 0..,;::E THE NORTHEAST 1/4 ~ \J) ~ OF SECTION 8 O:J 0 O,R. 800K 208, ~ PAC[ /9 t:.l PROPOSED R,o. W. ~ ~ PARcaNO~ , ~ /03' 8 5 WEST LINE OF SECTION 9 75' 9 4 FEE SIMPLE TAKING Z 772 SQUARE FEET WEST 1/2 OF THE ~ NORTHWEST 1/4 OF ~~ THE NOR THWES T 1/4 ~~ OF SEC nON 9 ~'-J U'l O.R. BOOK 1087, PAGE 84/ ~ ~ o >5 ~tAm No March 28, ~ ~o 100 200 GRAPHIC SCALE 1 C 6 15 O.R. BOOK 2390, PAGE J098 EXISTING 10.0.' R,O,W. SANTA BARBARA BOULEVARD EXISTING 10.0.' R,Q, W. ~ ::tl(;) p~ ;:;:c;") ~ O,R, BOOK 244/, PACE 219 LeGAL OCSCRIPTlON BEING THE SOUTH 28 FEET OF THE NORTH 10.3 FEfT OF THE WEST 99 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 50. SOUTH, RANGE 26 EAST, COLLIER COUN TY, FLORIDA. CONTAINING 2,772 SQUARE FEfT MORE OR LESS. SUBJECT TO. EASEMENTS &- RESTRICTIONS OF RECORD. EXHIBIT A Page-L of...J.Q1. ... N(JT'A, SURVEY ... R. P, Of[, :4L SURV[YOR .t MAPPER Fl.ORIDA REG/STRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED m TH THE SURVEYOR'S EMBOSSED SEAL. CERFlFlCA T[ OF AUTHORIZA TlON I L8-43 BtAI/fHCS AIlE BASCO ON Nf)//TH ~~:::JN~'~rr SYS1l'M (f;RfO) 'OR Iltl'lrOA CAST ~ LEGEND: ~ PROPOSED R,O.W. R.O. W. = RIGHT or WA Y o.R, = OFFICIAL RECORDS PROJECT NO.: 62081 PARCEL NO. : 102 Wils;nMille,k.RUU-. I'fomen . ~, . EEcoIqpl> . Sllwycn . L_ _... . ll'nrporl.Uon ConIiJtlnll Wllaonl.lR1er; "'0. ,.,.,.ForIlo\Wt'SruolI'_.T_ 18ll1llloru..llMm'''''''''__'_IIII_'Frl_.s;>II._ -_.... CLIE'lT: COLUCR COUNTY TRANSPORT".TlON, ENGINEERING . CONSTRUCTION M.4N"'GalENT DIVts/ON TITLE: SKETCH .4ND DESCRIPTION BtlNG PART OF SE:CnON 9. TOWNSHIP SO SOUTH, RANGe 26 eAST, COLLieR COfJNTY, FLORIDA D"TE: PROJECT NO.: SHtLf NUMBER: FILE NO.: 04/2002 N6022-002-010- TDHWP 102 OF xxx 2GG-203 1f[VSE(} PMCET. I l1-"-O~ Nov 12. 2002 - \0: 39: 56 LMILLERIX: \SUR\N6022\Sketch Of Oe.wptloos\Submilted\2gg20J.l01.dwg Agenda Item N. C March 2 , 2 06 Page 11 f 15 II II PROPOSED R.O, w.",. I \ COUNTRYSIDE AT BERKSHIRE '~ LAKES SEcnON 3, TRACT II, PLAT BOOK 14. PAGES 6-8 FEE SIMPL ST PARCEL 104 RIGHT Of' WA Y 2,714 SOUARe FIT EXISTING 100' P.O,B. ( R,O, W. N.E. GORNER OF TRACT II EAST LINE OF SECTION 5 ~ ~\ r- ~ ~"i ::oi/\ Q ~~I :=E:<:"l ~ Gig .~ u, ~-y--- 1- g 2~ ~ 100 ~ GRAPHIC SCALE PART OF OUTPARCEL "C I 200 ~ i/\ ::O::::;j ~~ :=E: ~ Gi ~ . t;:, ""-i a ~ ~ t;:, 'Ii II II '"I<SH''' COWONS i PARCEL "C" , ! PLA T BOOK 35. PAGES 31 -32 i i j II i I TRACT 'r ! BERKSHIRE lAKES UNIT f1 i PLAT BOOK 14, PAGES 118-120 o.R. BOOK 2214, ~ PAGE 1656 !:> ~ 0. R. BOOK 2719, PACE 937 OUTPARCEL "0" 5 J2 4 JJ SANTA BARBARA BOULEVARD EXISTING 100' R.O, W. LEGAL DESCRIPnON P ARca 104 ALL THA T PART OF THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2131, PAGE 7959. B[!NG PART OF COUNTRYSIDE AT BERKSHIRE LAKES SECTION 3, TRACT /I, PLAT BOOK 14, PAGES 6-8, COWER COUNTY, FLORIDA. AND BE/NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE NOR THEAST CORNER OF TRACT 11, COUNTRYSIDE A T BERKSHIRE LAKES, SECTION THREE. PLA T BOOK 14, PAGES 6-8, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID TRACT II SOUTH 01'02'15" EAST 26.17 FEU; THENCE NORTH 71'15'44" WEST 32.28 FEU; THENCE NORTH 89'36'22" WEST 729.62 FEU; THENCE NORTH 01'02'15" WEST 76.01 FEU TO THE NORTH LINE OF SAID TRACT 77; THENCE ALONG SAID NORTH LINE SOUTH 89'36'22" EAST 760,00 FErr TO THE POINT OF BEGINNING. CONTAINING 2,714 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, EXHIBIT A **. Page--.2..... of~ LINE TABLE LINE BEARING U SO/'02'15"E L2 N71iS'44"W L3 N89'36'22''w l4 NOI'02'15"w DISTANCE 26.17' 32.28' 129,62' 16.01' LANCE T. MILLER, SSlONAL SURVEYOR &- MAPPER FLORIDA REGISTRA nON LS /5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED mTH THE SURVEYOR'S EMBOSSED SEAL. CERFiFlCA rr OF AUTHORllA nON # L8-43 P"""Ecr NO.' 62081 PARCEL NO. , LEGEND: 1<><:><><YY<><>1 RIGHT OF WA Y R.o.W '" RIGHT OF WAY P.O.8. '" POINT OF BECINNlNG BrARINGS AN BAstf) ON NORTH AJ/!/IfCAJI DAIl.II (N."D) IH.J-rm AD.AJSTl/tNT SlA rr PLANE COfJR()INJ. rr S'\"S'1l'M (CJnD) FOR FlOl'ifOA lAST lCN[. REV/SED 9-21-04 L TM REV/SED 9-29-05 GPRL 1857 CLIENT, COWER COUNTY TRANSPORTA nON, ENGINEERING de CONSTRUCnON MANAGEMENT DIVISION TrrlE, SKETCH AND DESCRIPTION BEING PART OF PARCeL DrSeRIBtD IN OFFICIAL RECORDS BOOK 2131, PAGE 1959, COLLIER COUNTY, FLORIDA PROJECT NO.: $HEtT NU~BE:R: FIlE NO.~ N6022-002-010- TOHWP 104 or XXX 2GG-203 DATE: 04/2002 104- WilsonMilleik'~W~ ,. PIImor, , ~ ' ~~ . anwj'Orr' LArda<:opoArc/Yloclo . Tr~ CondIn/t WiltJonIJi/er, klo. _.FaiIojwJ.s.r_._.r_ 3XXJ/WoyLn,QAo~.___._ ~'Fu _-w._ ___ Oct 07, 2005 - 09: 46: 1 J GlAt~DIX' \SUR\N6022\Sketcn Of Desoipticns\Submitted\2gg20Js104-revdw'i! Agenda Item N . 1 C March 28 2 06 Page 12 f 15 PERPETUAL SLOPE I EASEMENT --..~ PROPOSED R,O, w. __..1 \ COUN~YSlDE AT BERKSHIRE LAKES SECTION 3, ~ACT 77, PLA T BOOK 14, PACES 5-8 780,00' PARCEl.. 604 L5 P~PEruAL SLOPE. I EASEMENT 809 SQUARE FEET o.R. BOOK 2214, g: O.R. BOOK 2131, PACE 1555 & PAGE 1959 EXISTING 100' R,o.W. ~" ~ \ r- ~ ~ r-i'i ~ ~ 8;~ /q ~C') ~ ~ ~ ~ . ~ ~ u.,~ o ~ ~ ~ ~ -r--- ~ ] o 2~ 50.00 200 GRAPHIC SCAlE PART OF OUTPARCEL 'C" I I I i I. BERKSHIRE COMItIONS i . PARCEL 'C" . Iii PLAT BOOK 35, PACES 31-321 i I I , . , I I I I I' I . . , . . . , . i ~ACT 'F" z PLAT BOOK 14, PACES 118-120 O.R, BOOK 2719, PACE 937 OUTPARCEL "D" Uhh.....~..___.n.....__.___._~.___...___...~ 5 32 4 JJ SANTA BARBARA BOULEVARD EXISTING 100' R,o.W. LEGAL DESCRIP770N PARCEL 604 ALL THAT PART OF THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2131, PAGE 1959, BEING PART OF COUNTRYSIDE A T BERKSHIRE LAKES SEcnON 3. TRACT II, PLA T BOOK 74, PAGES 6-8, COLLIER COUNTY, FLORIDA, AND BEING MORE PAR17CULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T mE NORTHEAST CORNER OF TRACT 17, COUNTRYSIDE A T BERKSHIRE LAKES, SEC nON THREE. PLA T BOOK 74, PAGES 5-8, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID TRACT 11 SOUTH 07'02'15" EAST 25.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE SOUTH 07'02'15" EAST 5,31 FEET; THENCE NORTH 71'15'44" WEST 33,27 FEET; THENCE NORTH 89'36'22" WEST 128.58 FfET; THENCE NORTH 0/'02'15" WEST 5,00 FEET,' THENCE SOUTH 89'36'22" EAST 129.62 FEET; THENCE SOUTH 71'15'44" EAST 32,28 FEET TO THE POINT OF BEGINNING. LINE L1 L2 LJ L4 L5 L5 L7 LINE TABLE BEARING 50l'02'15"E 501 '02'15 "E N71'15'44"W N89'36'22"W N01V2'15"W 589 '36 '22 "E 57175'44"[ DISTANCE 26.17' 5,31' 33,27' 128,58' 5,00' 129,52' 32.28' CONTAINING 809,0 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS ~~IT A *** Page~ of-1.Q1 LEGEND: '" "" '" '" '" '" "" "I PERPr:rUAL SLOPE E ASEMEN T kxxx><><>o4 RIGHT OF WA Y TAKING R.o. W. - RICHT OF WA Y <<A/I1NQ$AllrBASEV<JNNORfII po.e. = POINT OF BECtNNlNC _AN DA1tlII (~A.VI II8.l-tlII> AlMlSTlJCNT sTAIr Pl.ANt eo<:WJINA,.. 5rs,.." r_1 'OR fl.()/IJJ)A EAST ZONE. R[VlSED 9-21-04 L 7M REVISED 9-19-05 GPRL 1857 CLIENT, COLUCR COUNTY TRANSPORTA TION, eNGINeeRING de CONSTRUCTION MANAGCMCNT DIVISION TITLE' SKeTCH AND DCSCRIPTION BEING PART OF PARCeL DeSCRIBCD IN OFFICIAL RCCORDS 800K 2131, . PAGE 1959, COLLlCR COUNTY, FLORIDA PROJtCT NO.: SH[(T NUM8ER: FILE NO.: N5022-002-070- TDHWP r04A or xxx 200-203 DATE: 04/2002 LANCE . 'MILLER, SSlONAL SURVEYOR J( MAPPER FLORIDA R[GIS~ATlONLS 15527 NOT VALID UNLESS SICNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFleAT[ OF AUTHORIZATION I L8-43 PA'>JECT 1olO., 62081 PARCEL NO. : 604 Wils"nMillei'M'~~- ... - ,~. ~ . -- 'UndecopeArdVtoo/r . TfflIIporl.IIon CCno<itanIo Wi'BonMlter. tle. .....F<rt~. SIn,d. '_'1_ .llQl/loloyLn.NoIOD'""__,,,,,,, _.,.,-..".._ ___ Oct 07, 2005 - 09, 4S, 57 GLAND!X:\SUR\NS022\Sketch Of De,criptions\5ubmilted\2gg203s604.dwg PARCEL 105 FEE SIMPLE TAKING \ J72J SQUARE FEET COUNTRYSIDE AT BERKSHIRE LAXES SECrTON 3. TRACT 11. PLAT BOOK 14, PAGES 6-8 ~ ~ _iJi c.o r'\.I;;:$ ~ ~~ r..s;:e: ,..."'. ~ '" "i ~: ~ ,.. 0, '!. PROPOSED R,o. W PROPO!P LANDSCAPE & ~ PER1ETUAL EASEMENT, \ OR. BOOK 2/31, O.R, BOOK 22/4, I PAGE 1959 ,,<I "" I ~ 00 "'- ~~ ",-<::, ",'"'. ~ ~ I:::l ............ ~ a ,.., ~~ ~~ ~I:::l ~ \,J'l [XISTlNG 100' P.O.C. R OWN. E, CORNER , . , OF TRACT 1/ [AST LINE OF SECTION 5 5 32 4 J.J [XISTING 100' r R.o.W 1 ~ ~t"'m No ~ March 28, ~~ o 2~!lO 100 200 OUTPARC[L "s' GRAPHIC SCALE 1 C 6 15 ~ ::tIlr) 6::::1 '<: ;:e:C') ~ , , : PART or OUTPAR ,[L 'c' , , I , .1 I 1 , " 'TRACT "F" I:: :: R[ LAKF.<; UNJUL PLAT BOOK 14, PAGES 118-/20 I , .' I , , .1 , : BERKSHIRE COMMONS : I' PARca "C' , : PLA T BOOK 35, PACES 31 -32: , 1 1 , , I I I I I 1 O,R, BOOK 27/9. PAGE 9.37 OUTPARC[L "D" SANTA BARBARA BOULEVARD LEGAL DESCRIP770N PARCEL /05 ALL THAT PART OF COUNTRYSIDE AT BERKSHIRE LAKES SEcnON 3, TRACT II. PLAT BOOK /4, PACES 6-8, COLLIER COUNTY, FLORIDA, AND BONG MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE THE NORTHEAST CORNER or SAID TRACT II; THENCE ALONG THE NORTH LINE or SAID TRACT NORTH 89'36'22" ~ST 160,00 FEU TO THE POINT or BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 01'02'15" EAST 14,67 FEET; THENCE NORTH 89'36'22" WEST 254,04 rEET; THENCE NORTH 00'23'38" EAST /4.67 rEU TO THE NORTH LINE OF SAID TRACT II; THENCE ALONG SND NORTH LINE SOUTH 89'36'22" EAST 253,67 FEET TO THE POINT or BEGINNING, CONTAINING 3,723 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS or RECORD. ~ RIGHT OF WAY TAKING .R,O w. = RIGHT or WA Y 8f~Altf8loSCO~N"'''' P,o'B, = POINT OF BEGINNING =::::~l~fk'~1!' p,oc. = POINT or COMMENCEMENT SYS1!'J/ ICIfJIJ) FOIf fI.tJ/IIDA CAS' ZON!. REVISED 9-21-04 L TM REVISED 9-19-05 GPRL/IB57 CLIENT, COWER COUNTY TRANSPORTA T70N, ENGINEERING de CONSTRucnON MANAGEMeNT'DIVlS/ON TlTLl;, SKETCH AND DESCRIPT70N BEiNG PART OF COUNTRYSIDE A T BeRKSHIRE LAKES SECTION .3, TRACT 71, PLA T BOOK 14, PACES 6-8 COLLIER COUNTY, FLORIDA PROJ~Cl NO.: SHEET NU"'!IER: filE: NO.: N5022-002-010- TOHWP 105 or xxx 2GG-20J *** NOT'..4,:SURVEY ***EXHIBIT-Lt Page~ of-LJ:.) At SURVEYOR ct MAPPER FLORIDA REGISTRA LS 15527.' NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFlCA TE OF AUTHORIZA nON i LB-43 PROJECT NO.: 620B1 P....CEL NO, , 10S WilsOnMille,'k-^~'~ ,.. _. ' &Qroeoro ,~. . &roo,on . L__. . T__"'~ WioonM.ier, Inc. _.fa1Io1,<ro._._.r..... 3lQl....,tOlllUolJl.......__.""'" _.'" 1H4H7/I._ ...__ llATE: 04/2002 Oet 11, 2005 - 09:,37; 19 ClANDIX: \SUR\N6022\Sketeh Of Descriplion$\SubmiUf!c1\2qg2035105_rev.(jwg LINE LI L2 LS LINE TABLE BEARINC SOI'02'15'E N89'J6'22'W N00"2J'38"[ OISTANCE 14.67' 254,04' 14,67' LEGEND: TEMPORARY CONSTRUcTION EASEMENT (OURATlON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ,PARCEl. 705 TEJ.(PORARY CONSTRUC77ON EASEMENT 705.0:1: SQUARE FEET \ t; COUN TRYSlDE A T BERKSHIRE LAKES SECTION J. TRACT II, """ L2 PLAT BOOK 14, PACfS 6-8 ~ ~~ ~~ ~..... ~ 0 r>j ~~ R~ ::::!t:::t ~ (.r, O.R. BOOK 2214, PAGE 1656 O.R. BOOK 21J/. PACE /959 ~ Co 10'" wOl Qi~ ""e "'. 'iIIi;' [XISTING 100' P.O.C. R 0 W. N.E. CORNfR , . . OF TRACT 11 [AST LlN[ OF S[CTlON 5 5 32 -# 33 [XISTING 100' ( R.O,W. 1 LEGAL DESCRIPTION ~ /- D2~~ 100 OUTPARCfL 'B" GRAPHIC SCALE 200 ~ ~O; p~ ::l:~ l;; I I : PART OF OUTPAR CL .C. , , , , ., , , , " , Ii i , , .: : . i BERKSHIR[ COMMONS i I' PARCEL .C" , : PLA T 800K J5, PACES J/-J2 : , , ., , 'i : , I , , , I I , I I , , ---------------______1 TRACT "r OR. BOOK 2719, PAGE 9J7 OUTPARCEL "D" SANTA BARBARA BOULEVARD PARCEL 705 ALL THA T PART or COUNTRYSIDE A T BERKSHIRE LAKES SECTION J. TRACT 1/, PLA T BOOK 14, PAGES 6-8, COLLIER COUNTY, rLORIDA. AND BEING. MORE PARTICULARL Y DESCRIBED AS rOLLOWS; COMMENCING AT THE THE NORTHEAST CORNER or SAID TRACT 11; TH[NC[ ALONG TH[ NORTH LlN[ OF SAID TRACT NORTH 89'36'22" WEST /60,00 rEn THENCE LEAVING SAID NORTH LINE SOUTH 01'02'/5" EAST 14,67 rEET TO THE POINT OF BEGINNING; LEGEND: I"", '" '" '" '" '" "J TEMPORARY CONSTRUCTION EASEMENT ~ RICHT or WAY TAKING R,Q, W. = RICHT OF WA Y 1If~ All!: BASCiI Ok _11< P,O.B. = POINT or BEGINNING ~:,'~J~:k/~1l' P,O,C. : POINT OF COMMENCEMENT sYSTtII ICI/JOI roll fl.OIIJ(}A cASr /ON!. REV/SED 9-2/-04 LTM REV/SED 9-19-05 CPRL/1857 ClI,NT, COWER COUNTY TRANSPORT A TlON, ENGINEERING 4& CONSTRUCTION MANAGEMENT DIVISION Tiler, SKETCH AND DESCRIPTION BEING PART OF COUNTRYSIDE: AT BERKSHIRE: LAKE:S SE:CTlON 3. TRACT 11, PLA T BOOK 14. PACE:S 6-8 COLLIER COUNTY, FLORIDA PROJECT NO.: SHE"ET NU...eEIt; FILE NO.: N6022-002-010-TDHWP 10SA or XXX 2GG-20.J TH[NC[ CONTINUE SOUTH 0/'02'15" [AST 5.00 r[[T,' TH[NCE NORTH 89'36'22" WEST 14/.04 rErr; TH[NCE NORTH 00'23'38" [AST 5.00 rEET; THENCE SOUTH 89'36'22" EAST /40.9/ FrET TO THE POINT or BEGINNING, CONTAINING 105 SQUARE FrET, MORE OR LESS. SUBJECT TO EAS[MENTS AND RESTRlcnONS OF RECORD, *** NOT, A' SURVEY *** EXHIBIT A Page-k... of.J..Q) OF. Jl.CSURVEYOR ,& MAPPER FLORIDA REGISTRA L5..{5521 . NOT VALID UNLESS 'SIGNEO BY THE SURVEYOR AND SEALEO WITH THE SURVEYOR';; EMBOS'SED SEAL CERF/FICA T[ OF AUTHORIZA TlON I L8-43 PROJECT NO.: 62081 PARCEL NO, : 705 WilsDnMillerk.~~'~ .. Frvlnon. &-. . EcoIot1i6I. . &nw_. ~_ . Tr"-"",,, ~ WIlBOIlMIer, 011<:. ""Fln~'_'_'I"", .m>IlIIerLMlo 1lIf1fllJ. "'-lIIl5et._ __. Fv -..". _ __ OI.TE: 04/2002 Oct 11, :W05 - 09: 44: 41 CLANDjX: \SUR\N6022\Skelc" Of DescrrptlOr"l$\SUbmitted\2g920~5705.dW9 LINE LI [2 LJ L4 L5 LINE TABLE BEARING SOl '02'15"[ 501 '02 '/5 "E N89'J6'22"W NOO '2J'38 "E S89 'J5 '22"[ DISTANCE 14.67' 5,00' 14/.04' 500' 140,91' EXISTING 100') R.o.W. P.O.C. N. W. CORNER SECTION 4 5 4 32 JJ ~ "" 10" ~...: ....'" .... -' 7S.00' ...... .},pn4.:.4.JJ. !'i ~ ~- o 25:>0 .00 GRAPHIC SCALE :~~tem No. March 28, I - . ~I 0 200 C 06 15 WEST LINE or SECTION 4 EXISTING 100' R.o.W. SANTA BARBARA BOULEVARD TOTAL 2746.36' LINE TABLE LINE BEARING L1 N8rtlS'WE L2 S44'J8'44'W LJ N01V2'IS'W DISTANCE 9.77' lJ.65' 9,3J' PARCEL 106 FEE SIMPLE TAKING 46 SQUARE FEET '" '" !'>> '" ..... O,R. BOOK 1983, PACE 3434 Cl ~ .... '" ." ~ 1:6. ~ ~ ~ ...... r-- ~ ~ ~ ~ ~ .... ~ ~~ ~~ ;::;:<;) ~ ~ :.J:. b ...... a ;r" ~ t:l SHORES A T BERKSHIRE LAKES, PHASE TWO-A, PLA T BOOK 32. PACES 50-61 ~ ':l;)Vl ~~ ;::;:CJ ~ 2735,03' CURVE NUMBER , RADIUS~ 85.00 DELTA= 43'44',1' ARC- 64,89 TANGENT", 34.12 CHORD= 53.32 CHORD BRC. S4473'.52'W. LEGAL DESCRIP770N: SEE SHEET 106A REVISED 9-21-05 GPRL!18S7 EXHIBIT A Page-2. of 1 {) '7 *** NOT A SURVEY *** PREPARED BY: LANe T R, P OFf AL SURVEYOR &- MAPPER FLORIDA R[CISTRA LSl5627 NOT VALID IJNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFICA T[ OF AU THORllA TlON I LB- 43 BEA~ ARC IMSCo ON NORTH AIICRtCAN O"'1lM (N.AD) 'RJ-1J1D AD.lJSTItIlNr STA TC PLANe CIXW&LWA 1C SYS1DI r/;lO{J) fOR nORlDA (AST ZON(. LEGEND: ~ '" '" "''''' ~i EXISTING R,O. w. kXX><X><X>1 PROPOSED R. 0, W R.O,W. = RIGHT OF WAY P.O.8. = POINT OF BEGINNING PO.C. - POINT OF COMMENCEMENT PROJECT NO.; 62081 PARCEl NO. ; 106 CLIENT; COLUER COUNTY TRANSPORTA TION. ENGINEERING 6l CONSTRUCTION MANAGEMENT DlVISION 1ITLE; SKETCH OF DESCRIPTION BEING PART OF SECTiON 4, TOWNSHIP 49 SOUTH, RANGE: 25 EAST, COLLIER COUNTY. FLORIDA PROJECT NO.: N5022-002-070- TDHWP DATE: 04/2002 nL( NO.: 2GG-203 WilsfmMillerk-~Ud~- " PIa,.".,.,. ~. ~~. ~. ~ArdiI_. T_Cav<i/.,,~ Wisonl.l&r, "'c. '"'*' . """.. . SIrul* . .._ . r_ 32OOlldoylMllab!Jl.,...._-.,.".""" __.ft: NH4H7fI....._.... Oct 07, 2005 - 09: 50, 29 GLANO!X, \SUR\N6022\Sketch Of Oesc,;ptions\Subm;tted\2g920Jsl06.dwg Agenda Item No C March 28. 06 Page 160 15 FEE SIMPLE INTEREST LEGAL DFSCRIPTlON PARcel NO...J..QL ALL THAT PART OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLliER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4; THENCE ALONG THE NORTH liNE OF SAID SECTION NORTH 87'45' 14" EAST 98,44 FEET; THENCE LEAVING SAID NORTH SECTION LINE SOUTH 02'14'46" EAST 75,00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF EXISTING RADIO ROAD RIGHT OF WAY NORTH 87'45'14" EAST 9.77 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE SOUTH 44'38'44" WEST 13.65 FEET TO THE EAST RIGHT or WAY LINE OF SANTA BARBARA BOULEVARD; THENCE ALONG SAID EAST LINE NORTH 01'02' 15" WEST 9.33 FEET TO THE POINT OF BEGINNING. CONTAINING 46 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A Page-L of.JJD.. REVlS[D 9-2/-05 GPRL//857 R. P. OF[, AL SUf?V[YOR ct MAPPER LS 15627 NOT VALID UNLESS SIGNEO BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED S[AL. CERFlFlCA TE OF AUTHORllA TlON I LB-4J 'CAlllNGS ARr IIA5rD ON .eRD< Au{RJr;A. DArw (..A.D) IW-III0 AlWS7111:.T sTAIr Pl.ANC CODI/DINArc srsrru (CIIJIJ) FeR neRft), CAST ZONt. *** NOT A SURVEY *** PROJW NO" 62087 PARCEL NO. , 106 Wils;nMillel.'~~'~ PlomorI . ~ . Ec%gIoII . suw,.,.. . LIndoctpt AtdIotoo:fo . TI'IIllpOrloIlon ContUt."" ~,Olc. ,..,. Faf_. _. _ .r..,. 3lQl1l%y~&M1Ql./Iopo;__.__,For~.____ CLOENT: COLLIER COUNTY TRANSPORTA TlON, eNGINeeRING de CONSTRUCTION MANAGCMeNT DMS/ON TITLE, LeGAL DeSCRIPTION BEING PART OF SECTION 4, TOWNSHIP 49 SOUTH. RANGE: 2S EAST. COLLIER COUNTY, FLORIDA DAlE: PROJECT NO.: 5"[(1 NUMBER: FlLE NO.: 04/2002 N6022-002-otO- TDHWP 106A or xxx 2GG-203 Oct 07, 2005 - 09: 54: 15 GLANDIX: \SUR\N6022\SketCh 01 Descrjpliol"1s\Subrnit led\2gg20J~'06A.dwQ PARCEL 110 FEE SIMPLE TAKING 834 SQUARE FEE :<: ~ :t! P.O.B. I BERKSHIRE LAKES UNIT t/ TRACT "F~ PARCfL "A PLAT BOOK 25, PAGE:S 3-4 ~ '.- o 2!!lO 100 GRAPHIC SCALE Agenda Item No. C 2 06 f 15 ~ t:l ..... o ::tl ~ t:l ;!l ~~ <t><'J ~--:~..... "ij'''' ~.. <:) . 'b . ~~~~ !';\~ Vi <.,':A.' I . .... .00 COUNTRYSIDE A T BERKSHIRE LAKES SECTION 3, TRACT II, PLA T BOOK /4, PAGES 6-8 ~ "" 5l "'" '" 'f.' BERKSHIRE LAKES UNIT jI TRACT "F~ PLAT BOOK /4, PAGES 118-120 ~ O,R. BOOK 1538, PAGE 121 OUTPARCEL "B" ,.... ~ /'RACT "F" BER SHIRE LAKES UNIT 11 ; PLAT OOK 14, PAGES 118-120 i- 10' UnUTY EASEI/ENT PF:R . o.R.1l 16/2, PAG( 1872 ~ PART OF OUTPARCa .C' " unl.lTY F:ASEJlF:NT PF:R o.R.8. 166~ PAG( 48J I \... ---I i-'0' UTILITY EASEJlF:NT PER ; O.R.B. 1612, PAG( 210 I i BERKSHIRE COMMONS Ii PARCEL "C' ,PLAT BOOK 35, PAGES 31-32 LEGAL OESCRIP710N LINE L1 L2 L3 LINE TABLE BEARING NOO'23']8'E S89'36'22"E 500'07'36 "E DISTANCE 2.39' 227.46' 3,67' PARCEL 110 ALL THAT PART OF BERKSHIRE LAKES UNIT II, TRACT "F", PLAT BOOK 14, PAGES /18-120, COLLIER COUNTY. FLORIDA. AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF BERKSHIRE LAKES UNIT 'I, TRACT 'F", PARCEL 'A" AS RECORDED IN PLAT BOOK 25. PAGES 3-4; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF RADIO ROAD SOUTH 89'35'22" EAST 59.93 FEU TO THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY, NORTHERLY 1.64 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 40.00 FEET THROUGH CENTRAL ANGLE OF 02'20'54" ANO BElNC SUB TENDED BY A CHORD WHICH BEARS NORTH 38"10'42" WEST 1.64 FEET; THENCE NORTH 00'23'38" EAST 2,39 FEIT; THENCE SOUTH 89'35'22" EAST 227.46 FEET; THENCE SOUTH 00'07'35" EAST 3.57 FEET; THENCE NORTH 89'36'22" WEST 226.47 FEfT TO THE POINT OF BEGINNING. EXHIBIT II Page-...:t... ofJi:.2 CONTiJNING 834 SQUARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. *** NOT A SURVEY *** CHORD BEARING N3870'42"W LEGEND: R, P OFf AL SURVEYOR "" MAPPER FLORIDA REGISTRA LS /5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFlCAT[ OF AUTHORIZATION # LB-43 Od 07. 2005 - 09 54 50 GLANOlx, \SCR\N6022\Skelch Of Desc.ipl'On,\S,bmil<eo\2gg203st10REV dwg REV/SED 10/04/05 GPRL/IB57 PROJECT NO.' 62081 P....CEl NO.' 110 CUENT, COLLIER COUNTY TRANSPORTA710N, ENGINEERING !it CONSTRUC710N MANAGEMENT DIVISION T!fLE' SKETCH AND DESCRIP710N BEING PART OF BERKSHIRE LAKES UNIT #/, TRACT 'F", PLAT BOOK /4. PAGES 1/8-120, COLLIER COUNTY, FLORIOA OATt.: I PROJECT NO.: SHEET NUMBER: FILE NO,: 04/2002 N6022-002-OIn- TnwWP "" no YVV ?I"'I"'. ">"'"7 8[A/ONCS .<RC BASEO ON NCR'" AJ/{'R1CjN OA TW (N.AD) J96J- fJ90 A/l.AJSTlIfN' STA I[ Pl.ANf COORtifNA I[ S'lSlfM (CR/O) Fm !1.aNfJA EASllONC. ~"'''' '" '" '" '" "l ~'fr~~~~Y CONSTRUCTION ~ RIGHT OF WAY TAKING R.O, W. = RIGHT OF WA Y P.G.B, = POINT OF BEGINNING P.o.C, = POINT OF COMMENCEMENT Wil"nMUler~'~~~ PiIMen . ~ . Eocq;olo ' ~ . UndocIpe _It . Tr~1lon CMdIn/t w.~, he. ,....F<rtl/jon._'_.T_ .IMlOB%rL... M%>l..... _"'IlH>l'. ""'" __. Fu HH4HllI' W_ __.aIII COUNTRYSIDE A T BERKSHIRE , LAKES SECnON J, TRACT II, I PLA T BOOl< /4, PAGES 6-8 I' II " LEGAL DESCRIP770N ~ ~ C:> :;:0 ~ ~ Agenda Item No. C ,2 06 ~ -}--ii~e 18 of 15 ~- I o 2~ ilO 100 200 GRAPHIC SCALE: ~ :!:;~ t1:lc) ~~~~ .D\~e~ ;12 ~~f:l Cl <.,:a.:' I . ... BERKSHIRE LAKES UNIT (,/ TRACT "F~ PARCEL "A PLAT 8001< 25, PAGES 3-4 PARCEL 710 TEMPORARY CONS7RUC71ON EASEMENT 11J7 SQUARE FEET P, O.B. BERKSHIRE LAKES UNIT 1/ TRACT 'F~ PLA T BOOK /4, PAGES /18-120 ~ .~ :-J i:-J ~ :~ TEMPORARY ONSTRUCTION EASEMENT OR. BOOK 1538, DURATION: 3 YEARs FROM PAGE /21 COM ENCEMENT OF CONSTAI ~ OUTPARCa "B" .. .......... """I ~ Vi ~~ !:l~ ::E;C) ~ TRACT "F" BER SHIRE LAKES UNIT 1/ PLA T 001< '4, PAGES /18-/20 1-,0.' UT1I.ITY rASCllfNT PfR O.R.e, 1612, PAGE 1672 ! i I M.B. 1612, PAGE 210 .:....j i BERKSHIRE COMMONS j Ii PARCEL "C" I !PLAT BOOK 35. PAGES 3/-32 ! I . I , PART OF OUTPAI?CfL 'C" 5' VTII./TY fASD./rN T P[R o.R.e. 166'- PAct: 4IJJ PARCEL 110 ALL THAT PART OF BERKSHIRE lAKES UNIT /1, TRACT "f", PlAT BOOK /4. PAGES /18-/20, COWEI? COUNTY, FLORIDA, AND BEING MORE PARnCUlARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF BEI?KSHIRE LAKES UNIT ". TRACT "r, PARCEL "A' AS RECORDCO IN PlAT BOOI< 25. PAGES 3-4; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF RADIO ROAD SOUTH 89'J5'22" EAST 69,93 FEET; THENCE LEAVING SAID RIGHT OF WAY; NORTHERLY 1.64 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 40.00 FEET THROUGH CENTRAL ANGLE OF 02'20'54" AND BEING SUBTENDfO BY A CHORD WHICH BEARS NORTH 38'/0'42' WEST 1,64 FEET,' THENCE NORTH 00'23'38" EAST 2,39 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'23'38" EAST 5,00 FED; THENCE SOUTH 89'35'22' EAST 227.4/ FEET,' THENCE SOUTH 00'07'36" EAST 5.00 FEET,' THENCE NORTH 89'35'22" WEST 221.45 FEET TO THE POINT OF BEGINNING, LANC, T R, P OFf AL . SURVEYOR .t MAPPER FLORIDA REGISTRA LS /5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFlCAT[ OF AUTHORIZAnON I LB-43 Oct 11. 2005 - 09,50 47 ClANOIX, \SU~\N6022\Skelch Of De$c"ptions\SUbmiited\2gg203s710.dwg . /0-05-05 GPRL/1857 PROJECT NO., 62081 .ARCEL NO, '710 CLIENT, COlliER COUNTY TRANSPORT A TION. -.. ""IL_ ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION Wils~nMlller' . >nLE: BElNl~NP~F ~~~s~,~fo/Jf!:P~~T #/, ~ TRACT "F". PLAT BOOK 14, PAGES 778-720, -.. ~. Ec<%gIIt.. ar..,.n .l.Indootpo-.o. T,,,,,,,,,",,IIonCaloAtnll COLLiER COUNTY; FLORIDA Wi'8MMIer, m. ""'.FG1~'_'_'T"", oWlBrllrlMlaUl!ll1J.___._ _.",_._ ..__ CONTAINING 1/37 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. *** NOT. A SURVEY *** ,.):: PREPARED 'BY: EXHIB.lT A Page-LL of.J..Q2.. LINE LI L2 LJ CHORD BEARING NJ8'/0 '42 "W LEGEND: 1,,><',", '" '" '" """t kXXX>0<X>f BCARlNCS ARC BASED ON NORTH AMCIIICAH DAllIM (H.A.D) /I/JJ-rm AtwSDItNT STAlE' I'I..ANl r;t)IJ1tDIHA rr $l'Slrll (CIllO) 'M n()I/J(M lAST lONt TEMPORARY CONSTRUCnON EASEMENT RIGHT OF WA Y TAKING R, O. W. = RIGHT OF WA Y P.O,B. = POINT or BEGINNING P.O,c. = POINT OF COMMENCEMENT DATC: 04/2002 Ftl.E NO.: 2GG-20J PROJEct NO.: N6022-002-010- TDHWP 11 'I COUNTRYSIDE AT BERKSHIRE LAKES I SECnON J, TRACT 11, PLAT BOOK 14, II PAGES 6-8 . II OR, BOOK 213/./' PAC[ /959 I, PARCEL 111 FEE SIMPLE TAKING 1,623 SQUARE FEET 5 J2 4 JJ ~ I OR BOOK /538, PAGE /2/ I OUTPARCCL "S" '- 10' I,ITIlITr fAS(UfNT PfII ! OR.8. 16/1, PAC< /871 i i LIt ~ ;:ll~ >::l~ ::::::(,") (;: i-- 10.' vnUTr fASEUfNT PfR j OR.8. /611, PAC( 210. I i ~ 1\1> ic; i~ ~ I~ ~ ;~ ~. jr>l 'r!\.> BERKSHIRf COMMONS ~ ,t.; PARCfL "C" ! !>l I;:; PLA T SOOI< JS, PAGES 3/-32; ~ 110 : ......,. n.nnn....L....lJ I L3 i ; I I I ! ~ ~- I o 25 $0 100 GRAPHIC SCALE PART OF OUTPARCn 'C" .1 C ch 2 ,2 6 Page 19 of 15 I 200 5' UTlUTr fASEUfNT PfR o.R,B, /665, PAC( 48:1 TRACT 'F" '[S UN PLAT BOOK /4, P. 1/8-120 O,R, SOOK 21/9, PAGE 931 OU TPARC[L "0" la' UTiLITY fAS[U[NT PER OR.8. /612, PAC( 2/0 [XISnNG 100' R,o.w [AST LlN[ or S[CTION 32 SANTA BARBARA BOULEVARD [XISTING 100' R,o.W. I *** NOT A SURVEY *** PREPARED BY: W/LSONM ,INC, LEGAL DESCRIPnON ALL THAT PART OF TRACT "F" OF BERKSHIRE LAKES UNIT /1 AS RECORDfD IN PLAT BOOK /4, PAGES 1/8-/20, COWER COUNTY, FLORIDA, AND ALL TliAT PART OF SERKSHIRE COMMONS PARCfL "C~ PLAT BOOl< 35, PAGeS 3/-32 COLLIER COUNTY, FLORiDA AND B[lNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING AT THf SOUTHEAST CORNER OF SAID TRACT "F~' THENCE ALONG THE SO!/TH LINE OF SAID TRACT "r NORTH 89'3622 IIf"ST 256,63 FEET; THENCE NORTH OO'07'J6" WEST 6,00 FEET; THENCE SOUTH 89'36'22" EAST 237.29 FEET,' THENCE NORTH 6o/J'3S' EAST 21,/ T Fa:T TO THE fAST LINE OF SAID TRACT "F": THENCE ALONG SAID EAST LINE SOUTH 00'06'58" EAST 14.64 FEET TO THE POINT or BEGINNING, CONTAINlNC /,623 SOU ARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS Jt RESTRICTIONS OF RECORD LINE LI L2 L3 LINE TABLE SEARING NOO'07'J6'W N661J'3S"E SOO'06'58"[: DISTANCE 6,00' 2/,1/' /4,64' EXHIBIT Il Page....LL. of-.M] LEGEND: ~" "'- "'-"'- ~"::-l [XISTlNG R,O, W. I<XX><X><::><:>I RIGHT OF WA Y TAKING R.O,W. z RIGHT OF WAY P.OB, ~ paiNT OF BEGINNING RE'v7SED 9-2/-04 LTM RE'v7SED /0-0.5-05 GPRL//851 RE'v7SED /0.-/2-05 CPRL//851 CLltNT, COWER COUNTY TRANSPORTATION, ENGIN~RING &- CONSTRUCTION MANAGEMENT DIVISION mLt, SKrrcH AND DESCRIPTION BEING PART OF BERKSHIRE LAKF:S UNIT #/, TRACT "F~ PLA T BOOK 14, PACES 118-120., COLLIER COUNTY, FLORIDA AND BERKSHIRE Co.MMONS PARCD. "C': PLA T BOOK 35. PACES 31-J2, COLLIF:R Co.UNTY, FLORIDA OATE: PROJECT NO.! 5HtET NVUSER; FILE NO.! 04/20.02 N5022-002-01D- TDHWP 111 OF xxx 2GG-20.J ar. AL SURVEYOR t!I MAPPER FLORIDA REGISTRA LS /5621 NaT VALID UNLeSS SIGNED SY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSsrD SEAL. CERFlFlCA T[ OF AUTHDRllA nON I LB-4J PROJECT NO.; 62081 PAACEl NO. : MARtN(;S ARE BAsel) ON NORTH AllCRfCAN OJ. ruu (N.A.D) 'W-I'9O AtMJSTIIlNf stAll' PLANt COORIJINATf srsrru (CIllO) rrJI/ n..... CAST lONC. 111 WilsonMilleiM.~Ud'-- '" FloMon . ~, . EcoIoQiII, . _fOrI . LandocIpo Ardil.." . Tr_d"" C<inouIIIIl~ WIsonMiIar,nc. ... .Fati/yfn._. _.r.... olal?8dlyLn,QbIfX).Noiol__."... _'Ffl_. _ ..._."" Oct 12. 2005 - 09: 57: 17 CLAND!X; \5UR\N6022\Sketch Of D~scr;~ tions\SlJbmitted\2g~203s1i '~n!v.dw9 SANTA BARBARA 5 J2 BOULEVARD 4- JJ P.O.B. . If. CORNER o TRACT '0' SHORE:S A T BERKSHIRE L [S, PHASE oo-A It) 8 :t r- ~ ...., ~ ?q ("") ::::! ~ ~ o.R, BOOK 1983, PAGE 3434 ~ iJ) ~;:::! ~<: :::;;(;) (;{ l:<l ~ ~ iJ) "" ~::-l - ~~ ..: ::E (;) ~ 2:;;. " ~ <." ~ ~ ~ o ~ ~ t'l [XISTING 100' R, 0. W. ~~tf!mN 1 C ~ March 28, 2 6 ~f15 GRAPHIC SCALE ~S T LlN[ OF SEe TION JJ [XISTlNG 100' R.o.W. <1: 8 d ~ ~ '" !>:> ~. ~ .... g <::.' .... r>l '" ~"" ~~ ..: . .... <::i .... r>l '" .... !>> ~ PARCEL 112 FEE SIMPLE TAKING 14202 SQUARE FEET \rJ \>1~ .- o.l "->0, ~~. ,.,,' SHORES A T BERKSHIRE LAKES, PHASE TWO-A, PLA T BOOK 32, PAGES 60.-61 ALL PROPo.SED R.O. W. FALLS mTHIN TRACT "D~ PRESERVA nON AREA AND DRAINAC[ CASEMENT PROPOSED R.o. W. ~ ~ EXHIBIT;1 _ Pa~ / d. of-Lfl.. ~ ~~ q~ ....,. LANe T R, P OFE :4L SURVCyo.R &: MAPPER FLORIDA REGISTRA LS 15627 NDT VALID UNLESS SIGNED8Y THE SURVE:YOR AND SEALED 'MTH THE SURVCYDR'S EM8DSSED SEAL. CERFIFlCAT[ DF AUTHORIZAnDN I L8-43 PROJECT NO.: BCAIffNCS Mt BASCO ON NORTH =:N~::JN~'~rr srsrrl/ (CRIO)I'OR f1.ORIOA CAsr lONe. -.. NOT A SURVEY _.- LEGEND: ~ ""'" ""'" "'''''21 EXISTING R. O. W. ~ PROPDSED R,O,w. R,o.W. - RIGHT OF WAY P.O,8. = POINT OF BEGINNING 62081 "ARCE' NO. , 112 Wils.Millei-'~-- FlaM.rr . ~ . fcoIcgim . Qnwl'"l" . LIncloc:opt NdWcIo . TI-..."....1Icn Cor&IIMfr ~..~ _'Fa1~'_'_'T_ 32OO1IIIoy~SIoICO''''''__IllIl''''''' _.'" _.___ REVISED 9-21-0.5 GPRL/1857 REVISED 6-21-0.5 L TM REVISED 9-21-04 L TM C"t:NT, COWER COUNTY TRANSPORT A nON, ENGINeeRING 4& CONSTRUCT70N MANAGEMENT DIVISION TITLE, SKETCH OF' DESCRIPTION BriNG PART OF SHORES A T BERKSHIRE LAKES PHASr TWO-A. PLA T BOOK 32. PAGES 60-61, COLLIeR COUNTY, FLORIDA PROJtCT NO.: SHErr ~u..aER; FlLE NO.: N6022-002-010-TDHWP 112 OF XXX 2GG-20J Ocl 07. 2005 - 09,58; 36 GLANOlx, \SUR\N6022\S,etch Of Oe.cription.\5ubm;lted\2g9203.1l2_rev.dw9 OATt, 04/2002 Agenda Item N . 1 C March 28 2 6 Page 21 f 15 FEE SIMPlE INTEREST PARca NO. II ~ LEGAL DESf;RIP770N ALL THAT PART TRACT "0" ACCORDING TO THE PLAT OF SHORES AT BERKSHIRE LAKES, PHASE TWO-A, COLLIER COUNTY, FLORIDA, AND BDNG MORE PARTICULARL Y DESCRIBED AS FOLL OWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID PLAT AND THE SOUTHWEST CORNER OF TRACT "0" PER SAID PLAT; THENCE ALONG THE WEST LINE OF SAID TRACT THENCE NORTH 00'07'01" WEST 38,52 FEET,' THENCE LEAVING SAID WEST TRACT LINE THENCE SOUTH 54'06'04" EAST 25.02 FEET; . THENCE NORTH 8744'04" EAST 346,58 FEET,' . THENCE SOUTH 83'16'34" EAST 51.20 FEET; THENCE NORTH 8744'04" EAST 241.93 FEET,' THENCE SOUTH 84'57'41" EAST 120,35 rEET TO THE SOUTH LINE OF SAID TRACT "0"; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 8T45'14" WEST 779.58 FEET TO THE POINT OF BEGINNING, CONTAINING 14,202 SQUARE rEET MORE OR LESS. SUBJECT TO EASEMENTS ,& RESTRICTIONS OF RECORD, EXHIBIT A P8ge...LL ofJ.Q] . REVISED: 9-21-05 CPRL/1857 .R, -p OF[ AL SURVEYOR &0 MAPPER LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR ANO SEALED WITH THE SURVfYOR'S EMBqSSED SEAL. CERFlFlCArE OF AUTHOR/lAnON I LB-4J BfARINCS ARC SASlD ON NOlI III AJlC1I!CAN OATIM (N.AD) '-"-"10 AD.lJStll(NT STAir PL~ C'OCI'ONAI! SI'S'tIi (GRlDI rCl/ """"" (.s' ~ *** NOT A SURVEY *** PROJECT NO.: 62081 PARCEL NO. : 17 2 Wils"nMillei'k-~w,~ ... Pk1rM. . ~. . Ecdosllrll . &rwl<n ' Landocope Ard>fec/o . Tr_ CotwWnIo WiecnYtler, Inc. _.l'a1lo\W>'_._.r_ =1Wor....8h$XJ,___.__.FIl~.___ WE"', COLU~R COUNTY TRANSPORT A TlON, ~NGIN~~RING de CONSTRUCTION MANAG~M~NT DIVISION TlTeE: LEGAL D~SCRIPTlON BEING PART OF SHORES A T BERKSHIRE LAKES PHASE TWO-A, PLAT 800K 32. PAGeS 61-62, COLLIER COUNTY, FLORIDA [M.1E: PROJECT NO.: SHeET NU....SER: FlU: NO,: 04/2002 N6022-002-010-TDHWP T12A or XXX 200-203 Oct 07, 2005 - '0: 00: 14 CLANDjx: \SUR\N6022\Sketch Of Descriplions\SllbmiHed\2gg2031' 2o-rev.dwg 3 I: I ~ .1 ~ . I :.;: ~ ~. ~ ,. -::l c ~ Q;l:l O_1::t:l ~~~ ~;: ::0):,; ~ -o~ ~ s: r>'I ~ ..::::1~ '"'.J ~ ~n ~< :t.: t"'< PERPETUAl." NON-txa.u9W; ROAD ~~IK,I:~fDpARCEL NO. J j:3 1. SI.IJARE FlE'f GERMAN WOODS, I ~ PLA T BOOK 23, PAGE 62 : I g II tI) PROPOSED I I n DRAINAGE ~ 1 ~ EASEMENT . I ~ I I I 2 501.48' (PLA r) 1 ... '!. EXISTING 100' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) 500.81' (PLA T) GOLDEN CA TE: UNIT 7. PLAT BOOK 5, PAGES 135-145 ~ J229 JJ 28 ~ ...-:;..;;;::: ~ _m~ ItAm N. C ~ -, - March 28 2 06 ~f15 o as aD 100 200 GRAPHIC SCALE GOLDEN GA TE: ESTA TES UNIT 30, PLAT BOOK 7, PAGE 58 717 117.1 PROPOSED R.O. W. EASEMENT LEGAL O~CR'PTlON BEING THE ~ST 47 FEfT OF THE EAST 100 FEET OF THE SOUTH 160 FEET OF LOT " GERMAN WOODS, PLA T BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA. CONTAINING 7,520 SQUARE FEU MORE OR LESS. SUBJECT TO EASEMENTS &:- RESTRICTIONS OF RECORD. EXHIBIT -6.... Page...!!L ot.J..Q1 ... NOT. A SURVEY ... " 'R, p, OFE.. J1L SURVfYOR 4l MAPPfR FLORIDA REGISTRA LS /5627 NOT VALIa UNLfSS SIGNCO BY THE SURVf:YOR ANO SEALED WlTIi Tlif SURVf:YOR'S fA/BOSSED SEAL. CERFlF/CA TE: or AUTHORIZA TlON I LB-4J 81:_ ARC /lo4U ON /lOR'" ~~::r3~1F SISI[II (II/ID) 1UI1t-. rm lONt PROJeCT "0., 62081 "ARC" NO, : 11.3 Wil.nMille'.'~uw- -'~'f!ccIopiofr '--'l.rIldocIpo- '~c:.n..m. ~tIc. ""'F<rflOn '-'_.r... lIl1B11or!MlaNrIOD'-'___'/lr:rIr -.rIC."" 1lHCH7lI.___ LEGEND: "'''' '" '" "<"-. '" "J ff.b~~N~AStMfNT ~ PROPOSED R,O,W. EASEMfNT R.O.W. '" RIGHT or WAY C_ltNT, COI.LJER COUNTY 1RANSPORTA TlON, ENGINEERING . CONSTRUCTION MANAGEMENT DIVISION TIT1.t: SK[TCH AND DESCRIPTION SEING PART OF LOT I, GERMAN WOOD~ PLA T BOOK 23. PAGE: 62, COLLIER COUNTY, f"LORIDA c.yt, PROJECT NO" SHErr NUU8E~: FN.E NO., 04/2002 N6022-002-OID-TDHWP 113 OF XXX 2GG-203 Jul 11, 2002 - 08: 24, Jl JNAPIERlx, \SUR\N6022\Sketch Of Descr;pt;ons\Submitted\29920JS11J.dwg ~ PROPOSED I : ~~2~,2 0 <;;b 2 DRAINAGE ~ I ... ~DMr ')1 f EASEMENT . I q~ GERMAN WOODS, I -:--.~~ 0 2~ 50 '00 ~oo PLA T BOOK 23, PAGE 62 . I I GRAPHIC SCALE ~~ . 1 ~ ::\j ),; ~ 501,48' (PLA T) !;') ::.:; 717 717.1 r- ~ r~ ~~ t.lj '-'VI ~ . ~ ~52 I I ~ ~ PERPrnJAL. J I ~ ;-. ~<: 'ON-EXQ.JJS'rF ROAD . I ~ ~. ~ ~ t'-< .0. w.. DlWNAGE. AND . I ~ GOLDEN GA TE ES TA S UNIT 30, ~ \ UTlUTY EASEMENT I "i PLA T BOOK 7, AGE 58 .;::!. '4lM>> SIJJNIE FEET I - 32 29 33 28 160' }~, 8, 160' EXISnNG 100' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) 500.81' (PLA T) 23 t",) ~ I I:::; I I I I :... I I ~ I I I 2 I 3 J I I ~ I I I I ;'l! DA VlD L',4 WRENeE PRE-SCHOOL I I 22 LEGAL DESCRIPTION BEING THE Vlf"ST 100 FEU OF SOUTH 160 OF SEcnON 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SHOWN AS GOLDEN GA TE CANAL PER GOLDEN GA Tf ESTA TES UNIT 7, PLA T BOOK 5, PAGES 135-146, COLLIER COUNTY, FLORIDA, CONTAINING 16,000 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRlcnONS OF RECORD. EXHIBIT A P8(I8.J5:.... ofJ1li ... . NOT A SURVEY... PREPARED BY: R, 'P OF[ AL. SURVCYOR J& MAPPER FLORIDA REGISTRALS 15621 NOT VALID UNLESS SiGNED BY THE SURVEYOR AND SEALED VrlTH THE SURVCYOR'S EMBOSSED SEAL. CERFlFlCA T[ or AVTHORIZA nON I L8-43 LEGEND: ~ PROPOSED R,O, w. EAS[MENT R.O, W. = RIGHT or WA Y /IEARtNfi5 ARC BAsco ON NORJH AJIC//ICAJIllAlUlI (/<AD) INJ-IHD AD.IJSllIDIr srAlr PlA/IE ~11: st'S1I>I (ClflDJ "'" 111"'11' CAST lONE. PROJeCT NO.; 62081 P....CCI, NO. , 11.,. Wil.Miller--~Ud- I'Iomon . ~ . Iioa/Q;;III . ar..,..,. . UndIcope""-"'- . T_ Cond.... WIIorMIer, Inc. _'I'<r1IOW1'_'_.T_ 121>>1lIiIr~"'I/l1}.___,__.Fu~.___ CWENT; COLUER COUNTY TRANSPORTA T1ON. ENGINEERING . CONSTRUCT1ON WANAGEJlENT DIVISION mu:: SKE:1CH AND DESCRlPT10N 8EING PART OF SEcnON 28. TO'MISHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA DATE: "ROJECT NO.1 SHEET HUlIIB!]l: nLE NO.: 04/2002 N6D22-002-010- TDHWP 774 OF XXX 2GG-20.J Jul 11, 2002 - 08: 42: 52 JNAPIERIX: \SUR\N6022\Skelch Of Descriplions\Submltted\299203s114.dwg c;') o t'-4 t3;t;:j qt'!.1 ~~ ~ "1:1_ -\ti~ c;') "1:1 ~ :to: r- '-3 ~~ ,..... -....::. \,t) '.J ~ ~~ """'1;<: ~ t'-4 PROPOSED I : 2 DRAINACE~ I EASEMENT " I GERMAN WOODS. I PLA T BOOK 23, PAGE 62 . I I ,[ ~ 501.48' (PLA T) I fii: ! I ~ ~ , I " I I ~~~ltemN.1 C ~ -} March 28 2 6 ~ ~4 f 15 o 25 IW) 'DO 200 GRAPHIC SCALE: 1 777 ~ 7771 r;;;; eX/STING 30' eASel.(, NT I FOR R.O, W. PURPoses P R PLA T eXISTING 10' [ASCI.(, NT , FOR DRAINAG[ PURPOSES feR PLA T COLDEN GA TE ESTA TfS UNIT 30, PLA T BOOK 7, 1AGE 58 , , _ "1"'- SANT~ BARBARA BOULEVARD FEfiUSJ~~1ffrNG GOLDEN GA TE UNIT 7, N.00'07'35"w' 734.04' PLAT BOOK 5, PAGES 135-146 EXISTING 100' EASEMENT FOR R.o. W. PURPOSES ReEL NO (PER PLA T) PA " 22 ~ ~ :.. ~ ~ ;lIIII P.O.C. S,[, CORNCR OF LOT 1 ---I 23 \..~ 0::: -:::. S,03'33'01"[. I 126,98' L2 i BLOCK 269 i I I lf1l'ltJUf~rtGE 2 i aR.B. 962. PAGE j66 I I I I I DAvlO LAWRENCE PRE-SCHOOL I I 4 3 P.O.B. 1 LEGAL DESCRIPnON ALL THA T PART OF LOTS 1 AND 2, BLOCK 269, GOLDEN GA TE UNIT 7. PLA T BOOK 5, PAGE 135-/46, COLLIER COUNTY, FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEAST CORNER OF SAID LOT I; THENCE ALONG THE SOUTH LINE OF SAID LOT SOUTH 87'53'54" M:ST 99,26 FEET,' THENCE NORTHWESTERL Y 1,95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA V[ NORTHEASTERL Y HA VlNG A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 04'28'28" AND BEING SUB TENDED BY A CHORD WHICH BEARS NORTH 89"50'45" wrST 1,95 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERL Y 39,90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA V[ NORTHEASTERL Y HA VING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 97'27'17" AND BEING SUB TENDED BY A CHORD WHICH BEARS' NORTH 41'52'52" M:ST 35.80 FEET,' THENCE ALONG THE WEST LINE OF SAID LOTS NORTH 00"01'35" wrST 134,04 FEET; THENCE LEAVING SAID M:ST LOT LINE NORTH 89'52'25" EAST 4,61 FEET; THENCE SOUTH 19'02'33" EAST 35,94 FEET; THENCE SOUTH 03'33'01' EAST 126,98 FEET TO THE POINT OF BEGINNING, EXHIBIT--L Page~ of~ CONTAINING 2,164 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRlcnONS OF RECORD, , \ ;," **. -NOT'A ISURVEY *** I,' " ../1. " PREPAf?pO BY: 'WlL ONM ) I' ;.:'} Curve number 7 Curve number 2 Rodiusa 25.00 Dello= 04'28'28" Arc= 1,95 Tongen/= 0.98 Chord= 7,95 Chord Brg, N. 89 '50 '45 "w. Rodius~ 25.00 Del/o= 9/'27'/7" Arc= 39,90 Tongenl- 25,64 Chord= J5.80 Chord 8r9, N. 41 '52'52"w' LINE TABLE LEGEND: .K><X><X><><><l PROPOSED R, a, w, R.o. W = RIGHT OF WA Y p.a,s, ~ POINT OF BEGINNING P.o.C, = POINT OF COMMCNCEMeNT ORB. = OFFICIAL RECORDS BOaK Line Bearing Dislonce LI N.89'52'25"[ 4,6/' L2 S,/9'02'33''[, 35,94' LJ S.87"53'54"W 99,26' R, A OFf AL SURVEYOR !< MAPPER FLORIDA RfGISTRA :'S ,5627 NOT VALID UNLeSS SIGNED 8'1' THe SURVEYOR AND SEALED WITH THfSURVEYOR'S EMBOSSED SEAL. CERF/FlCA T[ or AUTHORIZA TlON I LB-43 BtARWGs AIf{ SAStb ON NORTH AlICIIJCAN IlA IUII/N.H) 1183- /lJO A/).JJS1JJfNr srAJr Pl.AI-E C/Jf'Jif:MIAlf StS1F.w (faD) 'OR nORfDA ~AST ZONe. PROJEC' . NO. 62081 PARCEL NO. : 115 WilsOnMille,..RU.- ,.. ".,...,., , ~, . ~ . -,.". , L.IndocIpo ArcHttdl . T~.IIan~" ~,ne. ,.,. .M"", _ ._. T"", .IIlIllllllr!","II1J.,..__,,,,.., _.p,,_,_ ..__ I) ADOlO RCFfFlCNCl TO BLOCK 269 - SKlTCH d: I1'GAL J-T-06 CUEN': COWER COUNTY TRANSPORT A TlON, ENGINEERING 4& CONSTRUCTION MANAGEMENT DIVISION mCE: SKETCH AND DESCRIPTION BEING PART OF LOTS 1 AND 2. BLOCK 269, GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGE 135-746, COLLIER COUNTY, FLOR/DA DATE: PROJECT NO.: SHEn NUl.ISEfIl: fiLE /110.: 04/2002 N6022-002-070- TDHWP 115 or xxx 2GG-20J J.l(Jr 01, '006 10: ?J: 27 LMIlI.ERIX;\SUR\Nf.022\Skelc:h Of Oescript;ons\Submillnd\2gg20:\<;!15.dwg , 329,JO' (PLA T) I 117 177.1 2 II SOUTH 150' NORTH 180' ~ II OF TRACT 17 7, OF TRACT 117 ~ '-l II ~ t:o~ <lQ a~ ll: IfW .... ~~ !'::> NO. '<> ""~ ~ .... s: ~ !--<~ : I .;::! :.. ~g .;::! ~V) I V) PR~ PfRPrnJAL. ~ NON-EX! US/lIE ROAD I R.O,w., 'AlNAGE. AND uTlUrr EASB/ENT ,,11I FEET .' --" P.O.B. P.O.C. S.E. CORNER OF TRACT 1/7 EAST LINE OF SECTION 29 GOLDEN GA TE UNIT 7, PLAT BOOK 5, PAGES /35-/46 -=----:-:- 1 2 3 GOLDEN GA TE CITY UNIT 7, PLA T BOOK 5, PAGES /35-/46 BLOCK 269 ~ ~tem No ~~28, ~ M,OO 200 GRAPHIC SCALE C 06 15 ~ o 2~ GOLDEN GA Tf ES7: TfS UNIT 30, PLA T BOOK 1, PAGE 58 116 115 PROPOSED R,o.W. EASEMEil -"-" EXISTIN 53' EASEMENT FOR R, ,w. PURPOSES (P R PLA T) SANTA BARBARA BOULEVARD 5 6 LEGAL DESCRIPl10N ALL THAT PART OF THE SOUTH /50 FEET OF TRACT 117, GOLDEN GATE ESTATES UNIT 3D, PLAT BOOK 7, PAGE 58, COLLIER COUNTY. FLORIDA, AND BClNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 117. A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANCE 26 EAST, COLLIER COUNTY. FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'38'22" VrfST 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'38'22" I1€ST 7/.85 FEET,' THENCE LEAVlNC SAID SOUTH TRACT LINE NORTH 00'/7'37" I1€ST /2.47 FEET,' THENCE NORTH 77'39'37" EAST 38,84 FEET; THENCE NOR THERL Y 11 0.84 FEET ALONG THE ARC OF A CIRCULAR CUR V[ CONCA VE I1€S TERL Y HA VlNG A RADIUS OF 2,928.00 FEU THROUGH A CENTRAL ANGLE OF 02'/0'08" AND BEiNG SUBTENDED BY A CHORD WHICH BEARS NORTH 07'02'09" WEST 110.83 FEET.' THENCE NORTHERL Y /9.55 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA II[ EASTERL Y HA VlNG A RADIUS OF 3,06/.00 FEET THROUGH A CENTRAL ANGLE OF 00'2/'57" AND BEiNG SUSTENDED BY A CHORD WHICH BEARS NORTH 07'56'/5" I1€ST /9.55 FEET,' EXHIBIT II THENCE NORTH 89'3"5'" EAST 49,9/ FEET,' f7 THENCE SOUTH 00'07'35" EAST /50.09 FErr TO THE POINT OF BEGINNING. Page-Ll.. of.JQ CUR VE TABLE NO. RADIUS DfL TA ARC TANGfNT CHaRD CHORD BEARING / 2928.00' 02'/0'08' 1/0.84' 55.43' 1/0.83' N.07'02'09'W. 2 305100' 00'21'57" /9.55' 9.77' /9.55' N.07'55'15"W. CONTAINING 6,696 SQUARE FEU MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. ... NOT A SURVEY... PREPARED BY: LINE TABLE Line Bearing LI S.89'38'22"W. L2 S,89'38'22"W. LJ N.0077'37''W, L 4 N. 77'39'37"[, l5 N.89'J/'5/ 't. Ois/once 53.00' 7/,85' 12,47' 38.84' 49.91' R, P OFE Al SURVF:YOR &: MAPPER FLORIDA REGISTRA LS /5627 NOT VALID UNLESS SIGNfO BY THE SURVF:YOR AND SEALED WITH THE SURVF:YOR'S EMBOSS[D SfAL. CERFlFlCA TE or AUTHORIIA nON I lB-43 OCARINCS ARE BASED ON N(IlTH ANlRtCAN l10I rw (N.A.D) JH)-tHe AfMJSTl/CNr Sr,4TC f1f.N€ COOItOINAlC S,,1tII (C1IItJ) fOIl fttR/{JA (AST ~ PROJECT NO.' 62081 PARCEl. NO. : 116 LEGEND: I""""""""""" "" 'i VbS~NlASfMENT ~ PROPOSED R,O. W. EASEMENT R. O. W. = RIGHT aF WA Y p,a,c. = POINT aF COMMENCEMENT p.a.B, = POINT or BEGINNING Wils;nMiller-'~~"~ I'l8MIo'> . ~ . E<:oioQoOfv . Slno)<n . ~ArdVI_ . Tr~.""" Ccw>Ic.IJcnI, Wisonl./k; Inc. _''''''~'_'_'T_ :PJl8doyLw,abJaJ.___._ _."" fH4H7I._...-... ClI(NT, COLLIER COUNTY TRANSPORTATION, ENGINEERING .t CONSTRUCTION MANAGEMENT DIVISION TnlE, SKF:TCH AND DESCRIPTION BONG PART OF THC SOUTH ISO' OF TRACT 177, GOWEN CA TE CSTA TES UNIT JO. PLA T 800K 7, PACE 58, COLLICR COUNTY, FLORIDA DAlE: PROJECT NO.: SHEeT NUMSER: F"IlE NO.: 04/2002 N6022-002-010- WHIM> 116 OF XXX 2GG-203 Nov 12. 2002 - 1 J; 29; 05 LMILLERIX: \SUR\NS022\Sk'tch Of Oesc,;pt;ons\Svbm;lled\2gg20J.1I6.dwg --1-> ~ 2 :1 :t. ~~ II C)~ ~:.,; L N<:: _ ~@I II ~tJ) Vi R; 1 329.30.' (PLA T) 117 117.1 ~ o .. ~... ~ltemN. C ~ -, March 28 2 6 ~6 f 15 ~ 1~ 2~ GRAPHIC SCALE SOUTH 150' OF TRACT 117 NORTH 180' OF TRACT 117 ~ ~ ,J{1 GDLDEN GA TE EST. TES UNIT 3D, PLA T BaOK 7. PAGE 58 ~ :.. .;:! PARCEL ~ '" ~ ~ :.. .;:! 116 114.1 iL.. PRDPDSED ~o..w. EASE~E7l "" ... ~ !<> g~ (7) ;!: ~ ~ ~ ~ ~ -- - . . [XISTIN~53' EASEMENT FDR R. . W PURPOSES (P R PLA T) SANTA BARBARA BOULEVARD EAST LINE aF SECTIDN 29 1 2 3 5 6 LEGAL DESCRIPTION. ALL THA T PART OF THE NORTH 180. FEET OF TRACT 117. GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 1. PAGE 58, COLLIER COUNTY, FLaRIDA, AND BEING MORE PART/CULARL Y DESCRIBED AS FDLLDWS; I GaLDEN GA TE CITY UNIT 7, PLAT BaOK 5, PAGES 135-146 BLOCK 269 COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 117, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID EAST SECTION LINE. AND ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'51" WEST 53.00 FEU TO THE POIN T OF BEGINNING; THENCE SOUTH 0.0.'0.7'35" EAST 180..00 FEET,' THENCE SOUTH 89'31'51" WEST 49,91 FEET,' THENCE NORTHERL Y 180..89 FEET ALONG THE ARC OF A CIRCULAR CURl([ CONCA I([ EASTERL Y HAVING A RADIUS OF 3,0.61,0.0. FEU THROUGH A CENTRAL ANGLE DF 0.3'23'0.9" AND BEING SUBTENDED BY A CHORD WHICH BEARS NDRTH 0.6'0.3'41" WEST 180,86 FEET.' THENC[ ALONG THE NORTH LINE OF SAID TRACT NORTH 89'31'51" EAST 68.61 FEET TO THE paINT OF BEGINNING, CONTAINING 10.,829 SQUARE FEU MORE OR LESS. SUBJECT TO. EASEMENTS &- RESTRICTlaNS OF RECDRD. EXHIBITL Page-1l... of.JQ1.. .."'NOT A SURVEY... CURVE NUMBER / R. P. orE ~L SURVEYOR 4' MAPPER LS #5627 NOT VAUD UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFlCA TE OF AUTHORI!A nON # LB-43 Rodius- 306/,00 Delta: 0.3'23'0.9" Arc: /80.89 Tongenl: 90.41 Chord- /80.86 Chord Br9. N.o.6'o.3'41'W, LEGEND: h. '" '" '" "''''''' "1 ~XbS~N~ASEMENT ~ PROPOSED R.o. w, EASEMENT R.o.W = RIGHT OF WAY PO.B. : POINT OF BEGINNING p. 0 c. ~ POIN T OF COMMENCEM[N T BfARfNCS ARC BASED ON NORTH AMeRICAN DA1lIiI (N.A.D) 1I8J-IHD AD.AJSD/ENT STAir PI.AI€ COI:Il1f/1INArr M1I:M ICRfO) rat fl(JR1!IA (AS' lOHr. PROJECT NO.: 62081 ."CEL NO. , 117 WilsqnMille;:'K'~~'- PIA...... . ~ . E~ . s....,...., . l_ Ar1:Moclf . Tl'IIllpl>'1."", CoMIlonIt WUonl.lller. Inc. ,.,.,. ""'ll'n . __. _ .1. iIlalllll:yl.ll,.UoIO/J'NooliI.__J'""", __'Fe _571._ __"'" /) R[VlS[D BEARING DIRECTION PER COUNTY REQUEST 6-29-05/LTM CLIENT, COLUER COUNTY TRANSPORTA nON, ENGINEERING &: CONSTRucnON MANAGeMENT DIVISION TITLE, SKETCH AND DESCRIPnON BEING PART OF THE NORTH 180' OF TRACT 117. GOLDEN GATE: ESTATE:S UNIT JO, PLAT BOOK 7. PAGE 58. COLLIER COUNTY, FLORIDA PRQJi:CT NO.: SHEET NIJ""SE:Ft: F"IL[ NO.: N6022-o.02-010- TDHWP /17 OF xxx 2GG-20J DATE: 04/2002 Jun 29. 2005 - 08: 31: 0::'. UvlILLFJ~!x; \SUR\N5022\Sketch Of Descrrp1ions\SlJbmdIEld\2gg203s117.dwg I I GOLDEN CATE: ESTATE:S:UNlT 3D, PLA T BOOK 7, PAGUS 58 I 1 NORT't ISO' OF TRACT 116, I TRACT 115, I SOUTH 180' OF TRACT 114 I I~ IN I~ I . I~ I~ I.;::! I I I PROPOSED I f.o.W. EASEM~N~3- . . _ , . _ . . _ . , __ ~ I ~ I ;,,: <..: I ~ ~ I . ;. I 330.00' (PLA T) 00 116 ... s::> 117.1 <0 ..... ~ SOUTH 180' "" OF TRACT 116 .;::! NORTH ISO' OF TRACT 116 -" P.O.B. ~ ~lt"'mN. C ~ -, ~ March 28 2 6 ~7 f 15 200 114.1 CURVE NUMBER 1 RADIUS- 306/,00 DEL TA= 03'22'20. ARC- 18Q 16 TANGENT", 90./7 CHORD- 180,13 CHORD BRG. N,02'40'S7"W. - P.O.e. SE CORNER OF TRACT 1/6 EXISTING 53' EASEMENT FOR R.ta. w. PURPOSES (PER PLAT) EAST LINE OF SECTION 29 SANTA BARBARA BOULEVARD GOLDEN GA TE UNI T 7, PLAT BOOK 5, PAGES 135-146 3 4 5 6 7 GOLDEN GA TE CITY UNIT 7, PLA T BOOK 5, PAGES 135-146 8 BLOCK 269 9 LEGAL DESCRIPTION ALL THA T PART OF THE SOUTH 180 FEET OF TRACT 116, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COWER COUNTY, FLORIDA. BDNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 116, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE LEA VlNG SAID EAST SECTION LINE, AND ALONG THE SOUTH LINE OF SAID TRACT 116 SOUTH 89'31'51" OCST 53,0.0. FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'31'51" WfST 68.61 FEET,' THENCE LEA VING SAID SOUTH TRACT LINE NORTHERL Y 180,16 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA V[ EASTfRL Y HA VlNC A RADIUS OF 3061,00 nET THROUGH A CENTRAL ANGLE OF 03'22'20" AND BEING SUB TENDED BY A CHORD WHICH BEARS NORTH 02'40.'57" WEST 180.13 FEET,' THENCE NORTH 89'31'51" EAST 16.65 FEET,' THENCE SOUTH 00.'0.1'35" EAST 180.,0.0 FEU TO THE PO/NT OF BEGINNING. CONTAINING 13,233 SQUARE FEU MORE OR LESS. SUBJECT TO. EASEMENTS & RESTRICTIONS OF RECORD. ... NOT A 'SURVEY... PARcel NO. II g ,__". if R, P OF[ AL SURVEYOR &- MAPPER FLORIDA REG/STRA LSI5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICA TE: OF AUTHORllA nON I LB-43 BfARINCS Nt! lWilo ON N()R"., AJIfINCAN OAlUJI (N.A.D) IH.)-IIJO AD.AJS1IICNr STATE "'AN! CfJ()R/)INA P[ sO'S"" (GR1O) roll n-.. CAS' lOHC. ..ROJECT NO.: 62081 PARCEl NO. : 118 Wil.MiIIBi-'~~"~ ,.",."",., . ~ . Ewio(1fIf . &.noolQ'l , ~_ . T"""""",,,,,, CanM"., WRBanWIer, he. JO,;oo.FlIrl......_._.r_ 3/Dl1loloylM,.uo2flJ.___.""", _,,., WI-UJ-5l16._ ___ EXHlBlTA Parle1LfiJD LEGEND: "'~ '" '" '" '" "\~ ~~b~~N~ASEM[NT ~ PROPOSfD R.O, W. [ASEMEN T R.O,W. = RICHT OF WAY P.O,8. .. POINT OF BEGINNING P,O.c. = POINT OF COMMENCEMENT C"ENT, COUJER COUNTY TRANSPORTA TlON, ENGINEERING ~ CONSTRUCTION IJANAGENENT DIVISION TIT,,: SK~ AND DESCRIPTION BEING PART OF THe SOUTH 180' OF TRACT 116, GOLDeN GA TE: eSTA rrs UNIT JO, PLA T BOOK 7, PAGe :!8, COLLIER COUNTY, FLORIDA DATt: PROJECT NO,: $HEET HuYSER: FILE "'0.: 04/2002 N5022-002-0I0- TOHM' 118 OF xxx 2GG-203 No... 1.J. 2002 - 10: 55: 51 LM1LLERI'X: \SUR\N6022\Skelch Of Ocscriptions\SUbmilted\2gg20Js118.dwg JJO.OO' (PLAT) JJo. 00' (PLA T) JJO.OO' (PLA T) I GOLDEN GA h:- ESTA TES UNIT 30, TRACT 115 PLA T BqOK 7, PAGES 58 116 I 114 I 114.1 I ~ ~ I I NORTH 150' OF TRACT 116, I ~~ ~: ~ !: TRACT 115, 19l ~~ ~~ ~ . I c . ~~ NORTH 150' '::>. SOUTH 180' OF TRACT 114 ~: SOUTH 180' .~ OF TRACT 116, ~ ~I Oq TRACT 114, ~~ ~~ . PROPOSED PERPETUAL, PARCEL Nb. ~ );: NON-EXCLUSI'vf ROAD ( I C') C') I """i """i R.O.W., DRAINAGE. AND I - - I - ~ U77UTY EASEMENT I "" ,]9,978 SQUARe FEET I N. '.J~'o5' I .J.I..],], Co I N.OO'07'J5"w' 216,81' N, 0"07']5"11( 259.87' .130.01 EAST UNE OF S.00"07'.J5'c, GOLDEN GA TF: UNIT 7, SEC770N 29 PLAT BOOK 5, PAGES 135-146 5 6 8 9 10 11 7 GOLDEN GA TE CITY UNrT 7, PLA T BOOK 5, PAGES 135-146 LEGAL DESCRIPTION ALL THAT PART OF THE NORTH 150 FEET OF TRACT 116, TRACT 115, AND T1{E SOUT1{ 180 FEET OF TRACT 11"1, GOLDEN GATE ESTATES UNIT JO, PLAT BOOK 7, PAGE: 58, COLUE!? COUNTY. A.ORIOA, ANa BaNG MORE PAR71CULARL)" DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNE!? OF SAla TRACT 115. A POINT ON THE fAST UNf or: SEC710N 29. TOM/SHIP "19 SOUTH, RANGE 26 EAST; COWER COUNTY. FLOR1DA; THENCE: ALONG SA1D SECTION UNE SOUTH 00'07'.J5" EAST 150.DO FEET; THENCE LEAVING SA1a SECTION UNf SOUrH 89'.J1'51" Hn'T 5J.DO FEET TO T1{f POINT OF BEGINNING; THENCE SOUTH 89'31'51" Hf:ST 76,65 FEET; THENCE: NORTHERL)" "16. "18 Fm' ALONG THE ARC OF A CIRCULAR CUR'If CONCA 'If EASTERL)" HA VlNG A RADIUS OF J, 061. 00 FEET THROUGH A CENTRAL ANGLE OF 00'52'12" AND BaNG SU8TENDED THROUGH A CHORa WHICH BEARS NORTH 00'3.1'41" IIf'ST "I6A8 FEET,' THENCE NORTH 00'07:3'5' IIf'ST 10J.52 FEET; THENr:t ALONG SOUTH UNf OF SAID TRACT 115 SOUTH 89'31'51" IIf'ST 8.00 FEfT; T1{ENCE: LEAVING SAla SOUTH TRACT UNE NORTH 00'07'J5" Hn'T 259,87 FrrT; THENCE NORTH 1 J'21 '05" EAST .1"1..1.1 FEET; THENCE NORTH 00'07'.15" IIfST 216.81 FEET; THENCE NORTH 89'31'51" fAST 4J.00 FEET,' T1{ENCf SOUTH 00'07'.15" EAST 180.00 FEET TO THE NORTH UNf OF SAla TRACT 115,' THENCE LEA VINe SAla NORTH mACT UNf SOUTH 04'.J8'00" EAST JJO,87 FEET TO T1{E SOUTH UNf OF SAID TRACT 115; THENCE ALONG SAID SOUTH mACT UNf NORTH 89'.Jl'51" EAST 8.00 FEET; THENCE LEA VlNG SAID SOUT1{ mACT UNf SOUTH 00'07'.J5" EAST 150.00 FEET TO THf POINT OF BEGINNING. BLOCK 269 EXHIBrT~ Page-2Q... of-Kl CONTAINING .19,978 SQUARf FEET MORE OR LESS. SUBJeCT TO EASEMfNTS ct ResmIC'TTONS OF RECORD, REVISED 06-01-0"1 *** NOT A SURVEY *** CUR'If NUMBER 1 ~ ~ o 2ll GO '00 GRAPHIC SCALE r-- J I 200 LEGEND: '" '" '" '" '" '" ~ "1 ~~(f.~N~ASEMENT ~ PROPOSED [YYYVV'VV"1 R. O. w, EASEMfNT R.O.W. - RIGHT OF WA)" P.O.B. .. POINT OF BEGINNING P.O.c. .. POINT OF COMMENCfMfNT O.R.B. - omClAL RfCORDS BOOK PARCaNO,: 119 cUOO: COLLIER COUNTY TRANSPORTATION. ~1.M1~ -- -......- ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION r/l, ,/1, rar mu;: SKETCH AND DE:SCRIPTlON .4 .4 U4 stINe; PART OF NORrH 150' TRAcr 116, TRACT 115, It SOUrH 180' TRACT 114, -'---"Eoa/:lpIIII.an.,..r..I.nIoIpo~.~~ GOLOfJ'/ GATF:ESTA~ UNITJO, PLAT800K 7, PAGe 58, ~. he. COWER COUN7Y, FLORIDA ,.,.,../lrt....'_._.. DATE: P",^,ECT NO,: SHEET HUMBER: FlLE NO" -...,Ial...J:ll.....__.__.""_.__ 04/2002 N80.22-002-010-TOHWP 119 Of xxx 2GG-203 ~n 11, 2004 - 1~:22:4J LJ.I1!.l.ERlX:\SUR\Nao22\S1celdl Of 0-.1ptlono\Submltlod\2gg20301'i.d''ll RADIUS- J061.oo DEl TA- 00'52'12" ARC- 46. #! TANGENT- 2:1.24 CHORD- "16. "18 CHORD BRG. N.OO'JJ'''I1"W. _ ARClI4.D a(-" ~~::m~... SWIIl/ r-J fr1Il'U1111A fAST llJII; PROJE:t:T NO.: EX/snNC 5J' EASEMENT / FOR R. 0, W. PURPOSES (PER PLA T) SA NT A GOLDEN CA TE: UNIT 7, BO PLA T BOOI< 5, PACES 135-146 v 28 ~ ~ . 13 1 f!!: . :;;~ "< ). ..::l 27 2 26 25 PROPOSED I R,O,W. ~ I 3 \ I 24 BLOCK 23D GOLf)[N CA TE CITY UNIT 7. PLAT BOOK 5. PAGES /35-146 BARBARA EVARD ~ ~ltemN.1 C L4 J - March 28 2 6 --'9 f 15 'r,I'- L::::::::l o 2~ 110 100 200 GRAPHIC SCALE EAST LINE or SEcnON 29 c" _6i' _ _ ~'- NO. / JQ. P.O.B. N,E, CORNER or LOT 1 BLOCK 228 COLDEN GA TE: CI TY UNIT 6, PLAT BOOK 5. PAGfS 124-134 ;:ll :.. -.c) "'R ~~ P>~ ~f;l ~ Vl~ --. ~$'\ ~ ~ ~ "tlC :x:.t"" ~t:::l ~~ ~ "<~ ~ UNE 7A81.E LINE LENGm BEARING 1I J6.0/ r. L2 101.'9 'w LJ 6/.38 'w L' 50.16 r.,'w L5 125.69 . 7 CURIf: LENGTH IiA{)/US CI 7. I' 00' CURIf: /ABLE DEL 7A IANCEN7 CHORD BEARING CHORD 7/' 7' 2J.J9 N. 7 . J..,6' LfGAL DfSeRt? TlON ALL THA T PART OF LOT " BLOCK 230, GOLDEN GA TE CITY UNIT 7, PLA T BoaK 5, PAGES 735-146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1 SOUTH 0.0.'0.7'35. EAST 36.0.1 FEET,' THENCE LEAVING SAID EAST LOT LINE SOUTH 8878'36" WEST 102.49 FEET,- THENCE SOUTH 50.'33'28" WEST 67,38 FEET TO THE WEST LINE OF SAID LOT 1; THENCE ALONG WEST LINE OF SAID LOT 1 NORTH 0.0'07'35" WEST 50.26 FEET.' THENCE CONTINUE ALONG SAID LOT NaRTHEASTERL Y 37.61 FEET ALONG THE ARC aF A CIRCULAR CURVE CDNCA V[ EASTERL Y HA VlNG A RADIUS aF 25,0.0. FEET THRaUGH A CENTRAL ANGLE DF 8671'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 45'12'39" EAST 34,76 FEET.' THENCE ALONG NORTH LINE aF SAID LOT 1 NDRTH 88'78'37" EAST 125,69 FrET TO. THE PaINT o.F BEGINNING. CONTAINING 6,167 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF REcaRD. EXHIBIT ;/ Page..dL. of IO! *** NOT A SURVEY *** LANe. T R; .f?, orE. :4[.' SUR'r[YOR ct MAPPER FLORIDA REG/STRA LS 15621. NOT VALID UNLESS SICNED BY THE SURVEYOR AND SEALED 'MTH THE SURVEYOR'S EI.I80SSEO SEAL, CERFlFlCA 7E ot AUTHORIIA nON I L8-43 PROJECT NO.: LEGEND: ~ PROPOSED R.O. W. R.o.W. = RIGHT OF WAY P,O.8, = POINT OF B[c/NNING IlMINGS ..... lAD 1M _TN AMEI/ICAN/M/II/I(N.A.I)) ffIIJ-lWJ ADN$1II[I(r stAIr PL<NC Cl1OIDWo4rr SJS/l1I (_1_ 11_ CAST Z/JNC. 62081 PARctL NO. , 122 Wils;nMilleik'~~- _. ~. Eo%giIlI. a...,..... ~_. ~CllIUriI ~tlc. _,Rlrtlil'n'_'_'_ _...,tM>oa.l2l.,...__._ _.""'_.___ REVISED 9-21-04 L TM cum COLliER COUNTY TRANSPORTA TlON, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART Of' LOT '. BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGE:S /35-/46. COLLIER COUNTY, FLORIDA PROJECT NO.: SHEE1 NUWBER: riLE NO.: N6022-002-0/0- TDHWP /22 OF XXX 2GG- 20.3 Sop 22. 2004 - '4: 17: 28 UIllLERlx: \SUR\N6022\Skelch Of O...",;pHonl\Submll\*<l\29920JI122-.ndw9 DATE: 04/2002 COLDEN CA TE UNI T 7. PLAT BOOK 5, PAGES 135-145 EXISTING 53' EASEMENT ./ FOR R.O, w. PURPOSES (PER PLA T) SANTA BO BARBARA EVARD EAST LINE OF SECTION 29 ~ _Mtem No C ~ r<.;h 28, 2 06 Page 30 f 15 ~ I o 2~ 50'00 200 GRAPHIC SCALE 28 ""- ~. ) ill: 1 ::;; "'< 125.01' (PLAT) _62. _ _ EP'- 26 ;;::; l:> g.2 ~ :>. -:::t TAKING FEET 27 I~~ 25 125.07' (PLAT) PROPOSED . R,o.~ ~ ~ c;J ....' 1:Xl~'.'~O ~~ :b. b ",~ ~~ ~~ ~~ ~~ ~ ;;::;:::< .... c;J '1"'" .....:t.. ~ ~ SLOCK 228 GOLDEN GA TE CITY UNIT 6. PLAT BOOK 5. PACeS 125-134 24 BLOCK 230 COLDEN GA TE CITY UNIT 7, PLAT BOOK 5, PAGES 135-146 LEGAL DFSCRIP71O/1{ BEING THE NORTH 36 FEET OF LOT 2, BLOCK 230, COLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135-146, COLLIER COUN TY, FLORIDA. CONTAINING 4,320 SOUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A- ~ }d, oUq). ,; I,'~ .~~ /fOXi A' SURVEY ... R, P OFE IlL SURVEYOR .t MAPPER FLORIDA REClSTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S [MBOSSEO SEAL, CERFIFlCA TE OF AUTHORIZA TlON I LB-43 LEGEND: ~ PROPOSED R,O.W. R,O, W. = RIGHT OF WA Y SCARINCS NIt BAS!ll ON 1/01I'" =,,;,:::nfk'~1l SJ'S7CIi r_1 rotI n-... CASr rONE. PROJECT NO.: 62081 ....en NO. , 12.J WilS;nMille"~'~~'- -. ' ~ . Ecc/ogIo" . lU>o,.... . ~ ArdiIocII . 1l"--"1i<n COMIlIII/f W/lICItlI.I/Ier,Inc. ,.,...flrIlil'ft._ .!h_.r"", :t2roSlllyu..,IibKiO,N/p8I._3ItIHSIl._ 1f_.FIt _._ ....__ 1) REVISeD LeGAL 2-21-05 CLIENT: COLLJER COUNTY 7RANSPORTA nON. ENGINEERING . CONSTRUC71ON UANAGEMENT DIVISION TITLE: SKETCH AND DescRIP710N BEING PART OF LOT 2. BLOCK 230. GOLDEN GATE CITY UNIT 7, PLAT BOOK .5. PAGES 135-/46. COLLIER COUNTY, FLORIDA PROJECT NO,r Sl1EtT HUWetR: F'Il.t NO.: N6022-002-010- TDHWP 123 or XXX 200-203 OAT!: 04/2002 Fob 21, 2005 - 11: oB: 57 LM1LLERIX: \SUR\N6022\Skolch Of OoscripbonS\Submillod\299203.123.dW9 EX/STING 53' EASEMENT / FOR R,o., W. PURPo.SES (PER PLA T) BARBARA EVARD EAST LINE or SECT/ON 29 ~ ~ o 2~ ~tAmNO 1 C March 28, 6 ~O 15 !lO.OO 200 GRAPHIC SCALE COLDEN GA T[ UNIT 7. PLAT BOOK 5, PAGES 135-145 ~. :... ,.... ,.... '" "'" ) _6J.: _ _ g,- ~ ~ ..... ,..., co~ ..... '0.,.) ~~ ~b .o,~ ::r;, ~ ~~ ~~ ~~ ~ ~ ~,..., ~; ~~ I ~ ~ BLOCK 228 GOLDEN GATE CITY UNIT 6, PLAT BDOK 5, PAGES 125-134 28 " 27 PROPOSED R.o.W 2 26 25 ~ ;;:; ", 8.3 BLOCK 230 GaLDEN GA TE C/ TY UNI T 7, PLAT BOOK 5, PAGES 135-/46 LEGAL DESCRIPTION BEING THE NORTH 36 FEET OF LOT 3, BLOCK 230, GOLDEN GA TE CITY UNIT 7. PLA T BOOK 5, PAGES 135-146, COLLIER COUNTY, FLORIDA. CONTAINING 4,320 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A Page2.i.. of..J.Q2. ... NOX:"A.t SURVEY ... LANe r R, P OFE AL SURVEyaR &: MAPPER FLaRIOA REG/STRA LS'15627 .f. . NaT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED mTH1HE7 SUR,VEyoR'S EMBaSSEO SEAL. CERflflCA T[ OF AUTHaRfZA TlaN I L8-43 LEGEND: ~ PRopaSfD R.O,W. R.o. w. = R/GHT OF WA Y BfARINCS ARt BASal ON NOR7H NilRICAN..,1lM (N.AD) 'IW-IHD AlMIs1JltNr STAll' PUN! C'tICRD/NA1f S'I'S/!lI (CR1D) rDIIllGlOllA CAST 1_. PROJECT NO,: 62081 PARCCL. NO. : 124 I) REVlSfD LEGAL 2-2/-0.5 CLIENT, COUJER COUNTY 7RANSPORTA nON, ENGINEERING ~ CONSTRUCTlON MANAGEMENT OMS/ON Tltc(, SKETCH AND DESCRIPT10N 8F:INC PART OF LOT J, 8LOCK 230, GDLOF:N GA T[ CITY UNIT 7, PLA T 8DDK 5, PAGES 135-/46, COLLIeR COUNTY. FLORIDA WilS;nMillei'.'~~~ - ' ~ . Eco/c9II1 . ~ 'LIIldooapeNclilo<* . T.....".n.... Cotw.if..1I WisonMIer. k1e. IiI(a .I'ot1/1rn' _. _,,_ =lloIIrl.MO\9.b:xrJ'~__,_ _.Fat JfH4HlfI._ ..._.... [)AlL: 04/2002 PROJi:.CT NO.: N6022-002-01O- TOHWP Feb 21, 2005 - 1140: 28 l.MllLERIX: \SUR\N6022\Sketch 01 Descr"lpl\ons\Submitteo\Z9920Js124.dwg GOLDEN GA TE UNI T 7. PLAT BOOK 5, PAGES 135-146 28 " ~ ::.. ~ ,., -.: 1 27 PROPOSED I R. 0. W. """'\ : 2 \ I 26 BLOCK 230 GOLDEN GA Tf CITY UNIT 7. PLAT BOOK 5, PAGES 135-146 25 \ 3 125.01' (PLAT) 24 ~ !':> 8.4 ~ :.. ~ 125,07' (PLAr) \ 5 (.1,1 SANTA BARBARA ~I EO LEVARD ~ ~ltemN ~ March 2 'J- ~2 o 2& &0 100 200 GRAPHIC SCALE . C 2 06 f 15 EAST UNE OF SEC110N 29 I _6.f _ _ ~'- ~ c;') ....~ C ~~ ~b p,;;) ~ t::t.:l ~~ >: ~ ~~ ~ -::; c;') ~p, -< ~ I ~ ~ BLOCK 228 GOLDEN GA 7E CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 LINE TABLE Unf1 Bearing U 5.00'01'35"[, L2 5. 88'18'36'W. L3 N.00'07'35"w' L4 N.88'18'3r[. Distance 35.23' 64.05' 36.00' 120.00' TAKING FEET I/)5 CURVE NUMBER 4 RAOIUS,. 2016.00 DELTA,. 01'35'27" ARC- 55.98 TANGENT,. 21,99 CHORD: 55,91 CHORD BRG. 5.81'J0'53"w' LEGAL DESCRIPTION ALL THA T PART OF LOT 4, BLOCK 230, GOLDEN GA TE CITY UNIT 7. PLA T BOOK 5, PAGES 135-146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE NORTHEAST CORNER OF SAID LOT 4; THENCE ALONG EAST LINE OF SAID LOT 4 SOUTH 00'01'35" EAST 35.23 FEET; THENCE LEAVING SAID EAST LOT LINE SOUTHWESTERLY 55.98 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2,016,00 FEfT THROUGH A CENTRAL ANGLE OF 01'35'27" AND BEING SUBTfNDED BY A CHORD WHICH BEARS SOUTH 87'30'53" ij[ST 55,97 FEfT.' THENCE SOUTH 88'18'36" WEST 64.05 FEET TO THE WEST LINE OF SAID LOT 4; THENCE ALONG SAID ij[sT LOT LINE NORTH 00'07'35" WEST 36,00 FEET.- THENCE ALONG NORTH LINE OF SAID LOT 4 NORTH 88'18'31" EAST 120,00 FEU TO THE POINT OF BEGINNING, CONTAINING 4,319 SQUARE FEU MORE OR LESS, SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD, EXHIBIT A Page2.L of.Jf2. R, P. OFE Ai SURVEYOR J( MAPPER FLORIDA REGISmA is 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S [MBOSSf:O SEAL. CERFlFICA TE OF AUTHORllA 110N 1 iB-43 ""OJECT NO. 62081 P....CfL NO. , '25 CUENT: COUJER COUNTY TRANSPORTA TlON. JMl.M';j~ -... ......- ENGINEERING. CONSTRUCTION IiIANAGElIENT DIVISION '. ,. rar TITLE: SKETOI AND OESCRIPTlON .1 .J Uj Bc:tNG PART OF LOT ". BLOCK 2.JO, -..~.~._,.....~- .~""~ GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 1.J5-146, 1WIonAIlIer, he. COLLIER COUNTY, FLORIDA ,..., Ii>11/J1t1 . -, --, T_ DAm PROJECT NO.: SHEET NUWBER: F'-E NO,: -...,lAot,UO!lJ._-_.__.,..,_,____ 04/2002 N6022-002-070-rOHWP 125 or xxx 200-203 ... NOTA. SURVEY ... LEGEND: KXX><><><><><l PROPOSED R,o. W. R,O, W. - RI(;I1T OF WA Y P,O.B, - POINT OF BEGINNING IIE_ ARC"'~ cw 1IOR/1/ =:c"DfN:J~k'~rc S>3"1D/ (GRIll) roll ltaICM CArr lONe. Jul n, 2002 - 08;58:30 JNAPIERIX,\SUR\N6022\Skelch Of De9cclption9\Submitted\2gg203sT25.dwg ~; 24 BLOCK 230 GOLDEN GA TE CITY UNIT 7. PLAT BOOK 5, PAGES 135-'46 _61:_ _~~ ~ ~- o 2~ "" 100 GRAPHIC SCALE ~~ltomN. C March 2 , 2 6 ~ 13 f 15 200 3 4 BLOCK 228 COLDEN GA T[ CITY UNIT 6, PLAr BOOK S, PAGES 124-134 23 125.07' (PLAr)' L2 22 ~ ~ ~ ,. '=:! 52 55TH STREET SOUTHWEST 21 1125.07'(PLAT) 6 20 PROPOSED \ R. 0. W. ~ c;) ;R 1:l c ~~ ~b !>>~ ~ t!j ~:;,; ~~ ,.~ <., ~~ ~ ~; ~~ I ~ t;3 BLOCK 21 9 GOLDEN GA TE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 19 CURVE NUMBER 1 7 LINE TABLE RADIUSE 2016.00 DEL TA= 03'25'19' ARCE 120.41 TANGENT.. 60.22 CHORD= 120,J9 CHORD BRG, S,85'00'29"W. 18 Line Bearing Distonce LI S. 00'07'35'E, 28.30' L2 N,OO'07'J5"W. 35,23' LEGAL OfSCRIPTlON ALL THAT PART OF LOT 5, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135-146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE NORTHEAST CORNER OF SAID LOT 5; THENCE ALONG THE EAST LINE OF SAID LOT 5 SOUTH 00'07'35H EAST 28,30 FEET; THENCE LEA VINe SAID EAST LOT LINE SOUTHWESTERL Y 120.41 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A RADIUS OF 2,016,00 FEET THROUGH A CENTRAL ANGLE OF 03'25'19" AND BEING SUB TENDED BY A CHORD WHICH BEARS SOUTH 85'00'29" WEST 120,39 FEET.' THENCE ALONG THE WEST LINE OF SAID LOT 5 NORTH 00'07'35" WC'ST 35,23 FEET; THENCE ALONG THE NORTH LINE OF SAID LOT 5 NORTH 88'18'37H EAST 120.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,883 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD, EXHIBIT A ~ -2:) of-LLL ... NOT A . SURVEY ... R. P. orE. AL SuRVEYOR &: MAPPER FLORIDA REG/STR"A LS 15627 NOT VALID UNLESS SIGNED BY mE SURVEYOR AND SEALED I'rfm mE SURVEYOR'S EMBOSSED SEAL. CERFlFlCATE OF AumORIIAnON I LB-43 LEGEND: K><X><X><><>i PROPOSED R, O. W. R.O,W. = RIGHT OF WAY P.o.B. '" POINT OF BEGiNNING BCAMiCS AI/( 8A.5U> CN _711 oWf/IJCAN DAllIt (N.I..D) INJ-rm AD.AJ$DJCNr srA7r PlANE QXlIIIOfJA rr $l'S1!JI (1IIIfD) "'" It"""" CAST lrIHC. ."OJECT NO" 62081 .ARCE' NO. , 126 Wil.Millei-'~~- pr..."... . ~ . ~ . &nororo . Undot:opo__ . ~II>> C<n<III11/o Wilcn/.IIIlIr. k1c. Nr/*"Forll!wl'8nooi '_"_ :IIa)..,'"'"....IIJO.___.__."'_,_ ___ Jul 1,. 2002 - 08: 5B: 45 JNAPIERIX; \SUR\N6022\Sketch Of Descriplions\Submltled\2gg203s126.dwg CLIENT: COUJER COUNTY 7RANSPClRTA nON. ENGlNEERlNC . CONSTRUC17ON MANAGEMENT DIVISION nT1.E: SKFTCH AND D!SCRIP17ON BeiNG PART OF LOT 5, BLOCK 230, COLDeN CATE CITY UNIT 7. PLAT BOOK 5, PACoS 135-146, COLLieR COUNTY. FLORIDA DATE: PROJECT NO,: SHEET NUMBER: FILE NO.: 04/2002 N6022-002-01O- TDHWP 126 OF xxx 200-203 23 ~. _6~_ _ ff..?'-. ~ 3 ;J;1 ~ :.. '" i~ ~~ -< PROPOSED ."'~ ~~ RO W~ '1 ~j:;:j ~~ ~~ ;::;.... t~ "<). ~ ~ ~~ltomN. C ~ March 2 ,2 6 I _ I - ~4 of 15 o 26 "" 100 200 GRAPHIC SCALE 25 24 BLOCK 228 GOLDEN CA Tf CITY UNIT 6, PLAT BOOK 5, PACES 124-134 22 5 \ 125.07' (PLA T) . L2 55TH STREET SOUTHWEST 7 NO, / 21 <Q :-.. gs. ~ 6 s:: -- ~ -- 20 (PLA r) RADIUS=2406,53' ARC-27.8S' (RADIAL) 125,00' (PLAT) TAKING ME' FEET LINE TABLE 19 BLOCK 219 GOI.DEN GA rr CITY UNIT 6, PLAT 800K 5, PAGES 124-134 Line BtJrJring L1 S,02'4S'05"r, L2 N,OO'07'3S'W. LJ N,88'/8'J7'E, Distance 14,36' 28.30' 93,22' 18 \ CURVE TABLE NO. RADIUS DfL TA ARC TANGENT CHORD CHORD BEARING I 2016.00' 03'27'11"121,55' 60.80' 121.54' S,81:J4'WW. 2 2281.53' 00'39'50.26.44' 13,22' 26,44' N.87'34'SO"f, LEGAL DESCRIPT70N ALL THAT PART OF LOT 6, BLOCK 230, GOLDEN GATE CfTY UNfT 7, PLAT BOOK S, PAGES 735-146. COLLIER COUNTY, FLORIDA, AND BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS; BfGfNNING A T THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE OF SAID LOT 6 SOUTH 02'4S'OS. EAST 14.36 FEET,' THENCE LEA VlNG SAID EAST LOT LINE SOUTHWESTERL Y 121,55 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVfNG A RADIUS OF 2,076,00 FEET THROUGH A CENTRAL ANGLE OF 03'27'77" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 87'34'17" M'ST 121.54 FEET,' THENCE ALONG THE M'ST LINE OF SAID LOT 6 NORTH 00'01'35" WEST 28.30 FEET,' THENCE ALONG THE NORTH LINE OF SAfD LOT 6 NORTH 88'18'Jr EAST 93.22 FEET; THENCE CONT/NUfNG ALONG SAID NORTH LOT LINE NORTHEASTERL Y 26.44 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A RADIUS OF 2,281.S3 FEET THROUGH A CENTRAL ANGLE OF 00'39'50" AND BEING SUBTENDED BY A CHORD WHfCH BEARS NORTH 87'J4'50H EAST 26.44 FEET TO THE POINT OF BEGINNING. CONTAfNING 2,618 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICT/ONS OF RECORD, EXHIBIT IT Page-dL Of-Lfl. ... NOT A SURVEY ... LAN T R. P. OF[, AL SUR'ffYOR it MAPPfR FLORIDA REG/STRA LS 15627 NOT VALID UNLESS SIGNfO BY THE SUR'ffYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFlCA rr OF AUTHORllA nON I LB-43 LEGEND: ~ PROPOSED R,Q.W. R,O,W. = RIGHT OF WAY P.O,B. .. POINT OF BEGINNING B(_ NIC BASIP ON _'" AM/1IICAH ''''lIII (N.A.D) IW-rm AAAlSIMfNT srA/!" I'f.ANf -.orr ft:r1Pl ((11///I) /7)It ItCllllM f.sr lOI/C. PftOolttT NO" 62081 PAACEL NO, : 127 Wils;nMiIIBi.'~w- -. . SlIbn . ~ ' &nI/'Or'I ' l..nlocIpo ArcIIocII . Tr~/lln CaIoUIIIIII IWIonI.IIer; tic:. ..1'<<1......,_._.,... -...,l.Mo,&*Jll.IIIljliIo__.__,rv_,_ ___ Jul 11, 2002 - 08: 58: 57 JNAPIERIX: \SUR\N6022\Sketch 01 OescrIPlions\Submilled\2gg2DJs127.dwg eLLNT: COI.LIER COUNTY TRANSPORTA nON. ENGINEERING . CONS7RucnON IIANAGalENT DIVISION TITLE: SKETCH AND DESCRIP710N BflNG PART OF LOT 6, BLOCK 2JO, GOLDF:N GA TF: CITY UNIT 7. PLA T BOOK S, PAGF:S IJ5-1~6, COLLIF:R COUNTY, FLORIOA DATE; PRWfCT NO.1 storm NUWIER: "l.[ NO.: 04/2002 N6022-002-0/0-TDHWP /27 OF XXX 200-203 25 '" <::l. ~ 3 .... .., "-<: 24 PROPOSED R.O'~4 '1 23 22 5 27 6 20 125.00' (PLAr) (RADIAL) 79 (PLA T) rADIUS=2406.SJ' ARC=< 124,93' 78 (RADIAL) 125,00' (PLA T) _6J: _ _ PJ'- ~ ~Item 0.1 C ~~rch2,2 6 ~ of 15 200 ~ ~ ;;~ ~~ .?>~ ~;:;j ~ Vl~ ~; I ~ ... ~ ~g ~I::l ~~ ~ ~~ ~ '.,l- o Z$ ~ 100 GRAPI-lIC SCALE BLOCK 228 GOLDEN GA rE: CITY UNIT 6. PLAT BOOK 5, PACES 124-134 55TH STREET SOUTHWEST \ \ BLOCK 219 GOLDEN GA rE: CI TY UN! T 6, PLA T BOOK 5. PACES 124-134 7 Line Bearing Dis/once U N,02'4S '05 "w. 14,36' (d,~ LINE TABLE CURVE TABLE NO. RADiUS on TA ARC TANGENT CHORD CHORD BEARING 1 2281,53' 02'41'35' 107,24' 53,63' 107.23' N.85'54'08'f. 2 2016,00' 03'05 'OS' 108.53' 54,2S' 10S.52' S. 787S'OI'W. LEGAL DESCRIPTION ALL THAT PART OF LOT 7, BLOCK 230, GOLDEN GATE CITY UNIT 7. PLAT BOOK 5, PAGES 135-146, COLLIER COUNTY, FLORIDA. AND BflNG MORE PARTlCULARL Y DESCRIBED AS rOLLOWS; BEGINNING AT THE NORTHWEST CORNER or SAID LOT 7; THENCE ALONG THE NORTH LINE OF SAID TRACT 7 NORTHEASTERL Y 10724 FEET ALONG THE ARC OF A CIRCULAR CURl/[ CONCA I/[ NORTHERL Y HA VING A RADIUS OF 2,281,53 FEET THROUGH A CENTRAL ANGLE OF 02'41'35" AND BDNG SUBTENDED BY A CHORD WHICH BEARS NORTH 85'54'08" EAST 107.23 FEET; THENCE SOU THWES TERL Y 108.53 FEET ALONG THE ARC or A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A RADIUS OF 2,016.00 FEET THROUGH A CENTRAL ANGLE OF 03'05'05" AND BflNG SUBTENDED BY A CHORD WHICH BEARS SOUTH 78'18'01" WEST 108.52 FEET TO THE WEST LINE OF SAID LOT 7; THENCE ALONG SAID WEST LOT LINE NORTH 02'45'05" WEST 14.36 FEET TO THE POINT OF BEGINNING, CONTAINING 778 SQUARE FEfT MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT A Page.22.. of-.J.Q2 *** NOT A SURVEY *** LEGEND: ~ PROPOSED R.O.W. R.o.W = RIGHT or WAY P,o.8. = POINT OF BEGINNING LAN R. P OFf AL SURV[YOR & MAPPER FLORIDA REG/STRA LS #5627 No.T VALID UNLESS SIGNED BY THE SURV[yo.R AND SEALED WITH THE SURV[Yo.R'S EMBOSSED SEAL. CERFIFiCA rE: OF AUTHORIZA TlON I LB-43 PROJECT NO.: 62081 p,t,Rcn NO. : 8C~ All( BA$CO ON NOI/1I1 _RICAN llA1l.II (N....O) 'MJ-_ ADJJS1IIOIr SrATt /If.ANE ~7E" SlSrnt ICRJOI f(YI '1"""" CAS' ZCN[, 728 1) REVISED ACREAGE IN LEGAL 8-24-05 COLL/[R COUNTY TRANSPORTA TION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TlTL', SKETCH AND DESCRIPTION BEING PART OF LOT 7. BLOCK 230, GOLDEN GA TE CITY UNIT 7, PLA T BOOK 5, PAGES 135- 746, COLLIER COUNTY, FLORIDA PROJECT NO.: SHEET NU"'BER; riLE NO.; N6022-002-0l0-TDHWP 128 '.f XXX 2GG-203 CutN1: Wil.Miller" """'~, f'iIlr~~. E~ . b.:~ ~ ;':t~~0l';: . : .a~AXA!.cttte":ta . J'r1J~&:il('M,:".~;lT-;"'I: I:V~1J#I.'r.'I"tc.. fJJ,'*'s ~ H;r! iIl'!f1!7 . SJrNC'fll . !itrlsl'a'I . iW1Jll ~awri..l:lP. ~m.". F\I.~~"l5~". rtr,. fi4Hi~~" j.~ 9of.~--1P"f ~ Iillr'~ IWf'AI;t~;;!:io\ Jut 11, 2002 - os: 59: 09 IN^PIERIX: \SUR\N60n\Ske1eh 01 OlSeriplion.\Sub",nled\299203.12S,dwg DATE: 04/2002 EAST LINE OF SECTION 29 "- 28 I\> <:l. 1 ~ 7 "'< 27 I PROPOSED 26 RO~~ 25 3 24 BLOC!< 2JO GOLDEN GA TE CITY UNIT 7- PLAT BOOK 5, PAGES 135-146 ,~efl~A'l ~J . 1 C EXISTING 5J' EA 'MEN rch 28 2 6 FOR R. O. W. PURPOSES Page 36 ' f 15 EAST UNE OF SANTA BARBARA SECTION 29 N.00'07'J,~"W. 91.B7 I.... BOULEVARD ,.. GOLDEN GA TE: UNIT 6, PLA T BOOK 5, PAGES 124-1J4 _ 6.f. _ _ ffJ'- FEE SIMPLE TAKING JJ5 SQUARE FEET I::; P.O."RCEL NO. /(}.q ~ :>. ..,~ ~~ $>l~ ~;;j Cl~ .. .., ~Pl I ~ BLOCK 228 GOWEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 ~ ~g ~t::l ~~ ~ ~~ ~ LINE TABLE Line Bearin9 Dislanr;e L1 N,89'S2'25 "E. 53.00' L2 S.88'18'Jrw. 33,50' CUR VE TABLE NO. RADIUS on TA ARC TANGENT CHORD CHORD BEARING 1 81,00' 46'26'52' 65.66' J4.76' 6J,88' 5. 67'59'04 "E. 2 25.00' 97'3J'48' 39,95' 25,69' J5,8J' N.45'S4'29"W. LEGAL DESCRIPTION ALL THAT PART OF BLOCK 228, GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGE 124-134, COWER COUNTY, FLORIDA, AND BDNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE INTERSECTION OF THE CENTERLINE OF GOLDEN GA TE PARKWA Y AND THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA,' THENCE ALONG SAID SECTION LINE NORTH 00'07'35" M"ST 91,87 FEET; THENCE LEAVING SAID LINE NORTH 89'52"25" fAST 53.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTHEASTERL Y 65,66 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA V[ NORTHEASTERL Y HAVING A RADIUS OF 81,00 FEET THROUGH A CENTRAL ANGLE OF 4626'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 67'59'04" EAST 63,88 FEET TO THE SOUTH LINE OF SAID LOT BLOCK 228; THENCE ALONG SAID SOUTH LOT LINE SOUTH 88'18'3r M"ST 33.50 FEET,' . THENCE NORTHWESTERLY 39,95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 91'33'48" AND BEING SUBTEND[D BY A CHORD WHICH BEARS NORTH 45'5429" M"ST 35.83 FEET TO THE POINT OF BEGINNING. CONTAINING JJ5 SQUARE FEET MORE OR LESS. ... NOTA SURVEY... . ',J EXHIBIT A ~ d2' of-1Q} ~r--- c_ o 25!0 100 GRAPHIC SCALE ~ 200 SUBJECT TO EASEMENTS &- RESTRICTIONS or RECORD, R, P OF[, :4L SUR VEYOFl ct MAPPER FLORIDA REG/STRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVF:'(QR ANO SEALED 'MTH THE SURVEYOR'S EMBOSSEO SEAL, CERFIFlCA T[ OF AUTHORIZA TlON I LB-4J 1Ir_ A/It 1lAm> ON NOR", =~::J~fk/~rr $rslPi ,_) rtJI/ 11_ tAS7 lONt. LEGEND: ~ PROPOSED R.O, W. R, O. W. '" RIGHT OF WA Y P,O,B, '" POINT OF BEGINNING P,O,C, '" POINT OF COMMENCEMENT PROJtCT NO,: 62081 PARcn. NO. : 129 Wil.Miller-'~w- -, ~ .EcoIor/It" .-_. L-.,..~ '~c:moulll1" 1'r'looMIhr, tlc. /IItIII.F<r1......_._.r_ -1IIIl'l.n,Uom.,...__."",. _.,.,_._ ___ ClltNT, COUJER COUNTY 'TRNlSPORTA 71ON, ENGINEERING It CONSTRUC71ON MANAGalENT DIVISION TITLE: SKETCH OF DESCRIP710N 8'/NG PAI?T OF SLOCK 228. GOLDeN GATE: CITY UNIT 6, PLAT SOOK 5. PAGeS /24-/J4. COLLIeR COUNTY, n.OR/VA o.\TEI PRQJtcT NO.: SHttT NUNllt": nLE NO.: 04/2002 N6022-002-0/0-TOHWP 129 or xxx 2GG-20:J Moy 10. 2004 - 14: 57: 60 LMILLERIX: \5UR\NG022\Sketeh Of De,erlplion,\5ubmllled\2gg203.'29.0"'9 ~ LEGAL DESCRIPT7ON:. SEE SHEET 1JOA ,. . , I I l I I I I : I ) I ~ 350.00' (PLA T) ~ 'wa- D :IS ~t"'mN March 28, 2 ~f ~'oo 200 CRAPHIC SCALE ~ GOLDEN GA TE ESTA rES UNIT 30, PLA T BOOK 7, PAGES 58 "" ~ ~ 112 ~ @. PROPOSED PERPE1UAl.. NON-EXCLU57VE ROAD Roo.W.. DRAINAGE. AND UTlUTY EASEJlENT .tf$O SQUARE FEET ~ )0. ~ "" 7 771 PARCELNO. /3G PROPOSED R.O, W. EASEMENT N. 0.0. '07'35 Ow. ------ - SANTA EAST LINE OF SECTION 29 ( ... NOT A SURVEY ... EXHIBIT A page.r1:L o'"iII1 LEGEND: '" "'''' "" '" "" '\ ~ Vf1~N~ASEMENT ~ PROPOSED R.O,W. EASEMENT R.o..W. = RIGHT OF WAY p.o..a, = POINT OF 8EGINNING P. 0. C, = POINT OF COMMENCEMENT o..R.B. = OFFICIAL RECORDS aOOK LANe T R, A oft AL SUR VEYOR &: MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THf SUR'lfYOR AND SfALfD WITH THE SUR'lfYOR'S EMBOSSED SEAL. CERFlFlCA TE OF AUTHo.RIZA no.N I L8-43 WilslJnMillerM'~~'~ ,.. PIomer. . Enginoen . E<oIogioJ. . hwyon . ~ Art:Ht..~ . l'ro"-",,<",,, COMJIw 1oI'II3onM'Ier, Inc. _.Ftrl""".SnIo/I._.T.... .Ill:llBMrlMl<llItm'IIIi*&___'_ _'Fv~._ _..... PROJ"ECT NO.: BtNtINCS ARE BAsrD ON NOItfH AMERICAN "'lW (N.A.P) IHJ-lHO ADJJS7II1:Nf sTAIr PlAll{ corRItNArr Sr'STElI (G1fIO) rtIR n..... CAST ra;r. 62081 PARCEl. NO. : 130 CClE"" COLUER COUNTY TRANSPORTA T1ON. ENGINEERING 6: COHSTRUCT1ON MANAGEMENT DIVISION lITLE, SKETCH OF' DESCRIPT10N BDNG PART Of" TRACT TT2, Co.LDeN CA Te fSTA TE:S UNIT Jo., PLA T BOOI< 7, PACE: 58, Co.LLieR COUNTY, FLORIDA DAT(: 0.4/20.0.2 Nov 1 J. 2002 - 11: 29, OJ lUILLERIX: \SUR\N6022\Skelch Of Desc'ipUons\Submitted\2gg203.13D.dw9 "ROJECT NO.: N6o.22-0o.Z-07o.- TOHWP Agenda Item N. C March 28, 2 6 Page 38 f 15 LEGAL DESCRIPTION PARCEl NO. I ~5C ALL THA T PART OF TRACT 112, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 772, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANCE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'37'57. WEST 97.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LiNE SOUTH 00'07'35" EAST 271.50 FEET,' THENCE SOUTH 89'31'57. OCST 752.42 FEET TO THE WEST LINE OF SAID TRACT; THENCE ALONG SAID H-fST TRACT LINE NORTH 00'28'36" WEST 9.76 FEET; THENCE LEAVING SAID WEST TRACT LINE NORTH 89'37'37" EAST 678.02 FEET,' THENCE NORTH 35'04'00. EAST 773,57 FEET,' THENCE NORTH 00'07'35" WEST 775,88 FEET TO THE NORTH LINE OF SAID TRACT,' THENCE ALONG SAID NORTH TRACT LINE NORTH 89'37'57" EAST 69.00 FEET TO THE POINT OF BEGINNINC, CONTAINING 28,450 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &; RESTRICTIONS OF RECORD. EXHIBIT A P8g8.JL of.J.,QJ LAN T R, P OFf. AL SURVEYOR &r MAPPER FLORIDA RECISTRA LS 15527 NOT VALID UNLfSS SICN[O By THE SURVEYOR AND SfAL[O WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICA T[ OF AUTHORIZA nON I LB-43 8WtI"GS ARC BASCD ON _JJI NoI/:/tICAN!\<1W (N.A,DI ,HJ-IIJD AD.IJS1IJ(Nr SrAT(,r(ANC C'OOI9aNArF srs/Dl (_I TOIl 11-.. CAST lr1N<. ... NOT A SURVEY ... PROJECT NO., 62081 PoIRCU ND, , , JO Wil.nMilleIM-~Ud~~ -. '~r ' ~ . ~ . L.......Ardi!ao1r . T_allorJ CaIou!cn', WJeonI./ho; klc:. _.Frn......_._.r..,. UllIllloy....U.IDD.___.",.., _.Ftt _._ ..._.... ceIENT, cot.UER COUNTY TRANSPORTA nON. ENGlNECRING " CONSTRucnON MANAGEMENT DIVISION mLE: LEGAL DESCRIPnON BEING PART OF TRACT /12, GOLDEN CATE ESTATE:S UNIT 3D, PLAT BOOK 7. PAGE '8. COLLIER COUNTY, FLORIDA DAT[, PROJECT NO.: SH(ET NUUBEft: rILE NO.: 04/2002 N6022-002-0rO- TDHWP IJOA OF XXX 2GG-20:J Noy 13. 2002 - , I; 39: 34 LMILLERIX: \SUR\N6022\Sketch Of O..cdption.\SubmiHed\2g9203S130A.dwg 111.1 177 ~ ~- o 20 ~O 100 GRAPHIC SCALE ~ Itgm N . 1 C March 28, 2 6 I " "f f 15 200 330. DO.' (PLA T) 112 SOUTH 150' OF TRACT 177 NORTH 180' or TRACT 77 7 770 110.1 ~ :- ~ ~ :;: "- SED PERPF:TUAL. N rrE:Xa.tJ9VF: ROAD R.O.rt, DRAINAGE, AND ut{i1TY EASEMENT 11,2 SQIJ.4/E FEET ~i '" ~. ~ :... "- GOLDEN GA TE STA TES UNIT 3D, PLA T BOOK 7, PAGES 58 'y, ~ r...:; ~ ~ fXISTlNG ADDtnDNAL R,o. If. fASfMfNT DRB, /953, PAGfS 428-430. ROPOSED . . _ .. ROE~M~~T~ -- -----.i SANTA 27TH COURT S:W. '" I '\' LEGAL DESCRIPTTON ALL THA T PART OF THE SOUTH ISO.' OF TRACT 111, GOLDEN GA TE ESTA TES UNIT 30., PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BDNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; EXISTING 53' SEMENT FOR R 0. W PIJRPOSES EAST LINE DF SECTlO 29 (PER PL T) BARBARA BOULEVARD GOLDEN GATE UNIT 6, PLAT BDOK 5, PAGES 124-734 COMMENCING AT THE SDUTHEAST CORNER DF SAID TRACT 111, A PDINT ON THE EAST LINE OF SECTfON 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SDUTH LINE OF SAID TRACT SOUTH 89'31'51" WEST 97.0.0. FEfT TO. THE POINT OF BEGINNING; THENCE CDNTlNUING ALONG SAID SOUTH TRACT LINE SOUTH 89'31'51" WEST 69.0.0 FE[T,' THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'0.7'35" rlf'ST 99,69 FEET,' THENCE NORTH 0.0'15'20." WEST 50,32 FEfT,' THENCE NORTH 89'31'51" EAST 82,04 FEfT,' THENCE SOUTH 0.4'47'48" WEST 150,64 FEU TO THE POINT OF BEGINNING. CONTAINING 11,328 SQUARE FEU MORE DR LESS. EXHIBIT A Page-.2L ofJ1.l SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, ... NO,!, A SURVEY... PARCEl NO, 1:3/ '/?, P o.rc AL SURVEyo.R &- MAPPfR FLORIDA RfGISTRA LS 15527 NDT VALID UNLESS SIGN[D BY THE SURVEYDR AND SEALED ltITH THE SURVEYOR'S EMBDSSED SEAL. CERFlFlCA T[ OF AUTHORllA nON I LB-if3 BtAJltN(;S AR[ IlASfD ON HaITH NJ[RiCAH DMW (N.AO) '.NJ..r.PfC AD.lJSDlCNT STArt !'LANe CfXRDINA rr SYS7EII (CRlD) roR Fl-.. CASr lrH. LEGEND: '" '" '" "'''' '" '" 'i ~~fl.~N~ASEMENT ~ PROPOSED R, O. If. fASEMENT R,O, W. = RIGHT OF WA Y P,D,B. = POINT OF BEGINNING P,O,C. = PDINT OF COMMENCEMENT ORB, = DFFlCIAL RfCDRDS BOOK PROJe:CT NO., 62081 PARCEL NO. : 131 Wils;nMiIIBrN'~w",- PloMNo . ~ . Eco/cf1t~ . ~ . lAndooopo~ . T_oIlon COOO<AW, Wo'ionMl'hlr. f>c. _.Fctll/yon'_'_.T_ 3mlloltrl.lot.tJIo200.No;oo.__.""", _'FtlIlH<ll-l7ll._ ..._... CLIENT, COLLIER COUNTY 7RANSPORTA T7ON, ENGINEERING .t CONSTRUCTlON MANAGENENT OlvrSlON TITLE, SKE:TCH ANO OE:sCRIPT7ON BF:ING PART or THE: SOUTH 150' or TRACT 17/, GOLDF:N GA TF: F:STA rrs UNIT JO. PLA T BOOK 7. PAGE: 58. COLLIER COUNTY, FLORIDA ()A.TE: PROJECT NO.; SHEET NUMBEFt: FILE NO.: 04/2002 N6022-002-010- TOHWP IJr OF xxx 2GG-20:S No\! 1.3, 2002 - 11: 40: 28 LMILLERlx: \SUR\N6022\Skelch Of Ol!!scriptions\Submltted\2gg20JslJ1.dwg 330,0.0.' (PLAT) 177.7 111 ~- o n ~- ~lt~mN. C ..elt -, ~ March 28, 2 6 ~f15 50 100 200 GRAPHIC SCAL~ 772 SOUTH 750' OF TRACT 77 7 NORTH 780' OF TRACT 777 170 770.7 ~ ~ ~ :;: -:::! ~ '" ~ ~ ,. -:::! COLDEN GA TE STA TES UNIT 30, PLA T BOOK 7. PAGES 58 EXISTING DD/TIONAL R, a, w. SEMENT O,R,B, /953, "" _ PAGES 28-430 ~ ROPOSED . . _ .. R.o..[~M~~T~ P.O.B. [ STINe 53' EASEMENT F R R,o. W. PURPOSES EAST LINE OF SECTION 29 (PER PLA T) SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 5, 27TH COURT S. W, """ PLAT BOOK 5, PAGES 124-134 I "\' LEGAL DESCRIPTION ALL THA T PART OF THE NORTH 180' OF TRACT 111, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 111, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,' THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'51" M"ST 68,04 FEET TO THE POINT OF BEGINNING,' THENCE LEA VINe SAID NORTH TRACT LINE SOUTH 04'47'48" M"ST 180,76 FEET.' THENCE SOUTH 89'31'51" M"ST 82,04 FEET,' THENCE NORTH 00'15'20" WEST 180,00 FEET TO THE NORTH LINE OF SAID TRACT,' THENCE ALONG SAID NORTH TRACT LINE NORTH 89'31'51" EAST 9196 FEET TO THE POINT OF BEGINNING. CONTAINING 16,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT ;l Page~ of-1Q2 PARCEL NO. /3 /l . ... NOT A ~SURJiEY ... r ". R. P aFE ALSURVEYOR &- MAPPER FLORIDA REGISTRA LS 15627 No.T VALID UNLESS SIGNED BY THE SURVEyo.R AND SEALED IffTH THE SURVEYOR'S EMBOSSED SEAL, CERFlFlCA TE OF AUTHORIZA nON J L8-43 It~ ARC B~C ON NMrH AMl/IJCAN 1M MI /N,A.O) IH)-I", ADJJmItNT STAlC "'AN( COORDINA rr srsrcM ICI/JO) fOIf It_A CAS'lClVC, LEGEND: ~'" "" "" "" "" "" '" ~~~:'N~ASEMEN T ~ PROPOSEO R.O, W. EASeMENT R,o. w. = RIGHT OF WA Y P,O,B, = POINT OF BEGINNING P.o.c. = POINT OF COMMENCEMENT O,R,B, = OFFICIAL RECORDS BOOK .ROJECT NO.: 62081 ....CE\, NO. : 1 J2 Wil.MilleIM-~~'~ ,.,.,.,." . ~ . EcoIog/II, . __ . 1.-.". Ndi<<:II . 1fluwporf.flon ea.cJfIIIIJ WIIlIonMiUer, 1I1c. 1II(ioI.F<ttI(ron'_._.r_ .IllIlIBoIoyLn,UoIQ1.,.,...___._ _."" JH4HIlI.__.... MNT: COI.UER COUNTY 'lRANSPORTA TlON, ENGlH~/NG It CONSTRUCTlON MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTlON BtlNG PART OF' TH~ NORTH 180' OF' TRACT 11/, GOLDeN GA TF: ~STA TF:S UNIT JO, PLA T 800K 7, PAG~ :>8, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHECT MJWSER: FILE NO.: 04/2002 N6022-D02-010- TDHWP /32 OF xxx 2GG-203 Nov I J, 2002 - I': 42' 1 0 Ll4llLER!X, \SUR\N6022\Skelch 01 DesC'iptions\Submitted\2gg203sI32.dwg 330.00' (PLAT) ~ ~Jt"'mN.1 C ~ I >J March 28, 2 6 '..- ~1 f 15 o 2& 50 100 200 GRAPHIC SCALE 110 110.7 NORTH 750' I OF TRACT 770 GOLDEN GATE ESTATES UNIT 3D, PLA T BOOK 7. PAGES 58 SOUTH 180' OF TRACT 110 ~ N tB. ~ ,.. '=i PR~ PfRPETUAL. NON- U9VE ROAD RoO. If, WNA~ AND UTlU I EASEJlENT .05'8 SWARE FEET Co ~ Cil. ~ ,.. ~ I I 109.7 109 \~ ~ \ ~ ~ I~ ~I CJj ~ l~ ~ I 111 N.00j,S'20"W, 627' '(I) --- PRO OS[O ___ . ~'~ A~E:T.l Y> Co '_ '" - <..; :!-< ~~ ~. ;t Co "'- t..:l$ ~~ ~- I I EAST LINE OF ~ECTION 29 BARBARA BOULEVARD EXISTING 53' EASEMENT FOR R,o. W. PURPOSES (PER PLA T) GOLDEN GA TE UN! T 6, PLAT BOOK 5, PAGES 124-134 P.O. . 2 3 4 5 GOLDEN GA TE CITY UNIT 6, PLA T BOOK 5, PAGES 124-134 6 BLOCK 226 1 LEGAL DESCRIP770N ALL THAT PART OF THE SOUTH 180. FEfT OF TRACT 110, GOLDEN GATE ESTATES UNIT 3D, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND B[tNG MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA; THENCE ALONG SOUTH LINE OF SAID TRACT 110 SOUTH 89'31'51" MST 53.00. FEfT TO THE POINT OF BEGINNING,' THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'.31'51" MST 113,0.0 FEET.' THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0.0.'15'20" WEST 6,27 FEfT; THENCE NORTHERLY 173.84 FEfT ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,0.97.0.0. FEET THROUGH A CENTRAL ANGLE OF 0.3'12'58" AND BEING SUBT[NDED BY A CHORD WHICH BEARS NORTH 01'21'0.9" EAST 173.82 FEfT; THENCE NORTH 89'.31'51" EAST 108.12 FEET.' THENCE SOUTH 0.0.'15'19" EAST 180. 00 FEET TO THE POINT OF BEGINNING. CON TAINING 20.,0.58 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS &.RESTRICTIONS OF RECORD, EXHIBIT A Page....ll. of-LQl PARCEl NO. (33 ... !fOT Ai SURvEY... CURl/[ NUMBER I RADIUS: 3097.00 DEL TAc 03'I2'S8" ARC= 173.84 TANGENT= 86.94 CHORD= 173.82 CHORD BRG NOI'21'09"E. R. P OF[, AL SURI/[YOR &: MAPPER FLORIDA REGISTRA L5,/S627 NOT VALID UNLESS SIGNED BY THE SURI/[YOR AND SEALfD WITH THE SURI/[YOR'S [MBOSSED S[AL. CERFlFlCA TE OF AU THORIZA nON! LB-43 /I{~ Al/f BASCD DN N<RrH NltIllCAN DAJIM (H.AI)) 'JOJ-,no AD.lJS1IIfNr SlAT( "'ANC _A" $1'S7fIJ (GRID) rOJI Fl.DJ/OA {ASr lDN{, LEGEND: "'~'" '" '" '" '" "l ~~fF~N~ASfMENT ~ PROPOSED R,o. W. EASEMENT R.O. W. = RIGHT OF WI. Y P.O,S. = POINT or BEGINNING PO.C. = POINT OF COMMfNCEMENT PROJECT NO., 62081 PARCEL NO. f 1.13 CUE"', COLUER COUNTY TRANSPORTATION. ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION mer, SKD'CH AND DESCRIPTION arlNG PART OF THr SOUTH 180' OF TRACT 110, GOLDeN GATE eSTATES UNIT 30. PLAT BOOK 7. PAGe 58, COLLIER COUNTY, FLORIDA WilstmMillerM'~~'- ".. ",.",." ,~ . E"*lJIfi. ,&no""". ~Arl:IlII_. T"""""""",,ConManlI VrlloonM6i<Jr. Ine. _.N>tIlytn'_._.I_ aal)BoIo,tMo.aIIl1XJ,,-__.,.,,,,. _."" ffI-UUlI.__.... 0..,., 04/2002 PROJECT NO.: N5D22- 002- 0 r 0- TDHWP Nov 13. 2002 - , I: 43: -47 LMILLERI>c: \SUR\NG022\Sketch Of Descriplions\Submltted\299203s133.dwg JJo. 00' (PLA T) ~ ... o 2& &0 100 GRAPHIC SCALE ~ Item N . 1 C March 28, 2 6 I Iff 15 200 110 SOUTH 780' OF TRACT 770 ~ ~ ~ :>. .::::! 110.1 GOLDEN GA TE ESTA TES UNIT 3D, PLA T BOOK 7. PAGES 58 -771 NORTH lSD' OF TRACT 170 ~ ~ ~ :>. .::::! 109,7 109 I~ ~ I c::: ~ I~ ~I tJ5 ~ I~ ~, "-.'- NO. /3N- P.O.B. EAS LINE OF SECTION 29 SANTA BARBARA BOULEVARD EXISTING 53' EASEMENT FOR R,o. W. PURPOSES (PER PLA T) P. O. C. COLDEN GA TE UNI T 6, o~.f.;,Jr!~r,~ PLA T BOOK 5, PAGES 124-134 1 2 3 4 5 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 6 BLOCK 226 LEGAL DESCRIPT10N ALL THA T PART OF THE NORTH 150 FEU OF TRACT 110, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 1. PAGE 58, COLLIER COUNTY, FLORIDA, AND B[!NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'51" WEST 53,00 FEU TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LINE SOUTH 00'15'19" EAST 150.00 FEET; THENCE SOUTH 89"31 '51" WEST 108.12 FEfT.' THENCE NORTHERL Y 123.57 FEfT ALONG THE ARC OF A CIRCULAR CURVE CONCA Vf EASTERL Y HAVING A RADIUS OF 3,097,00 FEfT THROUGH A CENTRAL ANGLE OF 02'17'10" AND BDNG SUBTENDED BY A CHORD WHICH BEARS NORTH 04'06'13" EAST 123.56 FEfT.' THENCE NORTH 18"32"3" EAST 28,38 FEU TO THE NORTH LINE OF SAID TRACT 110; THENCE ALONG SAID NORTH TRACT LINE NORTH 89"37'51" EAST 89.59 F[ET TO THE POINT OF BEGINNING. CONTAINING 75,376 SQUARE FEfT MORE OR LESS, SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD. EXHIBit A Page~ ~..lQ ---NOT A ~URVEY -.. CURVE NUMBER 1 RADIUS", 3097,00 DEL TA- on 7'10" ARC- 123.57 TANGENT- 61,79 CHORD= 123.56 CHORD BRG. N.04'06"3'E. LANe, 'R, P. OF'[ ALSURVCYOR cl- MAPPER FLORIDA ReGfsiJA . .LS /5627 . . (. ... NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED Vr1Trj THe SURVEYOR'S EMBOSSED SEAL. CERFIFICA Teor AUTHORIZA nON I L8-4J BCARINCS AIr! BAseD ON NCRrH IoIICRIC.AN tM7W (HAO) 1HJ-!'1() AlJoAlSrl/(Nr STArt flt.AN( CO(';MOW,AIF srsrrM (G1IiD) fOR flOllOA CAST lCIiC. LEGEND: l"" "" "" "" "" """l 7{b~~NlAS[MtNT ~ PROPOSED R.O, W. EAStM[N T R, O. W. .. RIGHT OF WA Y P,o.8. .. POINT OF BEGINNING P. 0, C. .. POIN T or COMMeNCEMEN T PROJeCT NO., 6208' ....CEL NO. "34 CUENT, COUJER COUNTY TRANSPORTATION, ~I ~ ..~~ -.. '/1.""- rNGlNaRlNG ~ CONSTRUCTION AlANAGEIrIEHT DIVISION r. relnJl ,. rat TITLE' SK(TCH AND DrscRIPTlON 'J """.l IJ U'l BEING PART OF THE NORTH '50' or TRACT 770, -..a.,,;-..Et:aIog,It.&no . 1AIldtc:fpoA/<I"",'..T_tlbnCootcltanl' GOLDEN GATE ESTATES UNIT 30, PLAT BOo/( 7, PAGE: 58. ~,In<:. COLLiER COUNTY, FLORIDA ,.... Fat.,.... ..I'Ic:il'IIl:It. r... OA.TE: PROJECT NC.: SHEEl NUYBeR; FILe NO.: .Illll1loloy~"'1Il"'/....Il.iUII1Wlll;"'''''' -.'" HI-fG-I1II'_ ..._"'" 04/2002 N6022-002-010- TOHWP '.J4 OF XXX 2GG-203 Nov 13. 2002 - 11: 44: 44 LMILLERIX: \SUR\N6022\Sk,leh Of 0.se"Pt;on.\Subml\l.d\2~~203'1 34.dwg ~ ~ SOUTH 150' NORTH 180' I ~ F TRACT 109 OF TRACT 109 ~ Po I ~ ~ I ~ GOLDEN GA TE E TA TES UNIT 30, S!. Cr.l Ciij PLA T BOOK 7. PAGE 58 ~ C ~ :..:c::: 2 ~ PERPrnJ.JlI ~ -::i ~ L ...... ~ . EXISTING 50' EASEMENT a.usnc ROAD ~ I FOR R.O,W. PURPOSES PER PLAT DRAINAGE, AND "J TY E:ASEJJENT ""3 PROPOSED ~ ~.~ _ . ~,o.w. ~A~EMENT.~ ~ ::i MROEI NO. ~ . I I EAST LINE OF SECTION 29 BOULEVARD GOLDEN GA TE UNIT 6, PLA T BOOK 5, PAGES 124-134 330.00' (PLAT) 110.1 1 09.1 109 7 PAGES 124-134 108 ~ '.,l- o 2~ ~t~m No C March 28, 2 6 ~f15 ~ 100 200 GRAPHIC SCALE EXISTING 53' EASEMENT FOR R.o. W. PURPOSES (PER PLA T) :to. ~~ ~~ ~ ~ LEGAL DESCRIPTlON ALL THA T PART OF THE SOUTH 150 FEET OF TRACT 109, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; CONTAINING 10,762 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &' RESTRICTIONS OF RECORD. ---NotA 'SfJR.VEY --- '.,.:." i:,i. CURVE NUMBER I RADIUS= 2953,00 DEL TA= 01'49'03" ARC= 93.99 TANGENT: 47.00 CHORD- 93.99 CHORD 8RG. N.03'S"57"E, TRACT 108 REPLA T. PLA T BOOK 19, PAGE 54 COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 109, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA,' THENCE ALONG SOUTH LINE OF SAID TRACT 109 SOUTH 89'31'51" WEST 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'31'51' WEST 89.59 FEET,' THENCE LEAVING SAID SOUTH TRACT LINE NORTH 18'32'13" EAST 59.52 FEET; THENCE NORTHERL Y 93.99 FEET ALONG THE ARC or A CIRCULAR CURVE CONCA VE EASTERL Y HA VINe A RADIUS OF 2,963.00 FEET THROUGH A CENTRAL ANGLE OF 01'49'03" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 03'51'57" EAST 93,99 FEfT.' THENCE NORTH 89'31'51" EAST 63.66 FE[T,' THENCE SOUTH 00'15'20. EAST 150.00 FEET TO THE POINT OF BEGINNING. R, . P, OF[ AL . SURVEYOR "" MAPPER ,1:5 #5627 NOT VALID UNLeSS SICNED 8Y THLSURVEYOR AND SEALED 'MTH THE SURVEYOR:?" ~,!BOSS[o SEAL. CERFlFlCA TE OF AUTHORIZA TION i L8-43 f/[AR/HCS AJ/C BASED ON N(XIIII AM[/IfCAN ll</W (HA.D) 'll6J-II" A/J.IJS1IItNr srAIf PLANe COQI908YA1l' SISIrlI (IIIIID) '(]If "....". EAS' lrJHE. PROJECT NO., 62081 P";"<;E:,.,NO. , f.J5 WiIS;nMillei.'~"""-- PitMn . ~,. . EeoIoQioIt . 6V'>oycrJ . lc1dI<opo~ . T_..... CavUlMl' Wlaonl.liler, /no. _'Frrl~'_._.T_ :J2IX)8II:rLw.aMlf1).____._ _.,.,~._ ...__ EXHIBIT A Page~ of-L.Q LEGEND: 1"",,,,,,,,\,,, '\ "l ~xff.~NiASfMnlT ~ PROPOSED R.o. W. fASEMfN T R.o. W. = RIGHT OF WA Y P.O,8. = POINT OF BfGINNlNG P,O.C, : POINT OF COMM[NCEMENT CCfEN', COLLJER COUNTY 7R~SPORTA TJON, E:HG/NEERtNG & CONS7RUCTJON "'~AGEJ.fE:HT DIVISION lITLE, SKtrTCH ~D DESCRIPTJON BEING PART Of" THf SOUTH ISO. OF TRACT 103, GOLDfN GATE fSTATES UNIT JO, PLAT BOOK 7. PAC[ 58, COLLIER COUNn: FLORIDA OATt: FtROJ€CT NO.: SHeET NUMBERI FILE NO.: 04/2002 N6022-002-010- TDHWP 135 OF XXX 2GG-203 Jul ", 2002 - 09"0,38 JNAPIERlx, \SUR\N6022\S'etch Of Oese,'pllonS\5ubmllled\29920Js135.dw9 SOUTH 750' NORTH 180' I F TRACT 709 OF TRACT 109 I ~ ~ GOLDEN GA TE E. TA TfS UNIT 30, 9 Oil. PLA T BOOK 7. PAGE 58 ~ ).. ..::::! ~ S.00'15'20"[. 150,00' ~ ~'" '" '" '" '" '" '" ~ EAST UN OF SECTION 29 ~'''S.00''5'20.E. TBO.Op' SANTA BARBARA BOULEVARD P.D.C. GOLDEN GATE UNIT 6, Y/'nflt1~~9 PLAT BOOK 5, PAGES 124-134 567 4 COLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 LEGAL DFSCRIPnON ALL THAT PART OF THE NORTH 180 FEET OF TRACT 109, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLL/ER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; 330,00' (PLAT) 770.7 709,7 109 ~ s: ..::::! PROPOSED ---- "'-- .. P.D.B. 108 ~~ltlilmN.1 C Llt March 28 2 6 I - ~ 'f f 15 o 25 50 100 200 GRAPHIC SCALE TRACT 108 REPLA T, PLA T BOOK 19, PAGE 54 2 EXISTING 53' EASEMENT FOR R, O. W. PURPOSES (PER PLA T) :t.. ~~ ~~ ~ (7 COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 109, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID sterloN SOUTH 00'15'20" EAST 180,00 FEET,' THENCE LEAVING SAID EAST SECTION LINE SOUTH 89'31'51" WEST 5300 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'31'51" WEST 63,66 FEET,' THENCE NORTH 02'35'47" EAST 31.31 FEET,' THENCE NORTHERLY 112.80 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HA VlNG A RADIUS OF 2,963.00 FEET THROUGH A CENTRAL ANGLE OF 02'10'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 01'08'42" EAST 112,79 FEET TO THE NORTH UNE OF SAID TRACT,' THENCE ALONG SAID NORTH TRACT LINE NORTH 89'31'51" EAST 59,04 FEET,' THENCE SOUTH 00'/5'20" EAST 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 9,109 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, ... ,NOT' /tiSUOYEY ... .' rI) ',r.: '),1 \ . . PREPAREDIjY: 'MstiNM . , If', CURVF; NUMBER 1 EXHIBIT ~ ~ 3(0 of~ ROdius- 2953.00 Delto~ 02'10'52" Arc= 112,80 Tangent: 55.41 Chord- 112.79 Chord 8rg. N.0/'08'42"E. 'fI, Po OrE :A( 'SURVEYOR 4c MAPPER FLORIDA'.R.aj1S"!~. ,LS 1562'1 ~ . NOT VALiD uNLESS' SlcNtd BY THE SURVEYOR AND SEALED WITH THE SURV[YOR'S EMBOSSED SEAL. CERrlFlCA T[ or AU THORllA nON I LB- 4J LEGEND: '" ~ '" '" '" '" '\ \j ~Xj;~~N1:ASEMENT ~ PROPOSED R. O. VI. EASEMENT R. O. VI. - RICHT or WA Y P.O.B. .. POINT or BEGINNING P,O.c. - POINT or COMMENCEMENT BrA1l1HC$ AN BAsro (}N NOlI'" -- "'/1.01 IN.AD) 1116J.rlfO AD.lJSDlCNr srAIf PIANf CtJaIDINAIf $1'S/f.V (GRID) f'OIIl1i:ll1DA CoOST lIJNC "".il_... PflOoJECT NO,; 62081 PARCEL NO. ; 1 J6 Wil"Mille""'~~- -. . ftIg;-. . EcoiosU" . 8InwIon ' L.IIlOIcorI>o Ar<thcfI ' ~ion c:-JI.." WIaonMIMlIr. Inc. 1OjlIor,,,"-,-,_,,_ .1lIIIWorI.looNtJDtl.~__.___.FtI_,____ CLiENT, COLLIER COUNTY TRANSPORTA TlON. ENGINEERING It CONSTRUCTION MANAGatENT DIVfSlON mLE, SKacH AND DrscRtPTfON S[(NG PART OF THe NORTH r80' OF TRACT 109. GOLDeN GA TE eSTA TE:S UNIT JO. PLA T BOOK 7, PAGe S8, COLLIeR COUNTY, FLORIDA DA E: P'tOJ(CT NO.: $1-f([T NUIISCR": FILE NO,1 04/2002 N6022-00Z-010- TDHWP /J5 OF xxx 2GG-2D.'J Jul 1 '. 2002 - 09: 10: 50 JNAPIERIX: \SUR\N6022\Sketeh Of Oe.odpt;on.\Subm;tted\2gg20JSl J6.dwO 1 '.- o 25 ~ ~ltomN. C ~ ~ ~ March 28, 2 6 ~f15 50 100 200 GRAPHIC SCALE 330,00' (PLAT) 109 \~ :::.. I~ ~ ~ I~ ~ ...... -::! ;::i! 1~ 330.00' (PLA T) TRACT 108 REPLA r. PLAT BOOK 19, PAGE 54 2 I GOLDEN GA TE STA TES UNIT 3D, PLA T BOO 7. PACE 58 PROPOSED PERPrnJAL. NON-EXa.U5IVE ROAD R.o. W., DRAINAGE, AND U71UTY EASEMENT : '6.2DD st:JlJARE FEET L EXlsnNC 60' EASEMENT I FOR R. O. IV, PURPOSES peR PLA T 3D' 300' g ~ ~ :b. -::! 107 107.1 , I :3 7 PROPOSE. \ .. ~.v.w.. ~AS[' ~~~. + 7 \ GOLDEN GA TE CI TY UNI T 6. PLAT BOOK 5. PAGES 124-134 LEGAL DESCRIPTION BEING THE NORTH 300 FEET OF THE ~ST 54 FEET OF THE EAST 107 FEET OF TRACT 2. PLA T BOOK 19, PAGE 54, COLLIER COUNTY, FLORIDA, ~ 8 \ ~\~ BLOCK 226 ~..... [1SnNG 53' EASEMENT F R R,O, W. PURPOSES EAST LINE OF (PER PLA T) SECTION 29 GOLDEN GA TE UNIT 6, PLAT BOOK 5. PAGES 124-134 SANTA BARBARA BOULEVARD 2 BLOCK 225 TRACT 108 REPLA r. CONTAINING 16,200 SQUARE FEET MORE OR LESS. SU8JECT TO EASEMENTS &- RESTRICTIONS OF RECORD, EXHIBIT ~ Page...21.. of..Jll i r,;-, (\ ".... . '" /~' " .".,.,>f{OT" 'A iSUR.YEY ,;;", U) :":' "jJ:' , PREPIlR{D dlY: MLSONMI. ., . r;:. ~;~:\;; (:.' , 1 ... : .: ~ LEGEND: """" "" "" "" """""I ~~b~~NfASEMENT ~ PROPOSED R.O. W. cASEMENT R.O, W. = RIGHT OF WA Y R. P OFf . AL"SURVEYOR &- MAPPER FLOR!DA . ~eCIS1!!,A '..L5 15627 ~., ' \, . ," j , ~ NOT'VALlD UNLESS SIGNEO' BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL, CeRFlFlCATE OF AUTHORIZAnOf.li'LB-43 BCAIIINt;S AIff SAstD ON Na/lH ~~::r:Jk''t=.1C <!'Srr" I_I rat ntJIIDA CAS' ltJN(. P"OJECl _0,: 62081 PARCEL _0, : 1 J7 WilsOnMillerk'~~'- " I'f4mety . ~ . ~ . ~ 'l..INloeo,ooArdnc:io . T........,mlfon C<woittn/, WisorVBer, Irtc. ,..... FfIrt~._. _'IMP .l/Q1/l1iorLn.aball.___./IItN _.Fe fH4H1I._ ...__ CLIENT, COI.LlER COUNTY TRANSPORTA TlON, ENGINEERING " CONSTRUCnON MANAGEMENT DI'tIfSlON TlTeE: SKETCH AND OESCRIpnON BONG PART OF LOT 2. TRACT r08 RcPLAT. PLAT 8001< 19, PAGE: 54, COLLIER COUNTY, FLORIDA DATE; PROJECl NO.1 SHEET NUWBER; nu: NO.; 04/2002 N5022-002-010- TDHWP 137 Of xxx 2GG-203 Noy 14, 2002 - 13: 55: 44 LJ.AILLERIX: \SUR\N6022\Skelch 0' De5cr:pllons\Subm:tted\2gg203,'37.dwg 330.00' (PLA r) ~-~ltemN. C ~ ~ - March 28 2 6 ~ ~6 f 15 o 2& &0 100 200 GFlAPHIC SCALE 1 107 707.1 SOUTH 750' OF TRACT 707 ~ '" ..... ~ )0 .::j NORTH 780' OF TRACT 107 GOLDEN GA TE [S TES UNI T 30, PLA T BOOK PAGE 58 2 ~ ;-.. .... "i. ~ )0 .::j 106 706.7 PROPOSED R.o. W. [ASEM[ t1l ..... JlllUlCEl NO. T.~ . . _ .. I BOULEVARD EXIS NC 53' EASEMENT FOR ,0, W. PURPOSES (PER PLA T) GOLDEN GA TE UNI T 6, PLAT BOOK 5, PAGES 124-134 :l:o. ~~ ~~ ~ 7 2 J 4 5 GOLDEN CA 7f CITY UNIT 6, PLA T BOOK 5, PAGES 124-134 BLOCK 225 LEGAL DFSCRIPTlOff. B{fNC THE w.=ST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 107. GOLDEN CA T[ ESTA TES UNIT 30, PLA T BOOK 7. PACE 58, COLLIER COUNTY, FLORIDA, CONTAINING 8,100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS &- RESTRlcnONS OF RECORD, EXHIBIT A ~ '3)) of..JJil.. ..... ,'.. '.:" f'.r. p ... NOT A~ SURVEY ... . ('. ': . T R, 'R, OFE. AL SUR,.V[YOR ct MAPPER FLOR!OARtClSTRA " L'5.'15027 NOT VALID UNLeSS 'SIGNED BY mE SURVEYOR AND SEAU:O WITH mE SURVE'lDR'S [MBOSS[D SEAL CERFlFlCA T[ or AumORllA nON I LB-43 IKAffINCS All( ltA$EO ON 1KR1H ~~;:J\"fk'~1I" SI'l'IllI (rMJ) FOIl 1l(Jl(lA tAST lOIK. LEGEND: h- """" ""'" "" '" "'l Vb~~N~AS[MEN T ~ PROPOSED R.O.W. CASEMENT R,O, W. '" RIGHT OF WA Y ;:'i. / .RwECT NO., 62081 .AllCEL NO, : 1 J6 WilsOnMiIIBrM'~w~ ,.. _.. e-. . E!a>/otiIII . an.,.,. '"--ArcNtoc1lt . ~./IonCctlo<t/.",. WlrllllM.lfer, Inc. NIploo'FaI~'_'_'T_ all_LMo"'lllJ'''''__,_~,r.. _.__.... ClIENT: cot.LJER COUNTY 1RANSPORTA71ON, ENGlNaRlNC It CONS1RUC71ON ItIANACEIrIENT DIVISION TiTLE, SKacH AND DESCRIP710N BEING PART OF THE SOUTH ISO' or TRACT 107, GOLDEN GA TE ESTA T~S UNIT .30. PLA T 800K 7, PAGE 58, COLLIER ,COUNTY, FLORIDA O...TE:: PROJECT NO.1 SHEET NUWBER: YILt NO.: 04/2002 N6022-002-010-TDHWP 1.38 OF xxx 200-203 Jul 11, zooz - 09,11: 25 ""'APIERlx: \SUR\N60ZZ\Skelch Of D.sc,jPtIOns\Subm;H.d\2~~Z03$'38.dW9 330.00' (PLA T) 707 107.1 SOUTH 750' NORTH 780' OF TRACT 707 OF TRACT 707 81 . 18q 81 !"> "" :-. .... ... ~ '" ,., ~ ~ ,., ~ 2 I ! I 1 "" .... \, BARBARA BOULEVARD 7 2 3 ~ ~ o 2~ ~lt"'mN. C J ~ March 28 2 6 ~7 f 15 !O 100 200 GRAPHIC SCALE: GOLDEN GA TE ES A TES UNIT 3D, PLA T BOOK PAGE 58 706 706.7 PROPOSED ~,.O, W. EA.S~MEN I ~ . EXIS NG 53' EASEMENT FOR ,0, W. PURPOSES (PER PLA T) GOLDEN GA TE UNfT 6, PLAT BOOK 5, PACES 124-134 4 6 5 COLDEN CATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 BLOCK 225 LEGAL DESCRIP7TON BDNG THE WEST 54 FEET OF THE EAST 707 FEET OF THE NORTH 180 FEET OF TRACT 107, GOLDEN GA TE ESTATES UNfT 3D, PLAT BOOK 7, PAGE 58, COWER COUNTY, FLORIDA. CONTAINING 9.720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD. t ~ ~ ... NOT' A, SlJRvEY ... $ " f .: (I ~- J 1 '. PREPAREO' 8Y: ',WlLSONMl I 1'" c r R,P OFf AI., SURVEYOR &! MAPPER FLORIDA RfCISrRA L'S'f56Z1 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S [MBOSSED SEAL. . ". CERFlFICA T[ OF AU THORIZA nON I LB,-,43 BCAHOICS ARC BASED ON NORItf AJl{RfCA/i /lA1W (N.A.OI INS-1m AAA/STllCNr swr P/.ANC C~JA/r SI5/01 (r;tfI(}l roR /ttlllllA CAST ZONe. ""OJECT NO., 62081 PARCEL NO. , 1.39 WilsOnMillei'~'~~~ ".. -. . ~ ' Ec%f1r1. ' &ne)'<lt'l . l.MldocIpe ArcM_ . T~."'" ConIIJ/.... WIlBonI.IiW, lne. ""'.ForlIJpn ._._.,_ l1OOilIlorLMoil'lW'___,__,,,, ~.iI'tO-61t ...__ EXHIBIT A Page_ 3~1 of..lQ1. LEGEND: ~ '" "" "" ~"""" "l f{ff~N~ASEMENT ~ PROPOSED R,O,W. EASEMENT R.O,W. = RICHT OF WAY CLIENT, COUJER COUNTY TRANSPORTA TlON, ENGINEERING I; CONSTRUCTlON MANAGEJlENT DfV1S1ON "'LE, SKE:TCH AND ~a:lIPTlON BnNC PARr OF rHo NORrH T80' OF rRACT T07, COLDeN GA re EsrA rES UNlr 30. PLA r BOOK 7, PACE 58. COLLIER cOuNry, FLORIDA CATE; PROJECT NO.: Sl-lEtT NUMSER: rlU: NO.1 04/2002 N6022-002-070-rOHWP 739 OF xxx 200-203 Nov lJ, 2002 - 11: 4B: J4 LMILLERIX:\SUR\N6022\Sketch 01 DescripUons\Submilted\2qq20JslJ9,dwg JJO, 00' (PLAT) ~ J~:ltfilm No 1 C ~ March 28, 2 6 ~ ~ f 15 o 25 50 100 200 1\:1 GRAPHIC SCAlE 0:. ~ EXISTING 60' EASEMENT ~ I FOR R. O. If. PURPOSES PER PLA T ~ I GOLDEN GA TE ES~A TES UNIT 30. ~ PLA T BOOK 1 PAGE 58 ~ e: ~ ~ ; ~ I 104 104. 1 ~ ~ I . R/:"tf1P~t"\... 105.1 105 SOUTH 150' NORTH 180~ OF TRACT 105 OF TRACT 1051 PARCElNO )"i3 106.1 e: po q ~ ,. -::::! I.h ~ 6 7 8 EAST U [ OF SEcnON 29 SANTA BARBARA BOULEVARD 9 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 724-134 BLOCK 225 LEGAL D.ES.CRIPTlON BEING THE WEST 54 FEET OF THE EAST 707 FEET OF THE SOUTH 750 f[ET OF THE NORTH 780 FEET OF TRACT 105. GOLDEN GA TE ESTA TES UNIT JO. PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SOUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A Pege~ of..J1il. )' .' .,-,'j{()XnA: SvRVEY ... . ',. .'~ ( :: K ". PREPARED ,fir., lt1LSO~M , j. LAN T' R, P OF[ ilL SURVEYOR ct MAPPER FLORIDA, RECIS(R'A LS~1.5627 NOT VALiD UNLiss'SICNED BY THESURVrYOR AND SEALED, lt1TH THE SURVEYoR's EMBDSSED SEAL. ' .' ,~ . ..,'" '. ,,' '" '-.j. ,:", , ,.,'," CERF/F/CA TE DF AUTHORIlA nON I iB-'4J " IKA/tINCS ARC BASCD (II NORTH ~~~::,p~'~1t S'fS1C/I (GIlt)) fOIl fllJRIOA tAST lONt. LEGEND: f">,>,, '" " "'" '\! ~X!f~N~ASEMENT ~ PROPOSED R,D,W. EASEMENT R.o. w. - RICHT DF WA Y, PROoIECT NO,; 62081 PARC'" NO, : 143 WilsDnMillllr--~~'-- ~ -. . ~ . ~ ' ar.o,.... ~__NoN/..u . Tl'_.IionC_nt. WKeonAlIer. Inc. ,...., An..........' _.T""" 1ll>>"'Lw,llololDD.,..,..__.".". _.'" ~.__... CLIENT: COI.UER COUNTY 'TRANSPORTA nON, ENGINEERING &t CONS'TRUCnON MANAGEMENT DIVISION TlTL', SKO'CH AND DE:SCRIP71ON BriNG PART OF THE: NORTH T80' OF TRACT 705, COWEN GA Tr E:STA TE:S UNIT JO. PLA T BOOK 7, PAG. 58, COLL/oR COUNTY, FLORIOA DATE: PIWJtCT NO.: $HEtT NUM8EI'h FILE NO.1 04/2002 N6022-002-0TO- rDHWP T4J OF xxx 2GG-20J No. 1J, 2002 - 13:13:37 LM'LLERIX:\SUR\N6022\Skolch or Ooscriptlons\Submltl.d\2gg203sI43.dwg 8 I~ ~ \~ s ~ '~J ~. I gs ~ ~~ ~ I~ 104 104.1 ~ ~.!i ItQmN.1 C ~ ~March 28,2 6 ~ ~ f 15 o 2'$ 50 1DO 200 CRAPHIC SCALE 330.00' (PLA T) [XISnNG 60' [AS[U NT FOR R,O.W. PC/RPOSES P PLAT 105 SOUTH 180' IOF TRACT 104 NORTH 150' F TRACT 104 I~ ~ GOLDfN GA Tf fSTA 7FS UNIT 30, PL T BOOK 7, PAGf 58 103,1 ~ ,. ~ ~ ~ :t ~ 103 ,.,., ~ PROPOSfD ~ R. .w. ~A~EMENT.~ :ct '" <oc SANTA fXISTING 53' EASEMENT 7 (FOR R.o. W. PURPOSES LINE aF SEC ON 29 29 20. (PfR PLA T) 28 21 GOLDEN CATE UNIT 5, PLAT BOOK 5. PAGES 124-134 1 BLOCK 189 GOLDEN GA TE ESTA TES UNIT 5, PLAT BOOK 5, PAGf 117-123 LEGAL DFSCRIPTlON BONG THE M"ST 54 FffT OF THE EAST 107 FEfT OF THE NaRTH 150. FEU OF THE SOUTH 180. FEfT OF TRACT 10.4, GOLDEN GA TE ESTA TES UNIT 3D. PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 8.100 SQUARE FfET MORE OR LESS. SUBJECT TO. EASEMENTS & RESTRICTIONS OF RECORD. EXHIBITL Page.3.L of~ . . ....NOT..A. SuRVEY ... J" . { "'"'' 'f. > '. ,~. PREPARfD /3y: II'! .sONA! ,.lHe: " ~ ", .' \ I.', :~..' . ", \ \ (I', .' LEGEND: ~ "',>,," '\'\ '\"1 Vb~~N~ASEMENT ~ PROPOSEO R,O.W. [ASEMENT R,O. W. = RIGHT OF WA Y LANe. r. R; 'Po OFE: AL SURVEYOR &- MAPPER FLORIDA R[GISt1?~ " L5'15527. NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S E!JBOSSED SEAL. C[RFlFlCA'rr OF AU THORlZA nON I LB-.$] BfARINCS IJlf 8AStD ON NCRnI AIICItICAN ,"rrJII (N.A.O) 'lLl-tlJ() AfMJS1IIEJIr STA Tr PLAN{ COORrJI!NA rr SYS/CI1 (GRrJ) 'OI/IlORrJA CAST lON(, PRwtCT NO., 62081 PARCtL NO. , ,... Wil"Miller--~w- I'Iomero . ~ . ~ . &Iw)'<ro . l.IndJcopo AA:lilooII . ~'''''' c_, W'~, Inc. /iJIIt.I'orlI!rr'_'_.T_ 3lC08*rLn.N.llIl. ~__.".",. __.f<J NHO-flIl. _ ..._.... CL~N': COI...LJER COUNTY TRANSPORT A nON, ENGINEERING It CONSTRucnON MANAGEMENT DIVISION TITLt: SKETCH AND D~/PnON BE:tNG PART OF THE SOUTH 780' OF TRACT 104, GOLDEN GA TE ESTA rES UNIT 30, PLA T BOOK 7, PAGE 58. COUIER COUNTY, FLORIDA DA1C: PRwrCT NO.: SHEET NUWSER: nu: NO.: 04/2002 N6022-002-0I0- TDHWP 144 OF xxx 2GG-20J Nov 13, 2002 - 13: 14: 56 LM,LLERIX: \SUR\N6022\S,.lch 01 OtsC,iplions\SUbmitt.d\299203s14..dwg I~ ~ :t.. I~ ~ 105 ~ ~ I~ ~ A I~ -:::! ~ I~ -., 104 1 04.1 ~~ltQmN C Llt March 28, 2 6 ~f15 D 2$ ~ 100 200 GRAPHIC SCALE 330.00' (PLAT) EXISTlNC 60' EASEAl NT FOR R. O. W. PURPOSES P PLA T SOUTH 180' lor TRACT 104 NORTH 150' F TRACT 104 I "-15 ~ ~ A -:::! GOLDEN GA TE ESTA rES UNIT 30, PL T BOOK 1. PAGE 58 10J. 1 ~ ~ ~ ~ 103 ,." ~ PROPOSED ~ R. W. E~~E~ l ~ ~ ~ EAST LINE OF SEcnON 29 SANTA BARBARA BOULEVARD CORONADO PAKWAY 8 I 9 BLOCJ 225 10 I 11 ,,) GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 I LEGAL DESCRIPnON BEING THE {.II[ST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 104, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 1. PAGE 58. COLLIER COUNTY, FLORIDA. EXISTING 53' EASEMENT 7 (FOR R,o. W. PURPOSES 29 20 (PER PLA T) 28 21 COLDEN GA TE UNIT 6, PLAT BOOK 5, PAGES 124-134 1 BLOCK 189 COLDEN GA rE ESTA TES UNIT 5, PLAT BOOK 5, PAGE 117-123 CONTAINING 8,100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT d P8ge~ of...L[2 ... NOt.A. sclJwEy' ... ", (.~\.; ; ',.'~ " PREPARED 8t: WlLSONMI t ,'./NC: I \ I, LANe T, .R. P OFf, AL SURVEyOR &- MAPPER FLORIDA REC(SmA,., LS':15627 NOT VALID UNLE:sS $ICNtO' BY THE SURVEYOR AND SEALED WITH THE. SURVEYOR'sE/./BOSSfD SEAL. cmFIFlCA Tf OF AUTHORIZA nON I L8-43 BCARWCS ARC ,ASED ON NCRrH .urIlfCAN D.4/lAt (1I."D) ,HJ.IIJD NJ./JS1W(N' sTAIr I'tANC CDQlIIl.wr SJ'SICM (t;Itt)) fOllI1,*,A (ASf /OI.C LEGEND: "'''' "" "" "" "" "" "J Vg~Nf:ASEM[NT ~ PROPOSED R, O. Iv. EASEMENT R.O. Iv. '" RICHT OF WA Y .ROJECT NO., 620B1 PARCEL NO. : 1 ~ Wil.MilleiM'~uu- -. . ~, . EccIoQIr" . 1lJwl"'r . ~Arclhlootr '1l'~"'" CGnIlIl,nII WUMl/ier; /nc. _.FfIrl~'_'_.T.... .Illll8llllLMl\ll/lollll'''''_~DH5W'_ _'Fu_..___ CLIENT, COLLIER COUNTY TRANSPORTA nON, ENGINEERING ct: CONSTRucnON IiIANAGENENT DIVISION TITLE: SKETCH AND DE$CRIPnON BEINe; PART OF' THe NORTH 150' OF TRACT 104. e;OLDtN GATt tSTAres UNIT JO, PLAT 800K 7, PACt 58, CO~L1eR COUNTY, FLORIOA OItTE:: PROJECT NO.: SHtET NVW8ER: YILE NO.1 04/2002 N8022-002-010- TDHWP 145 OF xxx 2GG-20.J Noy IJ, 2002 - I J: 15: J2 LMILLERIX: \SUR\N6022\Skelch Of Ooscrip\ions\SUbmllted\2gg20JSI45.dwg --- 703 ~~tQmN.1 C L:4 March 28, 2 6 l,.t- ~1 f 15 o 2~ ~ \00 200 GRAPHIC SCALE SOUTH 750' NORTH 780' OF TRACT 703 OF TRACT 703 ~ S5 5:' GOWEN PLA GOWEN GA TE STA TES UNIT 31, PLA T BOO 7. PAGE 59 704,7 ~ r- ~ ~ ~ <) ::::j ~ ~ ATE ESTA TES UNIT 30, B; BOOK 7. PAGE 58 ~ q ""$ ,.. -:::: 779 779.7 ~ ""$ ,.. -:::: P, PERPETUAL. NON-EXCLUSIVE ROAD R. . w., ORA/NAGE, AND UTIliTY EASEMENT "'00 stJUNlC FEET PROPOSED R.O, W. EASEMEN T 150' MRCEL NO. '" ... 150' '" 29 20, 28 21 SANTA CORONADO PARKWAY) 77 '\ LEGAL DESCRIP110N BEING THE WEST 54 FEfT OF THE EAST 107 FEET OF THE SOUTH 150 F[fT OF TRACT 103, [STA TES UNIT 3D, PLA T BOOK 7, PAGE 58, COWER COUNTY, FLORIDA. EAST LINE OF S[CTlON 20 BARBARA BOULEVARD GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124-134 EXI TlNG 53' EASEMENT FO R,o. W. PURPOSES (PER PLA T) 1 GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGES 117-123 2 3 BLOCK 189 GOWEN GA TE CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. EXHIBIT .4 Page..i.i. of-1.Q.l 10,1,__'. ... 'NOT: A' SURVEY... I : I PRCPAR[D'BY: LANe, T RI P OFf nORIDA RtclSTRALS #5627 " , NOT VALID UNLES$SIGNED BY THE SURvrYOR AND SEALED WITH .THESURvrYOR'S EMBOSSED SCAL. efRFlFlCA T[ or AUTHORIZA nON I L8-43 BCAJIINCS ME BASCO ON _711 AJ/CRlCAN DAIIM (H.A.DI INHHD AO.IJS1JICNT ST. If flr.ANC COOIIlWA II' S"lS1CIi ICl/JDI fOR nOllOA WT lONE. LEGEND: 1,,""'''''-''''-''''- ""-'i f{bS~NfAS[M[NT ~ PROPOSED R.O, II' CASEMCNT R.O,W. '" RIGHT OF WAY PROJECT NO,: 62081 PARCEl. NO. : 146 Wil.Mille'--~~'- - . ~ . ~ . SlIwI'<r. ' Landoc_ Ar<IhcIJ . r""""""'bn CMIlJIonII WironM.fllr, Inc. ,"",,0 """""......._ ,r.... 381JWoyLMll,IlMIIJC.___.rn,,_."'_.____ C",tNT; COUJER COUNTY 1RANSPORTA TlON. ENc:tNEERlNG . CONS7RUCTlON MANAGEMENT D/'lfSlON mLt: SKETCH AND DESCRIPTION BDNG PART OF TH[ SOUTH 150' OF TRACT 1O.J, COLDeN GA Tt [STA TtS UNIT .JO, PLA T BOOK 7, PAGe 58, COLLIeR COUNTY, FLORIDA CAfE: PROJECT NO.: SHEET NUMBER; rILE: NO.: 04/2002 N6022-0D2-010- TOHWP /46 OF XXX 200-203 Nov \3, 2002 - 13: 18: 30 UAILLERlx: \SUR\N6022\Sketch Of Oeseript:ons\Submltted\2gg203s146.dwg 103.1 103 ~ ~ltemN. C ~ -r "'March 28 2 6 ~f15 1.- ~ o ~ ~ ~ ~ GRAPHIC SCALE 104.1 SOUTH 150' NORTH 180' OF TRACT 103 OF TRACT 103 ~ ~ GOLDEN ATE ESTA TES UNIT 30, 5:! PLA BOOK 7. PAGE 58 r- ;;: "'i ~ R NO.J hf i( ::::! ~ ~ GOLDEN GA TE STA TES UNIT 31, PLA T BOO. 7. PACE 59 ~ ,.. ~ ~ :.. -:::! ~ ~ ~ ~ :.. -:::! 119 719. 1 29 20 CORONADO 28 21 SANTA BARBARA PARKWAY,\ . . 17 '\, LEGAL DESCRIPTION BDNG THE M"ST 54 FEU OF TH[ EAST 107 F[U OF THE NORTH 180 FEU OF TRACT 10.3. GOLDEN GA T[ [STA TES UNIT 30.. PLA T BOOK 7. PAGE 58, COLLIER COUNTY, FLORIDA. PROP SED R.o.W. EASEMENTl . . _I' ~. ~ EXI TING 53' EASEMENT Fo. R,o. W. PURPOSES (PER PLA T) BOULEVARD GOLDEN GA TE UNIT 6. PLAT BOOK 5, PAGES /24-134 1 2 GOLDEN CATE CITY UNIT 5, PLAT BOOK 5, PAGES 117-123 3 BLOCK, 189 CONTAINING 9,720. SQUARE FEET MORE OR LESS, SUBJECT TO. EAS[MENTS &- RESTRICTlaNS OF REcaRD. EXHIBIT A ParIe..:t:L of-1Q1 , . ~ J '" I ....;NOT:::A::SURVEy... I ,:/ :,~::) .' .", PREPARED BY: WfLSONMl . INC.. . , "', : \ ~, R,I P, OFf. :.Il SURrfYOR & MAPPER FLORIDA Fyff!lSrRA:LS45627 NOT VALID UNLeSS SIGNED .Br. THf SURrfYOR AND SfALED WfTH THf SURI/E:YOR'S '[MBOSSEDSfAL. CERFIFlCATf OF AUTHORIZAnON I LB-4J BCARiNC$ NtC &42'0 (M NOlml AMCIIJCAN ""not IHAD) tW-IUD AlMJSJllCNT STArr f'V.Nr CfJOI/DINA rr: srs7DI ICRfO) 'OR 1l/llODA CAST lONe. LEGEND: "''''- "" "'- "'- "'- "" "l ~Xb~;'N~ASfMENT ~ PROPOSED R.O, W. EASEMENT R.O, W. = RIGHT OF WA r .ROJECT NO.: 620Bf .""'CEl. HQ, I f..7 WilS;nMiller'-'~~I- -. . Erell-. ' EooIog/III . -..... . LMdoo...--. . ~IIJOI'I COI'ItlilInto WiIIonMIfer, /TIc. ,.,....FMlO'n._._.r_ 1lIlD_lh."IlO,~__,,,,,,,"_.FtI_'lilIIclllt_..... CUENT, COUJER COUNT'( TRANSPORTA 7JON. ENGINEERING 6: CONS7RUC7JON AlANAGENEHT DI'VrSlON lITLE: SKncH AND DBCRIP7JON BEING PART OF THE NORTH '80' OF TRACT 'OJ. GOLDEN GA Tf ESTA TfS UNIT .10. PLA T BOOK 7. PAGE 58. COLLIER COUNTY, FLORIDA 041[: PAO./(CT NO.; 5"'[[T NUUBER: FILE NO.: 04/2002 N6022-002-070- TDHWP 747 OF XXX 2GG-203 Jul ". 2002 - 09; 16: 46 JNAPIERIX; \SUR\N6022\SketCh Ot D..c,iplion.\Submitted\2gg203.,47.dw9 (;) ~ ~~ :...:;:: "-i CJ::l~ 8~ ~'" .,,~ :..: ~h=1 ~Vj r>ic:: ln~ Co"-i '" .<:::> 119 719,1 ~ ~ltAmN.1 C L4 I - March 28, 2 6 .........., f 15 'r,J'- c::=::l o 2. 50'00 200 GRAf'HIC SCALE JJO, 00' (PLAT) ~ :.. '=! ~ :.. '=! 178 I~ ~ \~ ~I \g ~ ~ "-3 [XISTING 53' EASEM[N FOR R,o. W. PURPOSES (PER PLA T) ~ :-.. ~ SOUTH 780' NORTH 150' OF TR ACT 119 OF TR ACT 119 PARCEL N . 71..1 r ~ Ul1UTY SEMENT 1,1.20 FEET GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59 e1 '" ~ 103 '0, .... PROPOSED R.o.W. EASEMENTl ..-..-.. .~, SANTA [CTlON 20 GOLDEN GA Tf UNI T 6, PLA T BOOK 6, PAGES 124-134 2 3 4 5 6 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-123 BLOCK 189 LEGAL DESCRIPnON BflNG THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 119, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEU MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A Page~ of...J.(d ...NOT~''A; StnJVEY ... I.' ~'.;. . . , PREPARED ~B;Y: W1LSO~M' . LEGEND: ~ '" "''''' '" '" '" ~ 7fff~N~ASEMENT ~ PROPOSED R.OW. EASEMENT R,o. W. = RICHT OF WA Y I<;.p OfF AL SURVEYOR & MAPPER FLORIDA RECISTRA LSI5627 NOT VALID UNLESS SICNfD BY THE SURVEYOR AND SEALED I+1TH THE SURVEYOR'S EMBOSSED SEAL. CERFlFICA T[ OF AUTHORIZA nON I LB-4J B(ARfNr;S ARC BASCo ON NORTH AIJ{RtCAN OA TW (N..A.D) fHJ-'no AAJ./S]lIOIr STA.1r PUN( COQIiOIWA'fC Sl'S1tII (CIIIOI 'OR ntlflDA EAST lONE. PROJECT NO.: 62081 PAIlCE, NO, , 148 Wils;nMillerM'~w- -. . "'-' . ~ . ~ ' (.~ ArdlIoofo . TrowpaIllbt1 CoN<JI_ WMocnl.lller, nc. _,""'_._._.r.... 3lOOEJdrfllllOllbm. ""_~I1H5a7'_ __.,., "'_'_ __co. CUE"" COLLJER COUNTY TRANSPORTA TJON, ENGINEERING &' CONSTRUCTlON IIANAGDlENT DIVISION TITLE; SKE:TCH AND DESCRIPTJON 8E1NC PART OF" THE SOUTH 180' OF" TRACT /79, GOLDEN GATE: ESTATES UNIT Jr, PLAT BOOK 7, PACe 59, COLLIeR COUNTY, FLORIDA DATt: PROJECT NO.: SHEET NUWa[;RI FILE NO.: 04/2002 N6022-002-0l0- TOHWP 748 OF xxx 2GG-20:S Nov \3, 2002 - , 3, 2': 36 Llo<'LLERIX' \SUR\N6022\Sk.'c~ Of Descrlpl;ons\Subm;tted\2gg203s'48.dwg ~ :t:l~ S::i: ""1 t:l;l~ 8~ ::0;,.., .'-oJ~ A ~t;1 ~Vi <::::: ~~ ""1 -~ 779 119.1 ~~lt~mN.1 C ~ March 28, 2 6 ~f15 a 2$ $0 100 200 GRAPHIC SCAL~ 330.00' (PLAT) SOUTH 780' OF TRACT 119 ~ :-... PARcel NO. ~ ~ -:::! NORTH 150' OF TRACT 119 I q ~ ~ ~ :0.. -:::! GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7, PAGE 59 ~ "'" 0- ~ I~ ~ Ig ~ ~ "'"3 EXISTING 53' EASEMEN FOR R. O. W. PURPOSES (PER PLA T) GOLDEN GA TE UNI T 6, PLAT BOOK 5, PAGES 124-134 778 103 PROPOSED R.O,W. EASfMENT~ . . . . . fA T LINE OF SECTION 20 SANTA BARBARA BOULEVARD 2 3 \ 4 5 6 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-123 BLOCK 189 L(GAL DESCRIPTTON BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 119, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7, PACE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT 4 Page..:iL of.J11l. ... ,NOTci:, SURVEY ... :,' f' ,. :';.:: ) ~.. " , PREPARED ~8:Y: WILSONML .: iNC, > ~ ,I. r) <. . LANe. r . .p, OFf. ilL SURVEYOR & MAPPER FLORIDA RECIST'R:A.LSJ5627 . NOT VALID UNLESS slcimj By 'tHE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFlCA T[ OF AUTHORIZA nON I LB-4J B(A/I1N(;f AR{ 8A.lfIJ ON NOIIIII .wrRICNI1M1IAI (N....DI IIW-mll AJWS/IilNf sTAIr PI._ COOIItJ/NAIf SYSf/iM (C1/f()1 ral FLC>iItIol {AST la<<. LEGEND: ~ '" '" '" '" '" '\ \j ~~b~~N~AS[M[NT ~ PROPOSED R,O,W, EASEMENT R,O. W. . RIGHT OF WA Y PROJECT NO.' 62081 PAReEe NO, : 149 Wil.nMiIIBiN'~~~ f'Iomon . ~ . ~ . SIno_. l.ondIcape~ ' T~lIM CtltViJIl1lII ~t1c. _'FG1~'_''''_.T_ #llIlI/olorI.Mo&lo>>J',*"",__'__,,,,,~,___,,,, CeltNT: COL.LJER COUNTY TRANSPORTATION. ENGINEERING Ie CONSTRUCTION MANAGEMENT DIYlSlON meE: SKE:TCH AND D~/PTlON BeiNG PARr OF THe NORTH 150' OF rRACT /19, GOLDeN GA Tr eSTA Tl:S UNIT JI, PLA T BOOK 7, PAce 59. COLLIeR COUNTY, FLORIOA DATE: PNOJE:CT NO.: SHtEl HUUBEIltI "'1.[ NO.1 04/2002 N6022-002-010- rOHWP /49 or XXX 2GG-203 NOY 1J, 2002 - 1 J: 22: 40 LI,1JLLERlx: \SUR\N6022\Skeloh 01 Oe,crlptio'5\Submitlad\299203.149dw9 118.7 330,00' (PLAT) WEST 330' OF TRACT 118 1 C 6 15 .... 118 :::- ~\ GOLDEN GATE STATES UNIT 31, PLA T BOO 7, PAGE 59 779.7 EAST 522. 87' OF TRACT 118 ~ e; I ~I~I 117 117.7 N PROPOSED PERPE:TlJAI., ~ NON-EXCLUSIVE ROAD ""tJ ::t: ""tJ ~ R.o.W., DRAJNAGE. AND I ~ ij I PROPOSED PARCli NO. ! 2 uTlUrr CASEMENT R.o. w. EASEM ~~ .. - . \ 'UOD 5t1tJNE FFET 300' '"" "":. XISTlNG 53' EASEM[~ FOR R,O, W. PURPOSE (PER PLA T) EAST LINE OF SECTION 20 SANTA GOLDEN GA TE UNI T 6, PLAT BOOK 5, PAGES 124-134 7 8 9 70 4 5 6 GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE 111- 723 BLOCK 189 LEGAL DESCRIP710N BEING THE SOUTH 300 FEU OF THE WEST 54 FEU OF THE EAST 107 FEU OF THE EAST 522.81 FEET OF TRACT 118, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 1, PAGE 59, COLLIER COUNTY, FLORIDA, CONTAINING 16,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD, EXHIBIT-1L- ~ 47 of-111 ... NOT A SURVEY... '. ".\ T f(,. P Of[. ilL SURVEYOR .t MAPPER FLOR/Oll REG/smA L~, #5627' NOT VALID UNLESS SIGNED 8Y THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFlCA TE or AUTHORIZA TlON I L8-43 BfARJNCS ARC &lSCO ON NORIN N/ERlr;AN DAllAl "'..D) IHJ-mo AlMJS7IJ[Nr STATe PLANt CfJOIfDINA1C snrr" 1_) FOIl n"""" CASr lOf/{. LEGEND: "'~ "" "" "" "" "" ~ f{b~~N~ASEMENT ~ PROPOSED R.o.W. EASEMENT R.o., W. = RICHT OF WA Y """JECT NO, 62081 P,,"CEI. NO. : 150 WilS;nMillei--~~'~ -.. ~. ~. ~ 'l.ondr_NcNedt. ~""CaWI",'. WHaon\filor, k>c. _./VII/)ln._._.lMI>o .DOIl"",t..,U,IlO.~__._ _.Fu _'1l'IHIO __on CUENT: COUJER COUNTY TRANSPORTA TlON, DlGlNEERtNG It CONSTRUCTfON AlANAGalDlT DIVISION TilLE: SKETCH AND DESC;RIPTlON I3F:1NG PART OF THE tAST 522.8" OF TRACT 778. GOLDtN GA TE: tSTA TE:S UNIT .Jr. PLA T BOOK 7. PAGE 59. COLLIeR COUNTY, FLORIDA OAT~ PROJECT NO.; $HEET NUMBER; riLE NO.: 04/2002 N6022-002-010- TDHWP r50 or XXX 2GG-2OJ Noy 1 J, 2002 1 J: 2J: 10 U"LLERIX: \SlJR\N5022\Skelch O' DescriptiOllS\Submltted\29920J",O,dw9 ~ -~ I~ <:: 118 I ~ gs ~ I~ ~ ~ ~ ~ :... V5 ~ ~ ~-~ltl3mN.1 C ~ March 28, 2 6 ~ I - T f 15 o 25:lO lDO 200 CRAPHIC SCALE --- EXISnNG 60' EASEM. NT I FOR R,O, W. PURPOSES A PLA T 117 I SOUTH 780' bF TRACT 77 7 777.7 NORTH 750' F TRACT 77 7"", .... !'o> ~ ~ :... ~ GOLDEN GA TE STA TES UNIT 31, PLA T BOO 7. PAGE 59 776.7 176 PROPOS D R,O.W. EAS: MENT~ ..-., " EAST LINE OF SEC7i N 20 GOLDEN GA TE UNIT 6. PLA T BOOK 5, PAGES 124-134 EXISTING 53' EASEMEN FOR R. O. W. PURPOSES (PER PLA T) SANTA BARBARA 7 8 9 70 71 ~~ ~~ (;T ~ t; 18:OC; TBB GOLDEN GATE CITY UNIT 5. PLAT BOOK 5. PAGE 117-123 BLOCK 189 LEGAL DESCRIPnON BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 117. GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT /1- ~,4Y; of--1.Q j' ; ~ ... NOT' 4,SuilVEY ... : " ./ " ,J, ;')~ ') I /. " PREPAR[{), BY: 'WlLSONM . INt: , ' j (.. ~ : . 2 ,\; LANe, r ''R:. P OF[, Ai SURVEYOR ~ MAPPER FLORIDA REGIS'[T?A , L~:1562?' NOT VALID UNLESS'SIGN[{) 'BY THE, SURVEYOR ANO SEALED WITH THE SURVfYOR'~ EMBOSSED, SEAL. CERFIFICA'T[ OF AUTHORIZAnON I LS-ifJ ," . 8C~ ARC 8ASCO ON NOR'" IJI(IIICNIllol7tal (N,A.D) INJ-IIfe AD.lJsTlltNr STAl'E' PLANe cot:J/f(JINA1C Sl'SrnI I_I rar 1'1-.. CAS'RM. LEGEND: "''''' "" "" "" "" "" ~ Vfl~N~ASEMENT ~ PROPOSED R,O,W. EASEMENT R, O. W. ,. RIGHT OF WA Y PROJECT NO., 62081 PARCEL NO, : 1 S1 WilS;nMillei'-'~~'~ I'Iornn . ~ . Eoc/ogttI . ~ . !.Indoc.tpe ArdIII.... . T~.oon C""""ri WilfcIlIMer, /1le. NI/*I.1IIIt,...... _. _.T_ .IlOlBoloyI.w,....m.,.__.",.." _.IV _SlII._ ..._"'" CLlENT, COUJER COUNTY TRANSPORTA TJON, ENGINEERING It CONSTRlJCTJON MANAGEMENT DIVISION mLE, SKETCH AND DESCRIPTJON BEING PARr OF THE SOUTH lBO' OF 'TRACT 117, , GOLDEN GA TE ESr A TE:S UNI r .11. PLA r 800K 7, PAGE 'S. COLLIER COUNTY, FLORIOA OATE: PR tcr NO.: $H NUMSER: FILE ~O": 04/2002 N6022-002-010- TOHWP ," OF xxx 2GG-20.J Nov 13. 2002 - 13,23, 43 lMllLERIX, \SUR\N6022\Skelch or Oe,e,;pl;ons\Subm;lled\2gg203,151.dwg l:'I:l '" -~ Ii ~ I~ 718 "J a a:. I~!! I e5 ~ ""3 I I I ~ 'J- o 2& ~ltemN. C J March 28, 2 6 ~f15 !D 100 200 GRAPHIC SCALE 330.00' (P~A T) --- [X/STING 60' EASEM NT I FaHO~:~SP ~ 17.1 I SOUTH 180' bF TRACT 117 GOLDEN GA TE STA TES UNIT 31, PLA T BOO 7, PAGE 59 NORTH 150' F TRACT 117a:. .... !>> ~ ~ :>. -::! - I C:J 788 716.1 116 PROPOSED R. ,w. EASEMENTl __.-'0 l1> .... EXISTING 53' EASEMEN FOR R. O. W. PURPOSES (PER PLA T) EAST LINE OF SECTION 20 SANTA BARBARA BOULEVARD 7 GOLDEN GA TE UNIT 6, PLA T BOOK 5. PAGES 124-134 ~ <"')~ ~I~ ~ ~ 8 70 11 9 GOLDEN GAT[ CITY UNIT 5. PLAT BOOK 5, PAGE /17-123 BLOCK 189 LEGAL DESCRIP770N BEING THE w.:ST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 117, GOLDEN GA TE ESTA TES UNIT 31. PLA T BOOK 7, PAGE 59, COLLIER COUNTY. FLORIDA. CONTAINING 8.100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT ;LJ Page~ of-LQ ... NOT A SURVEY ... '/ ,I ~; ;, ; '. PREPARED BY: WlLSONMI \ . ..., 1:1 r' (;'J .~..) ) LEGEND: f<,,- '" '" '" '" '" '" ~1l2.N~ASEMENT ~ PROPOSED R, O. W. EASEMENT R,O, W .. RIGHT OF WA Y LANe T 'fr.'.p OF[" AL SURVEYOR I< MAPPER F~OR/DA REG/STRA l~ 15627' NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFlCA T[ OF AUTHORIZA nON I lB-.1] BlARltl(jS ARC tlAStD ON NalTH AlIC/OOOI DA IW (N.A.D) ,.,3-".. A/WST/Eltl sTAIr PIAl>( CDiRWAIl SI'SIDI (_I ,~ r""IIDA CA$T lONC, .'OJ(eT NO" 62081 .ARCEL "0, , 152 WilsOnMillei-'~w- .. I'Iomen . ~ . EcoIoQ/I1I . ~ . l..-ope _ . TNwpOrlcl!ell c....<itanu WIoonMlVer, /nc. _. Fat..,. _. _. T_ mJBolorLw,U.Jf1)'!IIr*I.__'_I4_'I'tJ~,___ CLIE"': COLUER COUNTY TRANSPORTA TlON. ENGINEERING ~ CONSTRUCTION I.fANAGENENT DIVISION m~~, SKETCH AND DESCRIPTION BflNG PART OF THf: NORTH 150' OF TRACT 117. GOLDeN GATE: eSTATes UNIT Jl, PLAT 800K 7. PAGE: 59, COLLIeR COUNTY, FLORIDA DATt: PROJEC1 NO.: SHEET NUUBCR: F'ILl NO.: 04/2002 N6022-002-010- TDHWP 152 or XXX 2GG-203 Nov 13, 2002 - 13: 2<: 16 LM!LlERIX: \SUR\N6022\Skeleh Df De.e,:ption.\SubmUled\2gg203s152dwg 115.1 ~ ~tem N ~ March 28, 2 ~f 200 330.00' (PLAT) 775 776 SOUTH 780' PoOF TR ACT 7 75 .... :-. ~ NORTH 750' F TRACT 775'(:. N ~ ~ :.. .:::l. COLDEN CA TE STA TES UNIT 31, PLA T BOO 7. PACE 59 774.7 174 j""ARca NO. PR POSED R.O, W. ASEMENT l -.-..-., ~ "0: SANTA BARBARA BOULEVARD EAST LINE OF SECTYON 20 [ ISnNC 53' EASEMENT R R, O. w. PURPOSES (PER PLA r) ~N ~~ ~~ ~ ~ LEGAL DESCRIPTlON BEING THE ~ST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 115, ESTA TES UNIT 31, PLA T BOOK 7. PACE 59, COWER COUNTY, FLORIDA. GOLDEN CA TE UNIT 0, PLAT BOOK 5, PAGES 124-134 12 3 4 5 8 9 COLDEN GA T[ CITY UNIT 5, PLAT BOOK 5, PAGE 117-123 72 73 74 BLOCK 788 COLDEN CA TE CONTAINING 9,720 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD, EXHIBITL ~ :;c Of..Ji..l 'I' ... NOT A, STfRVEY ... "', : f' i;, LAN T R,A .OF[, AI. SiJR'vfYOR k MAPPER FLORIDA REGfSrR~. '. Ls 15527 NOT VALID UNLESS SIGNED BY THE SURV[YQR AND SEALED WITH THE SURV[YQR'S EMBOSSfD SEAL. CERFlFICA Tf OF AUTHORIZA nON I LB-4J IItAIIfNCS AIlE v.sco ON _III M/CJ/ICMI /IA/lII/ (N.A.D) '~"IO AD.IJSIJICNr SrArr I'tANt ~7l' Sl'!/llI (_) "'" 11-" CAST lONe. LEGEND: ~ '" '" '" '" "" '" "l ~~b~~N~ASEMEN T ~ PROPOSED R,O, W. EASEMENT R.O,W, - RICHTOF WAY j ,.I"" ..Cl.IECT HO" 62081 ."CEL NO, , 155 Wil.MiIIBi'.'~~'- - . ErvI-'r . E'c:olcrltIfI . -,.".. . L..-po__ . ~bJ CONuIl..~ W~,ilc. """.FatIl/wl'_'_.T_ IIlIllIlilyLllllIlllD.....__,/lw _'For _._ ...__ CLI(HT, COUJER COUNTY TRANSPORTA nON, ENGINeERING 4' CONS7RucnON WANAGalENT DIVISION TITLE' SKETCH AND D€SCRIpnON BeiNG PART OF THe SOUTH T80' OF TRACT ITS, COLDeN CA 7'E: eSTA 7'E:S UNIT JI, PLA T BOOK 7. PACe 59, COLLieR COUNTY, FLORIDA ca.T!: PROJECT /roIO.1 SHEt NUMBER: f'IL NO.: 04/2002 N6022-00Z-010- TDHWP 1!:1S or XXX 2GG-20;S Nov lJ, 2002 - 1 J: 27: 54 LMILLoR!X: \SUR\N6022\Sketch Of Descriplions\Submllled\2g920Js155.dwg 330.00' (PLAT) ~ ~ltomN.1 C ~ ~ ~ March28,2 6 ".- "'1[~ Jf f 15 Q 25 r,o 100 200 GRAPHIC SCALE 775,7 115 176 SOUTH 780' ..,OF TRACT 775 .... :-. .., .... ~ ,.. ~ PROPOSED NON-EXa.JJS1VE ~ R.O.W., DRAJNAGE. AND UTlUTY EASEMENt[ "'00 SQUNIE FEET 'J ';:;(0 , , - . NORTH 750' F TRACT 175.., Kl ~. ~ :.. ~ GOLDEN GA TE!STA TES UNIT 31, PLA T BOO, 1, PAGE 59 774,7 774 v. ... fA T LINE OF SECTION 20 " SANTA BARBARA BOULEVARD P POSED R,O,W, EASEMENTl .-..-.. v. .... E {STING 53' EASEMENT R R, O. W. PURPOSES (PER PLA T) ~~ CJ~ ~t:; ~ ~ LEGAL DESCRIP110N BEING THE weST 54 FEU OF THE EAST 107 FEET OF THE NORTH /50 FEET OF TRACT 7/5, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. GOLDEN GA TE UNIT 6, PLAT BOOK 5, PAGES /24-/34 7 2 6 7 12 73 74 BLOCK 188 CONTAINING 8, roo SQUARE FEfT MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT A Page~ of..LQ}. ,).;' ) , .. "'. '.-..... ; ... NOT A ST:lRJlEY ..- 'i :' .,: ~,} " " ' LANt. T H,P, OFE FLORIDA REGISTRA . . . l_'~ {5627 NOT VALID UNLESS' SIGNED BY. THE SURVErOR AND SEALED WITH THE SURV[YOR'S EM80SSEDSEAL. CERF/FICA T[ OF AUTHORIZA TlON I L8-43 lEAIIIItCS << BASrO ON NOlI1/{ AIIlRfCAN DAlW (N.,u)) IPlJ-ll1D AAllSTllENT Sf A It ItANC ~ 11: S>$IIlIICIIID) FOI/ 11""'" CAST ZON(. LEGEND: ~ '\.'\. '\. '\. '\. '\. "l Vb~~N~ASEMENT ~ PROPOSED R,Q, W. EASEMENT R. O. W. = RICHT OF WA Y ".OoJEer NO.' 62081 "AACEL NO. , 156 WilsDnMiller'M'~~'- ,. ".",.,., ~. ~. Sl/'w)'ln' L_.,..~, ~llIonConMonI, ~nc ,.,...Fa1J1,n.InIott'_.T..,. . =1iIlI!'L..,MfIIXJ.___.__.FuUHIHII._ ___ CLItJ/T, COLLJER COUNTY TRANSPORTA nON. f:NGlNEERtNG of: CONSTRucnON MANAGDlf:NT DIVISION TITLE, SKETCH AND DESCRlPnON BEiNG PART OF THE NORTH 150' OF TRACT 1T5, GOLDEN GA TE ESTA TES UNIT 31, PLA r BOOK 7, PAGE 59. COLLIER COUNTY, FLORIDA CATE: PROJtCT NO.: SlitEr NlAIBER: FilE NO.: 04/2002 N6022-002-010-TDHWP 156 OF xXX 2GG-203 "Ul 11, 2002 - 09: 19: JJ JNAPI(Rlx: \SUR\N6022\Sk,tch Of Oescriptioos\Submitted\2gg20JsI56.dwg JJO, 00' (PLAT) 114.1 sou TH 750' OF TRACT 774 774 NORTH 780' I OF TRACT 77~ 775 ~ N ~ ~ ),. ~ ~~I NON-~a.u.g~ ROAD I R.o.W., DRAINAGE. AND U71/J E"ASEJlENr ",<<11 srIJ.W FEET .. "-, PARCEl NO. ~~tF)mN 1 C ~ March 28, 2 6 ~f15 o 25 so 100 200 GRAPHIC SCALE: ~ ~:t..1 :; GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7, PAGE 59 ;S - tXlSTIN(J 60' EASEMENT ~ I FOR R.O, W. PURPOSES PER PLA r ~ c::: ~ t"i ~ j C'J 773,1 -5 ~ I ~ ...... ~ IJ5 172.7 PROPOSED R,O,W. EASEMENTl "_"_11 SANTA BARBARA BOULEVARD EXISTING 53' EASEMf, T FOR R,o. W. PURPOS (PER PLA T) GOLDEN GA TE UNIT 6. PLAT BOOK 5. PAGES 124-134 8 9 13 \74 70 75 76 78 79 20 27 22 77 BLOCK 188 LEGAL DESCRIPTlO/f BONG THE M"ST 54 FEfT OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 114. GOLDEN CA TE ESTA TES UNIT 31, PLA T BOOK 7. PACE 59, COLLIER COUN TY, FLORIDA, CONTAINING 8.100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, ...;NOT Ai SURVEY... . J '/ :,: :') <'.' " PREPARED' 8}7 WILSONMl, , . INC:, :. , (', ,(J EXHIBITL ~.52 of..1Q1. LEGEND: ~ '" '" "'" "'" "'" '" "l fff~N~ASEMENr ~ PROPOSED R.O,W, EASEMENT R. 0, W. = RIGHT or WA Y , " LANe, T 'R, Po OF[ , I1L SURVfYOR & MAPPER FLORIOA RE(JISi8A " {s 15627 . "., ..... . Nor VALID UNLESS SIGNED 8Y THE: SURllfYOR AND SEALED WITH THE: SURllfYOR'S E:M80SSED SEAL. CERFIFICA T[ OF AUTHOR/lA TlON I LB-4J PROJECT NO., 62081 P....eEl. NO. '157 CLIENT. COUJER COUNTY TRANSPORTATION, ~l.MI~ -.... "''''''--' EHGlNERlNG It COHSTRVC71ON MANAGENEHT DIVISION r. ,. ra, 'mLE: SKE:TCH. AND De5CRIP17ON .J .J "l BtlNG PART OF THE SOUTH 150' OF TRACT 1/4, P/orlIwn...,....., . Ecaq;II" . anw,.n .l..tnGJcopeArclllocll ' T1II1IIpOrltlllnClrodlllll GOLDEN GA TE E:STA TES UNIT Jl, PLA T BOOK 7, PAGE: 59, WlsonMller, he. COI.L1ER COUNTY, nORlDA ,.... Flrf~ . -, ~. r"", DATE: PROJECT NO,: SHEeT HUWBtR: TILE NO.: ~8IIIy~&*.llI1'''''-lIll5-ti1i'"."_,,,,IHOi1I'___,,,, 04/2002 N6022-002-010-TDHWP 157 or xxx 2(;(;-203 BOJIINCS AIlE 8.<lrD ON _'" - DoOIW (li.AJ)) IIBJ-llfO AlMJSrMCN7 STA rr I'LAIE C'OORDINA rr sr,sn rr;lNO) fOR nORrDA (AST 10Nl No. lJ, 2002 - lJ: 29: 20 LMILLER!X: \SUR\N6022\Skelch Of DescriPUon,\Submltled\2gg20J.,57.dwg 17 4, 7 11 4 ~ ~ ~ ~lt"'mN.1 C LIt I v March 28 2 6 '._ ~1 f 15 o 25 ~ 100 200 GRAPHIC SCALE 330,00' (PLAT) PAR NO. 15~ ~ I GOLDEN GA TE [STA TES UNIT 31, ~ PLA T BOOK 7, PACE 59 ~ -- [X/STING 60' EASEMENT \ \ FOR R. O. w. PURPOSES PER PLA T ~ CI) :-.. a g: ~ ..,..:~ 773.7 ~ ...... \ ~ ~ \ 1772.7 SOUTH 750' NORTH 180' I i OF TRACT 174 OF TRACT 114 "" ~ ~ :~ ':to .;::j PROPOSED ~ NON-EXaU9VC ROAD R.o. w.. DRA/NA AND U71UTY T 1t'00 St.lIJNlC PROPOSED R,o. W. EASEMENT l .. ..-" 115 EAST LINE OF SECTION 20 SANTA BARBARA BOULEVARD EXISTING 53' EASEMf, T FOR R,O, W. PURPOS (PER PLA T) GOLDEN GA TE UNI T 6, PLAT BOOK 5, PAGES 124-134 8 9 70 13 14 15 16 17 \ GOLD~N GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-123 78 79 20 21 22 BLOCK 188 LEGAL DESCRIPTION BDNG THE WEST 54 FEET OF THE EAST 107 FEU OF THE SOUTH ISO FEET OF THE NORTH /80 FEET OF TRACT 114, GOWEN CA TE ESTA TES UNIT 3/, PLA T BOOK 7, PACE 59. COWER COUNTY, FLORIDA. CONTAINING 8./00 S~UARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT-A_ Page~ Of.Jf? ... NOT..:A>SURVEY ... LANe T R,.. P OFf AL SURVEYOR &: MAPPER FLORIDA RfG/STRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. emF/FICA TE or AUTHORIIA nON I LB-4J BFARlNCS ARC BASl'O (IN NORrH ~ 1lA/Uli (N.A.J)) ''''3-1'10 MJ.JJS/lIOIr swr Pi~ CllCllIlWA Jr SYSFDi (CIllO) fOllIlOlllllA CAST zen. LEGEND: "'''' '" '" '" '" '" ~ VbS~N~ASEMENT ~ PRDPOSED R.D, W. fASEMEN T R.o. W. '= RIGHT DF WA Y t' PROJECT NO., 62081 .....cEL NO, : 758 WilS;nMiller'-'~~'~ ,.",."... . EnQIttee<w . E<oIogIt~ ' Slnooyon . LAndtocpo _~ . ll"tnoporl.... """""",I, Wil.onA.fIIJer, ;,e, _'f<<1""".SnIoO'_'l_ IICOBoItyL..,&MIOO.,.".,,___./taoI _.Ft. _5lII.,.,..,. ...__ CLI'NT, COLLIER COUNTY TRANSPORTA TJON. ENGlNCERING It CONSTRUCTJON IJANAGEJlENT DI\lfSlON TITLE: SKETCH AND DESafIPTJON BDNG PART OF THE NORTH 180' OF TRACT 114. GOLDEN GA rc: ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COWER COUNTY, FLORIDA DATt; PROJECT NO.: $HEet NUMBER: FILE NO.: 04/2002 N6022-002-0tO- TDHWP 158 OF XXX 200-203 NO\l 13. 2002 - 13: 30: 17 LL1ILlERlx: \SUR\N6022\S~etch or Descrlptlol'ts\Submitted\2gg203!1:' S8.dwg t 113 ST 412.50' OF TRACT 113, WEST 412.50' OF SOUTH 180' OF TRACT 11 JJO.OO' (PLAT) ~. ~lt~mN.1 C ~ -, ~ March 28 2 6 I _ ~ f 15 o 2"0 100 zoo GRAPHIC SCALE R3 ~ I~ ~ ~ I~ ~ ~ ..::! :J:: I~ I~ I fXlsnNC 60' cASfMENT \FOR R. O. W. PURPOSfS PfR PLA T GOLDEN GA rE [, TA rES UNIT 31, PLA T BOOK ,PAGE 59 113.1 (AST 415.36' OF TRACT 113 Ii:: N "" "'. 112.1 172 PROPOSED PERPrnJAL. ~ NON-EXaUS1VF: ROAD ..::! RoO. W.. DRAINAGE, AND UTlUTY EASEMENT (B,2(1D SIQIJARE FEET EAST 410.37' OF SOUTH 180' or TRACT 112 111 NORTH 150' OF TRACT 112 PROPOSE R.O. W. ~A~[' ENT.~ 16 \17 18 I EXISTING 53' EASE ENT FOR R,O, W. PUR~ [S EAST LINE OF SECTION 20 (PER PLA T; GOLDEN GA TE UNI T 6. PLAT BOOK 5, PAGES 124-134 SANTA BARBARA lEGAL DESCRIPTION BEING THE NORTH 300 FEfT or THE WEST 54 FEU OF THE EAST 107 FEfT or THE EAST 415.36 FEET OF TRACT 113, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COWER COUNTY, FLORIDA. CONTAINING 16,200 SQUARE FffT MORE OR LESS. SUBJfCT TO EASEMfNTS &- RESTRICTIONS OF RECORD, EXHIBIT A Page_ 5'"L/ ~ of...1L1 ... NOT..A:'$URVEY ... . r LANe, . T . 'R. . Po OF( AL SURVEYOR &- MAPPER FLORIDA R[O!STRA' .LS 15627 NOT VALID UNLESS SlGNE:D BY THE SURVEYOR AND SfALED WITH THE SURVEYOR'S fMBOSSfD SfAL. CfRFIFlCA Tf OF AU THORIZA nON I L8-.4) BtAINNCS ARt BASED ON NOIlrH AMfIr/CAN OAl1AI (N.A.o) IH.Hfi90 AOmTlICN' $1. rr PtANC -.. rr Sl'SrrM (CfItO) FOI/lltlWOA CAS' ltJNC. LEGEND: K'" ''''>', '" '" '" 'i Vfl~N~ASfMENT ~ PROPOSED R.O, Iv. fASfMENT R,o. Iv. - RICHT OF WA Y PROJECT NO.: 62081 PARCEL NO. , 159 Wil.MilleiN'~Uu- -. .~.~.$nwyan .~AraIlolecft'T_.,*"~,,,~ WitonMI6er, tic. """'F<rl~'_'_'T_ WI_LoJo.ll.to/rD....___._ _''''-.:>1.___ CLIENT, COLUER COUNTY TRANSPORTA nON. ENGINEERING . CONSTRUCTlON MANAGEMENT D''''SlON TiTLE, SKeTCH AND DrscRIPTlON 8C1NG PART OF THE EAST 47~,.J6' OF TRACT 7'.J, GOLDEN GA TE ESTA res UNIT .Jl. PLA T 800K 7, PAGE 59, COWeR COUNTY, FLORIDA DATI:: P'<<)JECT NO,: SHEET NUWB€R; FILE: NO.: 04/2002 N6022-002-0'0- TDHWP '59 or xxx 2(;(;-203 NOv 'J, 2002 - ,J:JI'09 LMILLERIX:\SUR\N6022\Sketch Ot Descrlplions\SubmiUed\2gg20J,'S9.dwg JJO.OO' (pt), T) ~ .- o JJ o. C ,2 06 of 15 z 113 ~ST 412,50' OF TRACT 113. 112 JtfST 412.50' O~ SOUTH 180' OF TRACT 112 112.1 NORTH 1501 OF TRACT 112 ~ ~. COLDEN GA Te EST, TES UNIT 31, PLA T BOOK 7, PAGE 59 113,1 ~ ~ EAST 410.371 ~ ~ OF SOUTH 180' ). .;::! .;::! OF TR ACT 7 72p/?Q OSED PEI?PETUAL, NON EXCLUSIVE /?OAD NO. ( hO /?~ ~/f},,/?:u:t!JEN1ND o SQUARE mT 117 111.7 P/?OPOSED /?O.w. EASEMENT p 180' ~ EAST UNE OF SEC 'N 20 SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124-134 EXlsn 53' EASEMENT FOR R O. W. PURPOSES 'ER PLA T) ~ Ct:!:: ~~ ~~ S;.~ t:::i Cae: 152 21 22 23 24 25 26 27 28 GOLDEN CATe CITY UNIT 5, PLAT BOOK 5, PAGE 117-123 LEGAL DESCRIPnON BEING THE Kf'ST 54 FffT OF THE EAST 107 FEET OF THE EAST 410.37 FEET OF THE SOUTH TBO FEET OF TRACT 112, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 1, PAGE 59, COLLIER COUNTY, FLORIDA. BLOCK 188 CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF /?ECORD. REVISED 06-01-04 EXHIBIT A ~ s-s- of-1f!7 *** NOT A SURVEY *** EIIIIm NIt: _ (IN _ffI ~gm.~lI' I'mDI (rIfD) frI! ItQIIIA wr llH: LEGEND: ~ "" "" "" "" "" "" ~ ~~~~N~SEMENT ~ PROPOSED R.O.W. EASEMENT R.O.W. - RIGHT OF WAY PROJECT. NOJ 62081 PARCEl. NO. '160 CUENT: COLLIER COUNTY TRANSPORTA nON, M~..I~ -.........- E:NGINEERING & CONSTRUCTION MANAGEMENT DIVISION r. r. ra.. TTTIL SKETCH AND DESCRIPTION .J lIJ fl. ,8EJNG PART OF TH~ ~AST 410.:17' OF THe SOUTH 180' OF TRACT 112. /'limn. ~.l!ixltGlD '~'Uncnpo""- 1I'nplrfIIm~ GOLDO/ GATE: ~TATE:S UNIT 31, PLAT BOOK 7. PAC<: 59, ~,h:. . COI.U~ COUNTY. f'LORIOA ... . Rrf..... ..... . ........ r-. OI\TE: PROJECT NO.: SHEET NUWSER: FILE NO.1 -...,~..........-_.__.~_._-- 0~/2002 N6022-002-01D-TDHWP 160 OF xxx 2GG-20J .Nn 11, 2004 - 1~: 27:~8 LJ.l1U.ERIX: \SUR\N8022\Sl<otch 01 O..cr1ptlon8\Submlttod\2l1ll203818o.dq JJo. 00' (PLA T) ~- ~ltemN.1 C ~~arch28 2 6 ~~ ~ f 15 o 2& IlO 100 200 GRAPHIC SCALE z 113 wrST 412,50' or TRACT 713, 112 wrST 412,50' or SOUTH 180' or TRACT 112 . 113,1 112,1 EAST 410.37' ~ OF SOUTH 180' ~ OF TRACT 112 PARCE' NO. ~ N ~ NORTH 150' ~ OF TRACT 112 ~ 1\\, ~ ~ COLDEN CA TE EST. TES UNIT 31, PLA T BOOK 7. PACE 59 111.1 EAS LINE OF SECTION 20 SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, PLA T BOOK 5, PACES 124-134 T.~., 21 22 23 24 25 26 27 28 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 717-123 LEGAL DESCRIP710N Bf/NG THE f1.fST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 112, COLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7, PACE 59, COLLIER COUNTY, FLORIDA. 129 BLOCK 188 EXlsrl 53' [ASEMfN T FOR R O. W. PURPOSES ( fR PLAT) t:x:l C::t: ~~ ~~ :;:0::\3 I:::; (8L: I S2 CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT A P8ge~ of-1D ...NO'l: i-SURVEY ... , \ I,,' '.'_ . . PRrP!/RfO BY:: W,LSONM;' .. iNC, . I T R, 'Po OFE tlL SURVEYOR & MAPPER FLORID'A, REGISTRA ' LS 15627 NOT VALID UNLess SIGNtD BY THE SURVEYOR AND SEALED WITH THt SURVEYOR'S EMBOSSeD SEAL. CERFlFlCA TE or AUTHORIZATION I L8-43 IJ(AI/IN(;S-'lfBoCStllIlNNMIlI :c=:t::t,r::li::=1f S'/S1lII (C1IID) fO/f It-. CAsr /ONt, LEGEND: K'" "" "" "" "" "":l k1f.~N~AS[M[NT ~ PROPOSED R,o. W. EASEMENT R,o. W. .. RIGHT or WA Y " ' PROJECT NO" 62081 PARCEL NO, : 161 CUE"', COI.UER COUNTY TRANSPORTA77ON. .ISOnM~~ -.., .......- ENGINEERING I: CONSTRUC77ON UANAGEJlENT DIVISION '. ,. rar TITLE; SKETCH AND DESCRIP770N .J.. .J V'J BflNG PART OF THo NORTH 750' OF' TRACT 172, /'iIMen. ElvIwn ' ~ . an.,.,. , ~......". ~ . T~,*", C<lndllllll GOLDeN GA TE eSTA TeS UNIT J7, PLA T 8001< 7. PAGe 59, WlaClllMJler,/nc. COWeR COUNTY, FLORIDA ,."., ./lrl.......... ...-. 'O/!II DATE: PROJECT NO.: SNEEr NU"BER: riLE NO,: .lIltJlWIt~IlIoJll?~__.__.Ft1___.____ 04/2002 N6022-002-070-TDHWP 761 OF xxx 2GG-203 No. 13, 2002 - '3: 33, 35 LMILLERlx, \SUR\N6022\Sketch 01 OOSCoiptions\Submlllod\2gg203S'6t.dwg _",NO' --. _ -...s tti ~ Item N. C ~ ~ March 28 2 06 ~5 f 15 ~- c=:::::] o 25 DO 100 200 GRAPHIC SCALE '-780' [XSTING 53' EASEMENT F R R, 0. W. PURPOSES ~ [AST LINE or SECTI 20 (PER PLA T) SANTA BARBARA BOULEVARD COLDEN GA TE UNIT 6, PLA T BOOK 5, PAGES 124-134 ~ t:c c c:::t: ~'- 28 29 30 ~~ ~~ \ tz:l~ 2 BLOCK 152 ~ ~I~ ~ ~ BLOCK 188 ~ GOLDEN GATE CITY UNIT 5, PLA T BOOK 5, PAGE 117-123 330.00' (PLAT) 111 ,1,. 1 SOUTH 180' NORTH 150' .... OF TRACT 11 7 OF TRACT 111 .... pO r: ~ '" .... 112 ~ ~ ). ~ ~ GOLDEN CA TE: E 'A TES UNIT 31, PLA T BOOK ,PAGE 59 j110 R.o."tO[ off SENT l ..-..-1..-.. 110.1 LEGAL DESCRIPTION B[JNC THE I1fS T 54 FEET OF THE EAS T 107 FEU OF THE sou TH 180 FEU OF TRA C T III, GOLDEN CA TE: ESTA TE:S UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. CON TAINING 9.720 SQUARE FEU MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. EXHIBIT If P8ge...Q. of..J1:1. , ... }{OTA. SURVEY... LEGEND: '" "'''"><,, '" '" ~ ~~~~N~AS[M[NT ~ PROPOSED R.O, III. EAS[MEN T R,O,w. = RIGHT OF WAY R. P OF[ AL SUR'.f:YOR ct MAPPER FLORIDA RECISTRA LS 15621 NOT VALID UNLESS SICNED BY THE SURVfYOR AND S[ALED 'MTH THE SURVfYOR'S EMBOSSED SEAL. CERAFlCA Tf OF AUTHORIIA TlON 1 LB-43 BCAR7N(;S NIf BASCO ON NORTH ~~'::::JI(~'=:1r srslrll I-J raI nCIIIDA CAST lONC. PAMcr NO,: 62081 PAReE, NO, : 162 Wils;nMille,-'~""L-- -. . ~ . EcoIot1oIt . Blne)oor. . ~A1<Hl_ . 1'railJpclm',," Cono<JIon/. WioonA.lfer, he. _'Ff<1lt,n.-...._.r... .!lIXl8lloylMl,""!IOIJ.NIPo<__._ _.,., _SlII' _ ___ C,,,Nt: COLUER COUNTY TRANSPORTA nON. ENGINEERING ct CONSTRucnON AlANAGalfNT OMS/ON m'E: SKETCH AND DESCRIpnON BEING PART OF TH< SOUTH 780' OF TRACT 117. GOLD<N GA T< [STA TE:S UNIT J7. PLA T BOOK 7, PAG" 59. COLLi[R COUNTY, FLORIDA OATt: PItOJECT NO.: SHeET MJWBER: F'llt NO.; O~/2002 N6022-002-0l0-TDHWP 162 OF XXX 2GG-2O.J Nov lJ, 2002 - lJ; ,34; J4 LMlllERIX: \SUR\N6022\Skeleh Of Descriplions\SubmiHed\2gg20Js'62.dwg 3JO.OO' (PLAT) 111 111.1 SOUTH 180' NORTH 150' OF TRACT 111 OF TRACT 111 Q:, Q:, ~ ~ '" ~ .... 112 ~ ~ :.. ~ ~ I (p:!) . cei.. No. _ _ EAST LINE OF SECTION 20 SANTA BARBARA BOULEVARD ~:::: ~~ ~t;3 :J;;::o Eg 28 29 30 BLOCK 188 ~- ~ltemN.1 C LI:.t ~ - March 28 2 6 ~f15 '.- c:=:::::] o %~ 60.00 200 GRAPHIC SCA~E COLDEN CA TE ESTA TES UNIT 31, I ~I PLA T BOOK , PAGE 59 :l:a. I ~I 110.1 110 ~ PRO OSED I gsl R,O,W. E SEMENT~ ~ .. ,.-., ~ ~ EXSTlNC 53' EASEMENT ~ R R,o. W. PURPOSES (PER PLA T) COLDEN CA TE UNIT 6, PLAT BOOK 5, PACES 124-134 g ~~ "-3':0 :=j ~...... ~ 2 BLOCK 152 COLDEN CATE CITY UNIT 5, PLAT BOOK 5, PACE 111-/23 LEGAL DESCRIP7TON BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 111, GOLDEN CA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING B,100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. ... 'NOT.A. SUR.rEY ... I n i , LANe, T. . R.P. OFf At'SURVEYOR ct MAPPER FLORIDA RECISTRA ':LS 'S621 Nor VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. ,. CERFlFlCA Tf OF AUTHORllA nON I LB-4J Bl_ AIIC /IA$fD ON NOR'" -1)1.,"" ('''.D) '....__ AD.AJ$1I/tNT STAir "'ANt ~Jl" S,.,1llI (GJIJD) FOR 11-.. lASf ZOIC. PROJECT NO.: 62081 PAACEL NO. , 1 BJ Wil.Millei-.~U.- ".",.,.. . ~ ' Eco/cgIIIt . an.....' .l.niIctpo ~ ' Tf~.b CorWI",,, IWIonMier; 1Ilc. _.flrtA+wo'_'_,,,,,,, 1m_Ln....IOO',....__._ _."., JHo..l1Il'_ ..._.... EXHIBIT A Page...iL of..J.QJ LEGEND: '" "'''' '" " " '" 1 ~~b~~NiASEMf.NT ~ PROPOSED R.O,W. EASEMENT R,O,W. - RICHT OF WAY CLIENT, COUJER COUNTY TRANSPORTA TlON. ENGINEERING cI: CONSTRUCTION MANAGEMENT DIVISION mLE, SKETCH AND D~PTlON BeiNG PART OF THe NORTH 150 OF TRACT I1r, GOLOeN GA TE eSTA Tes UNIT JI, PLA T BOOK 7, PAGE: S9. COLLieR COUNTY, FLORIDA DATE.: PROJECT "'0.; SHEET NUYSeRI FlLt NO.: 04/2002 N6022-002-0ro_ TOI1WP r6J OF xxx 200-20:1 Nov 13. 2002 - 13: J5: 42 LMILLERI~: \SUR\N6022\Skelch Of DesC'lplions\Submitted\2992DJS15J.dw9 "i' I ~~ ~ ~ L 109 109, 1 ~ [XISTING 60' [ASEII, 'NT ~ FOR R,O. W. PURPOSES P. PLA T ~ I PROPOS 0 ~ ~.o.W ~A.SL~~ ~. i~ I'""' ~. I ~ EAST LlN[ OF SECTION 20 BARBARA BO ULEV ARD 330.00' (PLAT) 171, 1 ~ ~ ~ . ~ ill0.l 170 I ~SOUTH 150' NORTH 180' OF TRACT 770 OF TRACT 7701 -- PROPO PERPrnJAL. NON~USlVE: ROAD R.o. w., DRAINAGE, AND U EASEMENT 41 SQtJARC FEET' . . . . SANTA 2 BLOCK 152 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 7/7-123 ~ ~ o 2~ C 6 15 ~tem No March 28, ~ $C 100 200 GRAPHIC SCALE GOLDEN GA TE [ TA TES UNIT 31, PLA T BOOK , PACE 59 708. 1 EXISTING 53' EASEM[. T FOR R.o. W. PURP) OS[ (PER PLA T (") o ~'- '""'~ ~ StJ ~ GOLDEN GA TE UNIT 6, PLAT BOOK 5, PAGES 124-/34 2 4 3 5 6 1 I BLOCK 153 LEGAL DESCRIPTION BEING THE weST 54 FEU OF THE EAST 107 FEU OF THE SOUTH 150 FEET OF TRACT 110, COLDEN CA TE [STA TES UNIT 31, PLA T BOOK 7. PAG[ 59, COLLIER COUNTY, FLORIDA. CONTAIN/NG S,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. -.. 'NOX'iA. SURVEY ... . .! j-'; . LANe. 'r 1?, .Po OFf, AL SURV[YOR <l' MAPPER FLORIDA REG/sTRA 'LS'15527 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED mTH THE SURVEYOR'S EMBOSSED SEAL. CF:RFIFICATE OF AUTHORIZAnON I L8-43 EXHIBIT A- Pege-ZL of.1Q2 LEGEND: '" ~ ~ ~ ~ ~ ~ "I ~X;;~~N~ASEMENT ~ PROPOSED R.O. w. EASEMENT R,O. W. = RIGHT OF WA Y BEAlitNcs ARt aAstD ~ N(JHrff AJI(1IICAJI D'IIM (N.A.D) /HJ-/9<<1 ADmTllrPiI swr FI._ _A IF Sl'3'rrJI (~) roR 1lCMI'DA (AS7 ZONe. PROJECT NO.: 62081 PAAC~L NO. : 164 Wils;nMillei'*'~~'''- PIomor'J . &vr-> . EcoIotP', . ~ . L_ Arttilootr . 1l'anIpon.... CMIli/onIt WisonA.fller; he. _.r.rIl/)wt'_._.I_ =>".,I.n,9AfK1J'-"__,,,,,,,, _'Fu __ ,_. ___ CLI~NT: COLUER COUNTY 71MNSPORTA TlON, ENGINEERING eft CONSTRUCTION AlANAGEJlENT DIVISION TITLE: SKrrcHAND DfSCRIPTIOH BEING PART OF THe SOUTH ISO' OF TRACT 110, GOLDEN GA TE ESTA TES UNIT JI. PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA OA.TE: PAOJCCT NO.: $HECY NUWB[R: FIlE NO.: 04/2002 N5022-002-010- TDHWP 164 or xxx 2(;(;-20.1 Nov 13. 2002 - 13:36:2J LMILLeRIX:\SUR\N6022\Sketch Of De.c,;pl;ons\Svbmltled\299203s164.dwg J30, 00' (PLAT) ~ _~tem No ~~28, ~~ o ~ ~ ~ ~ GRAPHIC SCALE: C 06 15 777. 7 ~ ~ ~ ~ ~~ ~ 770. 7 11 0 ~ :t..! !;, sou TH /50' NOR TH /80' I '" ~ P'AT BOOf( . PAG, S9 OF TRACT 770 OF TRACT 77JO ~ L tt:l 709 709.7 c PROPOSED <:::: (X/STING 60' EASEAt NT NON-EXa.1JSI ~ FOR R. O. W. PURPOSES P PLA T Roo.W., DRAlNA ~ , PROPOSe, ~:~ ~ R.o.W. EASE. 108. 7 NO.ILP'5 EXISTING 53' EASEME. T FOR R,o. W. PURPOSE (PER PLA T) GOLDEN GA TE UNI T 6, PLAT BOOK 5. PACES 124-134 NTl.. -..- BLOCK 152 8 ~~ "-3~ ~ ~ ~ EAST INE or SECTION 20 SANTA BARBARA BOULEVARD 2 7 2 3 4 5 6 GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5. PAGE 117-123 BLOCK 153 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 110, GOWEN GATE ESTATES UNIT 31, PLAT BOOK 7. PAGE 59, COWER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. EXHIBIT A- Page~ of.JJ2l ".' , .!.:)NOX'~A: SftRVEY ... , 'I :' I () '...\. .', . PRtPAREO~8Y: W1LSOfvMI ;iNC . '. ' . J ' ..' I r) .~ . Ii', P OFe. At SURVEYOR .. MAPPER FLORIDA Rct/sriM .'LS/5627 NOT VALID UNLeSSS/GNCD BY THC SURVEYOR AND SCALCD WITH THE SURVE:YOR'S CMBOSS[D SCAL. ",";.l:': " CCRF/F/CA TC OF AUTHOR/ZA TlON / LB-43 BEARINGS NIt BASED ~ _111 AJIOIJCAlIDArw (~"D; '''''-IIgo AlWSlllPlr SfAlr PlAN!' CllOIllWA Ir $~rr" (_; fOR IIOOIJOA CA$T ION(. LEGEND: ~'" ""'" "" "" '" "J ~~b~~NiASEMENT ~ PROPOSED R,O, W. EASEMENT R,O,W, - R/GHT OF WAY PROJECT NO" 62081 ".-.eEL NO. '165 CelE"T, COUJER COUNTY TRANSPORTA TJON. 1M1..1~ -.'" '''''''- eNGINEERING. CONSTRUCTION MANAGEJArNT DIVISION '. ,. ra, TIM' SKETCH AND D(SCRIPTJON .J .J Uj EJflNG PART OF THE' NORTH 180' OF TRACT 110. I'lrmorI .~, , EcoiogIIIt . SInor<n . ~__ . ~11Iot1 ~lIllt GOLOEN GA TE' E:STA TE:S UNIT 37. PLA T BOOK 7, PAGE: 59, Wi'ronMiIer. he. COLLIE'R COUN Tr, F'LOR/OA ... Fo1I/iw1 .6ItJtoIr. _. ~ OAT(, PROJECT NO., SHEET NUU8ER, ,..E NO" oIIII1l1t/orLMw.llAIllI1'NIp/Jc_~._~.,.,_.___... 04/2002 N6022-002-010-roHWP 165 or xxx 2GG-203 Nov 1 J. 2002 - 1 J: J7: 11 lMILlERIX: \SVR\N6022\SketCh Of Dose'iptionS\SUb"'ittOd\2gg20J"65,dwg JJo. 0.0.' (PLA T) ~~lt(JmN 1 C ~ March 28, 2 6 l"l- I - ~l f 15 o 25 ~O.OO 200 GRAPHIC SCALE ~ EXIsnNG 60.' EASEM NT C) FOR R. O. W. PURPOSES P PLA T ~ ~ ~ 109 109.1 ~ I~ Ol ... '!. ~ ~ -=b' SOUTH 780' NORTH 750' ~ :... ..::! ~ ..::! (F TRACT /09 OF TRACT 709 110 \g PERPETUAL. ~ NON U9'tF ROAD R.a If.. DRAINAGE. AND \~ UTI, 7Y EASEJlENT 4' SiQUARE FEET PARCEL NO. GOLDEN GA TE STA TES UNIT 31, PLA T BOO 7. PAGE 59 108. 1 108 PROPOSE. R. O. W. EASE \j' "" ""'.~ EAST LINE OF SEcno SANTA BARBARA BOULEVARD XISTING 53' EASEMENT OR R.o. W. PURPOSES (PER PLA T) GOLDEN GA TE UNIT 6. PLAT BOOK 5. PACES 124-134 (J :l~"' "-3~ ~ ~ ~ BLOCK 152 1 2 3 4 5 6 'J Cx:l \.Q c:; .... .... i;:;; GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE /17-/23 BLOCK 153 LEGAL DESCRIPTTON BEING THE ~ST 54 FEET OF THE EAST /07 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 109, COLDEN CA Tf [STA rES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LfSS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A Page~ of-lQ I ',,' I" ... NOT A SURVEY ... , T R. P OFf AL SURVEYOR &: MAPPER FLORIDA .REGISTR~, ,LSfS627 NOT VAUD,UNLE:SS' SIG~[D By THE SURVEYOR AND SfALrD 'MTH THE SURVEyo.R'S EMBOSSED SEAL. CERFIFfCA T[ OF AU THORIZA nON I LB-.(3 BfARINCS UI( /lASED ON IKMIH MJ(1/ICAH /l</1.llIIN.A.D) INJ-"" AD.l/S(JI(Nr srATr PLANt (X.l(WQHA7r SYS7EI/ I_I '0/1 nOllJDA lAST ZONt. LEGEND: ~ "" "" "" "" "" "" '" ~~b~;'NfAS[MENT ~ PRDPOSED R.D. If. EASEMENT R. O. W. : RIGHT or WA Y PROJECT NO. 62081 p....eEL NO, : 766 Wils.Millel~'~""~ _. ~,~ ,~.~~. ~.I>>nClnlA/"", \WeonMiBer, he:. IiI/Iw.Fatlt,ln'_._.r_ 1lllD""'~"'I/lO.___.""", _'For NH4H7I'_ __"" CUENT, COLUI!R COUNTY 71MNSPORTA nON. E:NGlNEERING It CONSTRucnON AlANAGENE:NT DIVIS/ON TOCE, SKETCH AND DESCRIpnON BEiNG PART OF THe SOUTH 780.' OF TRACT 709. GOLDeN GA TE: eSTA TE:S UNIT J7, PLA T BOOK 7, PACe 59. COLLIeR COUN TY. FLORIDA OJ,.T[:: PROJECT NO.: SHErr NUl.IBtR: flU: NO.: 04/2002 N6022-002-070- TDHWP 766 OF XXX 200-203 No\' 13. 2002 - IJ: 37: 53 UJILLERIX: \SLlR\N6022\Sketch Of Oescriptions\SubmiHed\209203s166.dwg fA T LINE or SECTION 20 SANTA BARBARA 110 ~ C) ~ ..... ~ I~ i ~ ..::! Ig ~ I~ :J~"' "-3~ ~ ~ ~ BLOCK 152 JJo. 00' (PiA T) ~ ~ltemN. C ~ I March 28 2 06 ~O f 15 1- ~ o 25 60'00 200 GRAPHIC SCALe: fX/STlNe 60' EASfU NT FDR R. O. W. PURPo.SES P PLA T 109 1 09.1 SOUTH 180' NORTH 750' (F TRACT /09 OF TRACT 709 PROPOSED ~ NON-EXCLUS1'tF ROAD PARCEl RoO. w.. DRA/NA AND U71U7Y r 4100 SQUARE ~ Ol '!. ~ ..::! GOLDEN GA T[ STA rES UNIT 31, PLA T BOO, 7, PAGE 59 108. 1 108 . J~ 7 P. OPOSED R.o. [~~f:T.~ ..." .... XISTING 53' EASEMENT rOR R.o. w. PURPOSES (PfR PLA T) GOLDEN GA TE UNIT 6, PLA T BOOK 5. PAGES 124-134 1 2 6 4 3 5 '-i - C::l - .... - I\.) Cx:l \.Q GOLDfN GATE CITY UNIT 5. PLAT BOOK 5. PAGE 117-/23 BLOCK 153 LEGAL DESCRIPTTON. BONG THE ~ST 54 FEET OF THE EAST 107 FEET OF THE NORTH /50 FEET or TRACT 109, GOLDEN GA TE ESTA rES UNIT 31, PLA T BOOK 7. PAGE 59. COLLIER COUNTY, FLORIDA. CONTAINING 8, /00 SOUARE FEET MORE OR LESS. SUBJECT TO EASfMENTS & RESTRICTIONS OF RECORD. EXHIBIT A Page~ of...L.Q2 ... Nor A' SURVEY ... ; /~ ~,', { . J.i ~ ' ~ INC. BtARrNtIS AJft /lASED ON Na/IH AMC_ 1lA/IAI1N.A.D1 IH.!-'M AD.AI$1IItNr SrA IE I'l.ANf C'OOI!lOItA IE SISInI IG/lJDI TOR nCtl/llJ. CASr ZONe. LEGEND: '" "" "" '" ""'" "" "l V6~~N~AS[M[NT ~ PROPOSED R.O.W. EASEMENT R.D.W. .. RIGHT OF WAY LAN T R. P OFf ALSURVEYOR &: MAPPER rLORIDA REG/SIJ?A'.. is 15627 NOT VALID UNLfSSSIGNED'8Y THE SURVEYOR AND SEALfD 'MTH THE SURVEYOR'S fMBOSSED SEAL. CERFIFfCATE OF AUTHORIZATION 1 LB-4J .ROJECT NO.: 62081 p....ctL NO. : f 67 Wils;nMiIIBr-'~~'- 1'lIIIWwn. ~. EcoioQIIIa. $noycn. ~_. T_.IboCMNianll 1l'iaonUIIer, be. ~'Fa1"'_'_,r_ iIllllllolorl.w,"'IOO'~__,__,,,,_,_ __ CLIENT, COUJER COUNTY TRANSPORTA TlON. ENGINEERING It CONSTRUCTION MANAGafENT DIVISION TITLE: SKCTCH AND DESCRIPTION BEING PART OF THE NORTH 150' or TRACT 109, GOLDEN GATF: ESTATES UNIT ST. PLAT BOOK 7, PACE 59. COLLIeR COUNTY, FLORIOA DATE: PROJECT NO.: 04/2002 N6022-002-010_ TDHWP Nov 13, 2002 13, JB: 51 L""LLC:RIX: \SUR\N6022\SketCh Of Oe.cript;on.\SubmIUed\299203S167.dwg JJo.Oo.' (PLAT) ~ ~Item N. C .t:l.t -, March 28 2 6 ~1 f 15 l"l- c::::::::':j o 2'!lO,00 200 GRAPtotrC SCALE i 6 I 7 I 9 COLDEN CATE: ESTATES UNIT 5. PLAT BOOK 5, PAGE 117-123 LEGAL. DFSCRIPTTON BEING THE Hf"ST 54 FEET OF THE fAST 107 FEU OF THE SOUTH 150 FEU OF TRACT 108. fSTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. 1 08.1 108 SOUTH 150' OF TRACT 108 NORTH 180' OF TRACT 108 109.1 ~ Po ~ ~ )0. ~~ + i I ~ 8 0, '!. ~ :.. ..::! 'AReEL NO. II~ R: "" ..., EAST LINE OF SECTION 0 SANTA BARBARA CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. ... NOT A SURVEY ... I.,') .: LAN T R, p, OFE AL SURVEYOR &: MAPPER FLORIO,," RECISTR~ ..L$ 15627 NOT VALlO UNLESS SIGNED BY THE SURVEYOR AND SEALED 'MTH THE SURVEYDR'S [MBDSSfD SEAL. CERRFfCA T[ OF AUTHORIIA nON I LB-4J BEARINGS ARC 8AstO ~ NCRTN AM{RICAJi DA/tAI IN.A.DI 'HJ-'IID ~1IICNr STAll' f'f.ANC ~Il' SI'S7EIt I_I fOT/ 11__ lAST ZDN!. PROJECT _0.: 62081 PARCEL NO. : 168 GOLDEN GA TE: ESTA TE. UNIT 30, PLA T BOOK 7. PA fS 58 107 107.1 PROPOSED R.o. W. EASEMENT GOWEN GA T[ UNIT 6, PLA T BOOK 5, PAGES 124-134 14 I 75 BLOCK 153 16 17 GOWfN GATE EXHIBIT A ~ &3 of le'7. LEGEND: ~ ~ ""~~~~"I f{b~;'NfASEMENT ~ PRDPOSfD R. O. W. EASEMENT R.D. W. '" RIGHT or WA Y Wil.MilleiN-~~'- - . ~ ' EccIogoI. . Slnw)'ln . 1._ ArtNocto . n.r.pcn.1bo CoovIJI.... WiIaMIer. Inc. _.Forl/lrOn._._.T_ mosu.,t..,abl/lD.___.""", _'FoII/H4H111.___ CLIENT, COLUm COUNTY TRANSPORTA llON. ENGINEERING .t CONSTRUCllON MANAGEMENT DlvrSlON Trrl.[, SKETaI AND DE:SCRIPTlON BElNC PART OF THE SOUTH 150' or TRACT TOB. COLDEN GA TE fSTA TES UNIT .J1. PLA T 800K 7. PACE 59, COLLIER COON TY. FLORIDA DAlE: PRMCT NO.: SHEET HUUltR: F'tLE NO.: 04/2002 N6022-002-010.- TDHWP 168 OF xxx 200-203 Nov 13, 2002 - 13: 47:00 LMILLER!X: \SUR\N6022\Ske'cn Of Desc,iption.\Submitted\2gg20J.'68,dw~ 330.0.0' (PLAT) ~ -~lt9m N. C ~ March 28 2 6 ~_ ~ f 15 o n ~ ~ m GRAPHIC SCALE 108. 1 1 08 NORTH 180' OF TRACT 108 GOLDEN GA TE fSTA TE UNIT 30, PLA T BOOK 7, PA [S 58 109.1 SOUTH 150' OF TRACT 108 ~ ~ '" '!. ~ :a.. ..::! PARCEL NO I(j) ~ Po ~. ~ :... ..::! 107 107.1 PROPOSfD R.o. W. EASEMENT EAST LINE 0 SfCTlON 20 SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 5, PLA T BOOK 5, PAGES /24-134 8 I 9 GOLDEN GATE ESTA TES UNIT 5, PLA T BOOK 5. PAGE /17-123 BLOCK 153 LEGAL DESCRIP170N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 180 FEET OF TRACT 108, GOWEN GA Tf ESTA TfS UNIT 3/, PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. 15 16 77 CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A Page~ )f-1.Q ... NOT' A '$UR-YEY ... . u: :': " PREPAREDSY: WILSON//, , . (.J .. LANCT R, P an AL'SURVEYOR &: MAPPER FLORID,A 'F?~C/~rk,A .is 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR's EM80SSED SEAL. CERFfFICA T[ or AUTHORIZA TION I L8-4J BfAIIINCS AI/{ /IAn ON IKMIH AMtI/lCNl ""/VII IUD) 'fNIJ.,1fO ADJJSTWNT $'TA" If.~ ~rr mini I_I TI1II nOllf/A mr ZOIC. LEGEND: h.. '" "" "" "" ~\:'J f{fl~NjASEMENT ~ PROPOSED R.o.W. EASEMENT R.O.w. '" RIGHT or WAY PROJECT NO.' 62081 p..eEL NO. : 169 WilS;nMillei~'~w- - . ~ . EcoIoGIrIt . ~ . ~Art/'IIoct. . rrwporlalbn CoMII_ ~.tx:. -''''''I/IrI......,.._.,,- :llI:ll"'~M1I/J''''''__,_ _.FIT _011.___ CLIENT: COI.LJER COUNTY TRANSPORTA new, ENGINEERING It CONsTRucnew AlANAGENENT DIVISION TIlL[, SKETC>>I AND DE:SCRIpnew BeiNG PART OF THe NORTH 180' OF TRACT 108, GOLDeN GA TE: F:STA TE:S UNIT JI. PLA T BOOK 7, PACt 59. COLLieR COUNTy' FlORIOA DATt: "ROJECT NO,; S~tET HUl.IBEA: rll.t NO.: 04/20.02 N6022-002-010- TDHWP 169 OF xxx 2GG-20.J No. 13. 2002 - 13: 48. 01 L/oUlLERlx: \SUR\N6022\SkolCh Of Ooscrlplion,\Subrnalod\2gg203.169,dwg JJo..Oo.' (PLAT) 107 107.1 SOUTH 180' NORTH 150' OF TRACT 107 OF TRACT 107 108 PARCEL NO. ;'<:i ~ ,.. s:o <:5, ~ ~ ~ ,., ,., ..;:! ..::! EAST LINE or SECTION 20 SANTA BARBARA BOULEVARD 9 10 14 15 76 13 ~ ~t9mN. C LLt ~"'--March 28, 2 6 .-.il 7;3 f 15 '..- ~ -\ o 2~ 50 100 200 GRAPHIC SCALE COLDEN GA TE ES TE5 UNIT 30. PLA T BOOK 7, PAGES 58 106.1 106 PROPOSED R.o. W. EASEMENT "" .... "-"-'I' GOLDEN GA TE UNI T 6. PLAT BOOK 5, PAGES 124-/34 20 27 22 23 24 BLOCK 153 LEGAL DESCRIPTTON BEING THE ~ST 54 FEET OF THE EAST 107 FEET OF THE NORTH 15D FfET OF TRACT /07, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD. ... .NOT"A. . SURVEY... PREPARED 'B.y,. R, /~ 0Fe AL SURVEYOR &: MAPPER ',{is 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED 'MTH THE SURVEYDR'S EMBOSSED SCAL. CERFIFfCA T[ OF AUTHORIZA no;''', LB-4J /lEARlNGS All( BASCD ON HaITH -_ DA/1.llI (N.A.D) 'W-'HI! ADJ/STI/tIIT STAlE /'f.ANE COOROINAIE S'fSII'I/ I_I TOIIIl""'" CAST zr>>I€, PRo.IECT "0.: 62081 PARCEL NO, : 171 Wils;nMiller~-~UU~ ~.IirQtIMn. ~. &noy.n. LandIcopoArc/lleofl' r_.llc<tC<Nalanlt 1ViIon!.IiHer. Inc:. 1Ir/iIt. Forll/rn._. I<_,r_ _BIIoru..&AllQl._-__._ _'Fu _01,_ ___ EXHIBIT ~ Page~oUK1 LEGEND: ~"" "" "" "" "" "" '" V/1~N~ ASEM[N T ~ PROPOSED R.O.W. EASEMENT R.O. W. = RIGHT OF WA Y CUENT, COl.UER COUNTY TRANSPORTATION, ENGINEERING It CONS7RUCTlON MANAGEMENT DIVISION TiTLE: SK~TCH AND DfSCRIP7JOH BEING PART OF THE NORTH 150' OF TRACT 107, COLDEN GA Tr rSTA rrs UNIT 37. PLA T BOOK 7, PACr 59, COLLlrR COUNTY, FLORIDA OATt: 04/2002 PROJECT NO.: N6022-002-010- TDHWP Jul 11, 2002 - 09.27: 26 JNAP1ER!X; \SUR\N6022\Sketch Of Oescriptions\Submitll!!d\299203s'7' .dwg JJo..oo' (PLAT) ~ 1 06.1 106 SOUTH 150' NORTH 1801 OF TRACT 106 OF TRACT 106 I "' ce ;::j f-;:;; EXISTING 60.' EASEMENT ~ I FOR R. O. W. PURPOSES PER PLA T ~t~m N March 28, 2 6 ~f15 o 2~ 50 '00 200 GRAPHIC SCALE: 705. 7 . PARcEL NO. ~ ~ I ~, CIj ~~ ,.. c::: I s ~ I tJ5. . GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PACfS 58 705.2 107.1 ~ ,.. q e: "- SANTA BARBARA BOULEVARD 18 19 20 21 22 23124 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5. PAGE 117-123 ~ :... .;:! PROPOSfD R. O. W. [ASEMfNT ~ -..-..-..- EXISTING 53' EASEMENT FOR ~ 0. W. PURPOSES ,PfR PLAT) "' ~"'l ~~ ~:t... ~~ ~~ BLOCK 153 "-3 ~ 7 LEGAL DESCRIP TlON BEING THE WEST 54 FEET OF THE fAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 106, GOLDEN CA T[ ESTA rES UNIT 3/, PLA T BOOK 7, PACE 59, COLLIER COUNTY, FLORIDA. BLOCK 157 CONTAINING 8,100 SQUARE FEET MOR[ OR LESS. SUBJECT TO EASEMENTS & RfSTRICTlONS OF RECORO. EXHIBIT A Page~ of..ll!.l ',' . . . ...NOTu"A. SUR,ygy.... . (J :..: ;,~ . '\ PREPAREO :8;>'; 'MLS,O'(. z LANe, r '8. ,P on FLORIDA REGISfRA . is./5621 NDT VALID UNLESS 'SIGNED e'yrH[ SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFlFICA T[ OF AUTHORI!A T1DN I L8-4J BtARtNCS A11E /lAst/) ()11 NORIIi .wtftICAN AUIAll' (N.A,D) INJ-lm A/).(JS1WNT STAir PlANt ~Ir SYS7EII r_J ftrt TlOlltJA 'AST ZONe. LEGEND: h "" "" "" '" "" '\"'l ~1f:'N~AS[M{Nr ~ PROPOSED R.o.. W. EASEMENT R.o. W. z RIGHT OF WA Y PROJECT NO., 62081 p....eEL NO. '172 CLIENT. COLLIER COUNTY TRANSPORTA nON, ~I.M~~ -... ~...- ENGINEERING ct: CONSTRucnON AlANAGElIE:NT DIVlS10N r. r. ra. TITLE. S1<ETCH AND DE:SCRIPnON .J Il U. BEING PART OF THE SOIJTH ISO.' OF' TRACT lOIS, -. . SlCIt100n 'Eco/<9tfJ . ~ . L-.".N'<IlIocII . T~1lon ec...itInt, GaLDCN GA Tt ESTA TtS UNIT .II, PLA T BDOK 7, PAGE S9, WI8ont.4W,Inc. COLLIER COIJNTY, FLORIDA ,.,., . Nri..... . ...... . - ' ,. DATE' PROJECT NO.: SHED NUMBER' riLE NO.: llllla.r.,L&'Ir,/UtIOO'HrI*ollrIUGlHlll7'__''''JH4H7II._...__ 0.4/20.0.2 N6o.22-002-OtO-TOHWP 172 OF, xxx 200-203 Nov 13. 2002 - 1 J. 59, 24 LMILlERlx, \SUR\N6022\Sk.lch Of 0..crip!;oos\Submlttod\2gg20J,'72.dwg NO. (r;c~' 106 ~ ~ ~ EXlSTlN(; 60' EASEMENT ..... FOR R. O. W. PURPOSES PER PiA T NORTH 180' ~. OF TRACT 106 ~ I ~ ttj \ ~~ ~c I ~ ~ I CI5. . 10.0. O::l ~ ~ o 211 110 100 GRAPHIC SCALE o. C ~March 8, 2 06 r----Page 7 of 15 JJO.oo' (PLA T) I 200 106.1 SOUTH 150' OF TRACT 106 105. 1 107.1 ~ "" c:;. GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGES 58 105.2 ~ ~ PROPOSED R. O. W. EASEMENT \. .. ..-.\-..- EAST UN, OF SECT70N 20 SANTA BARBARA BOULEVARD EXISTING 53' EASEMENT FOR ~O.w. PUR~OSES {PER PLA TI GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGE 117-/23 BLOCK 153 10.0. ~~ ~~ ~~ "-3L=iJ 1 GOLDEN GA TE UNIT 6, PLA T BOOK 5, PAGES 124-/34 78 19 20 21 22 23 24 25 26 27 28 BLOCK 157 LEGAL DE SCRIP TlON BEING THE m:ST 54 FEET OF THE EAST 107 FEET OF THE SOUTH /50 FEET OF THE NORTH 180 FEET OF TRACT 105, GOWEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &' RESTRICT70NS OF RECORD. REVISED 06-01-04 EXHIBIT 1/ p~ &''7 of 1(/ -- *** NOT A SURVEY *** ___tll/1/C1/f1H ~:'m'=JF _{lIllIlrar~E;4ST'nN: LEGEND: ~ '" '" '" '" '" '" ~ ~1l~N~ASEMtNT ~ PROPOSED R.O, W. EASEMENT R.O, /If. "" RIGHT OF WA Y PROJECT NO., 62081 PARCEL NO. '173 CUENT: COLLIER COUNTY TRANSPORTA T70N, IIIs;nMl~ -.. ,~...- ENGINEERING &' CONSTRUCTION MANAGEMENT DIVISION r.. r.. rap ffil,E, SKETCH AND DESCRIPT70N .~ I~ fl. . BEING PART OF THE NORTH 180' OF TRACT 105, -'~'~'ano,.n.!MldIoIpo~ ~~ GOLDCN GATe ESTATES UNIT JI, PLAT BOOK 7. PAGF: 59, ~ t1c. . 'COUJCR COUNTY, FtORIDA .... ./lr!..... . _ . __.,. ""T8 PROoIEc;T NO.: SHffi NU"BEll: FlLE NO~ ......,."""....llI>....__."""__."'_.__ O~/2002 N6022-002-010-TDHWP 17J OF' XXX 2GG-203 J76.40' (PLAT I 106 I I I "' GOLDEN CATE ESTATES UNIT 30, O:.l I PLA T BOOK 7. PAGES 58 ~ 705. 1 :z,. _ fXlSTlNG 60.' fASfMENT ~ rQR R.O W. PURPOSES PfR PLA T ~ ~ >II.. ~ ~ ~ ~ ~ ~ 1 05 2 fAST 268. 62' ~ ~ ~ I .. OF TRACT 1051 ~ ~. ~ PROPOSED PERPE7UAL. ~ ~ ~ /.I NON-EXaUSl'tF ROAD ~ ~ARCEL NO. /'1 q o. w., DRAINAGE. AND CIS I U71UTY EASEMENT "-3 '4111 !IfJUARE FEET J46.50.' Jo.' "- "" ... oilI. ~ t::::s ~ ~ :t>: ~ ~ ---~ It'?m N. C ~ ~ ~ March 28 2 06 l"l- ~6 f 15 o 25 50 100 200 GRAPHIC SCALE 2 ~ ~ :t>: Cii~ ~~ ;~ ,., .... A h:t [::J ~ ~ ~ ~ ~ 1 PROPOSED R. O. W. EASEMENT \ ,. ..- 20 17 21 16 EXISTING 53' EASEMENT FOR R.o. w. PURPOSES (PER PLA T) 1 7. 7 ~ Q; t:::: b! ~ ~~ ~ ~ 5;?;a ~~ 1:'-0<: GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117-/23 24 25 26 27 28 BLOCK 157 BLO 'K 158 LEGAL DESCRIPTION BEING THf NORTH 346.50 FEET OF THE ~ST 54 FEET OF THE EAST 107 FEET OF THE EAST 268.62 FEET OF TRACT 105, GOLDEN GA TE ESTA TES UNIT 31, PLA T BOOK 7. PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 18,711 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. \ .~ ( \ :' " . ,"~, i ... NOT A SURVEY... , p, .' >'Nc.. T :8, Po OFf AL SURVEYOR &: MAPPER FLORIDA REGISTR,A,' ~q 1562(' NOT VALID UNLEss SIGNfDBY rrii<SURVEYOR AND SEALED WITH THE SURVEYOR'SfMBOSSfD SEAL. CERFlFfCA T[ OF AUTHORIZA T/ON I LB-4J 1lEA/hNC$ ARC 8A$Etl ON NORTH AJIiIfICAN jl< IW IN.A.O) 111.1- "'" A/MJSDlCNr srA1f PlANe CfXYt()INArc srsrtIT IGR/()I TOIl nOllJDA CASr ZDI/t. PROJ(CT NO., 62081 P....CEL NO. : 174- Wil.Millel'-'~~"- - . ~ .~. '1lWwy<n. L........_Ir. T~IIonC<<U1M WiIon!.ItIIer, ;.." !III>Oo'F<rfA/ln'''''''_,r_ 3IlII1IIIorIMllUlIlOO...,..__._ _.ra_,_ __... EXHIBtJ A PageJJ..... of....J.!;Q LEGEND: "'~ "" "" "" ""'\'1 ~1f~N~ASEMfNT ~ PRDPDSfD R.o.W. EASEMENT R.o.W. = RIGHT or WAY eUENT, COUJER COUNTY 7RANSPORTA nON. ENGINEERING ~ CONS7RucnON WANAGEMENT DIVISION TnLE: SKETCH AND DESCRIPnON BflNG PART OF THE fAST 268.62' OF TRACT /05. COLOfN CA TE: fSTA TfS UNIT Jr, PLA T BOOK 7, PAGE: 59, COLLlfR COUNTY, FLORIDA O4T(: PAOJ(eT NO.: $HEEl NUYSER: F'IU: NO.: 04/2002 N6022-0.0.2-o.rD-TDHWP /74 OF xxx 2GG-203 No.. lJ, 2002 - 14.00: 40 LMILLERlx: \SUR\N6022\Sk,'ch Of Oe.Criplions\Svbmitted\2g920Js174.dwg 330.00' (PLA T) WEST 300' 113,1 or TRACT 113 ~ ~t"mN.1 C ~ March 28, 2 6 l"l- ~ f115 o 2~ 1lO 100 200 GRAPHIC SCALE 2 GOWEN GA TE ESTA TES UNIT 33, PLA T BOOK 7, PAGE 60 ;l2 :!.. ..... gs~ ~~ ~Sd ,.... CJ ~,.... f'1;;:: lrilri .... pARCEL 1 :!: '" ~ ~. ~ :0. ..::! 113 " ~ ~ ~ ~ -=b' 1;: b::l -:::! Q ~ tr.l :;;: ~ 15 EXISnNG 60.' EASEMENT FOR R.o.W. PURPOSES PER PLAT . LESS THE WEST 300' )'7/} 15. 1 PROPOSED R.o. W. EASEMENT PROPOSED PERPETUAL. NON-EXQ.USI'tF ROAD R.a.W.. DRAINAGE. AND UTTU7Y fASEMENT '4"0 SQIJARC FEF:r 158,26' P.O.D. EAST INE OF SEcnON /7 LEGAL DESCRIPTION ALL THA T PART OF TRACT 113, LESS THE MST 300 FEET. GOLDEN GA TE ESTA TES UNIT 3J, PLA T BOOK 7, PAGE 60, COWER COUNTY, FLORIDA. AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 113, A POINT ON THE EAST LINE OF SECT/ON 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'21'39" ~ST 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'27'39" w.:ST 5/.89 FEET,' THENCE LfAVlNG SAID SOUTH TRACT LINE NORTHfRLY 67.84 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVINC A RADIUS OF 3,060.00 FEU THROUGH A CENTRAL ANGLE OF 01'16'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 01'54'26" w.:ST 6784 FEET.' THENCf NORTH 01'16'19" WEST /58.26 FEET,' THENCE NORTH 45'53'19" WEST /05.35 FEET,' THENCE NORTH 89'29'42" EAST 121.27 FEET.' THENCE SOUTH 01'09'10" EAST 300.05 FEfT TO THE POINT OF BEGINNING. EXHIBIT A Page~ of..lQ CONTAINING 18,610 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. I," .... NOT' A . SURVEY ... CURVE NUMBER / (/, \" T R, A OFf 'Ai. 'SURVEYOR &: MAPPER FLORIDA RECISTR~.. 'L$, #5627 d' . " , ".' .'." . NOT VALlO UNLESS SIGNED EjYrHESURVf:YOR AND SEALED 'MTH THE SURVEYDR'SEMBOSSED SEAL. .J.. '/ CERFfFfCA T[ OF AUTHOf?liihON # 'L~-4J PROJECT NO.. 6208' PARCEL NO. : 176 Wil.nMillel'-'~~'~ - . ~ ' Et:c/cgIotJ , .IUw_ . L."..,.. ArcNocIt . Tr~.''''' CavoJIan., WltonMl/....., nc. ,...I'a1"'_._.r"", UlO.....l.IfI<<U.~,..__,"- _,FIT HH4HJ1'_ ...__ RADIUS~ J060.00. DELTA~ 0/'/6'/J" ARC~ 67.84' TANCENT= 33.92' CHORD= 67.84' CHORD BRG. N. 0/'54 '26"w' LEGEND: /,,"" "" "" "" "" "" "l f{/J~NiASEM[NT ~ PROPDSED R.O. W EASEMENT R.D.W. = RIGHT DF WAY P.O.B. = POINT DF BEGINNING P,o.c. = POINT OF COMMENCEMENT BfARINCS AI/{ /IA>n> ON NfJI/IH AMtRlCAN DAMI (MAD) 11&]-"'0 AD.AJS1MtNT srA IF PLAIIC COt:JftIIYA rr s...rrll I_I ,ar llOllOA lAST ZOI<. CLIENT: COLLJER COUNTY TRANSPORTA 77ON, ENGINeERING 4r CONSTRUC77ON MANAGEJlENT DI\lrSlON lITLE: SKETCH AND DESCR/P77ON BE/NG PART OF TRACT I1J, GOLDEN GA T[ ESTA TrS UNIT JJ. PLA T 800K 7. PAGE 60, COLLIER COUNTY, FLORIOA Do<TE: 04/2002 PROJECT NO.: N6022-002-0/0- TDHWP Nay lJ. 2002 - 14: 02: 12 UAIlLERlx, \SUR\N6022\Skelch or DoscdDlions\Submilted\29920Js176,dwg /F,O.C. , N01'04 5"W COLDEN CA TE UNIT 6, PLAT BOOK 5, PAGES 124-134 LJ (2) GREEN BOUI.,),VARD PUD y 16 TRAcT:':4" 1 '2 ~ PAR..cEL NO, 177 FEE SIN/PLE TAKING 976 SOUARE FEET - - - - - - - _1_ _ _ _ _ _ _ _ BLOCK} 152 GOLDEN GA T[ UNIT 4, PART " PLA T BOOK 91 PACE 122 , I I ~ "l '~~ I\lst} .:"" 'CJ ~~ :l>: ~~ "'" ? "'" ....., tI:l"" <;:)0) ~~ ~~ ~&3 GOLDEN GA TE ESTA TES UNIT 3J, PLA T BOOK 7, PACE 50 1 C NiCh 28, 6 ~e 78 0 1 5 PROPOSED R,O.W. ~A~E:T,~' ~ L_ OUIO 100 GRAPHIC SCALE ] 200 1 113 l EAST WE OF' SECTlON 11 SANTA BARBARA BOULEVARD LINE TABLE Unll 811arl"9 OIf/tanclI L1 S.89'29'42"W, 56.18' L2 S.42"J8'SS"w, 41,21' LJ N,01'rJ4'56"w. 013.95' L4 N,8!/'29'42"~ 60.87' !::: 2 1 15 2 ME. 'NER OF' LDT 1 DAMICO CRES PLA T BOOK ,PACE 19 LEGAL DESeRIP TlON BEING A PORTlON OF TRACT A, GREDI BOULDEVARD PUD, SAME BEING A FORMER PORT/ON or LOT 1, BLOCK 152, GOWEN GA TE: UNIT 4, PART " PLA T BOOK 9, PAGE 122, AS DESCRIBCD IN OJ?, BOOK 1811, PAGE 2315. COLLiER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOws,' COMMENCINC AT Tl-IE CENTE:RUNE INTERSECT/ON OF SANTA BARBARA BOULEVARD AND /6Tl-1 PLACE S. w.; TliENCE NORTIi 01'04'56" Uf"ST 289,90 Fm: Tl-IENCE NORTl-I 88'50'50" EAST 5J.00 FEET TO TliEPOINT OF BEGINNING,' Tl-IENCE NORTl-I 01'04'56" Iff'ST 4J.95 FEET,' TliENCE NORTl-IEASTE:RLY39,52 FEET ALONG THE ARC or A CIRCULAR CURVE: CONCAVE: SOUTHEAST HAI1NG A RADIUS Of' 25.00 FEET Tl-IROUGH A CENTRAL ANGLE OF 90.34'37" AND Bf/NG SUBTE:NDCD BY A CHORD WHICH BEARS NORTIi 4412'23" EAST 35. 53 FEET: TliENCE NORTH 89'29'4r EAST 60,87 FEET: TliENCE WESTERLY 52.12 FEET ALONG THE ARC or A CIRCULAR CURVE: CONCAVE: SOUTHERLY HAI1NG A RADIUS OF 168.00 FEET Tl-IROUGH A CENTRAL ANGLE OF 17'4.6'32" AND BEING SUBTE:NDED BY A CHORD WHICH BEARS SOUTH 80'36'25" Kf'ST 51.91 FEET: Tl-IENCE SOUTl-I 42'38'55" Kf:ST 41.21 FEET: THENCE SOUTHERLY 31.73 FEET ALONG THE ARC OF A CIRCULAR CURVE: CONCAVE: SOUTHEASTE:RLY HAI1NG A RADIUS or 168.00 FEET THROUGH A CENTRAL ANGLE OF 10'49'17" AND BEINC SUBTE:NDED BY A CHORD WHICH BEARS SOUTH 1019'43" Kf:ST 31,68 FEET TO THE POINT OF BEGINNING, CONTAINING 976 SQUARE FEET MORE OR LESS. SUBJeCT TO EASEMENTS & RESTRlcnONS OF RECORD. *** NOT' A ,(S,URVEY *** '~ ANDREW 8,,'8Eck. PROFESSION4/. SURVfYOR &: UAPPfl? FLORIDA REG/STR/fTlQN. Lf' If 065 NOT VAf)D UNLESS SJGNCO"BY THE SURVEYOR AND SEALED WlTH'THESURl:f:l'Oi':S fU8DSSED SEAL . :', .,,,\' CERFif1CA.7t .OFAUTHORIZA TlON I L8-4J CUR VE TABLE NO. RADIUS DD. TA ARC TANGENT CHORD CHORD BEARING 1 168.00' lr46'J2" 52.12' 26.27' 51.91' S,80.:J6'2S'w. 2 168.00' 10.'49'17" J1,7J' 15.91' JI.68' s'lo.i9'4.rW, J 25,00.' 90"J4'Jr J9.52' 25.25' J5.5J' N.44i2'2J'E:, EXHIBIT A ~ 70 of (07 LEGEND: ~ PROPoseD R.O.1f. R.O. W. '" RIGHT OF WA Y P.O.8. '" POINT OF' BEGINNING P.O.c. '" POINT OF COMMENCEMENT -AllElIA,CDN_71I ~~~~7r .m7Ell 1_) 1llIl .'1Dllll4 CASr 2I>\E REI1SED 06-0.7-04 PROJECT NO.; 62081 PARCEl. NO. : 177 cw""-: COLLIER COUNTY TRANSPORTA TlON, .I.MI~ -........- ENGINEERING &: CONSTRUCTION MANAGEMENT DIVISION r.. ,. rail' TITI.E: SKETCH AND DESCRIPTION .~ .J U. BEING PART OF LOT 1, ~. """"'-- .............. ,,-- ,.............,.............. -~~-^'-~~ GOLDEN GA7e" UNIT 4, PART " PLAT BOOK g, PAGE' 122, ,-,~. -..-, , ----. -~~~w_' ..._-~- COWER COUNTY. FLORIOA ' ..... Fcr116n. ......'....... Toopt DATt: PROJEcT NO" SHEET NU~BEJl: fiLE NO.: BIlIIor~"'Jl:)'~__'_H-fHll:I''''-.vJ''''___ 04/2002 N6022-002-01o-TDHVrP 177 Of xxx 2GG-20J Jun oe, 200-4- - 13:1-4-:oe KRIIoIESjX:\SUR\N8022\Skotch Of o..c:rfptJono\SUbmlttod\2gg20301n.dwg /1 ~ SANTA B RBARA BOULE 'ARD EAST LINE OF SECTION 17 ~~emNo.1 C ~ en 28, 6 paf~o 115 l"l- I o ~ ~ ~ m GRAPHIC SCALE ~ ~ ~ tl::l c ~ ~ ~ e; iI: llg- :ll~ ...:~ ",. ~ NO.) rye( 2 '" ~ ~ ~ l>. ..::! 2 2.7 P. .B. GOLDEN GA TE TA TES UNIT 34, PLA T BOOK 7, PAGE 23 180.. 0.5' (PLA T) EX/STING 50' EASEMENT r, R. 0.. W. P/JRPo.SES PER PLA T LEGAL DESCRIP nON ALL THAT PART or LOT 2, DAMICO ACRES. PLAT BDO!< 20., PAGE 79, COWER COUNTY, FLORIDA, AND BEING MDRE PARTICULARLY DESCRI8m AS rOLLOWS; COMMENCINC A T THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONe SOUTH LINE or SAID LOT SOUTH 89'29'42" WEST 238.84 FEET; THENCE NORTH 00'30.'18" WEST 30.0.0 FEET TO THE PDINT or B(CJNNfNC; THENCE SDUTH 89'29'42" WEST 230.54 FEET; THENCE NORTH 45'30.'/5" Mf"sr 29.78 FEET; THENCE ALONe THE EASTfRL Y LINE or EXISTING RIGHT or WA Y DESCRIBED IN R.O. 8001< oJ, PAGE /-5. CDLL/ER COUNTY, FLORIDA, NORTH 00'30.'/4" WEST 10.4J rEET; THENCE LEA VINe SAID EASTfRL Y RIGHT OF WA Y LINE SOUTH 76'48'06" EAST 56.93 FEET; THENCE NORTH 89'29'42" EAST 112.95 F'[[T; THENCE SOUTH 78'18'59" EAST 85.26 rEa TO THE POINT OF BEGINNING. CDNTAINfNG 3,930 SQUARE FEET MORE OR LESS. SUBJECT TO. EASEMENTS r!t RESTRICTIONS or RECORO. EXHIBIT IJ ~,JL of:..f.L2 REVISED 12//0/20.0.2 *.. NOT A SURVEY ... PREPARED BY: LAN . R, P. OfF. AL SURVEYOR &: MAPPER FLORIOA REG/STRA LS /5627 ~ . , ,,' ~_:' " NOT VALID. UNLESS 61GNEO 8Y,THE SURVEYOR ANO SEALED 'MTH THE'SURVSYOO'SEMBOSSEOSEAL. CERFfrICAT[ or AUTHORiZATION I LB-43 IFARwG$ Mtt AtSrO ON NOIflH ~ Atnw (II.A.D) 1NJ-11If) AD.lJSTlIOI' SWI' M.AIIl -"11' srs7EII IQ/t/)J Tal IlClllOol lAST lOo1I: LEGEND: "''''' "" "" "" "" '\~ f{ff;'N~ASEMENT ~ PROPOSED R.O.w. EASEMENT R.O. W. '" RIGHT OF WA Y P.O.B. '" POINT OF BEGINNING P.O.c. .. POINT or COMMENCEMENT PROJECT NO.: 620B1 P....""L NO. : 178 Wil.Mlllei.'~-- _. ~ . Ecoloclilo . a....,..,. ,lAtldocIpo_ . ~Ic:n CalUaM ~,hc. ,.,.,. ""~, _ . _. '- ....,t.n,..lrXJ'MpcIirilo_,_ _.",_,___ CLIENT: COWER COUNTY TRANSPORT A T1ON. ENGINEERING &: CONSTRUCT1ON MANAGEMENT DIVISION TITLE: SKD'CH AND D~SCRIPT1ON BE/NG PART OF LOT 2. DAM/CO ACRES. PLAT BOOK 20, PAGE 19, COLL/oR COUNTY, FLOR/DA DATt: cr NO.: 'SHEEl NUW8[R; FILE NO.: 04/2002 N6022-002-010- TDHWP /78 OF xxx 2GG-20:J Dee , 2, 2002 - 08: 20: Jl U:l'lLER/1(: \SUR\N6022\Skelch Of OescriptionS\Submllled\29920J.'78.dwg I ! .......-.'''....., ........4 1--_, _,..on..............,....on.........,__.,..._.,.......,.............,.... i c;") WEST 75' ~i ~ 775 OF TRACT 175 2: ~ .. "" ................. .. ...._ . . __ .. . ...... ........... .. .....on.. " "."_. ................. ............. . '" " ~i...~., "."-~_.."_."....."........................ -._~.._~~ ..".-., ftT:! : ~ EXISnNG 60' EASEMENT ~ I ~ FOR R. O. W. PURPOSES PER PLA T 8' ~ '!~ ~:~ -5;\::5 Agenda Itel11 N 1 C 172 March:28, 2 06 660.0.0.' (PLAT) Page ~O f 115 ....._._-~-_................................_........._-'"..~_........,........................h..._~-....._._.--....i GOLDfN GA TE ESTA TES UNIT JJ, PLA T BOOK 1, PAGE 60 ~! ~.! ~i ~; '=11 113 / PROPOSED PERPETUAL, NON-EXCLUSIVE ROAD R.O.W., DRAINAGE, AND UnLlTY EASEMENT 1,124 SOUARE FEET 115.1 EAST 255' OF TRACT 115 ) 79 P.D.B. 660..0.0.' (PLA T) .......................)...............'._...H..__P....._._........................:.......... .................................i:..._ SANTA BJ.tRBARA BOULEVARD ~ I // LEGAL DESCRIP nON ALL THA T PART OF THE EAST 255 FEET OF TRACT 115, GOLDEN GA TE ESTA TES UNIT JJ, PLA T BOOK 1, PAGE 60, COWER COUNTY, FLORIDA, AND BErNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; EAST 4INE OF SECTION 17 eXISTING 150' EASEMENT ( i FDR R 0., W. PURPOSES : (PER PLA T) i i ~;-- ~ o 2& DO 100 GRAPHIC SCALE I 200 , ----:---- COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 115; , THENCE ALONG THf EAST LINE OF SAID TRACT NORTH 00'30'18" WEST JO.OO FEET TO THE POINT OF BECINNlNG; THENCE LEA VlNG SAID EAST TRACT LINE SOUTH 89'29'42" m:ST 63.64 FEET,' THENCE NORTH 60'27'15" EAST 72.19 FEET TO THE BEFORE MENTIONED EAST TRACT LINE; THENCE ALONG SAID EAST TRACT LINE SOUTH 00'3D'18" EAST 35.33 FEU TO THE POINT OF BEGINNING. CONTAINING 1,124 SQUARf FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT /1 Page-1L. Of..J.Jf1. REVISED 12/10./20.02 LINE TABLE *** NO'F ~ . St!.RVEY *** UM Bearing Distance U N.0.0.:;o.'18"w' Jo.Oo.' L2 S.e9"2g'42"w' 63.64' L3 5.0.0.'JO'18"[, J5.J3' PREPARED BY: 8CAIIINCS Nfl: IJA.SCD ON N.OIIIH =:&~::J~fk'=:rc SI'SIfI/ I(;R((J) FOIl flO//lDA lAsr ZONt. LEGEND: I.""" '. I Vb~;'NfASfMENT 1,"- ,/ ,/ / / ,// ;1 PROPDSED ./ ,/ / ,/ / ,/ ',/ R.D. W. EASEMeNT R.O. W. - RIGHT OF WA)" P.D.B. : PDINT OF BEGINNING P.O.C. .. PDINT or CDMMENCfMfNT PROJECT NO.: 62081 PARCEL NO. : 179 WilsIJnMillei~-~""- " I'Iomon . ~ . Eo%gIm , SIne,... . L_II>> AtTNoctr . ~Iion ~ WUlon.\tier; Inc. "'''"-''-'_.1_ =_Ln."'lOD.,.,.__._ _."'_._ ...__ CLIENT: D.:," :C. 2~:~~ .. (,~: ~;l;'~'. <;!l..l'U:',':\,>tmV<c;:n:'o",:.'h "i ~."o';:>'''';'''.~o''''';\l''C\:,,:';::'C5'':'~<.C''1 COLLIER COUNTY TRANSPORTA TION, ENGINEERING k CONSTRUCnON MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPnON 80NG PART OF THE EAST 255' OF TRACT 1/5. COLDEN GATE e:STATES UNIT oJoJ, PLAT BOOK 7, PACe: 60, COLLle:R COUNTY, FLORIDA PROJECT NO.: s,.,~tT NUMBCR: rfL.( NO..: N5022-002-010- TOHWP 179 or XXX 2CC-20J DATE: 04/2002 JJO.OO' (PLA T) ~~tgmN.1 C ~ March 28, 2 6 ~_ ~1 f115 o 2~ ~ 100 200 GRAPHIC SCALE EAST LINE OF SfCTION 17 12 10, 1 11.1 17 GOLDEN GA TE ESTA TE:S UNIT 34, PLA T BOOK 7, PAGES 23 SOUTH 780' ~ :... ..::! ~ ,.. ..::! EXISTING 50' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) EXISTING 50' EASEMENT FOR ~ O. W. PURPOSES (PER PLA T) ~ ~ g ~ ~ ~ ~ ti3 U5 ~ ~ ~ 12.1 PROPOSED R. O. W. EASEMEN T 211 22. 1 22 LEGAL DESCRIPTTON ALL THA T PART OF TRACT 11, GOLDEN GA TE: ESTA TE5 UNIT 34, PLA T BOOK 7, PAGE 23. COLLIER COUNTY, FLORIDA, AND B[/NG MORE PARnCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 8979'42" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02'36'19" ~ST /80.12 FEET,' THENCf NORTH 8979'42" EAST 6.71 FEET; THENCE SOUTH 0078'1r EAST 180.00 FEU TO THE POINT OF BEGINNING. CONTAINING 604 SQUARE FEU MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT A P898~ of1Q1 REVISED 5/6/04 KLR/502 *** NOT A SURVEY .** R, P OFf Ilk' SURVEYOR & MAPPER FLORIDA ~EGlSTRA : L~ /562.7 NDT VALID UNLE$'siStGf.tEO BY'THf: SURVEYOR AND SEALf:O 'MTHTHE 'SURVEYO/tS EMBPSSED SEAL. CERFlFfCA T[ OF AUTHDR/ZA nON I LB-4J tJ{NIJNGS ARr s.utD ON NORTH AJEI/oCAN 0."" "'A.D) IMJ-II" AD.AJSMNT swr I'tNft """"""Ir Srsrcll (GRJOJ rtJT1 /'LQIl(U lAS' ZONt. LEGEND: ~'" "" "" '" "" """'l f{b~~NlASEMENT ~ PRDPOSEO R.D.W. EASEMENT R, O. W. .. RIGHT OF WA Y PROJECT NO., 620B7 .....CEl. No. I 198 WilsOnMilleiM'~w-- " _.Et'{It-.'EooIag/IIJ,~.~_.~IIon~ WIIoMaor, tlc. ,.,.,.F1rl......_._'r""" =llIIlyl.olo&.loIOO."",__,__,,,,_,___ . 05. 2004 - 10: 07: 09 KRIMESlx: \SUR\N6022\Sketch Of Descriplioos\Submilled\2gg203s196.dwg CLlt~, COWER COUNTY TRANSPORTA TION, ENGINEERING 4& CONSTRUCTION MANAGEMENT DIVISION TIllE: SKETCH AND DESCRIPTION BeiNG PART OF" THe SOUTH 180' OF TRACT II, GOLDEN GATE: ESTATE:S UNIT .34, PLAT BOOK 7, PAGE 2,J, COLLIE/? COUNTY, FLORIDA OrATE: PROJECT 0.: SHEn U 8ERi Lt 0.1 04/2002 N6022-002-010- TDHI'iP 196 OF xxx 2GG-203 JJO.o.O' (PLA r) ~ ~~~~~2~,'21 ~ ~ f115 1- ~ o 2& 110.00 200 GRAPHIC SCALE EAST LINE OF 'ECTION /7 12 10.7 77. 1 11 GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGES 23 8l SOUTH 780' !:> 8. OF TRACT 17 ~ :.. "~CEL.~ NORTH 750' ~ F TRACT 17 8. ~ :.. ..::! 23.1 22.7 22 LEGAL DESCRIPTTON. ALL THAT PART OF TRACT 11, GOLDEN CA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE 23, COLLIER COUNTY, FLORIDA. B[!NG MORE PARTlCULARL Y DESCRIBfD AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 89'29'42" WEST 50.00 FEET TO THE POINT OF BECINNlNG; THENCE SOUTH 00'28'/7# EAST 150.00 FErT,' THeNCE SOUTH 89'29'42" WEST 6.71 FEfT.' THfNCE NORTH 02'36'19" ~ST 150./0 FEET,' THfNCf NORTH 89'29'42" EAST 12.30 FEU TO THE POINT OF BEGINNING. EXISTING 50' EASEMENT FOR ~ O. W. PURPOSES (PER PLA T) EXISTING 50' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) ..... ~ ~ ~ ~ ~ ~ ~ ~ ti5 ~ '-3 ~ 72.' PROPOSE/) PERPrnJAL. NON-EXC/.U9'tF ROAD R.aw.. DRAINAGE. AND U71UTY EASEJlENT ',431 SfJUARE FEET' p.as. PROPOSED R.o. W. EASEMENT CONTAINING 1,427 SQUARE FEET MORE OR LESS. SUBJfCT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5/6/04 KLR/502 EXHIBIT A Page..2:L ofJQ1. ...N,OT .A '~U1J:VEY ... ". iNt, I) . LANe f' . R,. P Off, ~l SURVEYOR .t MAPPER FLORIDA REGiS,TRA,. L~ ~5p~7 I ,.,1' " '\., '.0 NDT vALto.'uNtrss'sicNEDBY .THE SURVEYOR AND SEALED 'MtH ,THtJSURIf,YOR'S ,fM8DSSfD SEAL. CfRFIFICA T[ OF AUTHDIfIZA nON I LB-,O BtAT/rI/CS ARt lIASI'D ON .""IH ~::,f'~r~1C S~IDI I_I Tal 11_' CASr ZOIIE. LEGEND: '" '>"" "" "" "" "" "l f{b~~N~ASEM[N T ~ PRDPOSEO R. O. W. EASfMEN T R. O. W. .. RIGHT OF WA Y PROJECT ~O.: 62OB7 p....eEL NO. 1 197 Wil.Miller-'~~- -. ,~ . Ecoqjoll . __ . ~An:NIoeIt . ~""CMoit_ WIiIc:>I'ioIW. i1c. ....Fo;lIiWt,_..._,r_ .IIllllllollrLw.lIiom.,.,..__._ _'Fu_._ ___ CLIENT: COLlJER COUNTY 7RANSPORTA 7JON, E:NGlNEERlNG I: CONSTRUC7JON MANAGEJlE:HT DI...,S/ON TITL~: SKETCH AND DESCRIP770N BeiNG PART OF THE NORTH ISO' OF TRACT 17, GOLDEN GA Te ESTA TES UNIT J4, PLA T eOOK 7. PAGE 2:5. COLLIER COUNTY. FLORIDA PATE: PROJ CT NOoJ SH NUWSEpt 'll.1; NO.: 04/2002 N6022-002-010-TDHWP 197 OF xxx 2GG-203 May 06. 2004 - 10: 10: 00 KRIME:S!X, \SUR\N6022\Skotch Of Oo.crlptions\Subm;Uod\2gg20J"97.dwg 71 ~ ~ltp.mN.1 C ~ J - March 28 2 6 ~~ ~3 f 15 o 2~ &0'00 200 GRAPHIC SCALE 10.1 11.1 12. 7 LOGAN EXISTING 50' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) EXISTING 50' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) PARCel NO. p.as. PERPrnJAL. 'ON-EXCLU9'tF ROAD O. w.. DRAINAGE. AND UT/U7Y CASBlENT ~ 104 SiQUARE FEET ~ :g, 22 ~ ..::! NORTH 150' OF TRACT 22 PROPOSED R. O. W. EASEMENT ...: 23.1 Ol ~ ~. ~ 22.1 ..::! SOUTH 180' OF TRACT 22 21 Ig ~ I I~ ~ I ~ ~ ~l~ I GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGES 23 JJO. 0.0.' (PLA T) LEGAL DESCRIPTTON ALL THA T PART OF TRACT 22, GOLDEN GA TE [STA TES UNIT 34, PLA T BOOK 7. PACf 23, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHWEST CORNER OF SAID TRACT 22; THENCE ALONG THE SOUTH LINE OF SAID TRACT 22 NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'28'17" WEST 180.00 FEET,' THENCE NORTH 89'29'42" EAST 6.7/ nET; THENCE SOUTH 01"39'47" ~ST /80.13 FEU TO THE POINT OF BECINNING. CON TAINING 604 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5/6/04 KLR/502 EXHIBIT A Page..12.. of]][] ... NorA SURVEY ... j'I,. LANe T 'R, P o.Ff AL. SURVEyo.R &: MAPPER FLORID~ RE?f~TR~., . . L: #5627 NOT VALID UNLtSS SIGNED BY THE SURYrYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CCRFIFICA TE OF AUTHORIZ~ nDN I LB-4J LEGEND: ",-"" "" "" ""'" "'" "l ~~b~~N~ASEMENT ~ PROPOSED R.O. W. EASEMENT R.O. W. = RIGHT or WA Y BEARINGS AJItC BA$lll (It Na/7H AMCR/CAN D4nM (N.A.D) '~-"fC ADJJSTlltl/7 ./Alr fUN{ CtJO/IDINAIt SYS7EI/ IIJIIf)) TOIl nGWllA lAS' zrN: PROJECT NO.: 62081 PARCEL NO. , 198 Wil.MiIIBrM'~"- -, ~. Ecc/cQIfCI 'lUl>o)'Ol'J' L-.".ArcHl<<:II' TfIIlIpOrl.IIonCMocilw WIson.\IIIor, Inc. _'Fm......._,_.T_ .IIIIlBolorL-.....IDC.___.___.Ftz_.____ CLIENT, COLUER COUNTY TRANSPORTA TlON, ENGINEERING It CONSTRUCTlON MANAGEMENT D/Y7S1ON TITLE, SKETCH AND D~CRlPTlON BolNG PART OF THF: SOUTH lBO' OF' TRACT 22. GOLDEN GA TE: E:STA TE:S UNIT .34. PLA T BOOK 7, PAG. 23. COWE:R COUNTY, FLORIDA DATE; II"OJECT NO,l SHeET NU'-'BER; fll.t NO.; 04/2002 N5022-002-0tO- TOHWP 198 or xxx 2GG-20J May". 2004 - OB: 35: 43 lMllLER!X: \SUR\N6022\Skel:h Of Descripllon,\5ubmltted\2gg203s19B.dwQ 10.1 71.1 11 ~.. ~lt~mN 1 C Lr.t --1'- - . . -March 28, 2 6 ~ f115 r_ ~ o 25 &0 100 %00 GRAF'HIC SCALE 72.7 1~'1 PO.c. NW CORNER TRACT 22 EXISTING 50' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) EXISTING 50' EASfMENT FOR R; O. W. PURPOSES (PER PLA T) PROPOSED PERPrnJAL. NON-EXa1JSlVE ROAD R.a. w.. DRAINAGE. AND &l U77U7Y EASEJlENT r;::, '..us stJUARE FEET ~ PROPOSED R,O.W. EASEMENT 23.1 ~ :lo. ..::! 22.1 SOUTH 780' OF TRACT 22 22 ~ ~ ~ :lo. ..::! 27 Ig ~ I I~ ~ j ~ ~ ""3 ~ NORTH 750' OF TRACT 22 GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGES 23 330.00.' (PLA T) lEPAL DESCRIPTTON ALL THA T PART OF TRACT 22, GOLDEN GA TE fSTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, BEING MORE PARnCULALRY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 22; THENCE ALONG SAID NORTH LINE NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BfGINNING; THENCE CONnNUf NORTH 89'29'42" EAST 12.30 FEET,' THENCE SOUTH 01'J9'4r ~ST /50.11 FfET,' THENCE SOUTH 89'29'42" ~ST 6.71 FEET,' THENCE NORTH 00'28'lr WEST 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,426 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5/6/04 KLR/502 EXHIBIT A Page~of 107 ... NtiT :A$lJRYEY ... LANCT, '/?, P o.Ff 'AI! SURVEYOR cIc MAPPER FLORIDA R(~'STR.A ,. .LS(:/627 NOT VALID lJNi.ESS:SIGNfD'EY'THE SURVEYOR AND SEALED 'MTH THE SURVE:YOR'S,EM80SSfD SlAL. CERrlFlCA T[ o.r AUTHDiNIAnON1LB-4J BC-.s A1It ".Ill> 01( NDl/IH ~~::.r..:fk'~IE S~/DI 1_1'0/1 nOllJDA CAST ZONe. LEGEND: ~\. "" "" '" "" "" "1 ~~~N~ASEMENT ~ PROPOSED R.O. W. EASEMENT R. O. W. = RIGHT OF WA Y PROJECT NO.. 62081, p....eEL NO. : 199 Wils;nMiller-'~UN- !'I.mon . ~ . ~ . __. ~Arc:hIocIII . """"""""'CorOIifri WiI<lnMiIer, me. HI1*r.1bj~'_'_'T_ all""'La, ....,.,.. -_._ _. Fa HI-UH7lI.1lIHIo __ Cl.ItNT: COUJER COUNTY TRANSPORT}, 17ON. ENGINEERING eft CONSTRUC17ON I.IAN},GEl.fENT OMS/ON mlt: SKETCH AND DtSCRIP170N f3DNG PART OF THE NORTH 150' OF TRACT 22, GOLDEN GA Tf ESTA TfS UNIT J4, PLA T BOOK 7. PAGE 2J, COLLfER COUNTY, FLORIDA DATE:" ""WECT NO.: SHE T Nuwe Itt lI.E "lCM 04/2002 N6022-002-0/0- TDHWP 199 or XXX 2GG-203 ,,"oy 10. 2004 - 09; 52; 47 LMILLERlx: \SUR\N6022\Skelch Of Oe.CliPlion.\Submitted\2gg203SI99.dwg I I PROPOSfD PERPETUAL. I NON-EXCLUSIVE: ROAD R.O. w., DRAINAGE. AND .;'" unLlTY EASEMENT O",~'l.~ 4,25J SOUAR( fTfT ~, AO.& NOO78'/7'W 245.67' JJo. 00' (PLA T) EAST LINE OF SECnON 11 . WEST 315' OF TRACT 12 12 71 (XISTlNG 60' eASEMeNT FOR R.O,W, PURPOSES PCR PLAT ~ 8. ~ :... ..::! 12.1 EAST 365' OF TRACT 12 PARCEL NO. :J 60 ~ ~ ..: r::; N0.2'J6'/9'W "l. ~ 18.90.' ~. P.O.B. P.O.c. 5.[, CORN(R OF TRACT /2 ~_~ltemN.1 C .t:l..t 01 ch 2 , 2 06 Page 85 of 15 ~- I I o ~ DO toa 200 CRAPHIC SCALE GOLDEN GA Tf ESTA TES UNIT 34, PLA T BOOK 7. PAGES 23 13 PROPOSED R.O.W. EASEMENT EXISTING 50' EASEMENT FOR R.o. W. PURPOSES (PER PLA T) EXISTING 50' EASEMENT FOR ~ O. W. PURPOSES (PER PLA T) 22 21 20,1 LEGAL DESCRIP nON ALL THAT PART OF THE EAST 365 FEET OF TRACT 12, GOLDEN GAT[ ESTATES UNIT 34, PLAT BOOK 1, PAGE 23, COLLIER COUNTY, FLORIDA, AND B[!NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 12; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" ~ST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'29'42" WEST 12.30 FEET; THENCE LEAVlNG SAID SOUTH TRACT LINE NORTH 02'36'19" WEST /8.90 FEET,' THENCE NORTH 00'28'17" WEST 245.67 FEET; THENCE NORTH 3075'25" ~ST 40.83 FEET; THENCE NORTH 89'29'42" EAST 33,28 FEET; THENCf SOUTH 00'28'17" EAST 300.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,253 SQUARE FEET MORE OR LESS. SUBJfCT TO EASEMENTS 4( RESTRICTIONS OF RECORD. REVlSfD 5-6-04 KLR/502 REVOSED 06-01-04 . *** NOT A SURVEY *** .A,~,'EP.,/1"'" .. "LS'",y'..~.~", 'fN,C. ~~/I,~ ANDREW B. BECK, PROFESSION"" SV1I" }l7R .t MAPP(R . -FLORIDA' ReGIS TRA TlON. LS16065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEAL(D YrfTH THE 'SURVEYOR's (MBOSSED SEAL. CCRFtFtCAT[ Of' AUTHORIZATION I LB-4J E_<<_",,_IH ~ /l</IW (/I.JJI) /1IIJ-/1fO AIJAJSfIID</ pArr 'lMI[ -..rr SJ'SIDI {allDI ffJIIll_ CASr .IDOlr. PROJECT NO., 62081 P....CEL NO. , 200 Wil.Millei.-~~- -. ,~. ~ . ~ . Le1dIclp~ 'lIIIIlpcrfdon c:a.- ~,hc. ....,.,1/1III._,_.1..,. -....,L.,.MtIllJ.......__.__.,.._.__ CUENT: EXHIBIT A Page '11 o'fI.Q!j LEGEND: ~ '" "" '" '" '" '" ~ 7t'r1:NlASEMENT ~ PROPDSED R.O, If. EASEM(NT R.O.W. .. RIGHT or WAY P.D.B. 2 POINT or BEGiNNING P.OC. .. POINT or COMMENCeMENT COLLI(R COUNTY TRANSPORTA TlON, ENGINE(RING de CONSTRUCTION MANAGEMENT DIVISION TITLt, SKETCH AND DESCRIPTiON 80NC PART OF THe f:AST 365' OF TRACT 12, COLOeN CATe eSTATF:S VNIT 34, PLAT 800K 7, PACe 2J, COLLieR COVNTY, FLORIDA PROJECT NO.: srlEET NUIwIBER: FlU; 1010.: N6022-002-0/0-TDHv.P 200 or xxx 2GG-203 Jun 01, 2004 - 13:25: \0 KRlIlESlX:\SUR\N8022\Ske,ch 01 0..",lptlon.\SubmIUod\2gg203s200.d1f9 Mlt: 04/2002 11 12.1 13 ~-~ltQmN.1 C ~ March 28, 2 6 ~f15 o 2~ lID 100 200 GRAPHIC SCALE P.O.B. ~~ 18.82' ~1s. SOI'J9'4rW ~ ~ NO. ;)01 ~ :.. ~~ .... C) ~ ~I ~ ~ ~ 1 8, ~ ~k ~ EXISTING 60.' EASEMENT ~ FOR R. O. W. PURPOSES PER PLA T PROPOSED R.o. W. EASEMENT &l >:i ~ :tr s;: ..::! PROPOSED PERPETUAl., I NON-EXCLUSIVE ROAD R. O. w., DRAINAGE. AND UTlUTY EASEMENT 4,24J S(J(jARC FEET 21 WEST 340' OF TRACT 21 20.1 22 27.7 EAST 340' OF TRACT 21 J:1O.o.o.' (PLA T) GOLDEN GA Tf ESTA TES UNIT 34, PLA T BOOK 7, PAGES 23 LEGAL DESCRIPTION ALL THA T PART OF THE ~ST 340 FEET OF TRACT 21, GOLDEN GA TE: ESTA TES UNIT 34, PLA T BOOK 7, PACE 23. COLLIER COUNTY, FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS: SUBJfCT TO EASEMENTS & RESTRICTIONS OF RECORD. COMMfNCING A T THE SOUTH~ST CORNER OF SAID TRACT 27: THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BEGINNING: THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'28'17" ~ST 300.00 FEET; THENCE NORTH 89'29'44" EAST 32.82 FEET,' THENCE SOUTH 28'52'24" WEST 40.44 FEET,' I THENCE SOUTH 00'28'77" fAST 245.95 FEET.' J THENCE SOUTH 01'39'47" ~ST 18.82 FEET TO THE SOUTH LINE OF SAID TRACT,' :~N:N:G~~2:;'::U:; :;:C~~;E ;:E:5.89'29'42" "'-5' 12.30 FEET TO THE PT' OF BEGINNING. I EXHIBIT .L Pall8,2L off I LEGEN~~ ... NOTA SURVEY... REVISED 5/6/04 KLR/502 "R, P OFf. ,:.4L, SURVf~ &: MAPPER FLoRIDA RtGISTRA ,LS 15627 I, ." ,," . Nor VALtDUNLl:SS ..sIGNED BY THE SURVEYOR AND SEALED 'MTH 'THE: SURVEYOR'S EMBOSSED SEAL. CERFlrlCA 1'[ Of' AUTHDRIZA TION I LB-4J EXISTING R. O. W. EASEMENT PROPOSED R.O.W. EASEMeNT R.O.W. '" 1GHT Of' WAY P. 0.8. '" OINT or BEGINNING P.D.C .. I OINT DF CDMMfNCEMfNr /lCARrNGS ARt IIA.Il'Il tIN HOI/rH - DAIlM (ll.A.fJ1 'NJ-'1fD AlMJSlIIlIir sTAIr I'lANC CllOlIlIiYA It S>SPlI1 I_I "'" TlOllJDA rAsr ZONe. PROJECT ~O., 62081 PAltCU ~O. I 201 CUENT, COLUER COUNTY TRANSPORTA 77ON, ~l.MI~ -........- ENGINEERING dt CONSTRUC770N MANAGEMENT O/VlSION r. ,. ~, "!LE, SKETCH AND DESCRIP770N .J .J U'j 8DNG PART OF THf II-!'ST J40' Or TRACT 21, ,......, ~ ~ ......,..... I..wdrcopo~ ~lIon~ GOLDfN CArr eSTATeS UNIT 34, PLAT 800K 7, PACf 2J, ' . '~.he:; . COLL/fR COIJNTY, FLOR/DA ... .,..,..,.., .....'........,. D'.T : PRC/r.J 0.: $tit aE F 0,.; 1IlJ...,lft,...,~__.__.....IHH>II.___ 04/'2002 N6022-002-010-TDHWP 201 OF xxx 2GG-20J ~oy 06, 2004 - 10: 02: 00 KRIMESlx: \SUR\N6022\Sketch Of OeSCrip\iO",\5ubmilled\2gg203s201,dwg JJo..OO' (PLA T) ~-~ltomN.1 C ~ March 28 2 6 '.- I - ~17 f 15 o 2~ 50 100 200 GRAPHIC SCALE 12 [AST LINE OF SECTION 17 tGOLDEN GA T[ ESTA TE:S UNIT 34, "' PLA T BOOK 7, PAGES 23 C) ~ :::r: EXISTING 60.' EASEMENT FOR R. O. II: PURPOseS PER PLA T :.... ~ ~ Il>~ ~ ~~ ~c::: ~~ ~ CIS "-3 13 &: p & 14 12.1 PARca NO. ;;. c>;l ~ :... ~ EXISTING 50.' EASEMENT FOR ~ O. W. PURPOSES I PER PLA T) EXISTING 50.' EASEMENT FOR ~ O. W. PURPOSES (PER PLA T) PROPOSED PERPETUAL. NON-EXaUSI~ ROAD R.O.W., DRAINAGE. AND UT1U7Y EASEMENT 4.214 SQUNIE FEET NOo.'28"7"W 255.45' PROPOSED R.O. W. EASEMENT LOGAN 21 20.' 19 LEGAL DESCRIPT10N ALL THA T PART OF TRACT 13, GOLDEN GA TE [STA T[S UNIT 34, PLA T BOOK 7. PACE 23, COLLIER COUNTY, FLORIDA. AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 13; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89"29'42" WEST 50.00 FEU TO THE POINT OF BEGINNING; THENCE LEA VlNG SAID NORTH TRACT LINE SOUTH 00"28'17" EAST 300.00 FEU; THENCE SOUTH 89"29'43" WEST 31.20 FEU; THENCE NORTH 27'17'48" EAST 39.05 FEET,' THENCE NORTH 00"28'17" ~ST 265.45 FEET.' THENCE ALONG THf NORTH LINE OF SAID TRACT NORTH 89"29'42" EAST 13.00 FEU TO THE POINT OF BEGINNING. CONTAINING 4,214 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5-10-'04 LTM EXHIBIT A r~ag9..:rL ofJj) '7 ... NOT. A. SURVEY... PREPARED' BY; ',' I?,. P OFf AL SURVEYOR ct MAPPER FLDRIDA REGIS7RA tS.js6;7 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED 'MTH THE SURVEYORS EMBOSSED SEAL. CERFIFfCA T[ or AU THORIZA nON I LS-4J St-.s ARt /lAStD ON I/OI/IH AI/CI/ICAN /l</1.llI (N.A.D) lfl}-'", AD.AJ$DlCNT STAIC /If.AJE CDiYIDINATr SlSJrII (at/ID) "'" TlORflA CAST ZONt. LEGEND: "''''' "" "" "" "" "" ~ f{bS~N~ASEMENT ~ PROPOSED . R.D.W. EASEMENT R. O. W. '" RIGHT OF WA Y P.O.B. '" POINT DF BEGINNING P.O.C. '" POINT DF COMMENCEMENT PROJEer NO.: 62081 PARCEL NO. : 202 Wil.Mille"~-~~- - . !l'Qi-. , ~ . ~ ' L-.,.. ~ . l'rwporl.""" C<<wUIItl/f WilOn\&r, Inc. IiI/*J,FortI/rn'''''''._.T_ ZIlI,.,ln.....llll,___,__.,.,~.___ CLltNT; COLLJER COUNTY TRANSPORTA nON, ENGINEERING Ie CONSTRucnON MANAGEMENT DIVISION TlTL.<: SKO'CH AND D~pnON BeING PART OF TRACT TJ, GOLDEN GA Te ESTA TE:S UNIT J4, PLA T BOOK 7, PAGE 23, COLLIER COUNTY. FLORIOA DATE; 04/2002 PROJeCT "'0.: N6022-002-010- TOHWP May 10. 2004 - 10:00:02 lMlllERlx, \SUR\N6022\Skel,r 01 Desoriptions\Submitted\2gg203s202dwg N ~~ lOt: r ~oo.'28'17'f '88.J6' S('lD.Sa6~ . g'i'01- 'Ol,S "" ".17'00"11' , '00. 26.66 :;.L \. PROPOSED PERPrnJAl., SOo.'2~' I NON-EXCLUSIVE: ROAD R. 0, W" DRAINAGE, AND UllUTY EASBlENT -1 ::-::: ~ 4.648 SQUARE FEET ~ fXISTlNG 60' fASfUENT ~ ~ rOR R.O. If. PURPOSfS PER PLA T jgsj, 20.1 ~ ~ WEST 340' ~ OF TRACT 20 EAST 340' OF TRACT 20 JJo..Oo.' (PLAT) 72.1 13 fXfSTlNG so' EASfMfNT FOR ~O. W. PURPOSES (PER PLAT) [J(fSTlNG 50.' EASEUENT FOR ~ O. W. PURPOSES (PER PLA T) . PROPOSED R.O. W. EASEMENT 21 21. , 20 ~-~lkmN.1 C ~ March 28 2 6 ~ I T f 15 o 2~ 110 100 200 GRAPHIC SCALE NO. ;J 63 COL EN CA TE ESTA TES UNIT 34, LA T BOOK 1. PACES 23 ~ ~ 79 ~ :... ..::! LEGAL DESCRIPTTON ALL THA T PART OF THE WEST 340 FEU OF TRACT 20, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMfNCING AT THE NORTH~ST CORNER OF SAID TRACT 20; THENCE ALONC THE NORTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH TRACT LINE NORTH 89'29'42" EAST 21.00 FEET,' THENCE LfA VlNG SAID NORTH TRACT LINE SOUTH 00'28'11" EAST 25.55 FEET,' THENCE SOUTH 08"37'08" WEST 50.64 FEET,' THENCE SOUTH 00"28'11" EAST 188.35 FEET; THENCE SOUTH 29V9'17" EAST 39.86 FEET,' THENCE SOUTH 89"29'42" WEST 32,13 FEET,' THENCf NORTH 00"28'17" ~ST 300.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,548 SQUARE FEET MORf OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5/6/04 KLR/502 ... . NOT>. A 'SlIRVEY ... R, P OFE AL SURVEYOR &: MAPPER FLDRIDA RtGtSTRALS./S5.21 NOT VALID UNLfSS SIGNfD BY THf SURVEYOR AND SfALfD WITH TH[ SURVrYOR'S fMBOSSfD SEAL. CERFlFlCA T[ OF AU'THORIZA TlON I L8-4J PROJECT ~., 62081 ."'CEI. NO. , 203 Wils.Mille'.'~~- ,......, avr-.. Eol/o;IofI,~ .~~ '~Ion~ ~no. lirIlIII. Fa1lo1ft._, _.r"", 1II>>"'~NlIJD''''__,,,,,,, _./"tIIH4H/I._--.... IlCARIIItIS ARC /IAn .., NC/IIII _ DATUI/ 1//.40) ,...,....,. AlMJS1I/DI' sTAIr "'101/{ -"11" Sl'SIEII I_I fC1t 1t0lll'JA CAS' ztI1It. CLI[NT~ May 06, 2004 - 10: 44: JJ KRIMESlx: \SUR\N6022\Sketch Of Oe,criplian,\Submitted\2gg20J$20J.dwg EXHIBIT A Page..1CL of.J.Q.1 LEGEND: ~ '" "" "-,,,,, ""\ \l ~~//:N~AS[MENT ~ PROPOSCD R.O.W. EASEMENT R. O. W. - RIGHT or WA Y P,D.B. - POINT OF BEGINNING P.D.C. - POINT OF COUMENCEMENT JJo.. 00' (PLA T) GOLDEN CA TE: [ TA rES UNIT 34, P~A T BOOK ,PACES 23 Ol ~ 8, 14 13 ~ :l> ..::! TRACT 14 LESS THE PINE RIDGE ROAD R,O.W. NO. b2 D~ ,,'S SQIW/f' FEET PROPOSED PERPETUAL. NON-EXalJ9'tF ROAD R.aw., DRAINAGE. AND UTlUTY EASEMENT S89~"4J"W 2.J6' So.o.'28'17"E /01.80.' ~ "-l \0 '" ....' i:> "-'g ~- O<<STlNG 50' EASEMENT FOR ~ 0. If. PURPOSfS (PfR Pt.A T) [XISTlNG 50' fASf:MfNT FOR ~ 0.. W. PURPOSf:S ,?fR PLA T) 10.0.0.' N. 00'24 '16'W. ~~ i3~~ ~~~~ ~"<~'lI ~ ;l2~~~ i:8 ~("j i'l:l (;i ....::(~ ....' ;II! .... 1'l ",;;e 14,1 ~% ~ ~ . ...' .... ~ r-! ~ ... ~ :l> ;:;; ~ g. .., t;i:;.., I ~~ ~~ ~ :;.., ~ t:::::I ~~emN 1 C ~ arch 28, 2 6 ~ f115 l"l- o 21!lO '00 200 GRAPHIC SCALE 75 LOGAN BOULEVARD LEGAL DESCRIPTTON ALL THAT PART OF TRACT 14, GOLDEN GArt [STArtS UNIT .14. PLAT BOOK 7, PAGf 2.1, COWeR Co.UNTY, nORIDA, AND BEING MORE PARnCULARL Y DESCRIBtD AS FOLLOWS; COMMENCING AT THE So.UTHEAST CORNER OF SAID TRACT 14; THENC[ ALo.NG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" Itf'ST 50..00 FErr; THENC[ LEA VlNG SAID SOUTH LlNf NORTH 00'28'17" Itf'ST 10.1.80 FErr ALONG THC Itf'ST LlNf OF AN EXISnNG EASEMENT FOR RIGHT OF WAY PURPo.SES TO. THE POINT OF BCGINNlNG: THENCE LEAVING SAID Itf'ST LINE saUTH 89"3I'4J' Itf'ST 2..16 Fcrr; THENCE 52.72 FEET ALONG THE ARC OF A NON-TANGE:NnAL CIRCULAR CURVE CONCAVE wrST HAVING A RADIUS OF 766.00 FErr THROUGH A CENTRAL ANGLE OF 18'11'42" AND BEING SUBTfNDEO BY A CHORD WHICH BEARS NORTH 0.9"3D'o.J' Itf'ST 52.49 FfeT TO. A POINT aF COMPOUND CURVE; THfNCE 4J.0.4 FEET ALONG THE ARC DF A CIRCULAR CURVE CDNCAVE SOUTHItrST HAVING A RADIUS or 46.0.0. FEET THROUGH CENTRAL ANGLC OF 5J'36'41" AND BEING SUBTfNDfD BY A CHDRD WHICH BEARS NORTH 4574'14" ItrST 41.49 FfET TO. A POINT OF COMPOUND CURVE; THENCf 52.25 FEU ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 166.00 Ffrr THROUGH CENTRAL ANGLE: OF 18'02'00" AND BEING SUBTfNDfD BY A CHORD WHICH BEARS NORTH 87'13'J5. IIfsr 52.DJ FEU TO. THf SOU TH RIGH T OF WA Y LINE o.F PINE RIDGE: ROAD; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE NORTH 89"35'44" fAST 58.86 Ffer.- THfNCE LfAVlNG SAID SOUTH RIGHT OF WAY LlN[ SOUTH 67'12'21" EAST .15.27 FErr.. THENCf ALONG THC AFORf/JfNnONfD Itf'ST LlNC OF AN EXISTING CASE/JCNT FOR RIGHT OF WAY PURPo.SCS SOUTH 00'28'17" EAST 15.58 FEET TO. TH[ POiNT OF BEGINNING. CONTAINING 1,/1.1 SOUARE Ffer, MORC OR LESS. SUBJfCT TO. fASEMfNTS AND RCSTRICTlONS OF RfCORD. ...NOT A SURVEY ... PREPARED,BY; WfLSONMILLER, INC. RVE'tOR .t MAPPER PAMer ..,0.: 62081 PAACEL NO. : 204 Wils.MilleiM~~- - . 6'flhHn . f'coIogOIo . ar.o,.n , lancIooopo __ . ~ CmdaIIfI 1+IoonWlI'eI', re. """f"<fflojwt'_'_.T_ =...,."'-Ut1:ll'.....__._ H/*-.FIl_.__.... EXHIBIT A Page,SL of-LQ2 CURVE TABLE CURl'[ RADIUS LENGTH DELTA CHORD SEARING CHORD CI 166.0.0.' 52.72' 18'11'42" N0.9'J0.'aJ"W 52.49' C2 46.0.0.' 4J. 0.4' 5J'.36 '41' N4s'24'14'W 41.49' CJ 166.0.0' 52.25' 18"02'00. N81'1J'Js.w 52.o.J' tlCARIItGS ARf BASED ON NC/II'H AJIC/fJCAN DA.r!Ai (N.A.D) ,tV-I,1O A/MISDlt:NT srA rr 1tANC COCR/JIHArr smnr I_I FrRI!_. CAS' ZOIL LEGEND: ~'" "" """" "" \"'l f{b~;'NfASfMEN T ~ PROPDSfD R, O. w. EASEMENT R.O.W. .. RIGHT DF WAY P.D.B. .. POINT or BEGINNING P.O.c. = POINT OF COMMENCEMENT REVlSEO 6/1/2005 REVISED 5/6/2004 REVlSEO 12/10./20.0.2 CLIENT: COUJER COUNTY 7RANSPORTA T1ON, ENGINEERING . CONS7RUCT1ON MANAGEMENT DIVISION TITLE: $KercH AND DESCRIPT10N BEING PART OF TRACT '4, COLDeN CA TE: eSTA rtS UNIT .14, PLA T 8DOK 7, PAGe 23, CDLLleR CDUNTY, FLORIDA PROJECT NO.: SHEE1 NUYBE'A: rlL.E NO.: N6022-002-010- TDHWP 204 OF XXX 200-203 Jun 01, 2005 - 1.3: 44: 17 CLANDjX: \SUR\N6022\Sketch Of Oescriptions\Suomitled\2Qg203s204.dwQ OAT,: 04/2002 fXfsnNC 50' fAseMfNT FOR R. 0 It: PURPOSfS (PfR PLA T) 500"28" rE IJ6.88' ~ '" bl~ ~~ r..f PARCEL NO 20,1 PROPOSED PERPETUAL. NON-EXQ.USI'tF ROAD R.a w.. DRAINAGE, AND U7lUTY EASEMENT 4'- SfJtJARE FEET ~ !::. ~ 19 ~ :... ..::! TRACT 19 LESS THE PINE RIDGE ROAD R.O.W. 20 GOLDEN G TE ESTA 7[S UNIT 34, PLAT OOK 7. PAGES 23 J30..0.0' (PLAT) L ~- ~lt"'mN.1 C ~ -, - March 28 2 6 ~ ~o f115 o ~ ~ ~ ~ GRAPHIC SCALE BOULEVARD PROPOSED J R.O.W. EASEMENT ~ ~ r-. ~~ ~S ~ ~ ~ ~~ ~ ~ ~ t:;:, -5 18 ,..,~ :d!l ~ Ri !::.~~i'tI ~~~~ ""-':i::'1l ;ll~,",~ ~~~~ ....=<~ ill; LFGAl DESCRIPTTON ALL THA T PART OF TRACT 19, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PACE 23, COWER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THf SOUTHWEST CORNER OF SAID TRACT 19; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'28'lr WEST 2D1.09 FEET,' THENCE ALONG THE SOUTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WA Y NORTH 89"35'45" EAST 54.59 FEET,' THENCE LEA VlNG SAID SOUTH RIGHT OF WA Y LINE SOUTH 27'1026" WEST 72.40 FEET,' THENCE SOUTH 00'28'lr EAST 136.88 FEET,- THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" WEST 21.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,300 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED. 5/6/04 KLR/S02 , .. , . I" ...,' !for,:4 . Sl$YEY ... LANG r 'R,.A .OFf. ~L" SURVEYOR tIt MAPPfR FLORIDA REGIST8t< . . . LS 15621 NDr VALID UNLeSS SIGNED BY THf SURVEYOR AND SeALeD 'MTH THe SURVEYDR'S EMBOSSED SEAL. CERFIFlCA T[ OF AUTHORIZA nON" LB-4J It:AIIJNOS AIIC /lASED ON I/DIIrH AlltTl1CAN Do41W (1I.A.D) 1Ml-/"" AJWs7lKNT sTAIr "LAoW -.rc Srs7EII (CRlDI TDI/ 1\l"IIo' fAS' :tONc. PROJecT NO.: 620lJ1 p""eEL NO. : 207 Wils~nMiller-'~""- "",-. ~. EooIogIoII' -"", .~_" T~,","Ccwul'ri WiIcnMIi'tt-, .he.. -'I'cr1~"_"_"T_ =""'~"I/l'J.,.,..-_,__"I'tl_"___ EXHIBIT -L page..&L of.J..Q:). LEGEND: l"" """" "" "" "" ~ ~~/F~Nf:ASEMENT ~ PROPOSEO R.O.1t: [A~MfNT R. O. It: '" RIGHT OF WA Y P.O.B. .. POINT OF BEGINNING P. D. C. ... POINT or COMMfNCfMfN T CLJE..,.: COLUER COUNTY TRANSPORTA 77OH, ENGINEERING cfr COHSTRUC77OH UANAGEMENT DIVISION TitLE: SKE:TCH AND DESCRIPTION BEING PART Of" TRACT /9, COLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PACe 2J, COLLIER COUNTY, FLORIDA OA.TEI PROJECT NO.: SHEET NUWBtR: FILE NO.: 04/2002 N6022-002-010- TDHWP 207 or xxx 2GG-203 Moy 10. 2004 - 10,04, 32 LMILLERlx, \SUR\N6D22\S.etch or De,c,iplion,\Submltl.d\2992D35207.dw9 21.5J' 62.38' (PLA T) N.00'24'16"W. 20..00.' J0.8.51' (PLA T) ~ ~f51ltem .1 C ~ ~March2,2 6 ~~ ~10f 15 o 25:.0 100 200 GRAPHIC SCALE :!J 'tli:!3i "'o~R\ !C5~~;!1 ~~~~ "'''(~'tl ~~~~ ~<"i:l:;I) ....~o ~ GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGES 23 15 TRACT 15 \Jl LESS THE ~ ~ PINE RIDGE ROAD ~ '" R. 0. W. ~ "" ~ ..: ~ ,. ... ~ -::::! ~. ~ 16.1 76 V>~ "" :.. ~~ Ol ~ "" ~~ ~ PARca NO. ~o~ P le ~ ~ PROPOSED PERPETUAL, \::l NON-EXCLUSIVE ROAD R.O.If., DRAINAGE. AND unuTY EASEMENT 16.284 SQUARE FEET PROPO ED R, O. W. E As'EMfN T LOGAN BOULEVARD eXISTING 50' EA MENT FOR ~ O. IV, PUR. OSES (PER PLA T) I 19 18 17 17.1 LEGAL DESCRIPnON: SEE SHEET 208A EXHIBIT A PageBo~ REVlSEO 5/6/04 KLR/50.2 *** NOT A SURVEY *** R, 'P OFf AL SURVEYOR &: MAPPER rLORIDA RECISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SeALED 'MTH THe SURVEYOR'S EMBOSSED SeAL. CERFtrICAT[ or AUTHORIZATION I LB-4J BCMlNGS ARE /lASED ON NCRI>I =C:;~::JN.~fk'~lf SJ:I'1lII I_I fIR nllftlol lAsr Z01It. LEGEND: ~ "" "" "" "" "" "" "I ~~~~NlASEMENT ~ PROPOSfD R.O.W. EASEMENT R.O. IV, " RIGHT OF WA Y P.O.B. " PDINT OF BfGINNING P.D.C, " PDINT Dr COMM[NCEMfNT PROJECT '<<l.: 62081 PARCEl. NO. : 208 Wil.Miller.'~w- - . ~ . ~ . an.y"n . L..-.".~ . ~Ilcrl Cl:rloWnII ~,.Inc:. _ .1\rt1!Wl . _ . __. r.... -8lrl<ot,MoIfJlJ.,..__.",.,,_.Ffl_.____ CLIENT: COLU~R COUNT'( TRANSPORT A T10N, ~NGtNE:ERtNG &: CONSTRUCnON MANAG~MENT DMS/ON met: SKETCH OF DESCRIPT10N Bf:ING PART OF TRA.CT IS, GOLOEN GA TE E:STA TES UNIT 34. PLA T BOOK 7, PAGE: 23, COLLlE:R COUNTY, FLORIDA. [)ATt; ~RO.lECT 0.: SHEET 8ER~ 'II.!: .; 04/2002 N6022-002-010-TOHWP 208 OF XXX 2GG-20J May 06. 2004 - 14.16' 08 ~RIMESIx, \SUR\N6022\Sketeh Of Oesedp\ions\Submilted\2gg20J,208.dwo Agenda Item . 1 C March 2 ,2 6 Page 92 of 15 PARcel NO. ~ 0 ~ LEGAL DESCRIPTTON ALL THA T PART OF TRACT 15, COLDEN CA TE: ESTA TES UNIT 34, PLA T BOOK 7. PACE 23, COLLIER COUNTY, FLORIDA, AND BflNG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 15; THENC[ ALONG THE NORTH LINE OF SAID TRACT SOUTH 89"29'42" ~ST 50.00 FEET TO THE POINT OF BEGINNING: THENCE LEAVING SAID NORTH TRACT LINE SOUTH 00'28'17" EAST J08.73 FEET,' THENC[ ALONG THE NORTH LINE OF exiSTING PINE RIDGE ROAD RIGHT OF WAY SOUTH 89'35'44" HofST 150./1 FEET; THENC[ LEAVING SAID RIGHT OF WAY NORTH 47'55'28" EAST 156.62 FEET.' THENCE NORTH 00'28'17" ~ST 204.55 FEET TO THE NORTH LINE OF SAID TRACT; THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 89'29'42" EAST 33.00 FEU TO THE POINT OF BEGINNING. . CONTAINING 16,284 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVlSfD 5/5/04 KLR/502 EXHIBIT A Page..2!L 000 LANC, r 'R,'p, OF[, JlL 5UFrVEYOR &: MAPPfR rLORIDA R~GlS~A '. LS 15627. . Nor VALID UNLfSS.SIGNfOBY THf SURVEYOR AND SEALfO 'r'ATH THf SURV[YOR's'[M80SSfD SEAL, CfRFlrICAT[ or AUTHORIZAnON I LB-./J IK_ ARC /lASeD ()N """lit __CAN DA>UIt IUDI 1NJ-IHO AlJJJSFlENT STAll' PlAIC lXXJI/DINAll' SYSIl'M III/IIDI f(III nQlllJA CAST ZONC. ... NOT A SURVEY... ".OJEeT NO., 620B7 'AIleE_ NO. r 208 Wil.nMillefM'~w- ,.,... . ~ . EocioQIoio . a..-. . L.onaIoopo ArdrIocII . ~"" ~ IWoonIMtrt: tlc. ... '1lIf1tn ,_ .-.1lIJlI .._l.rlo...IIlI......__,__.",_.___ C_IENT, COLLIER COUNTY 7'RANSPORTA nON, ENGINEERING Ie CONS7'RUCnON MANAGEMENT OMS/ON TlTlJ;' LEGAL OESCRIP710N B~ING PART Of' TRACT 75, GOLD~N GAT~ eSTArrS UNIT 34, PLAT BOOK 7, PAGe 2,], COLLIeR COUNTY. FLORIDA . o,4.T~ "ROJ CT OJ SHeET U Ic:ltr '11.1 0,", 04/2002 N6022-002-010_ TOHWP 208A or xxx 2GG-20:J May 06. 2004 - 14: 22: 01 KRIMESlx: \SUR\N6022\Skelch Of O..criplion.\Submltted\299203.208A.dW9 14.1 15 ~ ~ o 2~ ~ 100 GRAPHIC SCALE ~tem N March 2 ~ 13 200 .1 C 2 6 f 15 EXISTING EASEMENT rOR R. O. W. PURPOSES PER OR. BOOK 2660., PAGES J386-3J87 PROPOSED J R. O. W. EASEM[. T LOGAN EXISTING so' ASEMENT fOR ~ O. W. P RPOSES (PER PL T) EXISTING so.' ASEMENT fOR ~ O. W. P RPOSES ,PER PL T) ~ ~ ~~ ~~ <>~ ~~ 1lt ~ ~ ~ ~ & ~ ~ 19 ~ <..; ~ "" :.. ...' <0 ..::! ... <..; ~ Ui .... ... "" ~ ~ "" ~ "', ,.. ~. ." ~~~~ ~~~~ ~~~~ l;:l;~'ll ~~~5: ,. 8<:::> ~<')~~ ~=:(!:) ;or; PROPOSED PERPETUAL. NON-EXCWSlVE ROAD R.O. w., DRAINAGE, AND U71U7Y EASEJlENT '4.011 StJIJARC FEET PARCel NO. ,1 OJ 18 0), ~ 8, ~ :... ..::! 17 17. 1 TRACT 18 LESS TH[ PINE RIDGE ROAD R.O,W. GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGES 23 JJO. 0.0.' (PLA T) IJ.o.O' So.o.'28'17"E 40 LEGAL DESCRIPTTON:SEE SHEET 209A REVISED 5/6/04 KLR/50.2 , PREPARED BY: 'MLSONMI; .. (Ne. . ... EXHIBIT A page~om NOT A SURVEY ... LAN T R: P. OFf: AL SUfj VfYOR &: MAPPER FLORIDA REGIST1!A LS 15621 NOT VALID UNLESS SIGNED', BY THE SURVEYOR AND SEALED mTH THE SURVEYOR'SEMBOSSfD SEAL. CtRFIFfCA TE Dr AUTHORIZA TION I LB-4J B€AR1NGS AIlE /lASED ON NDlfIH AlD/ICAN /l</1.llI (ll.A.D) INS. 1m ADJJS11JfN7 srAIr PlANt COCIiIWItiAJZ" S'ISICII (aIJD) rar """"" CASt ZC/tC. LEGEND: '" "" "" "" "" "" "" ~ ~~b~~NiASEMfNT ~ PROPOSED R. O. W. EASEMEN T R.o. W. '" RIGHT OF WA Y P,O.B. " POINT or BEGINNING P. O. C. " POIN T or COMMENCE MEN T ORB. " OFrlCIAL RECORDS BOOK PROJECT NO.: 62081 ."CEL NO. , 209 Wil.Millei'-'~Od- ,.,.,.".,.,. ~,~, an.,.r.. ~.4rdiIf<II . ~.,""C<noWmI WfIIonI.IiIer, he. """.f<11l/lW1._._.r_ :Illl1Ilo1orLMio"aJl."'__,__,FV~,_ __ CWENT, COLLJER COUNTY TRANSPORTA TlON, ENGINEERING & CONSTRUCT1ON MANAGEMENT DIIlfSlON TIT.E: SKO'CH OF DESCRIPTION BFfNG PART OF TRACT 78, GOLDeN GArt fSTArtS UNIT J4, PLAT BOOK 7. PAGe 2J, COWeR COUNTY, FLORIDA o...TE: PROJE:CT NO.; SkEET NUMBER: FILE NO.: 04/2002 N6022-002-010- TDHWP 209 0, xxx 2GG-20~ Moy 10. 2004 - 14: J5: 53 LI.AILl.I:Rlx: \SUR\N6022\Sketch 01 Oe5cdplions\5ubmitled\2gg203s209.dwg Agenda Item N . 1 C March 2 ,2 6 Page 94 f 15 PMCB. NO. ..104_ LEGAL DESCRIPTTON ALL THA T PART OF TRACT 18, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING A T THE NORTHWEST CORNER OF SAID TRACT 18; THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BfGINNING: THENCE CONTINUING ALONG SAID NORTH TRACT LINE NORTH 89'29'42" EAST 1300 FEET.' THENCE LEAVING SAID NORTH TRACT LINE SOUTH 00'28'17" fAST 223.02 FEET.' THENCE SOUTH 45'49'40" EAST 103,89 FEET.' THENCE NORTH 89'35'44" EAST 54309 FEET; THENCE SOUTH 00'28'17" fAST 13.00 FEET; THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WA Y SOUTH 89.35'44" WEST 596.60 FEET.' THENCE NORTH 41"45'21" WEST 50.62 FEET.' THENCE NORTH 00'28'17" ~ST 270.91 FEU TO THE POINT OF BEGINNING. CONTAINING 14,097 SQUARE FEU MORf OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISfD 5/6/04 KLR/502 EXHIBIT A PageA otIili . ,I: LANe. T 'R,' A Ofi :4L 'SUR~YOR &: MAPPER FLORIDA REGISTIfA '. LS.f~62i No.T VALID IJNLfSSS1CN8J.:BY THE SURVEYOR AND SE:ALED 'M TH THfSURVEYOR 's' EMBOSSED SE:AL. CERrlFtCA TE OF AUTHORllA TtON I LB-4J <<_ NfC /IA.SlI) ON NOIIIH =r~::Nfk/~IE SYSIFII If/f/JDI 'CII rt__ lAST ZfJNt. ... NOT A SURVEY ... PROJW NO.. 62081 . p....m NO. · 209 CLItN'T, COUJER COUNTY TRANSPORTA nON, ~'.M1~. -.. ,,,""- ENGINEERING II: CONSTRucnON IIANAGalENT DIVISION r. ,. ra. TITLE. LEGAl. DESCRIP710N .J .J U. SEING PART Of' TRACT 18, 1"IImrr'~'Ecoq;iolo'~'~-""~lIllnConollt...", GOLDEN GATE ESTATES UNIT J4, PLAT BOOK 7. PArJE 23, WIItonYIIlor, ha COLLIER COUNTY. FLORIDA NIF*I . 'ar".,,... . ,... . ..... . r..- OA I PftOJE NO.1 SH T NUa.lSf;R: F1 ~O.: -8lIlrlM>o..JlO.___.__......._.___ 04/2002 N6022-002-0l0-TDHwP 209A OF xxx 200-203 May 06, 2004 - 14,38: 40 KRII.lESlx: \SUR\N6022\Sketch 01 OUcriptlon.\Submltted\2QQ203.209A.dwQ 18 )t.:;;) ~tem No 1 C ~ I March 28, 2 6 ~f15 l"l- ~ o 25 511'00 100 GRAPHIC SCALE 79 ;.!:! :t:J~;;: ~!:)",,"l p~~;:o 011::>....1:5 ~~;;)~ ~~~:t:J ~~8~ ~<'l~;o "'=<1:) ;lO PERPET1..W.. NON.EXcl..usrve ROAD RIGHT ..()F'-Y, DRAINAGE AND unUTY EASEMENT 297.0.1' P.o.c. N.E, CORNfR OF TRACT 18 680..0.0' (PLA T) WEST 70S' OF TRACT 40 1,348 SQUARe FCU PARCEl NO. :J 1 D ::E ~ ~~ $1' ~ <'l~ ~~ ;E IJ.o.o.' So.o."28'I7"E 40 EAST 7S' OF WEST 180' OF TRACT 40 g ~ 39 g ~ ~ :>. ..::! TRACT 40 LESS THE PINE RIDGE ROAD R.O.W. -=b' ~ ~ ~ ~ t::l "'-- PROPOSED R. O. W. EAST 7S0' OF TRACT 40 42 680..0.0.' (PLAT) GOLDEN CA TE ESTATES UNIT 34, 41 PLA T BOOK 1, PAGES 23 LEGAL DESCRIP TTON ALL THA T PART OF THE Hf"ST 105 FEET OF TRACT 40. GOLDEN CA TE ESTATES UNIT 34, PLA T BOOK 1, PAGE 23, COWER COUNTY, FLORIDA, AND BE/NG MORE PAR TiCULARL Y DESCRIBfD AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF TRACT 18 OF SAID PLAT AND A POINT ON THE Hf"ST LINE OF SAID TRACT 40; THENCE ALONG THE SAID WEST TRACT LINE SOUTH 00'28'17" EAST 297.01 FEET TO THE POINT OF BEGINNING: THENCE LEA VlNG SAID WEST TRACT LINE EASTERL Y 105.01 FEET ALONC THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 01V3'59" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89'03'32" fAST 105.00 FEET,' THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 00'28'17" EAST 13.00 FEET,' THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WAY ~STERLY 105.01 FEET ALONG THE ARC or A CIRCULAR CURVE CONCA VE NORTHERL Y HA VING A RADIUS OF 5,654.58 FEET THROUGH A CENTRAL ANGLE OF 01'03'50" AND BE/NG SUBTENDED BY A CHORD WHICH BEARS SOUTH 89V3'J6" ~ST 105.00 FEET,' THENCE ALONG SAID WEST TRACT LlNf NORTH 00'28'17" Hf"ST 13.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,348 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT ...1L Pagen of...LKl. REVISED 5/6/0.4 KLR/502 *** NOT. A SURVEY **. R, P. OFE ilL SURVEYOR .t MAPPER FLORIDA R(CISri?:4 L~ 15627 NOT VALID UNLess SIGNED BY THE SURVEYOR AND SEALED 111m' mE SURVEYOR'S EMBOSSED SEAL. CERFIFICA TE OF AUTHORIZATION I LB-4J PROJEOT NO., 620B1 PARm NO. , 210 Wils,nMiller-'~~- -.. ErV-'r. EcciogIrft . an.rcn . ~~. ~d", Caldonll Wioon.YiIer, ~ """~I/rn'_'~.r""" .lilXllilIor~8*213'___,_ -"'IVJH4H1II'___ BlARWGS ARt 610StD ON _01 ~ /l<1tII1N.A.D) rHJ.llIO AAVS1lIIIf' STAlE Pl."'" ClXllIlI<AIf sr>7EII I_I '01/ n""", CAST ZOIfC. CURVE TABLE NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING / 564/.58' 0/'OJ's9" 105.01' 52.50.' 105.0.0.' N.89'OJ'32"E. 2 5654,58' 0./'OJ'50." /05.01' 52.50.' 10.5.0.0.' S.89'OJ'36"W. LEGEND: kXxX><><><><I PROPOSEO R. O. It. R.O. W. '" RIGHT or WA Y P.O.B. ~ PDINT or BEGINNING P.O.c. = POINT OF CDMMENCfMENT -, '; I ,.. ~ Moy 06. 2004 - \4; 57: 09 KRIMES!X: \SUR\N6022\Skelch Of Oe,criplions\Submitted\2gg20Js210.dwg CLIENT, COWER COUNTY TRANSPORTA nON, ENGINEERING It CONSTRUCTION MANAGEMENT DIV7S/ON TITLl:1 SKETCH AND DESCRIPTION BCING PART OF THC ~ST lOS' OF TRACT 40, GOLDCN GA TC CSTA TCS UNIT .34, PLA T BOOK 7. PAC. 23. COLLlCR COUNTY, FLORIDA DATE; PROJEc:T NO., SHEET NU 8E'" FIll: 0" 04/2002 N6022-002-010-TDHWP 2/0 OF xxx 2GG-203 ,,. ..uu, JJo.//' (PLAT) ~ ~~tgm N . 1 C March 28, 2 6 ~ ...... ~ f 15 Q) 0 2& &0 100 200 COLDEN GA T[ E fA TES UNIT 34, ~I GRAPHIC SCALE PLA T BOOK , PAGE 23 I ~ 16.1 16 ~ 0) NORTH 780'~ 1!3 ~ EX/snNG 60' EASEMENT 15 15 SOUTH 750T ,... ~ FOR R. O. W. PURPOSES PER PLA T ~ ... <0. ~ OF TRACT 76 OF TRACT 16 ~ ~I COLDEN CA T[ ESTA TES UNIT 32, :... :... PLA T BOOK 7, PACE 21 ..::! ..::! ~ 7.1 tIS I -'1 PROPOSEO R. O. W. EASfMENT ~ NOO'28'/7"W PARcel NO. ), I ) !J> 7.5J' 10. ~g EXISTING 50' EASfME T '" 1'e' FOR 1. 0, W. PURPOSE PER PLA T) LOGAN OULEVARD EXISTING 50' EASEM[. T FOR ~ O. W. PURPOSE PER PLA T) 18 77 17. I 30 LEGAL DESCRIPTTON ALL THA T PART OF THf SOUTH 150 FEET OF TRACT 15, COLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7. PAGE 23. COLLIER COUNTY, FLORIDA, AND BflNG MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 15: THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89'29'42" ~ST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89'29'42" ~ST 33.DO FEET,' THENCE LEAVlNC SAID SOUTH TRACT LINE NORTH 00'28'17" ~ST 58.20 FEET,' THENCE NORTH 12'52'42" EAST 86.62 FEET,' THENCE NORTH 00'28'1 r ~ST 7.53 FEET; THENCE NORTH 89'29'42" EAST 13.00 FEET; THENCE SOUTH 00'28'1 r EAST 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,951 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD. REV/SED 5/6/04 KLR/502 EXHIBIT A Page.2,Lof 107 ... NOT A SURVEY ... R, P OFF AL SURVEyo.R &: MAPPER FLORIDAREC(STl?A. . LS.,fs627 No.T VALID UNLtSSSIGNEO BY THE SURVEYDR AND SfALfO 'MTHTHE SURvtYOR'S EMBosseD SEAL. CERFtrICAT[ or AUTHORIlAnON I LB-4J Bt_ ....: AUtD CIf _IH ~~:1,f'nk'~/C S";/CII IG1/iO) f()/f n OII1DA CAST ZOIE. LEGEND: ~ "" "'" "" "'" "" '\3 f{b~~NlASEMrNT ~ PROPOSED R.O.W. EASEMENT R.D. W. .. RIGHT or WA Y P,O.B. .. POINT or BEGINNING P.D.C, '"' PDINT or CDMMfNCEMENT PROJECT NO.: 62087 P....CEL NO. I 211 CliENT: COUJER COUNTY TRANSPORTA T1ON, ~) 1111 -... ......,....... ENGINEERING It CONS'TRUCT1ON MANAGa.fENT DIVtSlON r, reA.. "ra. TITLE: SKETCH AND DESCRIPT10N ,J "V.,J fJ fiji. BEING PART OF THe SOUTH 150 Fen OF TRACT 16, - ~ EcdogIr/o ~'LondootpoArdlloctl ~IlonConocllW GOLDEN GATE: eSTATES UNIT :U, PLAT 800t< 7, PAGE 23, . . . WI'IonMitt; Inc. ' COLLIER COUNTY, FLORIDA -- . F<rf~ ' - ,--, _ !)Aft! PROJECT NO.: SHE NUUB[~1 mE NOJ a.,LoloUlm.___,__......_.iIW1-lik__ 04/2002 N6022-002-010-TDHM" 211 OF XXX 2GG-20.J lAcy 10. 2004 - 10: 08: 02 LIAILLERIX: \SUR\N5022\S.oten Of O..edpticns\Submittod\29920Js211".Q ~~~~ ~~ o 25 IlO 100 200 GRAPHIC SCALE 1 C 6 15 P.O.B. 1 GOLDEN GA TE [ TA TES UNIT 34, PLAT BOOK , PAGES 23 ~ 16,1 16 ~ ~ ~ 15 ~ it, -=b' SOUTH 150' NORTH 180' ~ s: ... -:::!. OF TRACT 16 OF TRACT 16 ..::! PROPOSEO 'ERPETUAL, NON-EXCLU. ~ ROAD R.O.W.. ORA/, \4GE, ANO EXISnNG 60' EASEUENT FOR R. O. W. PURPOSES PER PLA T GOLDEN GA TE ESTA TES UNIT 32, PLA T BOOK 7. PAGE 21 1.7 PARCEL NO. d I). LOGAN EXISTING 50' EASEMf. T FOR R.o. W. PURPOSE (PER PLA T) EXISTING 50' EASEMf. T FOR ~ O. W. PURPOSE (PER PLA T) 18 LEGAL DESCRIPTTON ALL THAT PART or THE NORTH 180 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 1, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: 17 17. 7 30 COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 16: THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 00'28'17" EAST 180.00 FEET,' THENCE LEAVING SAID fAST TRACT LINE SOUTH 89'29'42" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'29'4r weST 13.00 FEU: THENCE NORTH 00'28'17" ~ST 129.45 FEET,' THENCE NORTH 23'19'49" ~ST 22.30 FEET,' THENCE NORTH 89'29'42" EAST 21.56 FEET,' THENCE SOUTH 00'28'17" EAST 150.00 FEET TO THE POINT OF BECINNING. CONTAINING 2,039 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT A page...8:L ofJ..Q1 REVISED 5/5/04 KLR/502 ... NOTA SURVEY... 'R, A OFf Ai 'SURVEYOR &: MAPPER FLORIDA REGISTRA L~ 15627. NOT VALID UNLtSS'SIGNtDBY THE SURVEYDR AND SEALED 'MTH THE SURVEYOR'S EMBOSSED SEAL. CERFfFICA T[ OF AUTHORIZA nON I LB-4J IIl:~AIIC/lOSll>ONNOI/" AJItRICAN OATIJfT (N.A.OI 'JD-1I1a A/)JlJSIlltNt stAIr ItANC Cl>:Wl>NAIE s~"" ICl/JDI rrJTI n_. CASt ZONt. LEGEND: """" "" "" "" "" "" ~ f{b~~N~ASEMENT ~ PROPOSE:D R.O. W. EASEMeNT R. D. W. ~ RIGHT or WA Y P.D.8. = PDINT or BEGINNING P.O.C. = POINT or COMMENCEMENT PROJECT ~O.l 62087 P....CEl ~o. : 212 Wil.Mille'-'~w- I'lImoro . ~ . Ec%giio . -,.... . ~ Archlot:a ' ~... ~ lWacriIIer; tic. ,.,., ,Iirf~.""""""" 1_ .IIIO...,.l-....lf1),__-_._ _.Ffl-.&'fl.___ C.IEI;T, cowm COUNTY TRANSPORTA nON. ENGINEERING & CONSTRucnONMANAGEMENT DIVISION mLE, SKETCH AND DESCRIPnON BDNC PART OF THf NORTH 180 FttT OF TRACT 16, GOLDEN GA TE: ESTA TES UNIT :J4. PLA T BOOI< 7, PACt 2J, COLLlfR COUNTY, FLORIDA 04Tr: PROJECT NO.: SH[ET ~u BER: fiLE ~o.: 04/200:1 N60:12-002-01O- TDHWP 212 OF xxx 2GG-20J May D6. 20D< - , 5; 3D: 2D KRIMESlx: \SUR\N6022\Skelch Of Descr;pliOtl,\Submilled\2Qg203s212,dwg GOLDEN GA TE ES ATtS UNIT 34, PLA T BOOK 7, PAGES 23 75 16.7 16 ~~ltemN.1 C March 28, 2 6 (- I r f 15 o >>~~ ~ GRAPHIC SCALE 1,7 "-- , , EXISTING 50' EASEM[. T FOR R.O, W. PURPOSE (PER PLA T) EXISTING 50' EASEM[. T FOR R.o. W. PURPOSf (PER PLA T) "" ~ ~ 78 ~ ..::! 17 111 - . ~ROPOS~; J ~ ~ ; I. FM ~>>Jr=o::;;::T i~ ~ g I ~ ~ ~ 30 SOUTH 150' NORTH 780' OF TRACT 77 OF TRACT 17 GOLDEN GA TE ESTA TES UNIT 32, PLA T BOOK 7, PAGE 21 3JO. a' (PLA T) LEGAL DESCRIPTION BEING THE EAST 13 FEET OF THE ~ST 63 FEET OF THE SOUTH 150 FEET OF TRACT 17, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA. CONTAINING 1,950 SQUARE FEU MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVlSEO 5/10./0.4 L T!./ EXHIBIT A Page~ o'"iIE1. ... NOT 'A' 'SURVEY... LAN' R, P OFf ,Ai SURVEYOR '" MAPPER FLDRIDA'R'C!'STRA , L$../s627 NOT VALID UNLESS SIGNED BY THE SURVEYDR AND SEALED 'MTH THE SURVEYOR'S EMBOSSED SEAL. CERrff'lCA TE OF AUTHORIZA nON # LB-4J 11I:_ AlIf BASco ON ND/IrH =~::t;:k'~rr SYS7EII I-J '0/1 nO/llDA EAST ZON{. LEGEND: """"" "" "'" "" \::3 ml~NfAS[M[NT ~ PRDPDSfD RO.W. EASEM[NT R. D. W. == RIGHT or WA Y PROJECT NO.: 62081 PARCEL NO, : 21 J Wils;nMiller~ -~uu,_ PIonnon ' ~ ' ~ . &nwyaro . ~ Arr:hIoelI . r,_1ion ConM.",. W..cnAIiIer, klc. '"'*' '1'01.1/)ln. _. _. T_ l2llIBWt......m. NrIlIIoIlri:i_._ _.'" HffIHlIIl'___ CUtNT, COLUER COUNTY TRANSPORTA TlON, ENGlNCERING II: CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION B~ING PART OF TH~ SOUTH 1'0 Feer OF TRACT 17, GOLDEN GA T~ ~STA T~S UNIT J4, PLA T BOOK 7. PAG~ 23, COLLI~R COUNTY, FLORIDA ""TE, PROJECT ~O.l SHE[T NUMBER: FILE NO.: 04/2002 N6022-0.02-010- TDHWP 21J OF xxx 2GG-203 May 10. 2004 - 10, 26:~' LMILLERlx, \SUR\N6022\Sketch 01 D.scdptlans\Submltted\2g920~s21J.dwg 15 16.7 76 ~ '.- o 2. ~ltemN.1 C . alch2,2 6 Page 99 of 15 I I eo 100 200 GRAPHIC SCALE GOLDEN GA TE: ES ;4 TES UNI T 34, PLA T BOOK 7. PAGES 23 7.1 P,O.B, [XIsnNG 50' EASEME. T FOR ~ O. W. PURPOSE (PER PLA T) EXlsnNG 50' EASEM[, T FOR R.O, W. PURPOSE (PER PLA T) '.-- LOGAN "/~R . NO.. flY 17 SOUTH 750' OF TRACT 77 17.1 NORTH 780' OF TRACT 17 .. -.. ~;P~SED 'J ~ ~ I R.o.W. EASEMENT :-<:: ~ fX/STlNG 60.' EASEMENT ~ ~ FOR R.O.W. PURPOSES PER PLAT g ~ \ I ~ ~ I ..::!~ ~ ~ ~ 30 0) ~ ~ ~ 78 ,. ..::! GOLDEN GA TE ESTA TES UNIT 32, PLA T BOOK 7, PAGE 21 JJO. a' (PLA T) LEGAL DESCRIP nON ALL THAT PART OF THE NORTH 180 FEET OF TRACT 17, GOLDEN GATE ESTATES UNIT 34. PLAT BOOK 7. PAGE 23, COWER COUNTY, FLORIDA, AND BONG MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 17; THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH 00'28'17" EAST f80.00 FfET,' THENCE LEAVTNG SAID ~ST TRACT LINE NORTH 89"29'42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'28'17" WEST 150.00 FEET,- THENCE NORTH 89'29'4;- EAST 32.25 FEn- THENCE SOUTH 28'19'38" ~ST 39.96 FEET; THENCE SOUTH 00'28'17" EAST 114.99 FEET,' THENCE SOUTH 89"29'42" It[ST 13.00 FEU TO THE POINT OF BEGINNING. CONTAINING 2,287 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. EXHIBIT A Page-9L of]Q2 RfVlSED 5/10.~ - L T/J REVISED 6/0.1/0.~ *** NOT A SURVEY *** CURVE NUMBER 1 Y.' 'MLSONMILLER, INC. .k RADIUS= 5N5.58 DELTA = 00.'26'16' ARC- ~J.91 TANGfNT- 21.96 CHDRD- 4J.91 CHORD 8RG. N.0.0'15'0.8'W. ANDREW B. BECK, Pf/OffSSIONAL SURVEYOR .t MAPPfR FLORIDA REC/STRATTON LS /6065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED 'MTH THE SURVEYOR'S EMBOSSED SEAL. CE:RF7F1CA TF: or AUTHORIZA TlON I L8-4J IC-.cs AIIC /IAn CH _I/( =""~::~'~rr SYSIEII ""'1 ,.. I!.DIIlA CA~ ltJNt. LEGEND: """ "" "" "" "" "" ~ ~~~ ;'NfASEMENT ~ PROPOSED R.O.W. EASEMENT R. O. W. - RICHT OF WA Y P.O.B. - POINT or BECINNINC P.D.C. .. POINT OF COMMENCEMENT PROJtCT NO.: 62081 PAACEL NO. , 214 Wils.Millei-'~--- -.' ~ . EcWorI*/8 . &noton. ~ArlHoolt ' ~C<lIldfto ~tle. .,FrrI......_._,Toop _........""11>>....__._ _."" JHCH>lI._ __ CLIENT: Jun 01. 2004 - 13: 17: 40 KRIIoIES1~: \SUR\N8022\Skoleh Of OooeripUono\SubmHttd\2g0203.214.dwg COLLIER COUNTY TRANSPORTA TlON. ENGINEERING && CONSTRUCTION MANAGEMENT DIVISION TiTLE, SKETCH AND DESCRIPTION BflNC PART OF THE NORTH 180 FEET OF TRACT 17, COLDeN CA TE: eSTA TE:S UNIT J4, PLA T 8001< 7. PACe 23, COLLIER COUNTY. FLORIOA PRoJECT NO,: SHEET NV"BER~ rilE NO.: N6022-002-010-TDH'trP 214 OF xxx 2GG-20J DATE; 04/2002 76 1 "'- S.0.0.'Z8'17'E. JOO.o.O' 'E' PROPOSED PERPETUAL. I~ I NON-EXCLtJ9'tF ROAD R.a tt:. DRAINAGE. AND I U1lUTY EASDlENT :r:.. 7,fl(}{J stJlJNIE FEET I~ 0) I ~ 30 8. ~ ~ WEST 1/2 :... J~ ..::! I OF TRACT 30 ~ I-- EXISnNG 60.' EASEMENT ~ rOR R. O. W. PURPOSES PER PLA T 17.1 ~ EAST 1/2 30.1 JJo..o.o' (Pw)OF TRACT 30 2 ~~~t'i'mN.1 C ~ March 28, 2 6 ~ ~ f 15 o 2~ 10 100 200 GRAPHIC SCALF: '" '7 P OPOSED R. O. EASEMENT EXfSnNG 50' EASEMENt FOR R.o. W. PURPOSES . (PER PLA T) EXISnNG 50' EASfMENT FOR R, O. W. PURPOSES (PER PLA T) &l l'> 8. ~ :.. ..::! 29 29.1 COLDEN GA TE qTA TES UNIT 32, PLA T BOOK 11, PAGE 21 LE'GAL DESCRIPTIO/{ THE EAST 25.00 FEET OF THE WEST 75.00 FfET OF THf WEST 1/2 OF TRACT 30, GOLDEN GA T[ ESTA TES UNIT 32, PLA T BOOK 7, PAGE 21, COLLIER COUNTY. FLORIDA. CONTAINING 1,500 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5/10/04 - LTM ... NOTA .SURVEY ... . .,', r R; Po OFf. :<I( SUR,VEYOR &: MAPPER FLORIDAREqIS:r,RA .. . L.S. ./5627 : NOT VALID UNLESS' SIGNEt}: BY THE SURVEYOR AND SEALED WITH THE'SURVEYOR'S EMBOSSED SEAL. CERFfFfCA TE OF AUTHORIIA TfON ! LB-4J EXHIBIT A Page.3l... ofJ.Q.1 LEGEND: '" "" \ "" "" "" "" '" Vb~~NlASEMENT ~ PROPOSED R. O. W. EASEMENT R.O.W. .. RIGHT or WAY P.O.B. = POINT Dr BECINNINC P.D.C. .. POINT or COMMENCEMENT BE_AT/C/lASEtJON_TH _N 0A1UlI (N.A.I1I ,NJ-II,. AlJ.US"IO" S'A IE PlANt t:lIClIIlOlIA 1!' Sl'SIEII I_I TOR n~ CAST ZON(. PROJECT NO.: 62081 PAIICt. NO. I 216 Wil.Millei~'~ou- _. Bl;II-.. ~. ~. L..tndtoI,oo__, Tr....,.-1.Ibn~ Wleonl./lller. tx:. ,.,.,. Tatll/Orr . _ . _, r... 3lllIauo,u.,1IU1OO.,...__.""", _.",_._ ___ C.IENT: COLLJER COUNTY TRANSPORTA TlON. ENGINEERING . CONSTRUCT1ON MANAGEMENT DIYlSlON TIlLt: SKO"CH AND DBCRIPTlON BEiNG PART OF THE ~ST 1/2 OF TRACT JO. COLDEN GA Tr ESTA TE:S VNlT J2, PI.A T SOOK 7, PAGE 21, COLLIER COVNTY, FLORIDA DATE: PROJ,tCl NO.: SHEET NUYBf:R: rILE NO.1 04/2002 N6022-002-0rO- TDHWP 216 OF XXX 200-203 Moy 10. 2004 - 11, 04: 07 LWLLERIX' \SUR\N6022\Sketch Of O..C,iptions\Submltted\2qq203.216.dw9 30 2 2.1 3 ~ ~ltomN.1 C ~ J v March 28 2 6 ~_ ~1 f 15 o 2!o ~O 100 ;zoo GRAPHIC SCALE 30 0'1 ~ ~ -=b' s: ..::! PERPrnJAL. ON-EXaU9'tF ROAD O. w., DRAINAGE. AND U1IU7Y EASEMENT 4.'21 5IQlJARE FEET [, STING 50' EASEMENT f, R R. O. W. PURPOSES (PER PLA T) XISTlNG 50' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) LOGAN BOU EVARD I I PROPOSED R.O. W. EASEMENT 29 ~ ~ 8, ~i :>. ..::! 28 28.1 29.J SOUTH 1/2 I OF TRACT 29 NORTH 1/2 OF TRACT 29 GOLDEN GA TE EST~ TES UNIT 32, PLA T BOOK 7.: PAGE 21 30.1 JJo.. 0.0' (PLA T) 26.2 ~GAL DESCRIPTTON BEING EAST 25 FEET OF THE WEST 75 FEET OF THE SOUTH 1/2 OF TRACT 29, GOLDEN GA TE [sTA TES UNIT 32, PLA T BOOK 7. PAGE 21, COLLIER COUNTY, FLORIDA. CONTAINING 4,125 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVlSfD 5-10-04 - LTM EXHIBIT A page~ofW. ... NOT. A . .sU/?YEY ... LAN 'R/ Po OF[ AL ~SURVEYOR &: MAPPER FL ORIOA .,!EG/S!,R,'" . . . . ~~ .If/62 7~'. . NOT VALID UNLESS'SIGNfD~:8Y THE SURVEYOR AND SEALCD 'MTH THE SURVf:YOR'SEMBOSSED SEAL. CERFfFICA T[ OF AU THORIIA nON I LB- 4J PROJECT NO,: 620B1 PAACEL NO, : 219 WilsIJnMillei~'~""~ ,.. -. . ~ . Ec%plolo . an.,..." ~_. . r""""",,,,, ConaII..." ~,lnc. IIIr* . Rrll6wo . &molt . ._ . T.,. :>IlOSoIIyLn,,u,IIl'.....__.,,.,. _'FI1tH1HT1.___ 8(ARtNCS ARC SAD 011 NORTH AJ01CA/I /l</lII (II,A..TJ) 1111-'110 AlMISTll(Nr srA rr ~ COQIi!r:rNA rr s~..., I_I""" n_ CArr iONC. LEGEND: ~ "" "" "" "" "" "" "I ~W~N~ASCMENT ~ PROPDS[D R.D. W. EASEMENT R.o.W. ~ RIGHT OF WAY Moy 10. 2004 - '1: 17: 56 L"'ILLERIX: \SUR\N6022\Sketch Of De,c.ipUon.\Submitled\2gg20Js219.dwg CLIENT: COI.UER COUNTY TRANSPORTA 11ON. ENGINEERING & CONSTRUC11ON ItIANAGEN~T DlvrSlON TITLt: SKETCH AND DESCRJP110N 80NG PART DF THE SOUTH 1/2 DF TRACT 29, GDLDEN GA TE: ESTA TE:S UNIT J2, PLA T BDDK 7, PAGE 21, CDLLlER COUNTY, FLORIDA CATE; PItOJECT NO.: SHEti NWB[A; nL[ NO.: 0.4/2002 N6022-D02-010- TDHWP 219 OF XXX 2GG-20:S 30 2 2.1 3 ~- o n ~~ltemN ~ March 2 ~2 ~o 100 200 GRAPHIC SCAL~ . C 2 06 f 15 LOGAN [. STING 50' EASEMENT f, R R. 0. W. PURPOSES (PfR PLA T) XISTING 50' EASEMENT FOR R. O. W. PURPOSES (PER PLA T) - ;R~POSE ' , ~/ R.O. w. EASE. NT NO.:;J;lD 30 '" ~ ~ ~ :... ..::! SOUTH 1/2 OF TRACT 29 29 '" ~ 29.1 i :... "'< NORTH 1/2 "" OF TRACT 29 28 28.1 GOLDEN GA TE EST. TES UNIT 32, PLA T BOOK 7. PACE 21 30,1 JJO. 00.' (PLA T) 26,2 LEGAL DESCRIPTTON BEING THE EAST 25 FEET OF THf ~ST 75 FEET OF THE NORTH 1/2 OF TRACT 29, GOLDEN GA TE ESTA TES UNIT 32, PLA T BOOK 7. PAGE 21, COLLIER COUNTY, FLORIDA. CONTAINING 4.125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5-10-04 - LTM EXHIBIT -6- Page3!L of..1D ...N(),T A SURVEY ... "j?, A ~["Q 'AL; SURVEYOR ct MAPPER FLORIDA ~~GISTRA LS 1.~6~~ .. NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED 'MTH 'TH(.SURf'EYOR's EMBOSSED SEAL. CERFlrlCA T[ OF AumORltA T1DN I LB-4J BE_as AIIf /lA5tO ON _IN AJJfIOCAN /l<1!Ai (N,A.DIIHJ-lIIIo ATMJSTl/CNT S'AIIC "'Nor _AlE Sl'S1!I1 I_I TOIl 11-.. fAST ZOIIC. LEGEND: '" "" "" '" "" """'''1 ~~b~~NrASEMENT ~ PRDPOSED R.O. W. EASEMENT R. O. W. = RIGHT Dr WA Y PROJECT NO.: 62081 .....CEL NO, : 220 Wils.Miller~-~""- -. . a-. ,Ec%gIItJ . Slnoym . L.tndoeopo AnN_ . T_allon CcnoIIIatlto wr.onII.Iiiet', Inc. _.Fonl/JWl'_'_"'" .Il<ll/lolo1t.,....m'IIPoo,__._ _'Fir ,*-._ __.. CLIENT: COUJER COUNTY 7RANSPORTA TlON, ENGINEERING It CONS7RUCTlON IIANAGEMENT DIVIS/ON TITLE: SKO'CH AND DESCRIPTION SEING PART OF THe NORTH 1/2 OF TRACT 29, GOLDEN GATE: ESTATES UNIT .12, PLAT 800K 7, PAGE 21, COLLICR COUNTY, FLORIDA ~TIt: PftOo1tCT NO.; SH NUMBER: rILE NO.: 04/2002 N60.22-00.2-010- TDHWP 220 or xxx 2GG-20J May 10. 2004 - 11: 16: DB LMILLERjX: \SUR\N6022\Sketeh Of Oescriptions\Submated\2gg20J,220.dwg ~~ltemN, C larch 2 , 2 06 2.7 3 3.1 4.1 Paqe 103 f 15 l"l- I I 0 25 50 100 200 GRAPHIC SCALE EXISTING 50' EASEMENT LOG /" FOR R.o. W. PURPOSfS (PER PLA T) EXISTING 50' EASEMENT FOR R.o. W. PURPOSES (PER PLA T) ~;2) O:l --;\. PAACEL ~ ~ I~ ~ ~;g 0) ,.,..,~ '" ~ ~I :':'0 8. ~Vl 28. J ;;::8j &l ~ I~ ~ ~ ,.. 27 8. 28 ..::! ""i WfST 1/2 OF 29.1 ~ <:::: ,.. NORTH 165' I~ .;::! SOUTH 165' F TRACT 28 GOLDEN GA TE ESTA TES UNIT 32, I~ OF TRACT 28 PLA T BOOK 7, PAGE 21 "'.l 28.2 +1 fAST 1/2 27.7 J30..00' (PLA T;"1 OF TRACT 28-1 LEGAL DESCRIPTTON BEING THE EAST 25 FEU OF THE ~ST 75 FEU B[/NC PAR T or THE SOUTH 165' OF TRACT 28, COLDEN CA TE ESTA TES UNIT 32, PLA T BOOK 7. PAGE 21, COLLIER COUNTY, FLORIDA. CONTAINING 4,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD. REVTSED 5-10-04 LTM REVTSEO 5-17-04 LTM EXHIBIT .A 'P age.:12..- of Jit1.. ... NOT. A . SURVEY... PREPAREfi BY: LEGEND: "''''' "" """'~"""i %11;'NfASEUENT ~ PRDPDSfD , R.o. W. EASEMENT Ro.W. = RIGHT OF WAY LANG T' R, P drr.' At SURVEYOR &: MAPPER FLORIDA RF:GISTRA. L~ IS6~? NOT VAL/O UNLESS'SICNED BY THE SURVEYOR AND SEALED 'MTH r'Ht'SURVEYOR'S EMBOSSED SEAL. CERFfFfCAT[ OF AUTHORIlAnON I LB-4J B!AR1NCS ARt fM$tO cw NQRI)t AMERICAN DATUII (N_A.D) 1M}-IP90 AtMJS1JI(Nr STAre PLNE COORtJINATr S)'S'1fJ,I (CRIO) FOR nmtJA EAST lONE. PROJECT NO.: 6208' PARCEL. NO. : 221 CLIENT, COUlER COUNTY 7RANSPORTA 71ON, ENGINEERING Ie CONS7RUC71ON MANAGElIENT DIVISION TITLE. SKETCH AND DescRtP710N BeiNG PART OF THe SOUTH 765' OF TRACT 28. GOLOW GATE: eSTATES UNIT J2. PLAT BOOK 7, PAGE 21, COLLIER COUNTy' FLORIDA WilsiJnMillei~-~~~ " - . ~ . ~ . &n.oycn . /..ordIc~Archtec/I . T_."'" Oltld_ WBeClll/Mer, Ine. _.FIIrII/i>n,_,_.r_ :IlaJ_t.,.>>IlD'___'__'fu_51I._ ...__ DATE: 04/2002 "IroJECT NO.: N6022-002-070- TOHWP l.oloy 1?, 2004 - 10: 41; 50 lMILLER1X: \SUR\N6022\Sketch Of Descriptions\Submil1cd\2gg203s2;?Ldwg 78 ~ ~temN.1 C ~ March 28 2 6 ~4' f 15 o 2~ 5u lOG 200 GRAPHIC SCALE 79 :-l;!! ~~~~ ~~:t:~ ~~~~ ~~;! ....=<'~ ;l; PERPEruAL, NON.excI.USIVE ROAD RIGHT .oF-MY, DRAINAGE At<<) unUTY El-teMENr S.OO'28'11"F. 297.01' P.O.c. N.F. CORNER DF TRACT 18 680..00.' (PLA T) WEST 105~ OF TRACT 40 PARe&.. NO. 2:;2 S 39 ~ ~ "" ~~ ~~ ~ ~~ i>: !.. ~ ~ ~ & -=b' ;: 1.:l01' ..::! 5.0. ~'Irf. 975 SQUARE FEET EAST 75' OF WEST 180' OF TRACT 40 ~ 15. 40 ~ ~ t:::I TRACT 40 LESS THE PINE RIDGE ROAD ~ R.O.W. . PROPOSED R. O. W. ~ ~ ..::! EAST 150' OF TRACT 40 42 680.00.' (PLA T) GOLDEN GATE ESTATES UNIT 34, 47 PLA T BOOK 7, PAGES 23 LEGAL DESCRIPTTON ALL THA T PART OF THE EAST 15 FEET OF THE ~ST 180 FEET OF TRACT 40, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COWER COUNTY, FLORIDA, AND BDNC MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF TRACT 18 OF SAID PLAT AND A POINT ON THE WEST LINE OF SAID TRACT 40; THENCE ALONG THE SAID WEST TRACT LINE SOUTH 00'28'17" EAST 297.01 FEET; THENCE LEA VlNG SAID WEST LINE 105.01 FEU ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR CURl/[ CONCA VE NORTH HA VlNG A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 01'03'59" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89'03'32" EAST 105.00 FEET TO THE POINT OF BEGINNINC; THENCE CONTINUE 15.02 FEET ALONG THE ARC OF A CIRCULAR CURl/[ CONCAVE NORTH HAVING A RADIUS OF 5,641.58 FEET THROUGH CENTRAL ANGLE OF 00'45'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 88'08'41" EAST 75.02 FEET,' THENCE SOUTH 00'28'17" EAST 13,01 FEET.- THENCE 75.02 FEU ALONG THf ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 5,654.58 FEET THROUGH A CENTRAL ANGLE OF 00'45'37" AND BEING SUBTENDro BY A CHORD WHICH BEARS SOUTH 88'08'52" WEST 75.02 FEET; THENCE NORTH 00'28'17" WEST 13.00 FEET TO THE POINT OF BEGiNNING. EXHIBIT A Pag9.::t.!L orIQ!l CONTAINING 975 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED. 5-:(].Q,-04: /[Tl1' "0;' .. I ~ . . . . " ". ,_, , ....NOT. A SURVEy.... PRfPARf.''o~~'0 'Mi'So~~1 '',;>/2"', ". " ~.-l. ;' ~:;','I. ~j c~. ~ - S) : ~ .' " (' . ,.....~. d", "', , . 'c\ '. ',Y; " ,..... ',' ,'.." ,_ LAN '.T R, Po OFf ,4L ,.sURVEYOR &: MAPPER rLORIOA RfGiSmA : LS' is62~.: BtAJ//NCS AJIt /IASll> ON NORIlI NOT VALIDi.JN/i's~'si"'rPBY7Hf SURVEYOR AND ~~:;:JH:':fk'~rr: Sf.'ALED 'M TH THf." sur?'vtrOR'S [MBDSSED' SEAL. SI$IEII ICRiD) TOIl nallDA CAST ZONt. CERFfFlCA T[ 'F AUTHDRI A nON '. -4J PROJtCT NO.' 62081 P....Ct, NO. : 225 Wils;nMiIIBi~'~UH~ _. . ~ . E<oiogOIr . SI.noyon , L..ndoctpo ~ . Tl'IllI/>Orl&/Ioil OcnMlII" WioonMlUor, .he: .,. F<nl/rn._ . 81dria!.T.... 3IWBIIofUnr,a.r.m.",...,__,_"_,,,, _sm._ ..._... , '. CURVE TABLE NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING 1 5641.58' 0.1'OJ'59" 105.01' 52.50' 10.5.00.' N.89"OJ'J2"E. 2 5641.5S' 0.0'4s'4J" 75.0.2' J7.s1' 75.02' N.8S'08'41"f. J 5654.58' OD'45'J?" 75.02' 37.51' 75.02' 5.S8'o.S's2"W. LEGEND: ~ PROPOSf.'DR.O.W. , R.O. W. = RIGHT or WA Y P.O.B. = PDINT OF BEGINNINC P.O.c. - PDINT Dr COMMENCEMENT Mor 10. 2004 - 1J. J9: 17 LMILLERlx: \SUR\N6022\S,oteh Of Oescriptlons\Submlt\ed\2gg203s225.dwg CUENT: COUJER COUNTY 7RANSPORTA 17ON, ENGINeERING ~ CONSTRUCTION MANAGalENT DMS/ON TlTLt, SKCTCH AND DESCRIP170N BCiNG PART OF THe THt!: t!:AST 75' OF WE'ST 180' OF TRACT 40. COLDt!:N CA Tt!: eSTA Tes UNIT .34, PLA T BOOK 7, PACt!: 2.3. COLLifR COUNTY, FLORIOA .flOJEeT NO.: SHttT NU~BtR: FILE NO.: N6022-002-010- TOHWP 225 Dr xxx 200-203 D>.Tt: 04/2002 18 ~ ~tem No ~ rd128, Page 105 r;.- I o 2~ ~ 100 200 GRAPHIC SCALE 1 C 6 15 19 '\) ",,~;l! ~~~..., b,l::>:1;~ ~~:ll~ ~-';!2"" ;:s~<:)~ :...~~<::> ~("j:;:?l:> .....=<p ~ PERPET1..IAl., NON-I!XCWSIVE ROAD RIGHT .()F-MY. DRAINAGe AND UTILITY EASEMENT S.0.0.'25'lrE. 297.0.1' P.D.C. N.E. CORNER OF TRACT 15 650..0.0.' (PLA T) PROPOSED R. O. W. WEST 105' OF TRACT 40 ~ 39 ~ ~ ~ "':::: ::.. 'l1o .;::! <'>c;") 2;t"<-j '" ~ :s 5: ~ 2 40 TRACT 40 LESS THE 1;:: PINE RIDGE ROAD EAST 75' OF WEST 780' OF TRACT 40 ~ R.o.W. P. D.lf-AAceL NO. 2:J~ ~ ::.. .;::! ~ EAST 750' OF TRACT 40 1,952 SQUARE FEET 680.. DO.' (PLA T) 1J.0.2' S. 0.'28 '17"E. 42 GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGES 23 41 LEGAL DESCRIPTTO~ ALL THA T PART OF THE EAST 150 FEET OF TRACT 40, GOLDEN CA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; C,OMMENC/NG A T THE NOR THEAS T CORNER OF TRA CT 18 OF SAID PLA T AND A POIN T ON THf w.:ST LINE OF SAID TRACT 40; THENCE ALONG THE SAID w.:ST TRACT LINE SOUTH 00'28'17" EAST 297.01 FEET,' THENCE LEAVING SAID WEST TRACT LINE EASTERLY 180.03 FEET ALONG THE ARC or A CIRCULAR CURVE: CONCAVE: NORTHERL Y HA VlNG A RADIUS OF 5,641.58 FEET THROUCH A CENTRAL ANGLE OF 01'49'42" AND BONG SUBTENDED BY A CHORD WHICH BEARS NORTH 88'40'41" EAST 180.02 FEET TO THE POINT or BEGINNING; THENCE CONTINUE EASTERL Y 150.15 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 01"31'30" AND BEING SUBTENOED BY A CHORD WHICH BEARS NORTH. 87'00'05" EAST 150.15 FEET TO THE EAST LiNE or SAID TRACT; THENCE ALONG SAID EAST TRACT LINE SOUTH 00'28'17" EAST 13.02 FEET,' THENCf ALONG THE NORTH LINE or EXISTING PINE RIDGE ROAD RIGHT OF WAY WESTERLY 150.15 FEET ALONG THE ARC OF A CIRCULAR CURVE: CONCA VE: NORTHERL Y HA VlNG A RADIUS OF 5,654.58 FEET THROUGH A CENTRAL ANGLE OF 01'31'17" AND BEING SUB TENDED BY A CHORD WHICH BEARS SOUTH 87'00"26" WEST 150.15 FEET,' THENCE NORTH 00'28'17" WEST 13.01 FEET TO THE POINT OF BEGINNING. CONTAINING 1,952 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, REVISED 5-10-04 LTM EXHIBIT A Page.!LL ofJ.Q.1. ... NOTA SURVEY... PREPARED BX: 'MLS9.NMI , , CURVE TABLE NO. RADIUS DEL TA ARC TANCENT CHORD CHORD BEARING I 5641.55' 0.1'49'42" 180..0.3' 90..0.2' 180..0.2' N.88'40.'4I'E. 2 564/.55' 0.1'31'30.. 150.15' 75.0.5' 150..15' N.87'OO'o.s.[' J 5654.58' 0.1'31'lr ISMS' 75.0.8' 150..15' 5.87'0.0.'26'W, LANce _R. f1 I[E AL SI!RVEYQR &: MAPpeR n'PtfIDA; REGIS TRA'. L~Sjq627 BfA/1/NOS JJ1t BAsro ON 1irJR/H 'NOT. 'YA'I10 UNr(fis---'s!CNED ,.f3Y THE SURVEYDR AND ~:t~JN.:&r'~IE So.L'€D~ 'MTH THE SU~kfY.Qf.~ EMBo.SSfD SfAL, SIS/DI ICl/JDI'OI/ 1't0l/fD' WT lONE. CERFlt'fCAlI 'o.F .,4liTHo.RIZAJION # LB-43 PROJECT NO... . '6208'" ..,,' p....eEl. NO. : 226 Wils,nMiller'k'~~'- - . -.. ~~ . S\Iwycro . ~-, . Tr,roportaHo>\CCM/IonI, WiltonMilJer. /no. lIo>Io. Fu1l!wo. SIr..... lR_,T_ OlW"'lMlo9h1X'NrPII_~._ .._."" ~'SlIl.w.o-Sia__ LEGEND: ~ PRDPDSED R.O. W. R.D. W. = RIGHT Dr WA Y P.D.B. = PDINT or BECINNING P.o.C. = PDINT Dr CDMMENCEMfNT lAoy 10. 2004 - 14. 2J: 02 LMllLER!X: \SUR\N6022\Sk.tch Of O.scriPlion.\sub"'ill.d\2~~20Js226,dwg CLIENT, COLUER COUNTY TRANSPORTA TlON, ~GtNEE:RING &: CONSTRUCTION MANAGEMENT DIVISION TITlE: SKETCH AND DESCRIPTION BEING PART OF THE: THE EAST 150.' OF TRACT 40, GOLDEN CA To ESTA ToS UNIT J4, PLA T BOOK 7, PAGe 2J, COLLIER COUNTY, FLORIDA PROJECT NO.: SHEET NlJMB~R: "l.E NO.: N50.22-00.2-010-TDHWP 225 OF xxx 2GG-203 DATE: 04/200.2 I: I ~ , I !t: . ~ ,I '<: ~ o ~ ~ ~ 3 o l:"'l o;t,:, <::l. t'.t:l ~~ "=":h. ~~ ' :>j:lo; c;") :tI ~ :t.. .-- ~ ~~ '""' -"';'l,/) '~J !:'i ~(J GERMAN WOODS. PLAT BOOK 23, PAGE 62 2 501.48' (PLAT) PROPOSED 50' DRAINAGE EASEMENT 7,776 SQUARE FEET ~ ~ i:;; ,.. <.., P. NO. Q' ()/ -: ~ A ..::! J229 JJ 28 EXISTlNC 100' EASEMENT FOR R.o. W. PURPOSES (PER PLA T) 50.0..87' (PLA T) GOLDEN GA TE UNIT 7. PLA T BOOK 5, PAGES 135-146 ~~t",mN C March 28,2 06 ~ I r f 15 o 2$ 110 100 200 GRAPHIC SCALE GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7. PAGE 58 EXISTING la' EASEM NT rOR DRAINAGE PURPOSfS fR PLA r EXISTING 10' f'ASEMEN FOR F. P. &L. PURPOSfS f'R O.R.B. 2040, PAGE 19 EXISTING Jo.' EASEM NT FOR R. O. W. PURPo.SES P 'R PLA T 117 717.1 LEGAL DFSCRIPTTOf.( BDNG THE NORTH 50 FEET OF LOT I, GERMAN WOODS. PLA T BOOK 23, PAGE 152, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET. LEGEND: ~ PROPOSED DRAINACE EASEMENT R. O. W. = RIGHT or WA Y D.R. 8. = orrlCIAL RECORDS BDDK F.P.&L. "" FLDRIOA POWER de LIGHT CONTAINING 7, 716 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RfSTRICTlONS OF RECORD. ... NOT A SURVEY... PREPARED BY: AL SURVEYOR &: MAPPER FLORID,A,RECISTRA L5',#5627, NO}'.JAUD UNLE:;S"SICNfry' 8Y:THf SURVEYOR AND SE~LflJ)YfTH THE 'SURvrYOR:S EM80SSED SEAL. C(RfIACA)! OF 'AUTH~RIZA:pON I LB-4J PROJECT NO.: , '62OBf... P....CEL NO. : 801 WilsqnMiIIBi'~-~~"- Plmtort . ~ . ~ . a.rwr.n, ~Ardoiec1. . _.b c-I..~ WlioonMler;1nc:. _'I\rf~'_'_'T_ =_LMIoa6tIOO,NrjlIot__._ _.,., _.,..___ /JI.'ARlNCS AI/C 'ASeD ON NORTH IUl{l/(CAI/ /l<TlJII IHA.O) 'HJ-"~ AlMJS711INT STAlE PlANt C()(J/lOINAIE S'lSTtIl (fJIftD) "", Ilaq,cA tAST lONt. EXHIBIT A Page..1K.. of.J.fl. PERPET'IJAL. NON-EXCLU8tYE DRAINAGE EASEMENT CU[Nl: COUJER COUNTY TRANSPORTA T1ON, ENGINEERING ct: CONSTRUCT1ONMANAGENENT DIIAS/ON mLE. SKETCH AND DES~/P"'ON BEING PART OF LOT I, GERMAN WOOOS, PLA T BOOK 2J. PAGE 62, COLLIER COUNTY, FLORIOA (lATEI PROJeCT NO.: SiHttT "IUMElE": "1l.E NO.: 04/2002 N6022-002-010-TOHWP 801 OF XXX 2GG-20~ Jut '1 2002 - '4: J2: 2J JNAPIERIX' \SUR\N6022\5ketch Of OescrIPUon.\Submltted\2gg20JS80,.~wg 4 PROPOSED ! I DRAINAGE ~ I ~ EASEMENT ~ .1\ ~ '1 ~ c 'lJ 15 i~~ c::: '1 ~ . "-,J tll -II GERMAN WOODS, PLA T BOOK 23. PAGE 62 tg c:::: ~ ~ o t'-t o;t1 c). ~ ~~< ~~ =<:i::..: ~ :-0 ~ :t. i: C"l ""3 '=:!.::..:~ [:q ~ -. PROPOSED 50' DRAINAGE EASEMENT 9.770 SQlJARE FEET 2 ~ ... ~, r-- ~ I"i ~ ~ C) ::::! ~ ~ 3 SOI.8J' (PLA T) MRCE' NO. &-09- Ie "'" ... ~, ~ :.. ..::! 50.1,48' (PLA T) '1 II 1 ~ 1- o 2~ ~erlINO March 28, I r :l(t 100 200 GRAPHIC SCALE 1 C 6 15 EXISTlNC Jo.' EASEU NT FOR R.O. W. PURPOSES P R PLA T EXISTlNC 10' EASEItl NT rOR DRAINAGE PURPoses fR PLA T EXISTING 10' EASEAlENT FOR F.P.4lL. PURPOSES [R ORB. 2040. PAGE 19 717 117.7 Ie I ~ I ~, GOLDEN GA TE Esr)TE:S UNIT 30, PLA r BOOK 7, AGE 58 50.' LEGAL DFSCRIPTTON B[/NG THE NORTH 50 FEET OF LOT 2, GERMAN WOODS, PLA T BOOK 2J, PAGE 62, COLLIER COUNTY, FLORIDA. CONTAINlNC 9,770 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT Jl Page~ of..J.D. PERPETlW., NON-EXCLUSIVE DRAINAGE EASEMENT CLIENT. COLUER COUNTY 7RANSPORTA 77ON, ENGINeERING . CONS7RUC77ON MANAGEMENT DIVISION roLE: SKETCH AND DESCRIP710N BEING PART OF LOT 2, G[RMAN WOODS, PLA T BOOK 2,J, PAGe 52, COLLIER COUNTY, flORIDA PROJECT NO.: N5022-002-010- TDHWP ... NOT A SURVEY ... PR[PAR[D BY: LANc.r _R,fA 'DF[, A~ SURV[YOR &: MAPPER FLORiOA:RWISTR~" LS #5627.' NOT;VALIF,uNLiss SiCNED BY THf SURVEYOR AND stALED '.WlTH TH( SURVEYDR'S 6MBOSSED SEAL. CE~:~f~ ~~~F A~THORlZ~~~~!; LB-4J PROJECT NO;; ,62081 . . P....CEL NO, . 802 'WilsonMillei~-~~- ~ ' -. . -. . EC<J/ogio~ . -.... . ~~ ,hn.pm....c...."'.... \II.Uor!I.Iier,inc. NfI*"Ii:rl,",._ '_.1.... .Tall_~~IJ1).~__.""" _'FfIIIHCHIIl,___ 8!AmN~ ARf BASCO ON NORTH AIIfRICAN DAllAl (N..A.D) 'NJ-"1fJ AlMJS'TIJENT STArr P1.A~ COt:iIOIHAtr SI'S:TD/ IfJII1T)) "'" ""'"" CAST ZtH. DATE: 04/2002 Jul 11, 2002 -. \4: 34' 18 JNAPIER!X: \SUR\NEi022\Sketch Of Descrip!iO(ls\SUbmi\tcd\2gg20,3$B02.dwg LEGEND: l<:x>o<><><x>f PROPOSED DRAINAGE EASEMENT R. D. W. '" RIGHT OF WA Y ORB. '" OFFICIAL R[CORDS BDOK r.p.&L. = F~ORIDA PDWfR 4l UGHT rilE NO.: 2GG-20.J 4 II PROPOSED ' DRAINAGE,,\ ; I EASEMENT \l .11 '1 50.' 502.26' (PLA T) 1.1) ~ ~ :i! ~ r- . ~"'" ,." ~ C..::! '"'i ~ " :::::i ~ '" '-0 ~ (';:) ~b c:,. ~ ~~< ~~ ::tj:J>,: ~ ::>;)~ ~ ;: C"1 .., ..;::jAtri tq ~~ '-<:< :t.: t-< I;') ~ II ~ .-.H ~ I ~ ,I g C.f) PROPOSED 50' DRAINAGE EASEMENT 9.760 SQUARE FEET 3 PARCEL NO. ~ /j '3 ~ ~ 50.1.8J' (PLA T) --; GERMAN WOODS, PLA T BOOK 23, PAGE 62 2 ~ 1- o 25 ~ltemN. C March 28 2 6 I ~ ~ f 15 ~o 100 200 GRAPHIC SCALE GOLDEN GATE EST. TES UNIT 30, PLA T BOOK 7, PAGE 58 iQ !-T1 ~. 117 7171 0.' EXISTING la' EASEMf, FDR F.P.r!tL. PURPOSeS [R O.R.B. 20.40., PAGE 19 EXlSnNG 10' EASEM NT (') FOR DRAINAGE PURPOSES 'fR PLAT ~ '"'i II 1 LEGAL DFSCRIPTTON BEING THE NORTH 50 FEET OF LOT J, GERMAN WOODS; PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA. CLIENT. COUJER COUNTY TRANSPORTA 71ON. E:NGtNCERING It CONSTRUC71ON IJANAGEUENT DIVISION TiTLE: Sl<0CH AND DESCRIP710N 8DNG PART Of' LOT J, GeRMAN WOODS. PLA T BOOK 2J, PAGE 62, COLLIER COUNTY, FLORIDA PROJECT NO.: N6022-002-010- TOHWP CONTAINING 9,160 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. ... NOT A SURVEY... LANe r' R, Po OFf ,fd,L SURVEYOR &: MAPpeR FLORIDA ,f?EGlS~A ,.. LSi,i5627 NOT VALto. UNLESS:SIGNE/) BY: THE SURVEYOR AND SOLED' .WlTH THe SURVE-Yoe.'S EMBOSSED SEAL. ",1 " ,', " CfRFiPtCA ~:OF,AUTHfJI?ltATlo.N j LB-c4J '.OJECT NO.: 62081 ".CEL NO, : SO:J Wils;nMilleiN'~W'- - . ~ . ~ ,-- 'I.._PpO AroNI_ .ltwpcr1111ln CoNul..... WilcnI.IiIIer, me. """"MItn'_._,r_ -"'TLIooU,""'-""__,/lIn _.'" iH4H7If.__... BCARiNGS ARt SASllJ ON NOIilH AIII:RICAN DA/lIIt IUD) INJ-r,go AD.IJ$DltliT STAlE PlANr COOIlOWArr SYSIEII I_I 'OR noow (ASr ZONC. DATE: 04/2002 Jl.Il 11, 2002 - , 4: J6: 07 JNA,PIER!X; \SUR\N6022\Si<etch Of Oescriplions\Submitfed\2gg203s80J.dwg EXHIBIT .1 Page~ of..J.D.... PERPETUAL, NON-EXCLUSIVE DRAINAGE EASeMeNT LEGEND: kx><><><>o<>f PROPOSED DRAINAGE EASEMENT R.D. W. = RIGHT Dr WA Y D.R.8. = OFFICIAL RECDRDS BDOK F.P.&:L. '" FLORIDA POWER 4r LIGHT F1LE NO,: 2GG-203 96 ;1 I I )'ti ~~m No. 11 C L4 ~ March 28, 6 ~of 5 ~- c:::::::l Q. 250 ~ 100 zoo GRAPHIC SCALE: GOLDEN GA T[ ESTA TE5 UNIT 30, PLA T BOOK 7. PAGE 58 50.2.75' (PLAr) <0 ~ ~ ~ o t'-l o;t:::.1 c:.. t:I:l ~< -=--:.;: ~~ ;0:..: ~ "1:l~ ~ ~r"1 ~ ..:::!,:b.t1:l ~ ~~ ~~ t'-l 50.' PROPOSED 50' DRAINAGE EASEMENT 9, 750 SQUARE FEET ~ )" ..::! ,..tNO. <0 ~ :5. R'O.y <0 ~ ~ GOLDEN GA TE EST. TES UNIT 30, PLA T BOOK 7, PACE 58 3 PROPOSED DRAINAG[~: I ~ EASEMENT ~ I ~ . I <: '1 ~ 1-.0- g . 1 iJJ [XISTlNG 10.' EASEM[. FOR F.P.&l. PURPOSES [R a.R.B. 20.40., PAG[ 19 50.2.26' (PLA T) ~ :t r- ~ ...., ~ ~ (') :::! ~ ~ 117 717.1 GERMAN WOODS, PLA T BOOK 23, PAGE 62 EXISTING 30.' EASEM NT FaR R.o. w. PURPaS[S P R PLA T 2 : I tl eXISTING la' EASEM NT FOR DRAINAGE PURPDSfS [R PLA T LEGAL DESCRIPTTON BDNG THE NORTH 50 FEU OF LOT 4, GERMAN WOODS, PLA T BOOK 23, PAGE 62, COLLIER COUNTY. FLORIDA. CONTAINING 9,750 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD. EXHIBIT 4 Page.1QL of..Ja PERPETuAL, NON-EXCLUSIVE DRAINAGE EASEMENT ... .NOT A SURVEY... LANe. 'T' R,l P OFE 'AL SURVEYOR de MAPPER fLQf?IDA.REGiSTRA L/;,"/5527. . \. '," " ~ J'" I .' . t',; ,..fot., VALID UNLESS SIGNee BY THE SURVEYOR AND S[AL(D ''M.TH THE SUR VErOR 'S [MBOSSED SEAL. . ,,-'.,.',,, .... ...... CERFIFlCATE, or 'AUTHORI!A noN I L8-.4] , ,'.... ~ . ".' , , BlARINCS AM SASEO ON NORIk AMCJ/ICAN lI</1.llI (IUD) INJ-'", AlJ.AJSD/CNr STA 1(' fItANC COl.1'QWA 7r Sl'$7EIIIGRID) "'" 1l0lllA CAST ZON{. LEGEND: ~ PROPOSED DRAINAGE EASEMENT R.o. W. '" RIGHT Dr WA Y D.R.B. . DrFICIAL RECORDS 80.01< r.P.&L. = rLORIDA POWER &- LIGHT PROJECT NO,: 62081 PARCEL NO. I 804 CUENT, COUJER COUNTY TRANSPORTA TlON, ENGINEERING tt CONSTRUCTION MANAGEMENT DIVISION TITLE, SKCTCH AND DESCRlPTlON BtlNG PART aF LOT 4, GeRMAN WOODS. PLA T BaOK 23, PAGe 62, caLLieR cauNTy, FLORIDA DATE: PROJEC1 NO.: $HEtT NUWSEft: F"lL( NO.: 0.4/20.0.2 N6G22-oo2-alo- TDHWP 804 OF" XXX 2GG-20J WilsfJnMillei~"~~- .. I'Iomn . ~ ' Ecok>gill. ' Sln<o)<n , ~ ~ . r...........""" CorWtaro/. 1W6cnI.fier, Inc. _'f<r1l1!ln._._.r..,. l2l)1lolIr~!Ullal'~__,_ _./'IrNH4H7l.___ No. 14, 2002 - 11: 39' OJ LMILLERlx: \SUR\N6022\Sketcn 01 Descdplion,\Submill 'd\29920J,e04 dW9 _ -.l _ 82- _ _ _ 58TH STREET SOUTHWEST S04.19' (PLAT) ~ E)(1S."NC 60' CASEMENT - FOR R. O. W. PURPOSES PER PLA T ~~2~~ ~ o ~$ 1IO 100 ~oo CRAPHIC SCA~E 1 C 6 15 So.J.S8' FEE SIMPLE TAKING 196.728 SQUARE FEET 96 g: ;:> ~ ~ :.. ~ ..::! 95 <0 ,.. ~ COLDEN GA TE ES TATES UNI T 30, PLA T BOOK 7, PAGf 58 PARCEL NO. ~05 S0.2.70' (PLA T) GERMAN WOODS, PLA T BOOK 23, PAGE 62 4 I II 177 117.7 LEGAL OCSCRIPTTON BONG THE EAST 391 FEET OF TRACT 95, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7. PAGE 58, COLLIER COUN TY. FLORIDA. CONTAININC 196,728 SQUARE FEET MORE OR LESS, SUBJECT TO THE [XISnNG 160' DRAINAGE EASEMENT PER - PLA T AND OFFICIAL RECORDS CONTAINING 62,560 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS .& RESTRICTIONS OF RECORD. EXHIBIT 11- Page-LfL of.J.D.. ... NOT A SURVEY... LANC,', AP'OF[, _ _. AL SURVEYOR &: MAPPER -_ F~r;nJOA\R[GISTRA LS #56?': I :,.', ".' " .':, I, '; I ~ 'NOT V-'ltfD UNLESS'SIC!f[OlBY THC SURVEYOR AND SEALEO''i4TH THe SURVE.Y/:?R'SEMBOSSED SEAL. , '/"", "" . . ....1' _,' CERrIFfCA,? oF' ~i.JTHORIZA nON I LB-4J BCARNCS All( BASED ON fQr7H ~=N~::t~t~rc Sl'51D1 I_I TOIf IlOlll?A CAsr ZONt. LEGEND: ~ "" "" "" "" ""'\1 EXISTING DRAINAGE EASEMENT ~ PROPOSED ACOUISITIDN R. O. W. . RICHT or WA Y PROJteT NO.: 62081 PoUlCt, NO. : 805 Wil.MiIIBIN'~""~ I'larwwI . ~ . .~ . Suw""" 'l.Andeocpo.lrdwlocto ' T_a'lon ~ WiIIonMiIer, Inc, _'F<rlI/iWJ''''''''._,r""" ml8olorLn.1lb1lO''''__''_IH4Hl<<I'Fa _1:11._ __ CLI!:NT: COLLJER COUNTY TRANSPORTATION. /!NGlNaRING It CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BeiNG PART OF TRACT 96, GOLDEN GATE eSTATE:S UNIT :so, PLAT BOOK 7. PAGE 58, COLLieR COUNTY, FLORIDA OATE.: PROJECT NO.: SHEET NUYS[R: "JLt NO,; 04/2002 N6022-002-070- TDHWP 80S OF xxx 200-203 Nov 14. 2002 - 11: 44; 54 LMUERIX: \SUR\N6022\Skelch Oi De.criplion.\SubmiUed\2gg20J.a05.dwg GOLDEN GA Tf ESTA S UNIT 30. PLA T BOOK 7. AGE 58 PROP SED .R.,O~E.. ~M:~ ~ ~ o 2' ~emNO 1 C d128, 6 Page 111 0 15 ] I 50'00 20Cl GRAPHIC SCALE 707.7 707 706 106.7 EAST LINE OF SECTION 29 SANTA BARBARA BOULEVARD 120.0.0.' (PLAT) 25 GOLDEN GA Tf UN! T 6, PLAT BOOK 5. PAGES 124-134 2 ~ ~ ....~ !:! 3~5:! ....... ~ ~ 4 ~ 5 6 7 ~ :.. ..::! BLOCK 225 20.' ALLEY (PD? PLA T) PROPOSE. 25' D AINA GE [. SEMEN T 26 3,125 SOUA FEET 25 24 BLOCK 225 23 22 27 20 79 18 CO DEN CA TE NIT 6, PLAT B OK 5, PAC. S 124-134 55TH TERRACE S.W. COLDEN GA TE UNIT 5, PLAT BOOK 5, PAGES 124-134 I ~I 'I , BLOCK 224 LEGAL OfSCRfP nON BDNG THE SOUTH 25 FEET OF LOT 4, BLOCK 225, GOLDEN GAT[ UNIT 6, PLAT BOOK 5, PAGES 124-134, COLLIER COUNTY, FLORIDA. CONTAINING 3,125 SQUARE FEU MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD. EXHIBIT A ~ 103 of-..li 7 PARCEL NO. &:>0 PERPETUAl, NON-ExCLUSIVE DRAINAGE EASEMENT *** NOT A SURVEY *** LEGEND: ~ PROPOSED DRAINAGE lASEMlNT ANDREW 8. ,BECK, PROF[SS!ONAL SURVEYOR d:- MAPPER FLORIDA RlGlSTRA "C>>j is /6065 NOT VAUD 'UNLfSSSICNfD BY THE SURVEYOR AND SEALED 'MTH THc 'SURVEYOR'S EMBOSSED SEAL. CERFIFlCATF OF AUTHORIZAnON I LB-43 ICA1I1NCS ARr &<Ie (IN 1It11I1II ~::~~1t mini (/iIIID) Tal n___ CAST za.t. R.O. W. = RIGHT OF WA Y PROJECT NO" 62081 PARCEL NO. , 806 Wils6nMillel'-'~~- l" I'tm<rr. ~ 'f<:aIogIIIr. an.,.n. ~Arcl'IIocII' TfI/lIIll>"fIbl~ ItflIonWho; tlc. ,.....""......'_._.T_ _....Lft,u,IJI/},,.,...__.""'" _."._.___ 2) REV/SED 05-01-00/ 1) REVISED EASEMENT 5-JO-OJ COLLIER COUNTY TRANSPORTA TlON, ENGINEERING k CONSTRUCTION MANAGEMENT DIVISION TITLE, SKeTCH AND DESCRIPTION BEING PART OF LOT 0/, BLOCK 225, GOLDEN GATE: UNIT 6, PLAT BOOK 5. PAGES 124-130/, ' COLLIER COUNTY. FLORIDA PROJECT NO,; SHEET NUUBER: F"JLE NO,; N6022-002-01O-TDHWP 80.6 OF XXX 2GG-20J [),A,TE: 001/2002 CliENT: Jun 01, 2004 - 15: 00: ,. ~Rn"Es,x: \SUR\N6022\Skoleh 0' o.ocrIpU....\Submlt l.d\2~920.).eo6.dwg 107. 7 107 106 706,7 ~~Item .1 C ~ o. ch 28 2 6 Page 112 f 15 ~ j o 2~ 110 100 200 GRAPHIC SCALE GOLDEN GA T[ ESTA S UNIT 30. PLA T BOOK 7, 'AGE 58 PROP SEO .R~O~['. ~MENT ~ 20.' ALLEY (PER PLA T) GOLDEN GA TE UNIT 6, PLAT BOOK 5, PAGES 124-134 EAST LINE OF SECTION 29 SANTA BARBARA BOULEVARD 2 7 BLOCK 225 26 25 BLOCK 225 23 22 79 78 24 GO DEN GA TE 'NIT 6, PLA T B OK 5. PAC, S 124-134 55TH TERRA CE S. W. GOLDEN GA TE UNIT 6, PLAT BOOK 5, PAGES 124-134 I ~I 'r . BLOCK 224 LEGAL OESeR!? nON (TEMPORARY CONSTRUCTION EASEMENT (TCE)) BEING THE NORTH 25 FEET OF THE SOUTH 50 FEU OF LOT 4, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124-134, COLLIER COUNTY, FLORIDA. CONTAINING 3,125 SOUARE FEET MORE OR LESS. SUBJeCT TO EASEMENTS &- RESTRICTIONS OF RECORO. EXHIBIT II Page..1G!i of.k:1. PARCEL NO. r; 01; *** N.or, A SURVEY *** TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LEGEND: ~ '" '" '" '" '" ~ lfMPORARY CONSTRue nON fASEMENT <<-_BAllDtM_.. R.O.I+: .. RIGHT OF WAY =:"~~~/~II' ml!lll/lllOO.l/'rJlfIl_c.uIZ-. p"<>JEer NO.: 6208 1 P"'CE~ NO. , 705 Wils;nMiller-'~uu- -'~'EcollgI%,~.~_.~...~ ~ tlc. -.Frr1......_._.!loIo lD""l.oio...m.~__._ _.,.,_,___ CLIENT: .!un 01, 2004 - 15:01:57 I(RIMESIX:\SUR\N5022\Skotch Of One,lp\lonl\Sullmltlld\299203IBOBA.dwg COLLIER COUNTY TRANSPORTA nON, ENGINEERING && CONSTRUCnON MANAGEMENT DIVISION rlTLE, SKETCH AND DESCRIPnON Bf:ING PART OF LOT 4, BLOCK 225, GOLOf:N GATE: UNIT 6. PLAT BOOK 5, PACE:S r24-r.34, COLLIER COUNTY, FLORIDA PROJECT NO.: SHEa ~8ER: rlU: NO.1 N60.22-002-0I0-TDHWP 806 or xxx 2GG-20JA OATE: ~/2002 GOWEN GA TE ESTA S UNIT 30, PLA T BOOK 7, AGE 58 PRO OSED R.O.W. S[M[N~~ ~. ~ltemN ~ -, - March 2 ~3 ... r:::::=::1 o 2~ ~ 100 200 GRAPHIC SCALE . C 2 06 f 15 107.7 707 106 106.1 EAST LINE OF SECTION 29 SANTA BARBARA BOULEVARD GOLDEN GA TE UNI T 6, PLAT BOOK 5, PACES 124-134 2 3 4 5 F SIMPLE 10.000 SQUARE. 6 KING 7 BLOCK 225 20' ALLEY (PER PLA T) S 26 25 24 ~ ~ :t. BLOCK 225 ..::! 22 21 20 19 18 eo..o.o.' (PLA T) 55TH TERRACE S. W. GOLDEN GA TE UNIT 6, PLAT BOOK 5, PAGES 124-134 I ~I , I , BLOCK 224 LEGAL DESCRIPTTON BEING ALL OF LOT 23, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124-134, COLLIER COUNTY, FLORIDA. CONTAINING 10,000 SQUARE FEET MORE OR LESS. SUBJECT TO EASfMENTS & RESTRICTIONS OF RECORD. EXHIBIT ..L Page /()~ ot.M:L .~~ NOT A SURVEY... , ).. " . . . 'J . 'LANe T R;R OFf. .:''fL,OI!'(J~ RECisTRA .:L5Is627 'ND7. VALiD UNLESS SIGNED BY THe SURVEYOR AND SEALED 'MTJ./ THE SURVEYOR'S eMBOSSED SEAL. CERFfFfC,I., T[ OF AUTHORIlA nON 1 LB-4J IItIoR1NG$ NIC BA5!l> ON NCl/1H AMDIJCAH IJArrJI/ (N.A.D) /H)-/ftIl A/WS/lItNT SIAIr I'W/t COOIIDINAIr 5n7EIII_1 TrJ1f 11."""" lAST Z01IC. LEGEND: kX><><X><><>i PRDPOSfD A COUISfTlON R.D.W. . RIGHT OF WAY PROJECT NO., 62081 PARCo. NO. : 807 Wil.Millei'.'~""~ -, erv;-.. ~. an.,.n. ~~. ~""""'".. 1liIcnYIler, he. ..../VIiI)In'_._.T_ =....lAUtfD).___.__."" ~._ ___ eUEHT: COL.UER COUNTY TRANSPORTATION. ENGlNEERlNe tt CONSTRUCTION MANAGEMENT DIVISION TITLE: SKE:TDI AND DGC;RIPTION BclNG ALL OF LOT 23, BLOCK 225, COWcN GATE: UNIT 5, PLAT BOOK 5, PACES T24-134. COLLIER COUNTY, FLORIOA ClATE: PRQ.,lEcr NO.: SHEET NUMBE~ f:"lL.E; NO,: 04/2002 N5022-002-010- TDHWP 807 OF xxx 200-203 Jul 11. 2002 - , 0: 06: 45 JNAPIERIX, \SUR\N6022\Skotch Of 0..cdptlon.\SubmiUod\2gg203s807.dw9 EAST LINE OF SECnON 29 SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, PLA T BOOK 5, PAGES 124-134 ~(!.ltomN. C March 2 ,2 6 I ~ '14 of 15 ~o 100 200 CRAPHIC SCALE 2 3 4 5 BLOCK 225 20.' ALLEY (PER PLA r) 26 25 24 23 22 21 20 BLOCK 225 I 55TH TERRACE S,W. g:, " 6 7 ~ I:J1 ~ ~ 75 ~ ~ ~ ~ BLOCK 181 ~ BLOCK 216 ~ ~ 16 18 12 I r:tDf g:, 'I ~ tJ'1 ~ 7 (J 0 ~ BLOCK 224 "-3 ~ 16 ~ 13 11 LEGAL DFSCRIPTTON BEING THE NORTH 25 FEU OF LOT 14, BLOCK 216, GOLDEN GATE UNIT 6. PLAT BOOK 5, PAGES 124-134, COLLIER COUNTY. FLORIDA. CONTAINING 3,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT A P8ge~ of....lfiL PERPETUAL, NON-EXClUSIVE DRAINAGE EASEMENT . .~~. NOT;',A. SURVEY ... " . I: I "'R. p Ofi "At SURVEYOR ~ MAPPER " fL()RID~ RECISTRA .cs 15627 " ~ ..' "........' . ,- Nor 'VALID, UNLESS SIGNED BY THE SURVEYOR AND SEALED,W1rH. .THt~.sURVEYOR'S EMBOSSED SEAL. CERAFICAT[ OF AUTHORIZA7tDN I LB-4J SCARINCS ARE lWill ON NOIfrn AMEIITCAN 1loI n.w (N.A.D) 'NJ-,IIO ADNSTlKNT swr PuNt: -'11' SYS7EII (tiRfD1 TOIIIl.GlIIlM CAST ZONe. LEGEND: ~ PROPOSED DRAINACE EASEMENT R.O.W. = RIGHT DF WAY PROJEC'r NO.: 620Bf PARCEL NO. : 80B Wil.Miller.'~~- -. .~'.EotJ/agIIII.~.l.nIIcII>>_ .~~ MIono\IIer, tJc. ,",*,.Flrt~._._.r..,. mJ8IIlyI.n.UoIOO.,.,__._ _.", _.___ CUENT: CC1U..IER COUNTY TRANSPORT... TlON, ENGINEERING I: CONSTRUCTION MANAGEMENT DIVISION TITlE: SKETCH AND DESCRIPTION SelNG PART OF LOT 1~. BLOCK 216. GOLDeN GATE: UNIT 6, PLAT SOOK,. PAGeS 124-1':J4, COLLIeR COI./N'TY, F'LOR/DA QATEI PIItO..lECT NO.: SHEET NUW8E:R: FILE NO.J 04/2002 N6022-002-010- TDHKP 808 or xxx 200-203 Jul 11, 2002 - 10: 07: 03 JNAPIERIX: \SUR\N6022\Skelch Of Oe.crlptlons\SuDmltled\2gg203sBOB.dwg EAST LINE OF SECTION 29 SANTA BARBARA BOULEVARD COLDEN GA T[ UNIT 6, PLAT BOOK 5, PACES 124-134 . C 2 06 f 15 2 3 4 5 7 6 BLOCK 225 20' ALLEY (PER PLA T) 26 25 24 22 21 BLOCK 225 I 55TH TERRACE S. W. g;1 ~.....~. 'I ~ ~~ CJ'l ~ CJ'l ~ 8. ~ 15 14 ~ ,. (J ~ ~ BLOCK 216 C 125.06' (PLA T) ~ BLOCK 224 BLOCK 181 ~ 12 "-3 ~ 16 ~ 76 ~ ~ 17 LEGAL DESCRIPTTON BEING THE SOUTH 25 FEU OF LOT 13, BLOCK 216, GOLDEN GA T[ UNIT 6, PLA T BOOK 5, PAGES 124-134, COLLIER COUNTY, FLORIDA. CONTAINING 2,374 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &: RESmlCTIONS OF RECORD. EXHIBIT A Page-LQl of-LQ] PE~ lllAL.. NON-ExClUSI\IE ORAtNAGF. F.AS~MI';NT ...NOT .A . SURVEY ... 'R,. P OFf. AL SURVEYOR Jt MAPPER FLORIDA REGlSTRA LS 15521 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED a7TH THE SURVEYOR'S EMBOSSED SEAL. eERF/rICA TE OF AUTHORIZA TlON I LB-.4j BfA"""" ARC BA.5I'D (II NOI/1// A.lIlJiICAN A41lM (HollO) tIl,J-I'JD ATMISllltNr stAIr Pl.ANC al<IIIlWA /l' mIDI ICI/I{)I _ n-.. CASr ZOIIC. LEGEND: ~ PROPOSED DRAINAGE EASfMENT R.O.W ~ RIGHT or WAY PlIOoItCT NO.: 62081 .....eEL NO. : 8Of1 WilsOnMilleIM-~~- ,. - . ~ . E<:oioQiN . ~ ' lMldapoAn/llloclr . ~ """"".... Wi8<riIier, tlc: ,.",..Ii>1",,"'_'_.T_ oIIlI)""lAno"ItfJ.~___.""" _'Fu_.___ CLLENT: COLLIER COUNTY TRANSPORTA nON. ENGINEERING ~ CONSTRUCTJON MANAGafENT OMS/ON TlTLt: SKETCH AND OESCRtpnON BEING PART OF LOT 13, BLOCK 215, GOLDEN GAre UNIT 6, PLAT BOOK S, PAGES 124-134, COLLIER COUNTY, FLORIDA DATI::: PROJECT NO.: SHEET NUloIBE:R: F'U NO.: 0.4/200.2 N60.22-002-0'O-TDHWP 809 or xxx 200-20.1 Jul 11. 2002 - 10: 07: 19 JNAPIER!X: \SUR\N6022\Sketc" or Oe,cripllon.\Submllted\2Q920JsB09.dwg Agenda Item No. 100 March 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 32, Project No. 60091). Estimated fiscal impact: $10,918,000. OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or perpetual or temporary easement interests necessary for the construction of the Santa Barbara Boulevard Extension Improvement Project from Davis Boulevard to Rattlesnake Hammock Road (Project No. 60091). CONSIDERA TIONS: After years of debating the need for, and the alignment of the extension of Santa Barbara Boulevard from its present terminus at Davis Boulevard south to Rattlesnake Hammock Road, the project has been adopted as part of the County's Long Range Transportation Plan (LRTP), an alignment has been selected, and the roadway is under design. Staff anticipates that this project will go to construction during fiscal year 2007; therefore, the right- of-way parcels must be purchased before that time. Agnoli, Barber & Brundage, Inc, recently submitted the 30% construction drawings. This milestone triggers the right-of-way department to begin preliminary acquisition work, Adoption of the attached Resolution will provide staff with the Board's authorization to secure title work, obtain independent real estate appraisals, and to negotiate for the purchase of the required right-of-way. FISCAL IMP ACT: Staff estimates the total cost to acquire the necessary right-of-way may run as high as $10,918,000. However, this figure is only an estimate. In the event that condemnation can be avoided, and all of the impacted right-of-way can be purchased through negotiated settlements, at or near market value for the property required, the total right-of-way cost is estimated to be $7,734,000 and will be funded by the Transportation Supported Gas Tax Fund and the Road Impact Fee Fund. Source of funds are gas tax and road impact fees, GROWTH MANAGEMENT IMP ACT: As part of the County's Capital Improvement Element, the expansion of Santa Barbara Boulevard (Project No. 60091) is an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will ofthe Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Agenda Item No. 10D March 28,2006 Page 2 of 7 Prepared by: Lorraine Lantz, ROW Coordinator, TECM Attachment: Gift and Purchase Reso lution Agenda Item NO.1 OD March 28, 2006 Page 3 of 7 RESOLUTION NO. 2006-_ A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE Of FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-Of-WAY, AS WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-Of-WAY, DRAINAGE AND UTll...ITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED fOR THE CONSTRUCTION Of ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO SANTA BARBARA EXTENSION FROM DAVIS BOULEVARD TO RA TILESNAKE HAMMOCK ROAD. (CAPITAL IMPROVEMENT ELEMENT NO. 32, PROJECT NO. 60091). WHEREAS, the Board of County Commissioners (Board). on June 7, 2005 adopted Ordinance No. 2005-25 therein establishing the Capitallmprovement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2005-25; and WHEREAS, the extension of Santa Barbara Boulevard from Davis Road to Rattlesnake Hammock Road (Project No. 60091) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, Agnoli, Barber & Brundage, Inc. were approved by the Board of County Commissioners as the professional engineering firm hired to design the transportation improvements and related facilities, along the project corridor, as depicted on Exhibit "A"; and WHEREAS, this project as depicted on Exhibit "A" is necessary in order to provide for the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREfORE, BE IT RESOLVED BY THE BOARD Of COUNTY COMMISSIONERS Of COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the extension of Santa Barbara Boulevard between Davis Boulevard and Rattlesnake Hammock Road (hereinafter referred to as "the Project") is necessary and is in the best interest of Collier County. 2. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. ...J~ ~..: ~ Agenda Item No. 100 March 28, 2006 Page 4 of 7 3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple interest in the proposed right of way, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, and temporary driveway restoration easements within the project conidor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said right-of-way and associated easement interests by gift or purchase, 4. The Board hereby directs staff to use independent appraisal reports or internal compensation estimates as staff detennines is necessary to best serve the needs of the Project in a timely and cost- effective manner. 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 6. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Transportation Division staff is hereby directed to offer immediate delivery to the respective property owners of compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in return for the immediate and proper execution of the respective conveyance instruments and other legal documents or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required. 7. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation Division, or any Project Manager of his designation, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate -Page 2- Agenda Item No.1 00 March 28, 2006 Page 5 of 7 or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 8. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 9. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 10. Where the property owner agrees, through the execution of a "Purchase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, or a qualified intermediary, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 11. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds, easements or other instruments as may be required to remove the lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this _ day of second and majority vote. , 2006, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA A TrEST: DWIGHT E. BROCK, CLERK By: FRANK HALAS, CHAIRMAN Clerk Approved as to form and legal sufficiency: Ellen T. Chadwell -Page 3- EXHIBIT-A- ~ \ of \ -- Agenda Item NO.1 00 March 28, 2006 Page 6 of 7 (RIGHT-OF-WAY REQUIRED WITHIN BOLD OUTER BOUNDARY) SANTA BARBARA BOULEVARD EXTENSION PROJECT CORRIDOR (DASHED LINE INDICATES APROXIMATE ROADWAY CENTERLINE) -,~ '"""\. ~ 14 Item Number: Item Summary: Meeting Date: Agenda Item No, 10D March 28, 2006 Page 7 017 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendal-lon to adopt a resolution authorizing the acquisition by gift or purchase 01 fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway. drainage and utility improvements required for the extension of Santa BarbarEl Boulevard frorn Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No, 32, Project No. 60091). Estimated fiscal impact: $10,918.000 (Norman Feder. Administrator, fransportation Services) 3128/20069:00'00 AM Right Of Way Coordinator Date Prepared By Lorraine Lantz Transportation Services TECM.ROW 3113/20061:10:05 PM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Snrvice-s TECM-ROW 3113/20064:44 PM Approved By Michael Greene Transportation Services Oat~ ProJect Manager Transportation Engineering & Construction Management 3/13/2006 5:02 PM Najeh Ahmad Director Date Approved By Transportation Service' Transportation Engine&ring & Construction Management 3114!20D6 8:52 AM Norm E. Feder, AiCP Transportation Division Administrator Date Approved B)" Transportation Services Transportation Services Admin, 3/14/20Q6 9:43 AM Approved By Lisa Taylor Transportation Ser.dces Management/Budget Analyst Date Transportation Administration 3114/200611:12 AM Accounting Supervisor Dat. Approved By Sharon Newman Transportation Services Transportation Se-rvices Admin 3f141200(\ 2:41 PM Pat Lehnhard Executive Secretary Date Appruved By Transportation Services Transportation Services Admin 3/15/20069:41 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/15/200612:16 PM MichAel Smykowski Managemenl & Budget Director Date ApprOl"cd By County Manager's Office Office 01 Management & Budget 3!16/2006 3:09 PM Approved By James v. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/1712006 5:33 PM Agenda Item No. 10E March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Report to the Board on a 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. OBJECTIVE: To increase the supply of all levels of affordable housing in Collier County by conveying a portion of the County-owned Bembridge PUD to a non-profit housing developer. CONSIDERATIONS: On September 13, 2005, the Board of County Commissioners (BCC) approved a rezoning of the property known as the Bembridge PUD. The PUD includes a mixture of uses including a school, an EMS station, a water retention area, and a residential component. At the December 13, 2005 BCC meeting, Kathy Patterson, Executive Director of the Collier County Housing Development Corporation (CCHDC), addressed the Board of County Commissioners (BCC) through a Public Petition, item 6B, to request that the BCC donate the residential portion of the Bembridge PUD to the CCHDC for purposes of building affordable housing. The BCC gave unanimous approval to direct staff to bring the item back for consideration at a regular board meeting. --~ The Collier County Housing Development Corporation is a 501(c)3 private non-profit corporation established in 2004, CCHDC has been involved in various housing activities over the past two years including hosting the county-wide annual housing fair and, most recently, partnering to develop 32 affordable housing units in the Cirrus Pointe PUD. At the February 14, 2006 BCC meeting, the Board heard a presentation from the CCHDC under item lOB where they proposed that the residential portion of the Bembridge PUD could consist of approximately 5.2 acres on which CCHDC would seek to develop approximately 72 housing units, The units would range in price from approximately $ 150,000 to $350,000 and be available for purchase by households between 60% and 150% of the median income. CCHDC also committed to establishing and placing the property in a Community Land Trust to ensure that the units remain affordable housing in perpetuity. After the presentation, the BCC directed staff to continue to explore the concept of building Affordable- Workforce housing on the Bembridge parcel and to research the possibility of limiting the sale of some or all of the units to county employees. The BCC also expressed a desire to have the CCHDC reexamine its targeted household income levels and maximum purchase prices in order to try to make the homes more affordable, As a result, the CCHDC is now proposing a total of 70 units serving up to 120% of median income with a maximum price of $320,000 Staff has continued to meet with representatives from the CCHDC and the County Attorney's Office to refine the request and proposal in order to formulate the key decisions to be made in light of governing State Statutes and possible outcomes from this year's legislative session in Tallahassee in regard to any affordable housing bills, Agenda Item No. 10E March 28, 2006 Page 2 of 3 The County Attorney's office has opined that under current Florida law this property may be transferred by the BCC to a non-profit entity to be developed "for purposes of promoting community interest and welfare" at any value it chooses after a determination that the property is no longer needed for County purposes. Restricting the sale of some or all of the affordable units to County employees may not meet this definition, and result in a legal inability to transfer the property without a selection process, An opinion form the Attorney General on this issue is being pursued. Staff plans to guide the BCC through these key decisions in an informational format in order to present all factors in the process and develop a consensus direction from the Board for the future of this project. The CCHDC will also present a "concept plan" for developing the site including an economic overview of their vision for this project complete with proposed income and purchase pnces, FISCAL IMP ACT: The property was originally purchased by the County in 2001 at a cost of $79,608 per acre with funds from the Emergency Services Impact Fee Trust Fund. The value of the 5.2 acres at time of purchase was $413,962. Per Real Estate Services' staff appraiser, the current appraised value of the 5.2 acres is $1,139,000, If the property is ultimately used for a purpose other than emergency services, then the original purchase price must be refunded to the Emergency Services Impact Fee Trust Fund. The County's General Fund could be used to provide this refund. An alternative is to have the General Fund advance the $413,962 and have it reimbursed over time through pending and future contributions made to the County's Affordable Housing Linkage Fee Trust Fund. GROWTH MANAGEMENT IMPACT: Providing property for affordable housing assists in achieving the goals, policies, and objectives in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable constitutional and general law, and is legally sufficient for the Board of County Commissioners consideration and approval within parameters. RECOMMENDA TION: That the Board of County Commissioners consider the donation of the residential portion of the Bembridge PUD to the Collier County Housing Development Corporation to be used for Affordable- Workforce housing, and if desired, to direct staff to prepare and bring back the formal documentation needed to carry out this project. PREPARED BY: Cormac Giblin, Housing and Grants Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 10E March 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS iDE Report to the Board on a request from the Collier County Housil1g Development Corpori:ltion that n18 Board 01 County Commissioners of Collier County donate the residential portion of the 8embridge PUD to be used for Affordable~\Norkforce Housing (Joseptl K. Schmitt. Administrator, Community Development and Environmental Services Division) 3/28/20069:00:00 AM Housing Development Manager Date Prepared By Cormac Giblin Community Development & Environmental Servicel> Financial Admin. & Housing 3/15/2006 5:14:52 PM Date Approved By Constance A. Johnson Operations Analyst Community Developme-nt & Community Development &. Environmental Services Environmental Services Admin. 3/18120067:32 AM Sandra Le-a EXe-Clltive Aide to the BCe Date Approved By Board of County Commissioners Bec Office 31113/2006 9:01 AM Denton Baker Financial Admin &. HOllsing Director Date Approved By Community Developme-nt & E.nvironmental Services Financial Admin, & Housing 3/16120069:32 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminsrrator Date Community Development & Environmental Sorvices Admin. 3/16/20068:15 PM Administrative Asaistant Dale Approved By OMS Coordinator County Manager's Office Office of Managemen1 & Budget 3/17(200611 :19 AM Budget Analyst Date Apprond By Mark Isackson County Manager's Office Office of Managemenr & Budget 3/17/20063:32 PM County Manager DAte Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/17/20064:59 PM Agenda Item No. 10F March 28, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve four Fringe Benefit Program initiatives for non-bargaining unit employees in order to combat turnover and to improve the recruitment and retention of emplovees. OBJECTIVE: For the Board of County Commissioners to allow the County Manager, or his designee, I) to modify the vacation sell back program; 2) to implement hiring bonuses for certain hard to fill positions; 3) to increase the number of vacation hours/days at certain levels of employee service; and 4) to increase the amount of County provided group term life insurance. CONSIDERATION: The County Manager is proposing these four initiatives in order to combat turnover and to improve the attraction and retention of employees. To support these recommendations the following background information is provided: · The County's turnover over the past three calendar years has increased from 194 employees in 2003, to 2 11 employees in 2004 to 276 employees in 2005, This represents a 4 I % increase in the number of employees leaving from 2003 to 2005. The turnover rate has increased from an acceptable level of ~ 10% in 2003 to in excess of 15% in 2005, · The average age at termination is 44.0 I years. The average length of service at termination is 4.44 years, Employees are leaving at a fairly early age and with very little service time. · A recent multi industry survey of nearly 14,000 employees and nearly 400 HR Managers by Salary,com reveals that 65% of the employees plan on looking for a new job in the next three months, · The County continually experiences difficulty in attracting applicants for critically skilled positions such as Planners, Project Managers and Engineers; in addition, the County frequently is faced with the prospect of making counter offers to existing employees in these positions as these skills are highly valued by the development/construction industry, And finally, several Senior Project Managers are approaching retirement age which will further exacerbate our recruitment issue for these highly sought after talents. ".~._'" · The County is unable to compete on a salary basis with private employers without incurring significant additional salary expense. Human Resources has been able to obtain specific pay data from only a handful of local private employers and the data have been provided for very few jobs. Attempts to obtain more comprehensive data from targeted private employers have been unsuccessfq1. Agenda Item NO.1 OF March 28,2006 Page 2 of 5 · The cost of living in Collier County continues to exceed other areas within Florida, The 2003 and 2004 Florida Price Level Indices showed Collier County to be the most expensive county in Florida, In some cases, the cost of living in Collier County exceeds or approaches the cost of living in some major metropolitan locations throughout the Country such as Chicago, Boston, Philadelphia, Washington D,C. and Las Vegas. The cost of living in Las Angeles is virtually the same as in Collier County. (Source: Sperling's Best Places, Cost of Living Calculator) · Over a five year period, home prices in Naples have soared by 114.7%; statewide home prices have increased by 90%. (.'Jource: Florida Association of Realtors, US Department of Housing and Urban Development and Office of Federal Housing Enterprise Oversight) The specifics of each recommendation follow below. These four recommendations only apply to non-bargaining unit employees. The Office of the County Manager Administrative Procedure CMAs # 5360 and # 5301 currently provide that, four times per year, employees may elect to sell back from 20 to 80 hours of vacation time at 85% of their current rates of pay as long as they retain a minimum balance of 80 hours. The County Manager believes that the rate should be increased to 100% of employees' current rates of pay because: · Employees have earned the vacation time at 100% of their rate of pay, · Employees will continue to be encouraged to sell back more vacation thus avoiding: o Payment of the vacation at 100% of a higher rate of pay when employees take the vacation rather than selling it back and o Payment of the vacation at 100% of a higher rate of pay when the employee terminates. In addition, it is recommended that employees be able to sell back vacation at any time during the year; that, upon the completion of four years of service, employees be allowed to sell back up to 120 hours of vacation as long as they retain 60 hours; that, upon completion of ten years of service, employees be allowed to sell back up to 160 hours of vacation as long as they retain 60 hours; and that the minimum sell back be changed from 20 hours to 10 hours. This change will benefit both employees and the County since employees will be paid out at 100%, the County will avoid additional future expenses, administration of the program will be streamlined and employees will be rewarded for attaining certain levels of service with the County. 2) The County has experienced an increase in turnover for certain key classifications (e.g. Project Managers) for whom external recruitment of replacement and new employees has become very difficult. The major reasons for the difficulty in recruitment include the cost of living/housing in Collier County, the dearth of rental property, a sometimes inadequate qualified applicant pool, - 2 Agenda Item No. 10F March 28, 2006 Page 3 of 5 and higher salaries paid by private employers with whom it is not fiscally prudent for the County to compete. A strategy used by many private employers is to selectively utilize hiring bonuses to attract qualified external applicants. Hiring bonuses can ease the applicant's transition from a higher salary and assist in relocation if necessary. The recommended hiring bonuses would be limited to a maximum of two months salary subject to a maximum of $10,000 and would be subject to repayment by the employee as follows if termination occurs within two years of hire date. Before two years Before three years Before four years Before five years 100% reimbursement 75% reimbursement 50% reimbursement 25% reimbursement Human Resources will develop a strict protocol to limit the use of hiring bonuses to only the hardest to fill positions. 3) As an additional retention tool, it is recommended that the vacation schedule in the Office of the County Manager Administrative Procedure # 5360 be changed as follows: Service . o .:.S.. 2 years . >2 ~ 4 years . >4 .:.S.. 6 years . >6 ~ 10 years . > 1 0 ~ 20 years . >20 years Number of Hours/Days* of Vacation Per Year Current HourslDays Recommended Hours/Days 80110 80/10 80/10 120/15 120/15 120/15 120/15 160/20 160/20 160/20 200/25 200/25 * Days are based upon a 40 hour work week, 8 hours per day. An August 2005 survey of Southwest Florida employers showed that employees typically begin to earn 4 weeks of vacation at the completion of 10 years of employment. A recent survey of other Florida counties showed the following: · Charlotte County: 1 to 5 years = 120 hours; · Lee County: 1 - 4 years = 96 hours; 5 - 9 years = 120 hours; 10 - 14 years = 144 hours. · Hillsborough County: 1 - 4 years = 96 hours; 5 - 9 years = 120 hours; 10 - 15 years = 144 hours The recommendation is in line with this competitive information. ,....-..~ 3 Agenda Item No.1 OF March 28, 2006 Page 4 of 5 In addition, because of the change in the accrual schedule the maximum number of hours of vacation accrual will be changed from 320 hours to 440 hours, Accrual of up to 480 hours will be allowed with the approval of the Division Administrator and the Director - Human Resources. 4) The County currently provides employees with group term life insurance at 1 times salary. The County Manager recommends that the County increase this life insurance to 2 times salary. The competitive norm is 1 to 2 times salary so this change will not exceed the bounds of what is generally provided by other employers in the local marketplace. In fact, an August 2005 survey of Southwest Florida employers showed the that one-third of local employers, who provide life insurance as a multiple of salary, provide it at 2 times salary. In addition, the City of Naples provides life insurance at 2 times salary. It is recommended that these four initiatives be effective April 1, 2006 for non-bargaining unit employees. FISCAL IMP ACT: The results of these actions are estimated to have a maximum incremental annual fiscal impact to the County of approximately $531,000: $70,000 attributable to the change in the vacation sell back rate; $165,000 attributable to hiring bonuses; and $296,000 attributable to the change in life insurance. There are no current incremental hard costs associated with the change to the vacation schedule, only a potential increase to the vacation payout liability when employees terminate. Due to mid-year implementation, the cost for FY '06 will be approximately one half of the estimated annual cost. Funding will be spread throughout the agency and can be absorbed within existing budgets due to high turnover rates experienced this year, GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary, RECOMMENDATION: That the Board of County Commissioners allow the County Manager, or his designee, I) to modify CMAs # 5360 and # 5301 in order to increase the payment rate for vacation hours sold back from 85% to lOO% of the rate of pay in effect at the time of the sell back, to allow sell back at any time during the year, to allow higher levels of sell back after the completion of four and ten years of service and to reduce the minimum sell back from 20 to 10 hours; 2) to implement hiring bonuses of up to two months salary subject to a maximum of $10,000 to assist in the external recruitment of certain hard to fill positions; 3) to increase the number of vacation hours/days at certain levels of employee service and increase the maximum number of hours that can be accrued; and 4) to increase the amount of County provided group term life insurance from 1 times salary to 2 times salary. Prepared by: Donald Albonesi, Manager - Compensation, Human Resources Department and Amy Lyberg, Manager - Employment Operations, Human Resources Department ,-, 4 Agenda Item No, 10F March 28, 2006 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIO'IERS Item Number: Item Summary: 10F Recommendation 10 approve four Fnnge Benefit Program initiatives for non-bargaining unit employees in order to combat turnover and to improve tile recruitment and retentlon of employees. (Len Pnce, Administrator, Administrative Services) Meeting Date: 3128/20069:00:00 AM Prepared By Donald Albone5-i Compe-nsation Manager Date Administrative Services Human Resources ~11612006 2:40:51 PM Approved By Donald Albonesi Compensation Manager Date Administrative Services Hum....n ResQurces 3/16120064:07 PM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resourct>s 3/16/20064:10 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3116/2006 ~:2B PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager'r> Office 3/2212006 1 :32 PM EXECUTIVE SUMMARY Agenda Item No. 10G March 28, 2006 Page 1 of 3 Recommendation that the Board authorize the advertisement of a public hearing in regard to increasing Collier Area Transit (CAT) bus fares to be scheduled on May 23, 2006 OBJECTIVE: To acquire Board of County Commissioners approval for a public hearing to receive comment in regard to increasing CAT bus fares and in consideration of public comments, consider approval of the fare increase at the BCC meeting on May 23,2006. CONSIDERATION: The Federal Transit Administration requires a 45 day advertisement for a public hearing in regard to bus fare increases. With Board approval, a bus fare increase will be advertised and a public comment opportunity provided at the Board meeting on May 23,2006. Following public comment, the Board will be asked to consider approval ofa bus fare increase. Review and consideration of adjusting transit fares is a routine process of providing public transportation services. These fare adjustments maintain a balance between local funding, Federal and State grant funding, and user fees. FISCAL IMP ACT: The transit industry standard for calculating the impacts of a fare increase is: for every 10% increase in fares there is a corresponding 3% decrease in ridership. Utilizing this formula and the FY05 ridership numbers, if the Board approves a rate increase to $1.25 for full fare passengers and $.60 for elderly and children under seventeen, there would be a decrease of 45,000 passenger boardings and an increase of $71 ,000 in bus fare revenue. ..-. ;';Ji'" ,""'iii:\\: ';.'X{.....,'ii',!l '!i,:,;r,;t',Y,J':',.' .,'..' ' Base Fare $1.00 $1.25 Reduced Fare for Elderly and Children under 17 years of age $.50 $.60 Full Fare Token $1.00 $1.25 Reduced Fare Token $.50 $.60 Transfers Free Free Day Passes Full Fare $3.00 $4.00 Day Passes Reduced Fare $1.50 $2,00 Monthly Pass Full Fare $30.00 $35,00 Monthly Pass Reduced Fare $15.00 $17,50 Marco Express Full Fare $2,00 $2.50 Marco Express Reduced Fare $1.00 $1.20 Marco Express Monthly Pass Full Fare $60,00 $70.00 Marco Express Monthly Pass Reduced Fare $30,00 $35.00 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of Collier County Commissioners approve a public hearing on May 23, 2006 to allow for public comment in order to make a decision on the fare structure for Collier Area Transit. .- Prepared by: Blanca Nieves, Administrative Assistant, Alternative Transportation Modes Item Number: Item Summary: Meeting Date: Agenda Item No, 10G March 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOG Recommendation that the Board authorize the advertisement of a public hearing in regElrd to increasing Collier Area Transit (CAT) bus rares 10 be scheduled on May 23, 2006. (Norman feder, Admimstrator, Transportation SerlliceS) 3/28/20069:00:00 AM Director A TM Director Date Approved By Diane B. Flagg Trans.portation Services Alternative Transportation Modes 313/2006 4:07 PM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Servjces Admin. 316120067:26 AM Barbara LaPierre ManagemenUBudget Analyst Date Approved By Transportation Services Traffic Operations 3/6/2006 11:36 AM Approved B~' Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 3/16!2006 1 :13 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services. Admin 3/16120062:01 PM OMB Coordinator Administrative Assistant Dale Approved By County Manager's Office Office ot Management & Budget 3/17/20067;56 AM Approved By Mark lsacks-on County Manager's Office Budget Analyst Date Office of Management & 8udget 3120f2006 5;28 PM Deputy County Manager Date Approved By Leo E. Ochs, Jr. Board of County Commissioners Count.y Manager's Office 3/20120066.09 PM Agenda Item No. 10G March 28, 2006 Page 3 of 3 LEGAL ADVERTISEMENT NOTICE OF PUBLIC HEARING PROPOSED COLLIER AREA TRANSIT F ARE INCREASE Notice is hereby given that a hearing will be held by Collier County for the purpose of considering a proposed of Collier Area Transit Fare Increase. The hearing will be held at 9:00 A.M. on - Tuesday, May 23, 2006 at Board of County Commissioners chambers, located on the third floor 0 the W. Harmon Turner Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples. The current and proposed fare structure is as follows: ServiCe Category . . ..... ,.., ,... " .......',.." '(; ." Ctirieht' 'LPropOsed , ,', . Base Fare $1.00 $1.25 Reduced Fare for Elderly and Children under 17 years of age $.50 $.60 Full Fare Token $1.00 $1.25 Reduced Fare Token $.50 $,60 Transfers Free Free Day Passes Full Fare $3.00 $4.00 Day Passes Reduced Fare $1.50 $2.00 Monthly Pass Full Fare $30.00 $35,00 Monthly Pass Reduced Fare $15.00 $17,50 Marco Express Full Fare $2.00 $2,50 Marco Express Reduced Fare $1.00 $1.20 Marco Express Monthly Pass Full Fare $60.00 $70.00 Marco Express Monthly Pass Reduced Fare $30.00 $35.00 At the hearing, Collier County will afford an opportunity to interested persons or agencies to be heard with respect to the social and economic aspects of the proposed fare increase. Interested persons or agencies may submit, orally or in writing, evidence and recommendations with respect to said proposed fare increase. Blanca Nieves Interim Senior Planner Alternative Transportation Modes Department Transportation Services Division 2885 Horseshoe Drive South Naples, FL 34104 H:\ 1 A TM Dept\CA Tlfare increaseLEGALAD06 Agenda Item NO.1 OH March 28, 2006 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to award Contract 06-3924 to Douglas N. Higgins Inc., in the amount of $4,369,400, for the construction of a Reclaimed Water Aquifer Storage and Recovery System, approve Work Order HDR-FT-3785-06 under Contract 05- 3785 with HDR, Inc. for construction engineering inspection services, in the amount of $167,800, and approve the necessary budget amendment for Project 74030. OBJECTIVE: The public purpose of this project is to implement Aquifer Storage and Recovery (ASR) technology in order to protect the public water supply by increasing the available reclaimed water to be used for irrigation. This action request is to award the construction contract, approve a work order for construction engineering inspection services, and approve a budget amendment for this project. CONSIDERATIONS: On April 22,2003, Agenda Item 16(C)5, the Board of County Commissioners (Board) approved Amendment 3 to Contract 99-2926 with Water Resource Solutions to provide additional engineering services to design and permit the ASR well system, and services during construction, testing, and operational permitting of the ASR well. The Project is included in and is consistent with the 2003 Wastewater Master Plan Update adopted by this Board on May 25, 2004, Agenda Item 10C. ,...-, Bid 06-3924, Reclaimed Water ASR, was advertised on December 22,2005,213 notices were sent out, 17 plans and specifications were purchased. In accordance with the procurement policy of Collier County, sealed bids were opened on February 3, 2006, Staff received bid proposals from 4 contractors (listed below), Bidder Douglas N, Higgins, Inc. Poole & Kent Company of Florida Wright Construction Corporation Mitchell & Stark Construction Amount $4,369,400 $4,726,000 $5,549,525 $5,867,850 - The bid tabulation is attached. The engineer's estimate prior to bidding the project (November 2005) was $3,344, 200. The engineer's revised estimate is $4,203,754. The increase to the engineer's estimate of$ 859,554 is described in the attached consultant letter and spreadsheet. This increase includes: (a) 15% for general contractor's markup for portions of the subcontractors work and bonds that were not included in the original estimate, (b) an updated electrical estimate, (c) enhanced fiberglass piping, (d) addendum changes and (e) overall cost increases in the construction industry. Staff in consultation with Water Resource Solutions, has determined that Douglas N. Higgins, Inc. is the lowest, qualified and responsive bidder and recommends awarding the contract to Douglas N. Higgins, Inc. in the amount of $4,369,400 (see attached letter). On September 27, 2005, as Agenda Item 16 (C) 14, the Board approved Contract 05- 3785 with HDR Inc. for Fixed Term Utility Engineering Services. Work Order HDR-FT- 3785- Agenda Item NO.1 OH March 28, 2006 Executive Summary Page 2 of 14 Reclaimed Water ASR -SRF Funding Page 2 06-05 in the amount of $167,800 (time & materials, not to exceed) will be issued to HDR, Inc. to provide resident site inspection during the construction phase of this project. Staff reviewed the estimated costs and they appear to be fair and reasonable, On May 10, 2005, Agenda Item 8E, the Board approved a Resolution authorizing the submission of an SRF Loan Application; and adopted the document titled "Collier County Aquifer Storage and Recovery Facilities Plan, March, 2005" that allowed Collier County to avail itself of low-interest State Revolving Fund (SRF) funds, The Florida Department of Environmental Protection (FDEP) has added this project to the Fiscal Year 2006 fundable portion of the State Revolving Fund priority list as a result of the January 11, 2006 Public Hearing held by the Department. This conditional contract award to Douglas N, Higgins, Inc., in the amount of$4,369,400 is subject to FDEP approval and authorization for the Board to award and execute the subject construction contract as required by provisions ofthe low-interest rate SRF Loan, which will fund this project. SRF Loan funds are expected to be the pennanent financing source for this project. The next steps in the loan process include Board approval of a resolution approving the final SRF loan application and authorization to execute a loan agreement, and additional services for Angie Brewer & Associates, L.c., required by this loan for bidding through construction and loan closeout. The Clerk of Courts Finance and Accounting Department has reviewed the information contained in this Executive Summary and the corresponding attachments. FISCAL IMPACT: Partial funding is available in Fund 414 User Fees, Project 74030, and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. A Budget Amendment is needed to transfer funds from Reserves to Project 74030. This Project will be funded by a low-interest rate SRF Loan as the permanent financing mechanism. GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. .- RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Conditionally Award Contract 06-3924 to Douglas N. Higgins, in the amount of $4,369,400. 2, Authorize the chairman to execute the standard construction contract after review by County Attorney. 3, Approve Work Order HDR-FT-3785-06-05 to HDR Inc" in the amount of $167,800, 4. Authorize the County Manager or his designee to execute the approved Work Order after approval by the County Attorney's office. 5. Approve the necessary budget amendment. Prepared by: Alicia Abbott, Project Manager, Public Utilities Engineering, Item Number: Item Summary: Meeting Date: Agenda Item NO.1 OH March 28. 2006 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H Recommendation to award Contract 06~3924 to Douglas N Higgins Inc., in the amount of $4,369.400, for the construction of a Reclaimed Water Aquifer Storage and Recovery Syslem. approve Work Order HDR-FT .3785~06 under Contract 05.37B5 wIth HDR Inc. for consiruction engineering inspection services, in the amount of $167,800, and approve the necessary budget amendment for Project 74030. (Jim DeLany, Administrator, Public Utilities) 3128/20069:00'00 AM Project Manager Date Prepared By Alicia Abbott. e,!. Public Utilities Public Utilities Engineering 2117/2006 5:04:44 PM Purch~sing Agent Oa.. Approved By Jack p, Curran Administrative Services Purchasing 2124/20064:20 PM Principal Project Manager Oal. Approved By William D. Mullin. PE Public Utilitie-s Public Utilities Enginl:!E'ring 2/28/2006 8:2J AM AcquisItion Manager Date Approved By Mi ke Hauer Admtnl$trativo Services Purchasing 212812006 8:51 AM Roy B. Anderson, P,E. Public Utilities Engineering Director Date- Approved By Public Utilities Public Utilities Engineering 3/2/20068:56 AM Approved By Thomas Wldes Public Utilitias Oper.Jtions Director Date Public Utilitins OperAtions 3/2f20(l6 10:58 AM Intarim WasteWater Director Date Approved B~y G. George Yilmaz Public Utilities WasteWater 3/212006 6:01 PM Steve Carne-II Purchasing/General SVCG Director Date Approved By Administrative Services Purchasing 31312006 6:44 AM Approved By MariS3 Garcia Public Utilities Operations Analyst Date WasteWater 3/312006 1 :32 PM Public UtilitisF. Administrator Date Approved By James W. DeLany Public UlUltie!l. Public: Utilities Administration 3113/200611 :38 AM Administrative- Assistant Date Approved By OMB Coordinator County Managor's Office Office of Management & Budget :.1/15/20068:26 AM Senior Management/Budget Analyst Date Approved By Susan USMr County Manager's Office Office of Management & Budget 312012006 3:29 PM Michael Smykowski Manageml'ot 8. Budget Director Date Approved By County Manager's Office Office of Management & Budget 3/2Q/2006 5:00 PM Leo E. Ochs. Jr. Deputy County Managar Date Approved By Board of County Commissioners County Manager's Office 3f21/2006 1:48 PM Agenda Item No. 10H March 28, 2006 Page 4 of 14 WORK ORDER 3 - HDR, Inc. Collier County Utility Engineering Construction Engineering and Inspection Services Reclaimed Water Aquifer Storage and Recovery Project THIS TASK ORDER IS ISSUED PURSUANT TO THE PROVISIONS OF "FIXED TERM UTILITY ENGINEERING SERVlCES- CONTRACT 05.3785" DATED SEPTEMBER 12, 2005 BETWEEN THE COUNTY OF COllIER COUNTY, FLORIDA AND HDR, INC., WHICH IS INCORPORATED HEREIN BY THIS REFERENCE. Article A. Purpose: The purpose of Work Order 3 (WO 3) is to authorize and direct CONSULTANT (HDR, Inc.) to proceed with construction engineering and inspection (CEI) services as outlined in the Scope of Services (Article B) for the new Reclaimed Water Aquifer Storage and Recovery (ASR) project (the Project). Article B. Scope of Services: The specific work tasks that the COUNTY authorizes the CONSULTANT to furnish as part of this WO 3 are presented in the following table. Work Task Number Task Description 1 On-Site Construction Engineerin~ and Observation 2 Post-Construction Activities ~ The specific services that the COUNTY authorizes the CONSULTANT to furnish as part of this WO 3 are presented below. Work Task 1. On-Site Construction Engineering and Inspection The CONSULTANT will provide on-site CEI services in support of the Project execution, including detailed construction observation. The Project design was completed by others under direction of the COUNTY. As such, the CONSULTANT understands that the COUNTY will retain the services of its existing Project Design Engineer to provide routine construction administration services for the PROJECT. The CONSULTANT will not be responsible for construction administration activities, which include but are not limited to shop drawing review. responding to Contractor- prepared Requests for Information (RFIs), record drawing preparation, and the like. However, as part of the CEI services, the CONSULTANT will be fully informed of the content of the design drawings and specifications, shall review and be familiar with the content of approved shop drawings and the resolution of RFIs, conduct monthly progress meetings, review monthly pay applications, review progress schedules, review potential change orders, and shall support the COUNlY'S Design Engineer in its preparation of the record drawings. The CONSULT ANT will provide services necessary to document that the Project is constructed in reasonable conformity with the plans, specifications and contract provisions. Age~~ COWER COUNTY UTILITY ENG . rp, The CONSULTANT will be present the Project during construction to observe that the materials and methods used by the Contractor conform to the specifications and as designated on the plans. The CONSULTANT will keep detailed records of the Contractor's daily operations and significant events that affect the work, and advise the COUNfY of omissions, substitutions, defects and deficiencies noted in the work of the Contractor and note the corrective action taken in daily and weekly Progress Reports. The work provided by the CONSULTANT shall, in no way, relieve the Contractor of responsibility for the satisfactory performance of the construction contract. The CONSULTANT'S inspection services are not intended to be exhaustive or to extend to every aspect of the work in progress or to involve detailed inspections of the work beyond the responsibilities of the CONSULTANT. The intent of these services is to observe in general if the work is proceeding in accordance with the Contract Documents, and to keep the COUNfY informed of the progress and potential problems of the work. The CONSULTANT shall not be authorized to supervise, direct or have control over the Contractor's work or for any failure of the Contractor to comply with laws applicable to Contractor's work performance. Accordingly, the CONSULTANT neither guarantees the performance of the Contractor nor assumes responsibility for any failure on the part of the Contractor to furnish and perform its work in accordance with the Contract Documents. Services are based on a 270 calendar-day construction period, For purposes of estimating fees for the eEl services, the CONSULTANT will provide three (3) days per week of full-time observation for the first and last month of construction; for the second month through the eighth month the CONSULTANT will provide five (5) days per week of full-time observation. The CONSULTANT will attend the monthly progress meetings, and weekly coordination meetings to be conducted by the Contractor. Work Task 2. Post Construction Activities Upon completion of construction activities, the CONSULTANT shall provide support to the COUNTY'S Design Engineer in their preparation of project close-out documents, e.g., Record Drawings based on Contractor's II as-built" drawing mark-ups, completion certifications in accordance with permitting agencies' conditions, etc. The CONSULTANT will not be responsible for start-up services (other than coordination and tracking status and completion) or for submittal/ signage of the Florida Department of Environmental Protections certification form. CONSULT ANT shall conduct substantial completion walkthrough, assist with developing a detailed punch-list of outstanding issues, conduct final inspection and assist with close-out activities. Article C. Compensation Provisions: The fee estimate was developed on the basis of construction work to be completed within a 9- month timeframe. and conducted during normal working hours Monday through Friday, Additional time required for the Contractor to complete the work may cause additional CEI time. The CONSULTANT shall inform the COUNfY whenever added time is being requested from the Contractor, and shall request and receive approval from the COUNTY for additional compensation prior to performing any additional services. 2 !' . Age~ COlLIER COUNTY UTILITY As compensation for providing the services described within this WO 3, the COUNTY shall pay CONSULT ANT in accordance with the provisions of Contract 05-3785. The Project fees will be billed on a time-and-materials basis with a not-to-exceed amount as summarized below: . Work Task Description Exoenses ($) Labor Fee ($) Total ($) lOn-Site Construction Observation 4,000 156,800 160,800 2. Post-Construction Activities 1,000 6,000 7,000 Total 5,000 162,800 167,800 CONSULTANT will keep the COUNTY informed of progress so that the budget and/ or work effort can be adjusted if necessary. Article D. Period of Service: The CONSULT ANT shall perform its services during the period of project construction, as required. It is assumed that construction will begin on or about April 1, 2006 and be complete on or about December 31, 2006. The CONSULT ANT will be engaged before or after these dates as deemed necessary by the COUNTY. Article E. Authorization: For COUNTY by: For the CONSULT ANT by: ~3/ ". 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U oen iii ~ g o ::J E OJ Q: ., uu::> E ;5 .g en 0 (ijX"O Q: ~ ;:,~ ~t? ~ <1l c ~I.~ ti ., -'" ., iii '0 Qj ., == c ~ -0 '0 in ~ Q.Q. ijj 0<( ~~~ I- Water Resource Solutions 428 Pine Island Road SW, Cape Coral, Florida Agenda Item No.1 OH March 28, 2006 Page 11 of 14 2395741919 Fax2395748106 ~- February 25, 2006 Alicia Abbott Project Manager Collier County PUED 3301 East Tamiami Trail Naples, FL 34112 RE: Reclaimed Water ASR Bid Review Dear Alicia: The results of a comparison of the low bid and the engineers estimate along with our comments are shown on the attached spreadsheet. There are a number of issues that we believe have affected the pricing of the work, which I will itemize below: Drillinq One item that we know affected prices of drilling was a recent discovery that the fiberglass well casing specified has failed to pass pressure tests on two instances involving injection/ASR wells, Although the casing is rated for that pressure, and is commonly used on production wells that don't require such tests, it is our understanding that all drilling companies proposed an alternate casing. The alternate casing is considerably more expensive. The added risk for installation of this type of casing could be responsible for the cost difference. Also, there has been a large increase in fiberglass prices due to shortages after the hurricanes. We would recommend that an additional allowance of $120,000 be included since this issue was not known at the time of estimating prices. Electrical The electrical cost estimate was based on an estimate done in October of 2004 of $309,925 without general contractor overhead and profit of 15%. The GC markup would bring the cost of that work to $356,413. Since that time, there has been substantial escalation of copper (wire), PVC conduit costs, and labor has costs. The recent hurricanes accelerated the escalation and caused a doubling of PVC almost overnight. Also the bidding environment in Collier County has seen an increasing lack of competition in the electrical construction area. A new review of costs in light of the current condition brings the total electrical cost opinion to $546,250. Addendum Number 1 The engineers estimate did not include the costs added by Addendum #1, which covered all of the work in the preserve area. Formerly that work was thought to be the responsibility of the County. 1 Agenda Item No. 10H March 28, 2006 Page 12 of 14 Other Items The construction industry has witnessed severe price increases in PVC, concrete and steel costs over the last 6 months. We have seen costs increase 25-50% on most project bids. Labor costs have also risen greatly. Although we accounted for some of these increases in our estimate, it is difficult to pinpoint the true impacts until bidding. Also, the cost of general contractor markup and bonds was not included in the original estimate. Looking at the bid review spreadsheet you will notice that we have now revised our engineer's estimate to include the general contractor's markup where appropriate and the credits for drilling and the addendum, If the contingency is included, the resulting difference between the low bid and the bid estimate is about $165,646 or 4 percent. In summary, the bidding for this work appeared to be reasonably competitive. Among the four bidders, the low bidder was approximately 8 percent below the next higher bid; however, the low bid was significantly lower than the two remaining bidders. Considering that construction costs in the region have risen steeply within the last several months and the amount of similar type work available is great, we do not believe that a rebid of the project will result in any significant cost reduction. For this reason we recommend that the project be awarded to the low bidder. If you would like to discuss any of these issues further, please give me a call. Sincerely, lip Lloyd E. Horvath, P. E. Principal Engineer 2 I(.O~ 00"-- ~- o C") "- I.. ---..J -.:- E.cQJ QJ(,)OJ _......ro -roo... .{g2 c (]) OJ <1: m ::: 0- m () :;[ ::; ~ I >- ' .... ~ (1) > o u (1) ex: "C s::: m (1) C) m ~ o - CJ) ~ ~ ::s C" <( ~I ~~L >- ... ~ (1) - m 3: "C (1) E .- .! u (1) ex: (1) E m Z - u (1) '0' ~ a. ... 0"'" I~~=.~' .... ... o .~''''!. o .... ... o "'" ... o U)I'H_"~"'<"" o 0 ~I _.~~ .... ... o ~ o ._'"" ... 5 N ... 5 CO? 5 CO? ... o N ... 5 .... ... o .._"'!' o CO? ... 5 N ... o .... ... 5 - VI o U I- Z W > W CCI o c ;e 'c III 0 'S N crQl U III <C :J "" C C I'Cl I'Cl ...1...1 ~ z 0 0 ~ ..,. 0 0 ..,. .... 0 ..,. .... ..,. 0 .,.; N ~ III "" 0 0 N.. M N co ... -i ... .n ... ... ... :;:'-CI .- c E .- i. ~ g QI " .- Cl.llltl ........QI:J Cui. CI.- .... 'in ~ ~ QI QI 0 OU)u C o .. U :J i. .... III C o U ..: ].... .... III I'Cl C _00 fUco C .... I'Cl gj I o U QI -.- III U. ~ I'Cl D::QI.c U) III C o ~ QI Cl. III C 1-4 QI .... iii .... -QI I'Cl CI ...." o :J "'co "t:tl QI QI i. ..... i. 0 :J i. UCl. WORK ORDER #3 HDR-FT-3785-06-05 Agreement for Professional Engineering Services Contract #05-3785, Dated September 12, 2005 Agenda Item NO.1 OH March 28, 2006 Page 14 of 14 This Work Order is for professional engineering services for work known as: Project: Reclaimed Water Aquifer Storage & Recovery Project - CEI Services The work is specified in the proposal dated February 2, 2006 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 # HDR-FT-3785-~5is assigned to HDR Engineering, Inc. (HDR). Scope of Work: HDR will provide on-site CEI services in support of the Project execution, including detailed on-site inspection as described in the attached scope of work. HDR will provide services necessary to document that the Project is constructed in reasonable conformity with the plans, specifications and contract provisions. Task I: On-Site Construction Observation Task II: Miscellaneous expenses .l Schedule of Work: Complete work within 365 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amounts indicated in the schedule below (if a task is time and material, so indicate and use the negotiated hourly rate(s) as enumerated in the attached proposal). Task I: Task II: Total: $162,800 $ 5.000 $167,800 Time & Materials Time & Materials Time & Materials Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged in accordance with Contract 05-3785 dated September 12, 2005. PREPARED BY: ~\J~\.Q ~ Alicia Abbott, PUED, Project Manager ,;2.. - ?~~ ufo Date APPROVED BY: James W. DeLony, P.E., Public Utilities Administrator Date Approved as to Form and Legal SUffiCie~y, ] /~>J-<rlP ,.,-/ Om lw.-..- lssistant County Attorney ACCEPTED BY: Witnesses (2) SLv.>~ CY~ /~9~ Date: ;2- 3 .-u c;. By: -;:E? /-:?~~ Fund: 414 CC:263614 G/L Account:63 1400 Project Number:74030 EXECUTIVE SUMMARY Agenda Item No. 12A March 28, 2006 Page 1 of 4 Recommendation that the Board of County Commissioners adopt a Resolution providing guidelines for consideration of applicants for appointment to Advisory Committees, and Superseding Resolution No. 94-136. OBJECTIVE: To approve a resolution to amend the County's guidelines for considering applicants for appointment to advisory committees, and superseding, in it entirety, Resolution No. 94-136. - CONSIDERATIONS: On March 1, 1994, the Board of County Commissioners adopted Resolution No. 94-136 to establish guidelines for advisory committees to recommend applicants to the Board of County Commissioners ("Board") for appointment to their committees. On December 13, 2005, the Board discussed amendments to this Resolution, specifically requesting that, if feasible, applicants may appear before the advisory committees for consideration of approval and recommendation to the Board. The purpose of this process is to further ensure that the applicants seeking appointment meet the qualifications for the advisory committee positions they intend to fill. In addition, the Board desires to receive recommendations from all non-quasi-judicial advisory committees. All quasi- judicial advisory committees are exempt from providing recommendations to the Board relating to appointment and reappointment of members. On January 24, 2006, the Board agreed to allow for an exception for submission of recommendations of applicants for board appointment when a committee is unable to reach a quorum. A time extension for committee recommendations has also been included to assist the advisory committees with meeting the goals established in this Resolution. The Resolution provides for such extensions of time to be made by the Board's coordinator for all advisory committees. In addition, staff liaisons for all committees shall be required to include attendance schedules for prior terms of all applicants seeking reappointment. FISCAL IMPACT: NONE. GROWTH MANAGEMENT IMPACT: NONE. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution establishing guidelines for appointments of members to advisory committees and superseding Resolution No. 94-136 in its entirety. - Prepared by: David C. Weigel, County Attorney Agenda Ilem No. 12A March 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12A Tl1is item was continued from the January 24, 2006 BCe Meeting and was further conHnued from the February 14,2006 Bce Meeting to the Marct128, 2006 Bee Meeting Recommendation that the Board of County Commissioners adopt a Resolution Superseding Resolution No. 94-136. and providing guidelines fOf consideration 01 applicants for appointment 10 Advisory Boards Meeting Date: 3/28/2006 9'00:00 AM Prepared By Kay Nell, CLA Legal Assistant Date County Attorney County Attorney Office 11111200611 :59:32 AM Approved B~' David c. W~1gel County Aliorney Date County Attorney County Attomey Office 1111120064:12 PM Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Qff'ice 1111120064:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/16/2006 1 :20 PM Agenda Item No. 12A March 28, 2006 Page 3 of 4 RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ADOPT A FORMAL POLICY ESTABLISHING GUIDELINES FOR RECEIVING RECOMMEN- DATIONS FOR APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO ADVISORY COMMITTEES; AND TO SUPERSEDE RESOLUTION NO. 94-136. WHEREAS, on March IT 1994, the Board of County Commissioners adopted Resolution No. 94-136 to provide guidelines and procedures for appointing and reappointing members to advisory committees; and WHEREAS, on December 13, 2005, the Board of County Commissioners requested revisions to these guidelines to assure they are receiving the best qualified candidates for appointment as recommended by their advisory committees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the gUidelines set forth below are hereby established for the Board of County Commissioners ("Board") for receipt and acceptance of recommendations from the various advisory committees. 1. Advisory committees shall be allocated 41 days after notification from the Board's office to submit in writing their recommendations to the Board for the appointment or reapPOintment of members. If an advisory committee cannot achieve a quorum within the 41-day time period referenced above, upon submission of notice to the Board the deadline for submission of recommendations by the advisory committee may be extended by the Board's coordinator to all advisory committees, All quasi- judicial advisory committees are exempt from the requirements of providing recommendations for appointments or reappointments to the Board but shall adhere to the guidelines contained in paragraphs 2 and 4, where such guidelines are applicable to all committees, 2. During this time period, the County staff liaison for each advisory committee shall initially review the categories of applicants in areas of expertise to assure that the applicants possess the minimum requirements for the positions they are seeking. Non- quasi-judicial advisory committees may interview such applicants at a scheduled public meeting. 3. Except where a non-quasi-judicial advisory committee is unable to reach a quorum, all non-quasi judicial advisory committees shall consider all applicants and shall determine by a majority vote of the quorum which applicant(s) meets the prerequisites for appointment or reappointment to such committee. 4. The liaison for an adviSOry committee shall provide the Board with attendance records of all applicants seeking reappointment to such committee. Agenda Item No. 12A March 28, 2006 Page 4 of 4 BE IT FURTHER RESOLVED BY iHE BOARD OF COUN1Y COMMISSIONERS that this Resolution supersedes Resolution No. 94-136 in its entirety. This Resolution adopted after motion, second and majority vote. DATED: March 28T 2006 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNIY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: FRANK HALAS, Chairman Approved as to form and legal sufficiency: ~db.~d~ David C. Weigel County Attorney Agenda Item No. 12B March 28, 2006 Page 1 of 10 Executive SUmmary Recommendation that the Board of County Commissioners approve a mediated settlement providing for the purchase of the remainder property, full compensation for the acquisition of Parcel 178, and attorney's fees in the case styled Collier County v. Teodoro Gimenez, et al., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051). (Total Fiscal Impact: $1,534,876) OBJECTIVE: That the Board of County Commissioners approve a proposed mediated settlement providing for the purchase of the entire Parent Tract owned by Respondent, Ross W. McIntosh, Trustee, and payment of attorney's fees in resolution of the condemnation of Parcel 178 in Collier County v. Teodoro Gimenez, et a!., Case No. 04-0561-CA, for a total sum of $2,434,376 and approve payment of costs in the amount of $17,700. CONSIDERATIONS: Collier County filed a condemnation action and acquired title to Parcel 178 (2.73 acres) after depositing the sum of$917,200 in accordance with the Order of Taking entered on June 29, 2004. The property from which Parcel 178 was acquired was a 6,62 acre parcel located on the comer of Vanderbilt Beach Road and Collier Boulevard and the sole parcel comprising the Commercial Western Estates Infill Subdistrict. This subdistrict allows for commercial uses and specifically permits 41,490 square feet of gross leasable area for office, medical and/or financial institution. As a result of the acquisition of Parcel 178 for road right-of-way, the Parent Tract was reduced to a remainder of 3.89 acres. Because of the numerous and specific requirements for development set forth in the Subdistrict, appraisers for both sides concluded that the remainder would be damaged as a result of the taking. In addition, the property was restricted to ingress (right-in-only) from eastbound Vanderbilt Beach Road and egress (right-out-only) onto southbound Collier Blvd. The property owner claimed a substantial severance damage of $729,000 based on the limitations of access and loss of developable area, and claimed a land value for the parcel taken at $10 a square foot. This, along with statutory interest through verdict, amounted to a claim for total compensation of $2,037,977. An aerial photo of the property is attached as well as drawings showing the taking. This matter is set for a 5-day trial in August and was mediated pursuant to court order. A settlement was reached at mediation that provides for the purchase by the County of the entire property at $8 a square foot for a total of $2,309,376. (A copy of the Stipulation of the Parties is attached.) In addition the parties negotiated an attorney's fee of$125,000 based on a benefit of$426,537, Some additional defense costs have been negotiated with the owner and are included below for this Board's approval. It should be noted that appraisal and engineering witness fees still remain, The total for the entire Parent Tract, including Parcel 178, attorney's fees and defense costs included herein is $2,452,076 and would be offset by the County's deposit of $917,200, so that the fiscal impact to the County, if approved, is $1,534,876. See breakout below. ,- Staff has identified some potential uses of the property which may include a one-acre Estates lot owned by the County adjacent to the property. One such use is the excavation offill material. Staff estimates that by using a portion of the remainder property for the excavation of fill material for the Collier Boulevard road project, $800,000 in construction costs could be saved. A second potential use would be affordable housing; however this use would require a plan amendment and re-zoning ofthe property. In the event the County later determines that the property can not or should not be used for either purpose, the property can be surplused and sold as commercial property. Prior to Agenda Item No. 128 March 28, 2006 Page 2 of 10 sale, staff recommends amending the Growth Management Plan to include the County-owned parcel to the south in the Subdistrict. Its inclusion makes sense from a planning perspective and restores some of the land area lost as a result of the taking, thereby more closely resembling the property existing at the time the Subdistrict was created. Staff considered the following factors in reaching this proposal and believes this to be a reasonable settlement for the County: 1. Tota] exposure in litigation, including attorney's fees and property owner's defense costs estimated at $2,464,101 (compensation of$1,917,000, attorney's fees of$317,125, costs of $100,000, statutory interest of $120,000). 2. County's potentia] costs of litigation including expert fess, court reporting fees, discovery costs, etc" estimated at $75,000--$90,000. 3. Current market value of the remainder property estimated by our appraiser at $8 SF. Two appraisal opinions that the value of the property before the taking ranged between $7 and $10 SF. 4. Ability to use this property in conjunction with a County-owned Estates lot immediately to the south, thereby increasing its value. 5. Potentia] uses of the property and the value resulting from such uses, 6, Abi]ity to sell property without loss, in the event the County later decides to surplus the property. lfthe Board approves, County will have to pay the following costs: Additional Compensation $ 1,392,176,00 Attorney's Fees $ 125,000.00 Planning Fees $ 12,000.00 Defense Costs $ 5,700.00 TOTAL: $ 1,534,876.00 In light of the foregoing considerations, staff believes acqumng the remainder property is a reasonable solution for both the County and the property owner and recommends approval of this settlement. In short, County dollars of$2,309,376 will be spent acquiring not only the right-of-way required for the road project, but also 3.897 acres of land, an asset that can be used for County purposes, or sold, as the County deems appropriate, as opposed to spending $2,037,977 on just the right-of-way required for the road project (and interest), and incurring additional litigation costs in the event of an adverse jury verdict. FISCAL IMPACT: Funds in the amount of $1,534,876 are available in the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: There is no growth management associated with this Executive Summary. - Agenda Item No. 128 March 28, 2006 Page 3 of 1 0 RECOMMENDATION: That the Board of County Commissioners: 1, Approve the proposed settlement as contained in the Stipulation of the Parties; 2. Approve payment of expert fees and costs in the amount of$17,700.00 to Brian P. Patchen, Trust Account; 3. Authorize staff to proceed with the acquisition of good and marketable title to the remainder tract from Ross W. McIntosh, Trustee, either through closing or a stipulated final judgment, and to take all steps necessary to effectuate the agreement between the parties including the acceptance and recording of the deed to the property; and 4, Approve the expenditure of funds as stated, PREPARED BY: Ellen T. Chadwell, Assistant County Attorney - Item Number: Item Summary: Meeting Date: Agenda Item No. 12B March 28, 2006 Page 4 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 12B Recommendation that the Board of County Commissioners approve a mediated settlement providing for the purchatle nf the remainder property, full compensation for the acquisition of Parcel 178. and attorneys fees in the case styled Collier Counly II. Teodoro Gimenez, al a!., Case No_ 04R0561.CA (VanderbiH Beach Road Prajee! #63051). (Total Fiscal Impact. $1534,876) 312BI2006 9:00:00 AM Assistant County Attorney Dato Prepared By Ellen T, Chadwell County Attorney County Attorney Offiu 3/1012006 3:50:20 PM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TECM.ROW 3(13/2006 4 :43 PM Najeh Ahmad Director Date Approved By Transportation Services Transportation Engineering & Construction Management 3'1412006 8:4B AM Norm E. Feder. AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 3f'!4!2006 9:37 AM Approved By ManagementfBudget Analyst Date Lisa Taylor Transportation Services Transportation Administration 3/14r2006 11:15 AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Trans.portation Services Admin 3/14/20062:17 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 3/1612006 3:41 PM OMB Coordinator Administrative- Assistant Date Approved By County Manager's Office Office ot Manage-ment & Budget 3117/20068:04 AM Michael Smykowski Managoment & Budgel. Dire-ctor Date Approved B)' County Manager's Office Office of Mana-gement & Budget 3117/200610:56 AM James V. Mudd County Manager Datft Approved By Board of County Commissiooers County Manager's Office 3/17/2006 4:04 PM Agenda Item No. 12B March 28,2006 Page 5 of 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR COLLIER COUNTY, FLORIDA CASE NO. 04-0561 CA COLLIER OUNTY, etc., Petitioner, v. PARCEL 178 TEODORO GIMENEZ, et al. Defendants. ***************************************** STIPULATION OF THE PARTIES Pursuant to the Mediation Conference held on the 24th day of February 2006, the parties have agreed to abide by the following: I~ ~~ ~ -~ I , n.er-: \J.Jl ~~~~ D~ Ress\\WL~L\ ~k) rtA-~',s . ~~~-+:::-~~~7~~ 5~ll~~" ~~+w. -tc.. ~ C~~+ ~r1"2t7O, .h~e.- ~~ 0eA.5<~ q.~--tt: 0 - . T Cir ~ce1 t;~ l~ C7~c:;, et:h,-\& f~~~ . . 3 ~c, - - Wl t ( r.eseltlC- J~J.j;d-~-d:Q awr1r-rl ~ ~ 0f'-/ "5~ ~~ .f:'82-S ~ Se,*lOC"l.s'7 . oq I 7 '3, Oil:i:( ?. '))19.. 4dr L{I '11us 1b~~\SS~iJ~~1,r ~-~ 4k-~,-er-G~ ~~~~GM.f'<.I$s~ .5 tA.M-- :k~ Agenda Item No. 128 March 28. 2006 Page 6 of 10 ~CIITIQI\I At-In TJ,./A-~-T-H~'li-:~l JtJ{iC}~L ~ V- e;~_~ ELLEN CHADWELL, ESQUIRE Office of the County Attorney 3301 East Tamlami Trail Naples, FI . a 34112 Attorne 0 P. . e 239..7 BRIAN P. P TCHEN, E QUIRE 1000 Brickell Avenue, Suite 1112 Miami, Florida 33131 Attorney for Defendant 305-372-1112 ~~ DEFENDANT ~ t..O H ..~~ :-\A>:STee.: P~NTNAME . 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" I 'I co N , 2 j 0) <( '-I '1 I 1 :J ] "1 ] ] .J J J J .J J l to. . t; Q It; I 0 ~ ~ ..- --z- ~ ~ - ~ 0 ~:.. I -0) ~ &;:S OJ ~ ~ 0) ro ~ ~Q !lof 0... f:;( ~ tt'" ~ ~~ <oj tj ~ l!H ~ ~ ~ ai "l --~ --I -.! iL!~ ~ I:i dl ~ !~I i" I". ill ~ IE !n =~ I c::r L______________ CCK.lJEk DO\UV^"D (C.L"" EXUTINQ IClTI~' ~!< "'ll ~; j~ ~1:i > !J ~ ~ 9 E 10 < !l !l a...~ 9 hi .2 .. ~ ~ ~ I ~ r.o ~a!~~ Ii l,' Melf- i! ; ~ ~B ! I; t l: II ~ ~ ~ ; t ~ ~ ~ l; ~ 9. l : 1 i ! I I~ = .. ~ i!~~ ~f ~ ~i o;~ "" '" ~ ~~t: <~g il~~ ....- ~I~U ~~U e ~ ~'" r;;~ !!'" ~ii~ ~ R~~ ~ liie. ,,:;' ::~'" u" I~~~ Isn l5~iil ::.;~ !ll1!:i5 nu!j! I::t:Lr ~~!l Rsr-' ~,.af jlS:;! e~:;! a: !!~g ~O~ ; r- :rr.... -'as+5oC.'17 t:FFOC:I: :rcUOO L roCOO pLQiP r "'-0i~ E..c (j) (j)C,)OJ ......'-CI:l - ell 0.. .g;:2 c (j) OJ <( EAST r----------~---------~---------, I I J I 1 I I I 1 I I J 1 T I I .'1 1 I I I I I 1 1 ~:1n-""l: I Sf'" ..,.,...c:r.:r.r . . ~ P'X.""I.~ ._----------~-----------------~ SUBJECT PROPERTY SHOWING PART TAKEN AND REMAlNDER I , PI SUo.. ~ .cT7+!l3..1::l l- Oolla = S- 48' :m- (t.J') D "" cr "s 00" r - 3lS7..53 C - n<(.:3!l l!. " 7.lOS.+4 I'C Sl"A. '" 4l't+DSUiD P1 s:rA. '" OIo+-7S..9S .1 I I I I I. 1 I- I I I I I T I ~ ----- ~~NDERBIL T l;3EACH ROAD EXISTING R.O.W. n -. cn"'~ ! 105 3: 3:: . "-:.. 0 a: a:: ..J '<( 0 Z Q,- <( ..-- 0 C) >- Z t"- I-:- Z U'J, ::::J X 0 W U ,I' oc. w ..-- ..J [[) ..J en 0 U 0.::: U I '1 l-:~------------, . 104 I I I ' t.:...~___.____=-___"ro-"':________~__ . ( srk- -=+OCi..:D 1 t1FF'!il1:I: ~':I:S..n'll 1 J I I I I . L.._.__.______.____-'.,___.______ I I GOLDEN GA PLA T Be TATES UNIT 2 PAGE 75 \06 sr"'~= ~ lr44.c:! It ---------------~--~------------------------- 1 ~ ---------------~----------------------------- i ~ <--= '--..-r--- _ I . lll"f'SU; 731= It ______ I -------~-------T------------------~-~~~~-~--i ! ~ I I I r I 1 1 1 r I t~=============: f--------------- ~NI,:;.c: 26 EAST I l I. I r 1 107 Agenda Item No. 13A March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2005. OBJECTIVE: Presentation of the comprehensive annual financial report for the fiscal year ended September 30, 2005. CONSIDERATIONS: The Clerk of the Circuit Court serving in the capacity as Ex-Officio Clerk to the Board of County Commissioners is responsible for coordination of the annual independent audit along with the production of the comprehensive annual financial report (CAFR). In this role, the Clerk is pleased to present to the Board the comprehensive annual financial report for the fiscal year ended September 30, 2005, which includes the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended September 30, 2004. The comprehensive annual financial report (CAFR) represents a significant investment of effort by both the Finance and Accounting Department and County staff. We would like to express our sincere appreciation to KPMG LLP, the Board, the other Constitutional Officers, the County Manager, the County Attorney, the Division Administrators and the Department Directors, not only for their assistance with the CAFR, but for their cooperation throughout the year in matters pertaining to the financial affairs of Collier County. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. LEGAL CONSIDERATIONS: There are no legal considerations outside the requirement to have an annual audit. FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: That the Collier County Board of County Commissioners accept the comprehensive annual financial report for the period ended September 30, 2005. Prepared By: ( Date: 'Z-",,/~ Date:~ J ~ ( 2.()o,=, I - Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1:JA Agenda Item No. 13A March 28. 2006 Page 2 of 2 This item to be heard at 10:00 a.m. Presentatlon of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2005 A copy of the 2005 Comprehensive Annual Financial Report has been given to each Comrmssioner. A copy is available for viewing at the Clerk of the Circuit Court's Finance and Accounting Office 3128/20069.00:00 AM Approved By Jam% V. Mudd Board of County Commissioners County Manager Dat. County Manager's. Office 3/3120067:01 PM Agenda Item No. 16A1 March 28, 2006 Page 1 of 4 ,"-'" EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Six" OBJECTIVE: To approve for recording the final plat of "Pine Air Lakes Unit Six", a subdivision of lands located in Section 11, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERA TIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pine Air Lakes Unit Six". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no required subdivision improvements associated with this plat. Engineering Services Department recommends that the final plat of "Pine Air Lakes Unit Six" be approved for recording. FISCAL IMPACT: -- The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $1035.00 plat review fee GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. -- Agenda Item No. 16A1 March 28, 2006 Page 2 of 4 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDA TION: That the Board of County Commissioners approve the Final Plat of "Pine Air Lakes Unit Six" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16A1 March 28. 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation to approve for recording the final plat of Pine Air Lakes Unit Six. 3/26120069:00:00 AM Prepared By Senior Eng ineer Date John Houldsworth Community Development & Environmental Services Engineering Services 3/7/20066:50:49 AM Executive Aide to the BCe Date Approved By Sandra Lea Board of County Commissioners Bee Office 3/7/2006 8.47 AM Date Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Qel,/elopment & Environmental Services. Admin, 3/7/2006 12:28 PM coes Engineering Services Director Date Approved By Thomas E. Kuck. P.E. Community Developmont & Environmental Services COES Engineering Services 3171200612;57 PM OMS Coordinalor Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/1512006 B:28 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & E,wlronmenlal Services Adminstrator Date Community Development & Environmental Services Admin, 3115120067:39 PM Budget Analyst Date Approved By -- Mark Isackson County Manager's Office Office of ManagHment & Budget 3/16/20068:50 AM James V, Mudd County Manager Date Approved By Board of County Commissioners County Managers OffIce 3/1GJZ006 2.:19 PM ...-<.0"," <(0_ c.oOO ...-N"," OcO(1) ZN 0) ro E{5o.... (1).... _ro ~2 i:l c (1) 0) <( hn-:>) (NOM:)NfTlnd - .L~IY I;; ~ '" d ~\;; o~ ~~ ~~ ~~ i! . I~ Ii LNINGSTON RQ...o 7 "'i1i- ~~il ~ ~2- ~ ~ ;0; ~~ ~ is ~~ o~ (~... .sro '~1 tWWtlW.l ~ ~~ ~: % ~~i~ a.. ! <( <; ai ~ ~ !!- 0 w '" 0 UJ ~ ~ w ~ 0 I- " % - ii: (]M'W,^31noB S31d'iN CJ) L ~! . ~I TTV:lS 0110N I Z- - ~ :5 9:: ~ ~ ~ : <( UJ !U .3.1YlSl:l3J.Nl ;i:; ll. ~ il ~~B ~ ~ ~"'~ ~ ~ :!' x~ ! ~~ ~ ~ ~ ~ ~~ !2 a.. N I;;S ~ ~~ <( 5 ~- ~ ~ -I z 0 ~~:ill i!! - >-~ a; ~ ~ ~- g i u 0 ."'"'" ..J N N ~ N ht"S'I"1M:l1..vJWY.L Agenda Item No. 16A2 March 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Caldecott", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Caldecott", a subdivision of lands located in Section 21, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERA TIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Caldecott". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. .- Engineering Services Department recommends that the final plat of "Caldecott" be approved for recording. FISCAL IMPACT: The project cost is $759,308.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $177,742.67 - $581,565.33 The Security amount, equal to 110% of the project cost, is $835,238.80 The County will realize revenues as follows: ,.- Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $23,874.24 Agenda Item No. 16A2 March 28, 2006 Fees are based on a construction estimate of $759,308.00 and were paidFj~~,4 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,095.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 1,333.07 c) Drainage, Paving, Grading (.75% const. est.) - $ 4,361.74 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 3,999.21 e) Drainage, Paving, Grading(2.25%const.est.) - $13,085.22 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDA TION: That the Board of County Commissioners approve the Final Plat of "Caldecott" for recording with the following stipulations: 1. Approve the amount of $835,238.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: Agenda Item No 16A2 Marct! 28, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve for recording the final plat of Caldecott, approval of the standard form Constrllction and Maintenance Agreement and approval of the amount of the performance security 3/28/2006 9:00:UU AM Senior Engineer Date Prepared By John Houldsworth Community Development & Environmental Services Engineering Services 3/71200611:19:13 AM Constance A. Johnson Date Approved By Community Development & Environmental Sen/ices Operations A.nalyst Community Development & Environmental Services Admin. 3171200612;28 PM Apprond By Thomas E. Kuck, P.E. Community Development & Environmental Senrices CDES Engineering Services Director Date COES Englneoering Services 3n/2006 12:58 PM Sandra Lea Executive Aide to the Bee Date Approved By Board Of County Commissioners BCC Office 3/B12006 1 :52 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental SeNices Adminstrator Date Community Development & Environmental Services Admin, 3/8/20064:02 PM Administratiye Assistant Date Approved By OMB Coordinator County Manager's Office Office of Managfl'ment & Budget 3115/20D& 8:28 AM Mark Isackson Budget Analyst Da.te Approved By County Manager's Office Office of Management & Budget 3/15/20069:24 AM Approved By James V. Mudd Board of County Commissioners County Manager Pate County MBnsg06r's Office 3/161200611:59 AM NtO'<t <1::0- <.000 ..- N_ '<t ci ex) Q) ZN 0) CIl E-5o... Q)'- _CIl ~~ "0 C Q) 0) <1:: UJ I- en Z o w- ,=,< 000 9 a.. <( ~ nvos D.l iON / I:- u - UJ ~ t.) ~ ~ ~ m ~ ~ N n lA\;!d S~ '" n ~~ - i~ hg ~ ~ ~~ ~ . CD lf~...... ~ N~ C ;: -:.. ~i!: ~ ~ N IE! ~~~ z ~ '" ~! > n ~~~ '" ;: ~~~ bZ .0 ~.c:~ wQ -,!;;: 00 ~d .'""1100 g:g " ~~ :!~ ~m ~~ a.. ~~ CO ~~ ~do ~~ ~ <( ~c ~r ~~ ~ z~ ~ z, ~ 8 Z 0 - .. ~ N U 0 ...J !.~ ~~ ~ ~ 5 t!! F'~ ~ ~- 0 ~- ;;; ~ .., ;;25 ~~ ~~ CJ ~- ~~ ~ ;< Agenda Item No. 16A3 March 28, 2006 Page 1 of 3 "....- EXECUTIVE SUMMARY Recommendation to award RFP #05-3888 Development of a Final Management Plan for the Railhead Scrub Preserve, a Conservation Collier property, and a template for a Final Management Plan that can be applied to all Conservation Collier Preserves, at a cost of $38,821 to URS Corporation Southern. OBJECTIVE: To obtain consulting services for development of a Land Management Plan for the Railhead Scrub Preserve, a Conservation Collier property, and for development of a template for a Land Management Plan CONSIDERATION: As of March 2006, Conservation Collier has acquired 11 preserve properties, including one multi-parcel project. The Conservation Collier Ordinance, 2002-63, Section 14.2 states that a final management plan shall be prepared for each property that will: . Identify necessary management activities to protect and manage the resource, . Identify appropriate uses, and . Estimate annual management costs. ..- Another important use of management plans will be to seek grant funding from state and federal grant sources for: . Post acquisition funding partnerships, . Funding various management activities, and . Development of public access amenities. The Conservation Collier program is now beginning to focus on land management activities on acquired properties. Staff has not previously prepared management plans and is seeking the services of a consultant to assist with developing the first management plan for the Railhead Scrub Preserve. This plan will also serve as a template that can be used by staff to prepare subsequent management plans. Development of land management plans that are capable of meeting not only County but various state and federal grant funding agency requirements would require significant research and time that is not available considering Conservation Collier staffmg levels. Accordingly, staff developed a Request for Proposals (RFP) to select a qualified consultant to develop a Land Management Plan for the Railhead Scrub Preserve. The RFP was issued on September 9, 2005. One hundred and six (106) inquiries were sent, 23 vendors requested a package and responses were received from 3 firms on September 30, 2005. A selection committee was fonned according to standard Purchasing Procedures, which recommended the selection ofURS Corporation Southern. The selected consultant has over 50 years of experience in assisting state, federal, non-profits and private owners in developing conservation services and is currently assisting Miami-Dade County's Environmentally Endangered Lands (EEL) Program in preparing land management plans for 35 to 40 EEL sites. - FISCAL IMP ACT: Contract negotiations have been completed with URS Corporation Southern. Funds are available within the Conservation Collier Land Management Fund (174) to Agenda Item No. 16A3 March 28, 2006 Page 2 of 3 fund this contract. However, the current operating budget allocation is not sufficient to fund the development cost of the Management Plan; current projected needs for invasive exotic removal; and other management efforts anticipated during this fiscal year. Thus a budget amendment moving dollars from Fund (I 74) reserves in the amount of$38,800 is required. As a result of this budget amendment, current reserves totaling $5,57 I ,300 will be reduced to $5,532,500. Staff is preparing a Florida Communities Trust (FCT) grant application for the Railhead Scrub Preserve in 2006 and will seek to provide a management plan that meets all FCT requirements. Developing a professional template for management in the beginning ofthe Conservation Collier Program will save money in the long tenn by positioning the program to be compliant with various grants requirements and by avoiding a trial and error process in which grant funding would require amendments of existing plans. GROWTH MANAGEMENT IMPACT: Execution of the contract will support objectives of the Conservation and Coastal Management Element of the County Growth Management Plan that call for protection, conservation, management and appropriate use of the County's natural resources. LEGAL CONSIDERATION: The proposed contract has been reviewed and approved by the Purchasing Department and the County Attorney's Office for fonn and legal sufficiency. RECOMMENDATION: That the BCC approve award of contract 05-3888 to URS Corporation Southern in the amount of $38,82 I, authorize the Chairman to sign the standard, County Attorney approved contract and approve all necessary budget amendments. Prepared by: Alexandra Sulecki, Coordinator, Conservation Collier Program Item Number: Item Summary: Meeting Date: Agenda Item No. 16A3 March 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendalion to award RFP #05~3888 Development 01 a Final Management Plan for the Railhead Scrub Preserve, a Conservation Collier property, and a template for a Final Management Plan that can be applied to all Conservation Colher Preserves, at a cosl of $38,821 to URS Corporation Southern 312812006900:00 AM Se-nior Environmenral Specialist Date Prepared By Alexandra J. Sulecki Community Developmi'nt & Environmental Se~ices Environmental Services 3110120064:44:46 PM Linda Best Contracts Agent Dot. Approved By A.dministrative Services Purchasing 3(13120068:19 AM Approved By Kalsey Ward Adminis.trative S&rvices Senior Purchasing and ContractlO. Agent Date Purchasi ng 3113120063:56 PM Cheri Rollins Administrative Assistant Date Approved By Community Development & Environmental Services Environmental Services 3/13/20064:52 PM Approved By Date> Constance A, Johm;.on Operations Analyst 311.3/2006.$;55 PM Appro'\'cd By Community Development & Commu"lty Development & Environmental Services Environmental Services Admin, William D, Lorenz, Jr., P.E, Community Deveiopment & Environmental Services Environrnantal Services Director Date Environmental SGrvices 3.'14/2:00610:47 AM Sandra Lea Executive Aide to the BCe Date Approved By Board of County Commissioners. Bec Office 3f15J2D0611:15AM Joseph K. Schmitt Date Approved B~' Communily Development & Environmental SeIVico5 Community Development & Environrnent031 Services Adminstrator Community Development & Environmental SelVices Admin. 3J15'2006 7:46 PM OMS Coordinatnr Administrative Assistant Date Approved By County M.mager's Office Qffict' of Managamflnl & Budget 3/1612006 10,05 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3116/20065:23 PM Lao E. Odw, Jr, Df~puty County Manager Date Approved By Board of County Commissioners County Manager's Office 3110/20068,35 AM Agenda Item No. 16A4 March 28, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Banyan Woods". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Banyan Woods" CONSIDERA TIONS: 1. On February 25, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Banyan Woods". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution. - Agenda Item No. 16A4 March 28, 2006 Page 2 of 5 RECOMMENDA TION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Banyan Woods" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department - Agenda Item No, 16A4 March 28, 2006 Page 3 of 5 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS ttem Number: Item Summary: 16A4 Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Banyon Woods The roadway and drainage improvements will be privalely maintain9d Meeting Date: 3/28120069:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services S"nior Engineer Date Engineering Services 3/14120067:54:53 AM Approved By Constance A.. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. Date 31141200610:25 AM Approved By Sandra Lea Executive Aide to the BCe Date Board of County Commissioners Bee Office 3/15(200611:17 AM Approved By Thomas E. Kuck. P .E. COES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 3!1512006 2:40 PM Approved B)' Joseph K. Schmitt Community Development & Environmental Services Adminstralor Date Community Development & Environmenta' Services Community Development & Environmental Services Admin. 311512006 7:48 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Managltment & Budget 3/16/200610:14 AM -, Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/1612006 3:37 PM Approved By Leo E, Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's. Office 3116/20064:47 PM -.:tc.oL{) <(0_ c.oOO ...-N_-.:t ci CO llJ ZN OJ ro E-DCL llJ"- .....C1l ~~ "0 C llJ OJ <( a.. <( ~ UJ .- f/) (~'" '~':l) ovo~ ~Nmnd-HlOd~I'" 0,,1 m:::& OlLON I ~ - ~ Z <( ~ i .. lEI '" ~~ ~ 5 6~ ~~CD ~ 1~ ~ ~~ 1< ~ f ~~ r 9l'31V I-Z 00 ~ w- i5 ~ 1!: ,'< 00 ~.. ~'" ([:0 ~- ~ ~ 1l...J ~ a.. <( L . ~- ~.. ,.~ .. :s: Z ~ ~~ N ~e. I> 0 - w -I ~ u ~~ ~ ~ ~ 0 ~ e. ffi --l ~ 5 """~ N N ~ u.en 011.I ..I uZ ~ ~ ~I '" ~~; ~ ~ ~ ~ i III ~ ~~ ~ ~~ ~~i' .. ~~e I') (~t"'tf"~ 0YmI ONmricl-,Ll:IOcAIV l~.,-S'n) 1rnu.IVMrw'l. 5>-..... ~ !( Agenda Item No. 16A4 March 28, 2006 Page 5 of 5 RESOLUTION NO. 06-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN BANYAN WOODS, RELEASE OF THE MAINTENANCE SECURITY, AND TO ACCEPT THE MAINTENANCE RESPONSrnll..ITY FOR THE ROADW A Y AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE BANYAN WOODS HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 22,2001, approved the plat of Banyan Woods for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Banyan Woods and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Banyan Woods Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this _ day of . 2006. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN , Deputy Clerk App suffi legal Agenda Item No. 16A5 March 28, 2006 Page 1 of 18 ....-- EXECUTIVE SUMMARY CARNY-06-AR-9339, Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee, requesting a permit to conduct a carnival on April 3 through April 6, 2006, in the Immokalee Regional Airport located at 165 Airport Boulevard. OBJECTIVE: Duane Wheeler, Carnival Co-Chairman, Rotary Club of lmmokalee, requesting that the Board of County Commissioners approve a permit to conduct a carnival on April 3 through April 6, 2006, in the lmmokalee Regional Airport located at 165 Airport Boulevard. The applicant is also requesting waiver of the surety bond. CONSIDERATIONS: Duane Wheeler, Carnival Co-Chairman, Rotary Club of lmmokalee, has made application to the Board of County Commissioners for a permit to conduct a carnival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than the waiver of the surety bond. Staff does not take issue with the request for waiver of the surety bond, as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of$l ,000,000.00 has been purchased and the Board of County Commissioners named as additional insured. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based and has determined that it meets that criteria, specifically Article n Sections 10-26 through 10-50 of the Collier County Administrative Code. These sections refer to the application process, duties of sponsors and owners, waiver of requirements, and approval 0 f permits. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT PLAN IMPACT: There is no Growth Management Plan Impact. RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the permit to conduct a carnival and waive the surety bond. - PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review Agenda Item No, 16A5 Marcil 28, 2006 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 161'.5 Meeting Date: CARNY~06.AR-9339, Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee, requ8stlng a permit to conduct a carni....al on April 3rd through April 6, 2006, in the Imrnokalee Regiollal Airport located at 165 Airport Boulevard. 3/26/20069:00:00 AM Prepared By Cecilia Martin Planning Tech Date Community Development & Environmg."tal Services Zoning & land Development Review 3/9/20062:35:48 PM Approved By Susan Murray. AICP Community Development & Environmental Services Zoning & Land Ol!!velopment Director Date- Zoning & Land Development Review 3/15/20064:34 PM Approved B}' Sandra Lea Executive Aide to the ace Date Board of County Commissioners Bce Office 3/16/20068:53 AM Approved By Constance A. Johnson Operations Analyst Community Dewlopment & Community D~lvelopment & Environmental Services Environmental Services Admin. Date 3/16/20068:54 AM Approved By Joseph K Schmitt Community Development & Environmental Services Adminstrator Date- Community Development & Environmental SeNlcas Community Development & Environmental Se......ices AdmIn. 3/10/20068:16 PM Approved By OMS Coordinat,or Administrative Assistant Date- County Manager's Office Office of Management &. Budget 3!17!200611:18 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/17/200612:38 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3,117/2006 2:51 PM Agenda Item No. 16A5 March 28, 2uuo . Page 3 of 18 'II' March 2. 2006 CARNY -06-AR-9339 Rotary Club of Immokalee Carnival Immokalee Regional Airport Susan Murray Zone Department 2800 Horseshoe Drive Naples, Florida 34134 Dear Susan, The ROTARY CLUB OF IMMOKALEE, the oldest civic group in Immokalee, is planning a carnival at the IMMOKALEE REGIONAL AIRPORT. The date for this event will be April 3, 2006 thur April 6, 2006. The hours we will be open are Thursday and Friday 6pm to lIPID and Saturday and Sunday 3pm to llpm. The BIG HEARTED JERRY'S (carnival), Gibsonton, Florida, is the name of the carnival that will provide the rides and games. We will send you a legal description of the airport property. SEE ATIACfED. Also the layout of the rides and concession at this event. SEE ATIACfED. On the 28, of March 2006, we will go in front of the County Commissioners for approved. ;;J:::~ Duane Wheeler Carnival Co-Chairman Rotary Club of Immokalee MARCH 2, 2006 Board of County Commissioners Naples, Florida 34112 CARNY -06-AR-9339 Rotary Club of Immokalee Carnival Immokalee Regional Airport --Ag.enda-Item No :t..6A5..-~ March 28, 2006 Page 4 of 18 Dear Commissioners, The Rotary Club of Immokalee, the oldest civic group in Immokalee, is planning a carnival at the Immokalee RegionalAirport. The date for this. event will be April 3, 2oo6-thur .Apri16, 2006. The hours we will be open are Thursday and Friday 6pm to Ilpm and Saturday and Sunday 3pm to llPm. The BIG HEARTED JERRY'S, Gibsonton, Florida, is the name of the carnival that will provide the rides and games. We are asking for your approval concerning this event. We are also asking that the Security Bond be waived. We are paying a Security Bond to the Immokalee Regional Airport. All proceeds raised through this event will be distributed throughout the community of Immokalee. Thank you for helping us with this event. ~J0U Duane Wheeler Carnival Co-Chairman Rotary Club of Immokalee Agenda Item No. 16A5 March 28, 2006 Page 5 of 18 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 646514 Date 317/2006 3:44:29 PM Post Date 3/8/2006 Nbr Appl Name: ROTARY CLUB OF IMMOKALEE Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: PO BOX 5274 IMMOKALEE FL 34143 proj Name: IMMOKALEE PARKS & RECREATION Type: T AZ: 252 Subdiv Nbr: 100 Project Nbr: 2001010016 Payor: ROTARY CLUB OF IMMOKALEE Fee Information GL Account 13113832634122000000 Total Amount Waived $275.00 $275.00 Payments Pa ment Code CHECK Account/Check Number 1500 Total Cash Total Non-Cash Amount $275.00 $0.001 $275.00 $275.00 I Total Paid Memo: Cashierllocation: HILLCAROL / 1 User. LEWMIKE Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:317/2006 3:44:57 PM COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Sle. 1 Naples, FL 34114-8847 (239) 642-7878 Fax (239) 394-3515 Agenda Item No. 16A5 March 28, 2006 f18 A Certified Blue Chip Community March 1, 2006 CARNY -06-AR-9339 Rotary Club of Immokalee Carnival Immokalee Regional Airport Rotary Club of lmmokalee Richard Rice / Dwayne Wheeler P.O. Box 5222 lmmokalee, Florida 34143 Dear Mr. Rice, The Collier County Airport Authority hereby grants you permission to utilize the "Events Area" located on the Southwest section of the lmmokalee Regional Airport for a carnival celebrated on April 6, 2006 thru April 9, 2006. Your set up dates is April 4th & 5th, 2006 and your dean up date is April 10, 2006. You will be charged $150.00 per day plus sales tax for 7 days, which is consistent with the Collier County Airport Authority Leasing Policy, "Rates and Fees". If you have any further questions please call me at 239-657- 9003. .Thank You, ~~~o~ Tiffany Mendoza Administrative Secretary o Marco Island Executive A'lrporl 2005 Mainsail Orive Sle, 1 Naples, FL 34" 4.8847 (239) 394-3355 (239) 642-5427 Fax o Immokalee Regional Airpoirt 165 Airport Boulevard Immol<alee, FL 34120 (239) 657-9003 (239) 657-9191 Fax o Everglade. A;rpar~ P,Q. Box ee9 650 E,C. Airparl< Road Everglade. City, FL 34139 (239) 695-2778 (239) 695-3556 Fax -.'?-.. .';... .: .. '. ~,:::~ i.trcro f{'Q~..'. ' ~'",,-., T,'",. ,c' -......:' o::)t--. -%NW 0', .r, Dl ~E u,(ti ;~ID '- CL __ CI:l ," '~.gf~" .. 'a3 " OJ '-=<: . ' I. ' f: ,~:\\::.,,", ~~r . ~: ~."" ~, '11: ..' .:..... .~-:.' '. .....:.: -. ~': . -.,' ~~; ~~'. " .....-... . i I I . I i i ; , ! i I I ! II " ~ 81 7- ~ t: z ;j ..'~~.: .~~~.... _"'~"""~.,....;.. 'h. .. ...!...... - . J: - .:.~. ~~ ~,,_.._----'" "--.... .it.. ,. --.> 88J . 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'-'- ...,,'":1- C V) ;: ~. : ~ M _ " 0;". a:> ~ z :::> t= ;:; Q :>: r- '-"I o ~ ". ~ <-^ ~4eriff ;!Elon ~unter Agenda Item No. 16A5 March 28, 2006 Page 8 of 18 Collier County Sheriff's Office 3301 Tamiami Trail East < Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 March 3, 2006 Mr. Duane Wheeler Rotary Club of Immokalee P.O. Box 5278 Immokalee, FL 34142 Dear Mr. Wheeler, This letter is to confIrm that I have had the opportunity to review the proposed plan for the upcoming carnival event scheduled for April 4 through April 6, 2006 to be held at the Immokalee Regional Airport. In reviewing the plan, I anticipate no major law enforcement problems. As time permits, deputies will also be visible at the fair, however, you can arrange for special contract deputies or outside security for full time dedication for this event. For further information on contract deputies, you may contact our Special Services Bureau and speak with 1st Sgt. Mike Jones at 239-774-4434. Please call us if we can be of any further assistance. Sincerely, S(;-7. ~ ~0 ~ /g""o3 Sgt. Michael Kastner Collier County Sheriffs Office Immokalee Substation 239-657-6168/Fax 239-657-5708 MKljrnk ~ Immokalee Fire Control District 502 E. New Market Rd., Immokalee, FL. 34142 March 1, 2006 Richard Rice/Duane Wheeler Rotary Club of lmmokalee Dear Mr. Rice and Mr. Wheeler The Immokalee Fire Control Dist. will provide fIre protection and inspections for the carnival you are planning April 4th thru AprillOlh, 2006. When planning the layout, provide at least 24' fire lane around the midway. Fire extinguishers will be needed per NFP A 10. Fire extinguishers shall be inspected and tagged as required. If you should have any questions, feel free to call me at 657-2700. Sincerely, ~~ Leo F. Rodgers Fire Marshal General Office 239-657-2111 Fire Prevention 239-657-2700 Fax 239-657-9489 ~2/27/20~5 10:17 239&436968 COlJ..IEi< CTY Z::NII'-K3 Agenda It~~~o.0*~~ March 28. 2006 Page 10 of 18 .- (i) ~NSOB NOTIFICATION FORM FOR TEMPORAllY' EVENTS Oate(s) of Event: Sponsor of Event: Address of Sp01l5Or. Penon in Charge of Food Service: PhODe: 3& 3 - lj t. 7- q~:l k. Namber of'Food aad Beverage Booths:~ Estimated number of attenden expected at tile eveat at OIle tint!? Number of toiletS to be provided: r Rota.-2lJ rJ (J,6 ()-+ r VYl>>fo.klee r J4-ffl)IIJ~( (}olhf~ (.6u~ a I~f. nod.. I Houn of Operatiolll_ J<o1o ~r tkh o~ 3m,., u Wee p. 0; ~~ -5'22.'- .::HH~~ I rL i Jf.Y'J'lV 13QHeL~d~ .L RJ4Y S.qN~J, I Z Name of Event: Addr... of Event: /6) 000. POIiable: Male (:L) Female ( :t.) pennaJleltt: Male ( ) Female ( ) Mlrthod or tDOet waste disposal: p{'Jl't f a..le T Go, Describe method of Iiq1lid kttehell 'W'1Qte disposal: T I11J11t1M~e Dflerlbe eo.tainers and method of lolld waste dbpo.aI <s_bage): 1) l :s lXJ5 Nt Co ,14tc. Namber of s~d waste disposal coDtahters provided: / De.cribe fadlides and method of Iland.wuhln~: Describe faclIl'des and method of .teusil ",ashi_1t rinsblgaud sanitizing: .J ..:nV 1:::. .I AJ . 7 f:1..1J. , L ~ r"l Soutte of potable watel': I I'hIH/JkJ1ke.. u.J d'lL cl S..eUJ'K- FOT lJl1ol'matiollll1d AMi.laDCl!, cODtlet: Euvironmental Health" Eql.,eeri_& DClpartmat - ('4\) 403-24!i>>Sl 62/27/26~6_ la:17 23%436958 COLLIER CT'I 2CNING PAGi=" 04101 Agenda Item T\Jo. 10Ab March 28, 2006 Page 11 of 18 Failure to comply witll appUeable food sen1ee reqairements i. AeCordance with Chapter 10D-13, Florida AdmiJa.lltrattve Code, may raIIlt iD enforcement aetion. Do you DDderstaud tlais completely? YEsKJ NoD I ceriify that to tile best of my kaowleclF ad belief aD oCtile stAtemeDU eoDtlliDed berein ..d on aDY attackDldu are true, correet, complete. aDd made in good faith. I undel'$wd that these regulations include food. intended for lemu to tile public reearclleu of whether there II a c......e Cor the food. I acree to HI.me ftspoa.ibiUty for tbis eltabUshment and I certify tblt said bulBs!I will be condueted ID tom.pliaBce witb the Florida Admlnilltrath-e Code, Chapter 10D- U. ~71~ Signature of Applicant Date: 3.. - 2cJ h C.4Jl"OTVAL PETITIo,,", Al'PLICAl1ON1 INDMDllAL BOOTH NOr/'ICA TlON FOnt FO.- TEMJlOLUY EYI!!vTS e2/27/26~G 16:17 23'.3li43J%8 COLLIER CTV za.mt1 Agenda Ite~l\,. ~Ag7 March 28, 2006 Page 12 of 18 ;, " ADDRESSING CHECKLIST Please complete the followinaAl\TD FAX fJ9-659-SrifJ Oil SUBMIT IN PBRSON TO THE ADDRESSING SECTION. t:9RM MUS BE SIG"R_BYAl'J}RESSING --' . . ~ .,' . Not Bll itc:ms win apply to every project. Items in bold type arc required. 2. Folio (Property ID) D\I~f above (attach to. or associate with, legal description if""'''' than one) r '-A ((] ?II C') (} \ \ ..t:).."SG, () ("l () 8 3. Street address Of addresses (as applicable, if alr,adj1 assignej) I/IRWIJY\ /:JUt? + t;~. g~ 4. LlK:ation map, showing eJ(,act location of projeetlsite in rcll!rtion to nearest public road right-of-'W&y (attach) 5. Copy ofsurvey (NEEDED ON!. Y FOR UNPLA'ITED PROPERTIES) 6. Proposed proj e (if apP,ltcabr;, I cJ, rm#totHt~.P (1lJtAl/)ff) 7. Proposed Street names (i applicable) a [1'1 ~o..y _'5 I1VC . 8. Site Development Plan Number (FOR EXISTING PROIECTSISITES ONLY) SOP 9. PetitioD Type -(Complete a scpara:te Addressing Checklist for each Petition Type) PPL (plans & Plat Review) PS'P (Preliminary Subdivision Plat) FP (Final Plat) LLA (Lot Line Adjustment) BL (Blasting Pcnnit) ROW (Right-of. Way Pam,it) EXP (Excavation Pennit) VRSFP (Veg. R,e,mova.l &. Site Fill Pemlit) !DR (Transfer ofDevelopmen't Rights) 3-1-()~ Approved .~. "'& PUBLIGWORY~ ENGINEERING DEPtiR.~~~~ ~JOI EAST TAMIAMI TRAIL NAPLES, FLORIDA '41rI1210f 18 (941) 774-8192 ; LEGAL DESCRIPTION (NOT A SURVEY) PROJBCT NO.. PARCEL NO... FOLIO NO... ........ I COMMBNClNO AT THI NORntWIST COItNBR 0' JBC110N 2. TOWNSHIP 47 SOI1l1f. lANGI 2t BAST. COLLI1Ul COUNTV. FLORIDA; mlNCB SOUnt IPBoIlBB 30 MINUT8S,i4 SBOONDS WEST. A DISTANCe OP 2680.88 'BET: 11fENCB NORTH 17 DBGRliBS 42 MINUTES 3' SBCONDS WEST ALOHa 1118 NORTH RIGHT OF WAY UNa OP COUNlY ROAD 846. A. DISTANCi 0' ..z~80.11 PBBT; 11IBNCB NORm 17 DSOREBS 043 M1NUTBS 00 SBCONDS WBS'J'. A blSTANCB OF 3P7.0 FBBT; 111BNCB LE4 VlNO SAID NORm JUORT OF Wit. Y UNS Noam Ie DJIORBBS.U WlNU11IS IS SBCONPS BAST, A blSTANCB 0' 669.6S FBBT. TRENCH NORm I DEGUB 2$ WINUI'BS 4' SBCONDS BAST. A DISTANCB O' IIO..~ PBa. i TIiENCS NOllm 21 DBOREES 20 MINUTIIS os SICONDS WBST. A DISTANCII OP 045.2' fEiTTO 1HB POINT Oi B!GINNING: mENCB CONTINUINO NOR11I ALONO SAID UNE. A DISTANCB OP 213.26 FEBT; nmNCB NORTH 24 DBGRBES 31 MINU1'BS 25 SBCONDS WBST. A DISTANCB 0' 156.39 F&BT; nmNCB NORTH 18 DEQR.BBS 23 MINUTBS 08 IBCONDS BAST ALONG niB BAST mORT 0' WA V LINn OF 1llB SBABOARD COAm.1N8 RAILIlOAD, A DISTANCB 0' 208.02 PBET: TRENCH HOR11IIa DEGnEES 46 MrNtTIliS 4sa SBCONDS I!A.ST, A CISTANeB 0' 2721.00 PI!BT; 'I1fENCB LEAVING SAm EAST RIGHT OF WAY LINE NORm ... DIiOkBES 30 NINtn"ES 00 SSCONnS EAST.'A DISTANce OP 840.00 FEET; meleE SOUTH 1 DSGREE 30 MINUJ"ES 10 SECONDS WEST. It. DISTAt.CS OF :'25&.011 FEJ'&; ,..rCENQi NORTH II CSOREE! :!9 MfII"l[J!U so SUCO)08li& WEST, ~ DISTANCB OP 4~o.oo FBKI'; THENCB. SUUTH I DEORE~ 30'MlNUTES 10 SACONPS WEST. A DISTANcI O. 360.00"BBT; 111ENCB SOUTH .1 DBGREES 20 MJNtJI1iS SO SECONDS EAST. A DISTANCB 01' ~50.00 FEET; THENCe SOUTIII DEGREE 30 MIN'l111iS 10 SECONDS WEST, A DISTANCIi OP 700.00 FEST; mENCS SOtmf ~s DEOREES 00 MINUTES 00 SECONDS EAST, A DISTANCE Of 150.00 F&81: 1lfBNCB sourn 45 D&OREES 00 MINl1rES 00 SECONDS WEST, A DISTANCH 0' ISO.OO P88T; THBNCB SOUTH ~3'DEQREBS 30 MINl1I'ES 06 SBCONDS WEST. A DISTANCE OF 1613.9S FliRT: 11IBNCB NORTH I DBGREB 2S MINUTES 45 SECONDS EAST. ^ DISTANCE OJi 1480.00 FEET; ntENCB SOUTH II DBORBES 34 MINUT2S IS SBCONDS BAST, A DiSTANca OF 670.00 FGIiT; THENCE NOR11f1 DEaRBR 25 NINt1I1iS45 SECONDS BAST, A DISTANCB OP 370.00 FEET; lllENCU NORnl.1 OIiORnn.c; 34 MINlrrn.c; 1$ SIiC'ONOS WI$T. It. DISTANCIi OP 137.52 FnET TO TIlE l'OINT or- nnGlNNINoi SAID DE.4;CRIBlln ..1tACf CONTAININO 137.014 ACRES (S.971.401) SQUARJI FEIi11. MORE OR LESS. IAl'SJUA ~ - -- 2800 N. Horseshoe Drive, Naples, FL 34104 Make Check Payable to: Collier County Tax Collector Phone: 239-403-2477 Website: www.colliertax.com CHECKLIST .....J Copy of Articles of Incorporation or Fictitious letter from ~ Yellow Fire Compliance (list of fire district phone number -r- the State stating that your business name is on file. enclosed) (850-245-6052 or 6058) www.sunbiz.org _ Copy of State license from Department of Business and Professional (850-487-1395) or Department of Health. (850-410-3359) _ Copy of Marco Zoning Certificate. (239-389-5000) ~ Completed Zoning application with appropriate fee made payable C1J1. I ~ f I': to: Board ofcf>ntlt:rtsioners. ~~ ZN/~VIrC... ~ com~cupational License application with appropriate fee made payable to: Collier County Tax Collector. (239-403-2477) -- _ Copy of City Occupational License. (239-213-1800) _ Copy of Motor Vehicle Repair Registration Certificate from Department of Agriculture. (800-435-7352) _ Other: _ Copy of Health inspection from Department of Hotels and Re~''''~Rt[ (i50 4i7 1395) QTn"po...",,,n. of A~..nl'nr" (800-435-7352) CHECK ONE: ~ Original Application _ Transfer of License # Renewal of License # / Date: ~ Classification C-) . (~ Code Number - - License Amount , () C:l ~ ~ <::::\ CORPORATE NAME - DBA NAME - ,A"1 #~A1 /( IfJI r2f/19t1fY BUSINESS OWNER OR QUALIFffiR'S NAME - \5" ~ ~4j- 1ZP ,i.~tI~ PHYSICALADDRESS- 'B5',/) #rJ>'~Y ~-C--.,G.2 ~0 G/b('5'~?. 7o~;L :J-"jftl#' (No P.O. Box allowed) / IS RESIDENCE USED AS AN OFFICE - V Yes _ No BUSINESS MAILING ADDRESS _&-f// ./Jo,,4Y' JPYe,.,.?? f?J;~.i.l..50~ /0.., F ~$;;/ Street ~ Clty./ ZIp OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS - .5' ~~ --r . TELEPHONE-Business: /- 't1:J-~99- J-Y.gf/ Home: S-&'m...{ LEGAL FORM OF BUSINESS: ~sole Proprietorship Partnership _ Corporation _ LLC _ LLP OPENING DATE OF BUSINESS OR DATE ASSUMED - OFFICE WITHIN CITY LIMITS OF NAPLES - _ Yes K No If Yes, City License No. SOCIAL SECURITY NO. or FEDERAL EMPLOYER IDENTIFICATION NO. TYPE OF BUSINESS CONDUCTED: ,/Y'<;;1 // \.R//),.y,..p../"'I'-/ 'If?ltJ~.C; NUMBER OF EMPLOYEES - Including of number of owners: ;r FILL IN THE APPROPRIATE AREAS - a) Rental units (motel/hotel/apts.) Number of units: b) Seating Capacity (rest./cafes, etc.) Number of seats: c) Number of coin-operated machines owned by business or individual: 12) STATE LICENSE OR CERTIFICATION NUMBER - Must have photo copy of state license if state licensed and certified UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREG~IN DOCUMENT AND THAT THE FACTS STATED IN IT A E T UE TO THE BE OF MY KNOWLEDG . xxxAPPLlCANT'S SIGNATURE: ~~ DATE ~ (Owner and/or representative ofhusine .) TITLE: ****THIS LICENSE IS NON-REFUNDABLE FOR INESS STATED ABOVE**** lb) 2) 2a) 3) 03/01/20CG WED 13: 23 i1AX 7273476209 PAODl.JCa ~o C 2/002 Agenda Item No. 16A5 March 28, 2006 I'~;', Haas 13nd Wilkerson. Inc. 727.347-3".5 -, , . .:(. ...IlIf.)l)1'tV) ,~, 3101106 ;' THIS Cl!RTIPlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMI!ND. EXTEND OR ALTER THE COVERAGE AfFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COveRAGE PO Box 41740 St Petersburg FL 33743 CCI\l~At.y A ~ CC~PAAY COM~~r'Y C Ace American lnsurence Co, 'NSlII\ED Big Hearted Jerry's Jerr'{ Bohlendef dba B611 Honeywell Roed Gibsonton FL 33534 CO/IA PI>Nf o I ~.. ~ -~,: .'w ':,"Jt$~i"trmj}f~#4r!i~~ii~:*~;~~~W!~jMW.~tt,W.J!fg-fi W;~l~"i~N~~iE&~t~lilll1i$i,~~W~*.!ffi~~~~~~~~1)~~ti~~~f:t;~~,i:tfirti~ .'.,:~1~1l~i1l~t~J THIS IS TO CERTIFY ntAT THE POLICIES OF INSURA"'CE :",STEO eEl.OW HAVE BEEN ISSUW TO THE INSURED NA~ED ABOVE FOR THE POliCY PERIOD INOICATED, NO-WITHSTANDII~G AII'r' REOUIR:MI!NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM8\:l WJT~ RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEt OR MAY PERTAIN, TH: INSURANCe; AFFORDED BY TrlE POLICIES OESCRIB8) HEREIN IS SUBJE':;- TO ALL THE TERMS. 5XCLUSIONS ANO CONOrTlCNS or SUCH POl.lCIES. LIMITS SHOWN M~,Y HAV!! BEEN RfOUCl!C BY PAID C~AIMS. co '------r - j P~CV &FJlSCTlVf I POUCY EXPlRATlOf'I ! LiR TYI'f OF INIUMNCE POUL'\' NIJMiW! I PATE lMMIDlllYVI CArE IlllMiDllIYYl A I Qm~L llABlUTY I G20495194 5/08/06 5/08106 ~ OJ~MERCIAl. (lENI:II~A8IL1TY, . Aggregate Is ,',':< ':" J C(A!:'4S MAl); 1 X , "C:::IJR Per Location a-::.:.s · CONTR"CTOR'S PROT I I llma ~SUERA;.,ACat\!'.:lA~~-1!_._~ : 'RO~VCTS-COMP!v'AGG : * 2000000 , ..----.--"T-- ~P.ERSONAI. & ADV '~JIJR~_,~--1:.~~. EACH OCCVfIiIENCE I . IOOOOOO fl~E Dl1.~ IAnv """ t"el.__. '000 AUTOMOBILE llAlllUTY n ANV Al.JTO ~J Acl OWNEO .-UTOS ~' 5C>tEDULSU A!/TO;; 'i'RE;;l AL;TCS ."0"1, OWNED "\lTD. . , I I ____ MEO EXP (Any on. pol,oonl LG~E::l SlNOU: UMrT .__~ GAJlAGe UAalUT r ANY AUTO I I -+- I I , ~ , IOOt:.V INJURY ~~~l I' BOOk. Y II\" JURY IPw ICo/dent) I I PAO~TV !:l.u.woE ; ~ -~- ; . AlITO ONLY fA ACCIDE'lT I ~T':. OTHfR Tt<AN AUTO ONL v: r' , ': ',:, " THE PRC)PRlIiTOF./ "ARTNeR5IEl(~TVE OfFICERS ME, OTfoElI r- L., 'NCl EXCI. ex~& lWlJlJfV U UMBIIEllA FO~M L~~ THAI'; VMSREl.lA FO"M WOKKalS COMPENlATJCN AND eMI'LOYt/lS' UA8IIJTY llEliCIWPrlUN Of OPfMflONSllOCATIONSIYDlICLESlSP!;CI.&llTEMl ADDITIONAL INSUREDS: BCARJ OF COLLIEFr COUNTY COMMISSIONERS AND AIRPORT AUTHORITY DA n:5: APRIL 1, 2006 TO APRIL 1 5. ~006 :;~~M~llirBrtiflfiMjgfiBl@ft1~:W~~1n;#.~~Mi~~H*;%~~~:~~:;::'~~!:ii:;~~=::J!::~~~~!!~'!!~!~~~1 BOARD OF COLLIER COUNTY EXI'lIIAT/~N !>AH TIiERCor, l'IiC I88UING COMPANY WILL ENDl!A.tfOIl TO MAll. COMMISSIONERS & AIRPORT AUTH. -1.Q.. CAYS WFlITTiN NOTICE TO "HE CERTIFICATE HOI.DUI NAMED TD THE 1E1'7, PO BOX 5222 BUT F.&llUll! TO MAll SUCH NOTICE SHALL I\llPOSE NO OBUGATlDfj OR UABIl.I'I'Y IMMOKALEE, FL 34143 Of MY IINO VfON ni. COlIlPANY. ITS "'GI'l'fTS OR III!PIlI:8EmATIIIES. ilJ"": ~., ',:::"." AlJTHOllllltI _ESB\lTATMl / .~ :r~jf.i,,'l;.~;~;.t:';i~~:~?'::'V:~'f'~',~.~i~j;P:'~~i~Atf';';ff;,~!;,~;t~f.4~?~<}ifi~~~;,:r~K!~~~~~r~~~j.: Oct. eo os 11.5e. n(I-~..~~.d j.~~W'. 81 ~3G7125S6 Agenda Item Np. 16A5 Marcf1"28, 2006 Page 16 of 18 BIG HEARTID JEMY'I 8'11 HONIiVWILL RD G"'ONTON,'L..~U4 PH(813)2t1-3430 '0('13)171-2_ CONTRACT AND AGREEMENT WlTNI!'-TH: THIS CONTUCT I!NTI!MD INTO 1'HII tt}: DAY OF 4IL2OU1V . ...NO U'rWIIEN IIH.1I"OWI PARTY OP THE FIRST !tART ANO . PAJIlTla. 0' THE.COHO PART. WHeRUS. THe PARTY OF THE PlAIT PART AGMlI TO FURNISH AND PRU!NT AN AalUSIM!NT eO"~ANY COMMOM,.Y KNOWN AI lHJ'IIHi{JU~ THI rh OF 'D~i.1 FOR _ _ f DAVI.COMMINClNCI _J , 2QLlI. I AND p(. _ 2096 . THllNTSRt NT TO CONIISTS OF FIRST RlOD AND ATT'fItAC'l'lOH. CONOITIONS TO II!. AS POU.OM; PM1Y Ojr THE ....T PART TO PAY ftAtt.:r( OF THe aiCON!) PART TWt! 8tJM OF ~ 'i4o OF iIMJ'S GAOSS opr RlDe8. ...~~ fII01lt . l!ACH 1'000 OONC%n&ON, AFlr:iUA4 Q FOR EACH GAAlI ClONCDSION. SAID FlRIT PARTY TO HOLD EXCLUSIV! Of\! ALL ()II AIIDV! INCL.UDlNCI POPeOFtN, CAAMa CORN, COTTON CANOV, SNOW CONlS, CANDY APPL!8, CARM!L (. \ APPL!S,'JllUNN!l CAKes. L.!MONADI! AND aPl!ClA&. TV FOOD ITEMS IXClPT LOCALLY \ ~ OWNED AND OPeRATED NON PROFIT ORGANIZATIONS. ~ ~~If:r- ~~jt~~~";1rt1 ~T&,.~~/~.9~~G. (6R"rH~k64K~e. tJ;1V 8AtO IE(:ONO PARTY TO F\JfQMH A.MPUi POUCI! PROTI!CTION: TO HANG ~ CllTAlBUTl ALLAOVeRTl$lNG FURNlafED. TO 'UANIIH ALL STATE. COUNTY UCENlEI. PORT A JOHNS, DUMPSTEQ, P~NQ PACE p~ TRUCKt, 11W..ERS, ETC. AND &HOW LOTS, WATER '.ND ZOO AMP' I1.IcmlC FOFt House TfWl..!RI. IN CAle OF UNIEOftIEEN OOCUMINCI: IUCH AI JIlRl, ,FLOOC, aTRIKU, WReCK', TOftNAOOI, OR !f1fDeMIC 0II!JIt WHICH THI ,.ARTY OF THI F1R8T "ART HAl NO CONTROL. OVER. llfiN TH!Y ARE NOT TO BE HELD POR DAMAGI!S IY ,A\ltTY Of TK! seCOND PART. "ARTY OF -.e FIRIT PART TO HAVE OPTtON OF RENEWlNO THIS CONTRACT F:no ACDlTIONAl lEANS. THIS CONTRACT AND AGAee.MI!NT SIGHS AND A TO TH!~r DAV OF JD. --, ~~ -~~ wrrNeI . 8lGNeD~ PARTY OF 114!8!eoNO. ftART CONTACT AOtlRI!st .-, Agenda Item No. 1 A5 March 28, 2 06 Page 17 0 18 Permit No. PERMIT FOR CARNIVAL EXHffiffiON STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Mr. Wheeler has presented the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival, as set forth in Chapter 10, Article n, CARNIVALS, of the Collier County Code of Laws and Ordinances, have been satisfied and that this carnival will be conducted according to lawful requirements and conditions; and WHEREAS, Mr. Wheeler has requested a waiver of the Surety Bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Duane Wheeler, Carnival Co-Chairman, Rotary Club of Immokalee, to conduct a carnival from April 3rd to April 6, 2006, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the carnival, more particularly described in attached Exhibit A. The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ,2006. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: By: By: , Deputy Clerk Frank Halas, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney ~....... ,<e_..", rJ.... ',,, I" F :~: ,..,.-.. r , Agenda Item No. 16A5 . March 28, 2006 PROJDCT NO.. Page 18 of 18 PARCEL NO_ fOLIO NO... LEGAL, DESCRIPTION (NOT A SURVEY) ~ ' " I · . COMMBNCl'NO AT11IB NOllnlWEST COltNIll 0' SBCT10N 2. TOWNSHIP 41 SOUrH, RANGI 2' BAST. COWBJL COUNTY, FLORIDA, mlNCB soum I DBCJRBB 30 MINLn'SS,i4 SeCONDS WBST, A DISTANCB , 'OF 2610.U FBET; mBNCB NORTH 17 DBOItEB$ 42 M1'N1JTBS 3' SBCONDs WIST ALOHa niB NOll11i RIGHT Of WAY UNB OF 0lUNT'Y ROAD 84f. It. .DISTANCB 0'..2580.11 PJmTi 11IBNCB NORm 81 osaaBSS 43 MlNUTBS 00 SBQ)NDS WEST."'J\~ISTANCI OF 3P7.0 FBBT; 11mNCB LI!4 vtHO SAID NORnt RIOHT Of WAY UNB NORnlae DBGltlBS 15 MINUTBS 15 SBCONDS BAST, A DlSTANCS OF 669.6S FBBT; TRENCH Noam I DEGIIlB 25 M1'N1JTBS 4,$!SBCONDS EAST, It. DlSTANCB 0' 1108;.24 FBBT: mSNCB NOllnJ 21 DEGREES 20 MIN11J'BS OS SSOON1$WBST, A DlSTANCB OF ,(5.29 PBBTTO.mn POINT OiBl.qlNNING; 11fENCB coN'ttN1JlNa NORm M.ONO SAlD UNB. A DISTANce OP 213.26 F'6BT; nmNCB N01l11l2. DBOlUiBS 3. MINUTIS 25 SJKX)NI)S WEST, A DlSTANCB OF 156.3' FBBT; nmNCB NOaTH 18 DEQRBBS 23 MlNUTBS 08 SECONDS BAST ALONG niB BAST RIGHT OP WI. V LINn OF nm SBABOARD COA.STLTNB RAIUlOAJ>, A DlsTANCB 0' 20L02 PEST; '!HENCH NORm 18 DIiOnEES 46 MtNUTBS 49 SBCONDS lAST, A. DISTAHcB 0' 2nl.OO PB8T, 11IENCB LEA V'ma SAID BAST IUGHT or: VIA Y LINE NORm ... DUOJUlBS 30 MINt1I1iS 00 SECONDS EAST,'A DISTANce 0' 140.00 FEET: lHENCE SOtmi 1 CHORBa 30 MINUTES LO SECONDS WBST. A DISTAl-ICE OF :'25C.OO FB3&': llCliNCS NORTH II C'E03tSB~:!~ MmuTSS 5.0 S&cOl'-"P& WEST, A DtST~c;B 0' "'G.OO PEST; 11iEN~ suum 1 DEOR.EE 30 MINUTES 10 SECONDS WEST. A DISTANCB OP 360.00 'BET, nUD-ICB SOUTH 81 DBGlUiFS :10 MINtJ1'ES SO SECONDS BAST, A QlSTANCB 0' ~50.00 FEET; THENeS sOuttll DEGREE 30 M1N1IT1iS 10 SECONDS WEST. At. DlSTANCS OP 100.00.fii'l': 1HENCG soum ~s DEOREBS 00 MINtJTES 00 SECONDS EAST, A DISTANCE OP 150.00 f:EBT~ THBNCB sourn 45 DEQREES 00 MINUl'SS 00 SECONDS wasT. A DISTANCU OP ISO.OO FBBT. TRENCH sOum 43'DBOIlEBS 30 MINtTl'BS 06 SBCONDS WEST. A. DISTANCE OF 1613.95 FRaT; THBNCB NOR.11I1 DRaus 25 MINUTES 45 SECONDS BAST, A DISTANCB OF '4ao.00 FBET; THIiNCB soumaa DUOR.BES 34 MlNU1'ES IS SBCONDS BAST, A DISTANCB OF 670.00 FE'&Ti THENCS NORm 1 DEOIlBB 25 MINUTES 45 SECONDS BAST, A DISTANCB OP 370.00 FEEn~ TlIENCtl NORll 1 II OtiORnn.c:; 34 MINlrm.C; u sr\C"ONOS WIt-err, A IllSTANCfi 01' 837.51 FBETTO 111 S POINT or. nuaINN1NO; SAID nn.QC1UBUP 1ltAcr CONT ^1N1NO '37 .OB4 ACRBS (S.07I,401) SQUAIUI fEli'O. MOllE OR tESS. ' . lAl'Sll!A , , Exhibit IIA" \ I. . Agenda Item No. 16A6 March 28, 2006 Page 1 of 33 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 1199 relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. OBJECTIVE: That the Board of County Commissioners (BCC) adopt a Resolution opposing enactment into law proposed House Bill 1199 relating to cable television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the issuing of cable television franchises as a prerequisite to installation, construction or operation of a cable television systems that use public right-of-way in the unincorporated areas of Collier County. Collier County has granted four (4) cable television franchises, all of which are active and mutually binding on the respective contracting parties. ,- Current Florida law requires cable television operators to acquire a local cable franchise agreement from a local government before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way. The current existing obligation to apply for and acquire a local cable franchise to provide video services stems both from inherit local government authority over the use of its jurisdictional public rights-of-way and from a Federal Statute entitled the 1992 Cable Act, Title VI. Collier County, through its Cable Television Franchise Ordinance, has negotiated and obtained benefits that satisfY the cable television related needs of our community, including broadcast of County Commission public meetings, services to public schools and other governmental facilities, and other services that support important educational and public interests. Proposed House Bill 1199 authorizes cable franchisees to unilaterally terminate existing cable franchises. The requirement to acquire a cable TV local franchise is not a burden to entities that propose to provide cable television services, as evidenced by Collier County's currently existing four (4) cable franchises. Pursuant to proposed Florida House Bill 1199, future cable franchising would be accomplished only by the State of Florida thereby eliminating potential obligations to consider the needs of the respective local governments, including only cursory, limited review of any application or eligibility requirements. It is in the best interests of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require, enforce and grant term extensions to, local cable television franchise agreements. ..-' FISCAL IMPACT: Cable franchise revenues, through the Communication Service Tax, attribute to more than $3 million annually to Collier County. It is unknown at this time what effect the proposed legislation will have on Collier County's ability to continue to receive such funds. Agenda Item No. 16A6 March 28, 2006 Page 2 of 33 Additionally this proposed legislation will eliminate the County's ability to receive future in-kind contributions, which have been traditionally used for the County's television production and institutional network needs. GROWTH MANAGEMENT IMP ACT: There are no growth management impacts. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express opposition to enactment of this proposed legislation into Florida's General Law and direct the County Manager to deliver a copy of this Resolution to each member of Collier County's Local Legislative Delegation, Governor Jeb Bush, the Florida Association of Counties and the Florida League of Cities. PREPARED BY: James C. French, Regulation and Operations Manager, CDES -, Item Number: Item Summary: Meeting Date: Agenda Item No, 16A6 March 28, 2006 Page 3 of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation 10 adopt a Resolution opposmg enactment into law proposed Flonda House Bill 1199 relating to Cable Television and video programming services, removIng all local cable televIsion franchise authority and provisions to grant or renew any cable television franchise certificates 3/26/2006 9:00 :00 AM Operations Supervisor Date Prepared By James French Community Development & Environmental Servicet> COES Operations 3121/200612:20:22 PM Date Approved By Thomas Palmer County Attorney Assistant County Attorney County Attorney Office 3/21(200612:25 PM Dllte Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/21120064:38 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Offic~ ot Management & Budget 3121120064:54 PM Date Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing 3/21/20065:13 PM Date Approved By James V. Mudd Board of County Commissioners. County Manager County Manager's Office 3/21/20068:23 PM ,"- Agenda Item No. 16A6 MaTch 28, 2006 Page 4 of 33 RESOLUTION NO. 2006 -_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLUER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA HOUSE BILL 1199 (RELATED TO CABLE TELEVISION AND VIDEO PROGRAMMING SERVICES) AND ANY SIMILAR PROPOSED FLORIDA BILL; AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO COLLIER COUNTY'S LOCAL LEGISLATURE DELEGATION, TO FLORIDA'S GOVERNOR, AND TO THE FLORIDA ASSOCIATION OF COUNTIES AND THE FLORIDA LEAGUE OF CmES WHEREAS, proposed Florida House Bill 1199, inappropriately entitled the .Consumer Choice Act of 2006" (which Bill neither protects nor facilitates any choices of consumers of cable television services), among other things, provides that no municipality or county shall not grant any new franchise for provision of cable service within its jurisdiction and shall not renew any such existing local franchise; provides that no franchising authority, state agency or political subdivision may impose any buildout requirements on any holder of a Florida issued certificate; removes all authority of local franchising authorities, including Collier County, to require that any such certificate holders respond to any customer's service complaints, but instead requires that all customer service quality complaints be "received by" the Rorida Department of Agriculture and Consumer Services but specifies no such customer service quality standards or applicable penalties to be enforced by that Department; provides that only the so-called "incumbent cable service provider" (if one exists in the respective county or municipality) shall comply with customer service requirements reasonably comparable to referred to standards in Chapter 47, Code of Federal Regulations, until there are two or more providers offering service, excluding direct-to-home satellite service, in the respective service area; grants all service providers absolute immunity from legal liability regarding public, educational and govemmental (.PEG") access channels and transfers that liability to the county or municipality receiving benefit of the respective channel; prohibits all counties and municipalities from requiring that the holder of a state certificate must have a business office in the county or municipality; prohibits counties and municipalities from imposing many other currently, by law, authorized requirements upon holders of state certificates; and WHEREAS, proposed House Bill 1199 authorizes cable franchisees to unilaterally terminate existing cable franchises, which appears to be legislation that impairs the obligation of contracts in violation of Florida's Constitution and of the Constitution of the United States; and WHEREAS, there are many problematic ambiguities and omissions in proposed House Bill 1199; which could result in readily avoidable disputes and potential litigation; and WHEREAS, Collier County, Florida, enacted Collier County Ordinance No. 88- 90, as amended, providing for issuing of cable television franchises prerequisite to installation, construction and operation of cable television systems in unincorporated Collier County (that use public right-of-way); and WHEREAS, pursuant to Ordinance No. 88-90, as amended, Collier County has granted four (4) cable television franchises, all of which are active and mutually binding on the respective contracting parties; and WHEREAS, current Florida law requires cable television operators to acquire local cable franchise agreements from local governments before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way; and WHEREAS, the currently existing obligation to apply for and acquire a local cable franchise to provide video services stems both from inherit local govemment authority over the use of its jurisdictional public rights-of-way and from a Federal Statute entitled the 1992 Cable Act, Title VI; and Page 1013 Agenda Item No. 16A6 March 28, 2006 Page 5 of 33 WHEREAS, Collier County, through its cable TV franchising Ordinance, has negotiated and obtained benefits that satisfy the cable television related needs of our community, including broadcast of County Commission public meetings, services to public schools and other governmental facilities, and other services that support important educational and public interests; and WHEREAS, it is in the best interests of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require, enforce and grant term extensions to, local cable television franchise agreements; and WHEREAS, the requirement to acquire a cable TV local franchise is not a burden to entities that propose to provide cable television services, as evidenced by Collier County's currently existing four (4) cable franchises; and WHEREAS, pursuant to proposed Florida House Bill 1199, future cable franchising would be accomplished only by the State of Florida thereby eliminating potential obligations to consider the needs of the respective local governments, including only cursory, limited review of any application or eligibility requirements; and WHEREAS, Florida House Bill 1199 promotes and facilitates "cherry-picking" as neighborhoods can readily be bypassed at the whims of cable service providers; and WHEREAS, all statewide cable franchises are to be fully transferable to any successor in interest without analysis of the assignee's ability to properly operate a cable system; and WHEREAS, the proposed statewide franchise does not obligate provision of cable service for any duration of time, nor require compliance with customer service standards if the service area is serviced by at two (2) service providers; and WHEREAS, for each of the above reasons, the Board of County Commissioners of Collier County, Florida, expresses its opposition to proposed Florida House Bill 1199, which creates a statewide video franchise process and eliminates all future local cable franchises as well as extensions of existing cable franchises; and WHEREAS, Collier County's Board of County Commissioners urges members of the Florida legislature and Florida's Governor to oppose and defeat proposed Florida House Bill 1199; and WHEREAS, the Board finds that is in the public interest, and in the interests of Florida consumers of cable services, to forward this Resolution to all members of Collier County's local Legislative Delegation, to Florida's Governor, to the Florida Association of Counties and to the Florida League of Cities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTYL FLORIDA, that: 1. The foregoing 'WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein as an integral part of this Resolution. 2. The Board opposes proposed Florida House Bill 1199, and any other substantially similar Florida Legislation, and urges all members of the Rorida legislature and Florida Governor, Jeb Bush, to oppose and defeat any similar Florida legislation. 3. County Manager, Jim Mudd, is hereby directed to immediately distribute a copy of this Resolution to all members of Collier County's local Legislative Delegation), to Governor Jab Bush, to the Florida Association of Counties and to the Florida League of Cities. 4. This Resolution shall be effective upon is adoption. Page 2 of3 Agenda Item No. 16A6 March 28, 2006 Page 6 of 33 ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of April, 2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRANK HALAS, Chairman Approved as to fonn and legal sufficiency: By: \6 'M r o.;~ Thomas C. Palmer, Assistant County Attorney Page 3 of 3 F LOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- HB 1199 D A H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T AM~~~;~~~ S 2006 A bill to be entitled An act relating to statewide cable television franchises; providing a short title; amending s. 202.24, F.S.; prohibiting counties and municipalities from negotiating terms and conditions relating to cable services; deleting authorization to negotiate; revising application to existing ordinances or franchise agreements; amending s. 337.401, F.S.; deleting authorization for counties and municipalities to award cable service franchises and a restriction that cable service companies not operate without such a franchise; amending s. 337.4061, F.S.; revising definitions; creating ss. 610.102, 610.103, 610.104, 610.105, 610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113, 610.114, 610.115, and 610.116, F.S.; designating the Department of State as the authorizing authority; providing definitions; requiring state authorization to provide cable services; providing duties and responsibilities of the Department of State; providing application procedures and requirements; providing for issuing certificates of franchise authority; providing eligibility requirements and criteria for a certificate; prohibiting the department from imposing taxes, fees, or charges on a cable service provider to issue a certificate; prohibiting imposing buildout requirements on a certificateholder; imposing certain customer service requirements on cable service providers; requiring the Department of Agriculture and Consumer Services to receive customer service complaints; requiring Page 1 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F LOR D A H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T A M~~hd~~~~ S HB 1199 2006 29 provision of public, educational, and governmental access 30 channels or capacity equivalent; providing criteria, 31 requirements, and procedures; providing exceptions; 32 providing responsibilities of municipalities and counties 33 relating to such channels; providing for enforcement; 34 providing requirements for and limitations on counties and 35 municipalities relating to access to public right-of-way; 36 prohibiting counties and municipalities from imposing 37 additional requirements on certificateholders; authorizing 38 counties and municipalities to require permits of 39 certificateholders relating to public right-of-way; 40 providing permit criteria and requirements; prohibiting 41 discrimination between cable service subscribers; 42 providing for enforcement; providing for determinations of 43 violations; providing for enforcement of compliance by 44 certificateholders; providing for applicability of other 45 laws; providing severability; repealing s. 166.046, F.S., 46 relating to definitions and minimum standards for cable 47 television franchises imposed upon counties and 48 49 50 51 municipalities; amending ss. 350.81 and 364.0361, F.S.; removing cross-references to conform; providing an effective date. 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. This act may be cited as the "Consumer Choice 55 Act of 2006." Page 2 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F LOR D A H 0 USE o F Agenda Item No. 16A6 R E PRE S E N T A M~~hd~~~~ S HB 1199 2006 56 Section 2. Paragraphs (a) and (c) of subsection (2) of 57 section 202.24, Florida Statutes, are amended to read: 58 202.24 Limitations on local taxes and fees imposed on 59 dealers of communications services.-- 60 (2) (a) Except as provided in paragraph (c), each public 61 body is prohibited from: 62 1. Levying on or collecting from dealers or purchasers of 63 communications services any tax, charge, fee, or other 64 imposition on or with respect to the provision or purchase of 65 communications services. 66 2. Requiring any dealer of communications services to 67 enter into or extend the term of a franchise or other agreement 68 that requires the payment of a tax, charge, fee, or other 69 imposition. 70 3. Adopting or enforcing any provision of any ordinance or 71 agreement to the extent that such provision obligates a dealer 72 of communications services to charge, collect, or pay to the 73 public body a tax, charge, fee, or other imposition. 74 75 Municipalities and counties may not negotiate E.:1ch municip.:11ity 76 .:1nd county ret.:1ino .:1uthority to negoti.:1te .:111 termo .:1nd 77 oonditione of .:1 c.:1ble eervice fr.:1nchiee :lllm:ed by feder:ll .:1nd 78 ot.:1te 1.:11,: eJCcept thooe terms and conditions related to franchise 79 fees or aaa the definition of gross revenues or other 80 definitions or methodologies related to the payment or 81 assessment of franchise fees on providers of cable services. 82 (c) This subsection does not apply to: Page 3 of 27 ,-- CODING: Words stricken are deletions; words underlined are additions. hb 1199-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A MC\I"ch128.. ~0Q:6 S Pag~ 10'of ~ HB 1199 2006 83 1. Local communications services taxes levied under this 84 chapter. 85 86 87 88 2. Ad valorem taxes levied pursuant to chapter 200. 3. Occupational license taxes levied under chapter 205. 4. "911" service charges levied under chapter 365. 5. Amounts charged for the rental or other use of property 89 owned by a public body which is not in the public rights-of-way 90 to a dealer of communications services for any purpose, 91 including, but not limited to, the placement or attachment of 92 equipment used in the provision of communications services. 93 6. Permit fees of general applicability which are not 94 related to placing or maintaining facilities in or on public 95 roads or rights-of-way. 96 7. Permit fees related to placing or maintaining 97 facilities in or on public roads or rights-of-way pursuant to s. 98 337.401. 99 8. Any in-kind requirements, institutional networks, or 100 contributions for, or in support of, the use or construction of 101 public, educational, or governmental access facilities allowed 102 under federal law and imposed on providers of cable service 103 pursuant to any existing ordinance or an existing franchise 104 agreement granted by each municipality or county, under which 105 ordinance or franchise agreement service is provided prior to 106 July 1, 2006. Nothing in this subparagraph shall prohibit the 107 ability of providers of cable service to recover such expenses 108 as allowed under federal law. 109 9. Special assessments and impact fees. Page 4 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-QQ F LOR D A H 0 USE Agenda Item No. 16A6 N T A MC\I"chI2~O~ S Page 11 of ~ 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 ,,- o F R E PRE S E HB 1199 2006 10. Pole attachment fees that are charged by a local government for attachments to utility poles owned by the local government. 11. Utility service fees or other similar user fees for utility services. 12. Any other generally applicable tax, fee, charge, or imposition authorized by general law on July 1, 2000, which is not specifically prohibited by this subsection or included as a replaced revenue source in s. 202.20. Section 3. Paragraphs (a), (e), and (f) of subsection (3) of section 337.401, Florida Statutes, are amended to read: 337.401 Use of right-of-way for utilities subject to regulation; permit; fees.-- (3) (a)h Because of the unique circumstances applicable to providers of communications services, including, but not limited to, the circumstances described in paragraph (e) and the fact that federal and state law require the nondiscriminatory treatment of providers of telecommunications services, and because of the desire to promote competition among providers of communications services, it is the intent of the Legislature that municipalities and counties treat providers of communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality or county relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way must be generally applicable to all Page 5 of 27 CODING: Words stricken are deletions; words underlined are additions. hb 1199-00 F LOR D A H 0 u S E o F R E PRE S Agenda Item No. 16A6 E N T AMovchI2~,20Q9 S Page 1'2 of 33 HB 1199 2006 138 providers of communications services and, notwithstanding any 139 other law, may not require a provider of communications 140 services, eJ(eept 0.0 other.lioe provided in oubpo.ro.gr:tph 2., to 141 apply for or enter into an individual license, franchise, or 142 other agreement with the municipality or county as a condition 143 of placing or maintaining communications facilities in its roads 144 or rights-of-way. In addition to other reasonable rules or 145 regulations that a municipality or county may adopt relating to 146 the placement or maintenance of communications facilities in its 147 roads or rights-of-way under this subsection, a municipality or 148 county may require a provider of communications services that 149 places or seeks to place facilities in its roads or rights-of- 150 way to register with the municipality or county and to provide 151 the name of the registrant; the name, address, and telephone 152 number of a contact person for the registrant; the number of the 153 registrant's current certificate of authorization issued by the 154 Florida Public Service Commission, er the Federal Communications 155 Commission, or the Florida Department of State; and proof of 156 insurance or self-insuring status adequate to defend and cover 157 claims. 158 2. Not.Jl thot:tnding the pro...io iono of oubp:tro.gr:tph 1., 0. 159 municip:tlity or county mo.y, :to pro7ided by 17 U.8.C. o. 511, 160 o.'.:o.rd one or more fro.nchioeo .:ithin ito juriodiction for the 161 provioion of co.ble oer7ice, o.nd :t provider of co.ble oervice 162 oh:tll not pro...ide co.ble oeg'ice .:i thout ouch fro.nchioe. E:tch 163 municipo.lity o.nd county reto.ino o.uthority to negoti:tte :tll termo 164 o.nd conditiono of :t co.ble oervice fr:tnchioe o.llo~ed by feder:tl 165 10.'.: o.nd o. 166.016, eJwept thoDe termo o.nd conditiono relo.ted to Page 6 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T AM~chI2~,20~ S Pag~ 13' of ~ HB 1199 2006 166 fr~nchiDe feeD ~nd the definition of groDo reyenueo or other 167 definitiono or R'lethodologieD rel~ted to the p~ym.ent or 168 ~DDeDoment of fr~nehiDe feeD ~nd permit feeD ~o provided in 169 p~r~gr~ph (0) on providero of c~ble oen'iceo. }'. R'lunicip~lity or 170 oounty m~y exerciDe ito right to require from. prmridero of c~ble 171 Dery-ice in kind requirementD, including, but not lim.ited to, 172 inotitution~l net~o~CD, ~nd contributiono for, or in oupport of, 173 the UDe or conotruction of public, educ~tion~l, or government~l 174 ~cceoo f~cilitieo to the eJctent permitted by feder~l 1~T,:. }.... 175 provider of c~ble Der;ice m;:1Y eJcercioe ito right to recov.er ~ny 176 ouch eJcpenoeo ~Dooci~ted ..Ji th ouoh in kind requiremento, to the 177 eJctent permitted by feder~l l~.y:. 178 (e) The authority of municipalities and counties to 179 require franchise fees from providers of communications 180 services, with respect to the provision of communications 181 services, is specifically preempted by the state, except ~o 182 other~ioe provided in oubp~r~gr~ph (~)2., because of unique 183 circumstances applicable to providers of communications services 184 when compared to other utilities occupying municipal or county 185 roads or rights-of-way. Providers of communications services may 186 provide similar services in a manner that requires the placement 187 of facilities in municipal or county roads or rights-of-way or 188 in a manner that does not require the placement of facilities in 189 such roads or rights-of-way. Although similar communications 190 services may be provided by different means, the state desires 191 to treat providers of communications services in a 192 nondiscriminatory manner and to have the taxes, franchise fees, 193 and other fees paid by providers of communications services be Page 7 of 27 CODING: Words stricken are deletions; words underlined are additions. hb 1199-00 F L 0 R I D A H 0 u s E o F R E p R ESE Agenda Item No. 16A6 N T A M~chI2~ 120~ S Pag~ 14"of 33 HB 1199 2006 194 competitively neutral. Municipalities and counties retain all 195 existing authority, if any, to collect franchise fees from users 196 or occupants of municipal or county roads or rights-of-way other 197 than providers of communications services, and the provisions of 198 this subsection shall have no effect upon this authority. The 199 provisions of this subsection do not restrict the authority, if 200 any, of municipalities or counties or other governmental 201 entities to receive reasonable rental fees based on fair market 202 value for the use of public lands and buildings on property 203 outside the public roads or rights-of-way for the placement of 204 communications antennas and towers. 205 (f) Except as expressly allowed or authorized by general 206 law and except for the rights-of-way permit fees subject to 207 paragraph (c), a municipality or county may not levy on a 208 provider of communications services a tax, fee, or other charge 209 or imposition for operating as a provider of communications 210 services within the jurisdiction of the municipality or county 211 which is in any way related to using its roads or rights-of-way. 212 A municipality or county may not require or solicit in-kind 213 compensation, except as otherwise provided in s. 202.24(2) (c)8. 214 or s. 610.109 oubp~r~gr~ph (~)2. Nothing in this paragraph shall 215 impair any ordinance or agreement in effect on May 22, 1998, or 216 any voluntary agreement entered into subsequent to that date, 217 which provides for or allows in-kind compensation by a 218 telecommunications company. 219 Section 4. Section 337.4061, Florida Statutes, is amended 220 to read: Page 8 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F L 0 R I D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A Marchl2~ ,20Q.6 s Pag~ 15' of 33 HB 1199 2006 221 337.4061 Definitions; unlawful use of state-maintained 222 road right-of-way by nonfranchised cable tclcvioion services.-- 223 224 225 (1) As used in this section, the term: (a) "Cable service" means: 1. The one-way transmission to subscribers of video 226 programming or any other programming service; and 227 2. Subscriber interaction, if any, which is required for 228 the selection of such video programming or other programming 229 service. 230 (b) "Cable system" means a facility, consisting of a set 231 of closed transmission paths and associated signal generation, 232 reception, and control equipment that is designed to provide 233 cable service which includes video programming and which is 234 provided to multiple subscribers within a community, but such 235 term does not include: 236 1. A facility that serves only to retransmit the 237 television signals of one or more television broadcast stations; 238 2. A facility that serves only subscribers in one or more 239 multiple-unit dwellings under common ownership, control, or 240 management, unless such facility or facilities use any public 241 right-of-way; 242 3. A facility that serves subscribers without using any 243 public right-of-way; 244 4.~ A facility of a common carrier that is subject, in 245 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq., 246 except the specific bandwidths or wavelengths used by ~ such 247 facility shall be considered a cable system only to the extent 248 such bandwidths or wavelengths are f~cility io used in the Page 9 of 27 CODING: Words stricken are deletions; words underlined are additions. hb 1199-00 F LOR I D A H 0 U s E o F R E p RES E Agenda Item No. 16A6 N T AM~chI2~20Q.6 S Page 16' of 3'3 HB 1199 2006 249 transmission of video programming directly to subscribers~ 250 unless the extent of such use is solely to provide interactive 251 on-demand services, in which case the use of such bandwidths or 252 wavelengths is not a cable system; or 253 5.~ Any facilities of any electric utility used solely 254 for operating its electric utility systems. 255 (c) "Franchise" means an initial authorization or renewal 256 thereof issued by a franchising authority, whether such 257 authorization is designated as a franchise, permit, license, 258 resolution, contract, certificate, agreement, or otherwise, 259 which authorizes the construction or operation of a cable 260 system. 261 (d) "Franchising authority" means any governmental entity 262 empowered by federal, state, or local law to grant a franchise. 263 (e) "Person" means an individual, partnership, 264 association, joint stock company, trust, corporation, or 265 governmental entity. 266 (f) "Video programming" means programming provided by or 267 generally considered comparable to programming provided by a 268 television broadcast station or cable system. 269 (2) It is unlawful to use the right-of-way of any state- 270 maintained road, including appendages thereto, and also 271 including, but not limited to, rest areas, wayside parks, boat- 272 launching ramps, weigh stations, and scenic easements, to 273 provide for cable service over a cable system purpooco within a 274 geographic area subject to a valid existing franchise for cable 275 service, unless the cable system using such right-of-way holds a Page 10 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F L 0 276 277 278 279 280 281 282 283 284 285 286 287 288 - 289 290 291 292 293 294 295 296 297 298 299 300 301 302 - R I D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M<;/fchI2~,20Q:6 S Page 11' of 33 HB 1199 2006 franchise from a franchise authority the ffiunicip~lity or county for the area in which the right-of-way is located. (3) A violation of this section shall be deemed a violation of s. 337.406. Section 5. Sections 610.102, 610.103, 610.104, 610.105, 610.106, 610.107, 610.108, 610.109, 610.110, 610.112, 610.113, 610.114, 610.115, and 610.116, Florida Statutes, are created to read: 610.102 Department of State authority to issue statewide cable franchise.--The department shall be designated as the franchising authority, pursuant to 47 D.S.C. s. 522(10), for a state-issued franchise for the provision of cable service. A municipality or county may not grant a new franchise for the provision of cable service within its jurisdiction. 610.103 Definitions.--As used in ss. 610.102-610.1l5: (1) "Cable service" means: (a) The one-way transmission to subscribers of video programming or any other programming service. (b) Subscriber interaction, if any, that is required for the selection of such video programming or other programming service. (2) "Cable system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community, but such term does not include: Page 11 of 27 CODING: Words strickon are deletions; words underlined are additions. hb 1199-00 F L 0 R I D A H o u s E o F R E p R ESE Agenda Item No. 16A6 N T A M~chI28.. ~0Q:6 S Page 18'of ~ HB 1199 2006 303 (a) A facility that serves only to retransmit the 304 television signals of one or more television broadcast stations;, 305 (b) A facility that serves only subscribers in one or more 306 multiple-unit dwellings under common ownership, control, or 307 management, unless such facility or facilities use any public 308 right-of-way; 309 (c) A facility that serves subscribers without using any 310 public right-of-way; 311 (d) A facility of a common carrier that is subject, in 312 whole or in part, to the provisions of 47 D.S.C. s. 201 et seq., 313 except the specific bandwidths or wavelengths over such facility 314 shall be considered a cable system only to the extent such 315 bandwidths or wavelengths are used in the transmission of video 316 programming directly to subscribers, unless the extent of such 317 use is solely to provide interactive on-demand services, in 318 which case it is not a cable system; or 319 (e) Any facilities of any electric utility used solely for 320 operating its electric utility systems. (3 ) "Cable service provider" means a person that provides 321 322 cable service over a cable system. 323, (4) "Certificateholder" means a cable service provider 324 that has been issued and holds a certificate of franchise 325 authority from the department. 326 327 (5 ) (6 ) "Department" means the Department of State. "Franchise" means an initial authorization or renewal 328 of an authorization, regardless of whether the authorization is 329 designated as a franchise, permit, license, resolution, Page 12 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F L 0 R I o A H o USE o F R E p RES E Agenda Item No. 16A6 N T A MqrchI2~,20Q9 S Pag~ 19' of ~ HB 1199 2006 330 contract, certificate, agreement, or otherwise, to construct and 331 operate a cable system in the public right-of-way. 332 (7 ) "Franchise authority" means any governmental entity 333 empowered by federal, state, or local law to grant a franchise. 334 (8 ) "Incumbent cable service provider" means the cable 335 service provider serving the largest number of cable subscribers 336 in a particular municipal or county franchise area on July 1, 337 2006. 338 (9 ) "Public right-of-way" means the area on, below, or 339 above a public roadway, highway, street, sidewalk, alley, or 340 waterway, including, without limitation, a municipal, county, 341 state, district, or other public roadway, highway, street, 342 sidewalk, alley, or waterway. 343 (10) "video programming" means programming provided by, or 344 generally considered comparable to programming provided by, a 345 television broadcast station as set forth in 47 U.S.C. s. 346 522 (20) . 347 348 610.104 State authorization to provide cable service.-- (1) An entity or person seeking to provide cable service 349 over a cable system in this state after July 1, 2006, shall file 350 an application for a state-issued certificate of franchise 351 authority with the department as required by this section. An 352 entity providing cable service under an unexpired franchise 353 agreement with a municipality or county as of July 1, 2006, is 354 not subject to this subsection with respect to such municipality 355 or county until the franchise agreement expires, except as 356 provided by subsection (2) and s. 610.105(4). An entity 357 providing cable service may seek authorization from the Page 13 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F LOR D A H 0 u s E o F R E P RES E Agenda Item No. 16A6 N T A MCilfChI2~~0Q9 S Pag~ 2cr of 33 HB 1199 2006 358 department to provide service in areas where the entity 359 currently does not have an existing franchise agreement as of 360 July 1, 2006. 361 (2) Beginning 90 days after July 1, 2006, a cable service 362 provider that is not an incumbent cable service provider and 363 provides cable service to less than 40 percent of the total 364 cable service subscribers in a particular franchise area may 365 elect to terminate an existing municipal or county franchise and 366 seek a state-issued certificate of franchise authority by 367 providing written notice to the Secretary of State and the 368 affected municipality or county not later than 180 days after 369 July 1, 2006. The municipal or county franchise is terminated on 370 the date the department issues the state-issued certificate of 371 franchise authority. 372 (3) Before the 10th business day after an applicant 373 submits the affidavit, the department shall notify the applicant 374 for a state-issued certificate of franchise authority whether 375 the applicant's affidavit described by subsection (4) is 376 complete. If the department denies the application, the 377 department must specify with particularity the reasons for the 378 denial and permit the applicant to amend the application to cure 379 any deficiency. The department shall act upon such amended 380 application within 5 business days. 381 (4) The department shall issue a certificate of franchise 382 authority to offer cable service before the 15th business day 383 after receipt of a completed affidavit submitted by an applicant 384 and signed by an officer or general partner of the applicant 385 affirming: Page 14 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 FLORIDA H 0 USE o F R E PRE S Agenda Item No. 16A6 E N T A M;;IfChI2~OQP S Pag~ 21 of 33 HB 1199 2006 386 (a) That the applicant has filed or will timely file with 387 the Federal Communications Commission all forms required by that 388 agency in advance of offering cable service in this state. 389 (b) That the applicant agrees to comply with all 390 applicable federal and state laws and regulations, to the extent 391 that such state laws and rules are not in conflict with or 392 superseded by the provisions of this chapter or other applicable 393 state law. 394 (c) That the applicant agrees to comply with all lawful 395 state laws and rules and municipal and county ordinances and 396 regulations regarding the placement and maintenance of 397 communications facilities in the public right-of-way that are 398 generally applicable to providers of communications services in 399 accordance with s. 337.401. (d) A description of the service area for which the 400 401 applicant seeks certificate of franchise authority, which need 402 not be coextensive with municipal, county, or other political 403 boundaries. 404 (e) The location of the applicant's principal place of 405 business and the names of the applicant's principal executive 406 off icers . 407 (5) If the department fails to act on the application 408 within 15 business days after receiving the application, the 409 application shall been deemed granted by the department without 410 further action. 411 (6) The certificate of franchise authority issued by the 412 department shall contain: Page 15 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F LOR I D A H o u s E o F R E p RES E Agenda Item No. 16A6 N T A Mt;lfch,28.,,20t;t6 S Page 27 of 33 HB 1199 2006 413 (a) A grant of authority to provide cable service over a 414 cable system as requested in the application. 415 (b) A grant of authority to construct, maintain, and 416 operate facilities through, upon, over, and under any public 41 7 right - of -way or waters. 418 (c) A statement that the grant of authority is subject to 419 lawful operation of the cable system to provide cable service by 420 the applicant or its successor in interest. 421 (7) A certificateholder that seeks to include additional 422 service areas in its current certificate shall file notice with 423 the department that reflects the new service area or areas to be 424 served. 425 (8) The certificate of franchise authority issued by the 426 department is fully transferable to any successor in interest to 427 the applicant to which the certificate is initially granted. A 428 notice of transfer shall be filed with the department and the 429 relevant municipality or county within 14 business days 430 following the completion of such transfer. 431 (9) The certificate of franchise authority issued by the 432 department may be terminated by the cable service provider by 433 submitting notice to the department. 434 (10) An applicant may challenge a denial of an application 435 by the department in a court of competent jurisdiction through a 436 petition for mandamus. 437 438 610.105 Eligibility for state-issued franchise.-- (1) Except as provided in s. 610.104(1) and (2) and 439 subsection (4), a cable service provider that has an existing, 440 unexpired franchise to provide cable service with respect to a Page 16 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F 441 442 443 444 445 446 447 448 449 450 451 452 453 - 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A Marchi 28\J20Q,6 S Pag~ 23' of 33 HB 1199 2006 municipality or county as of July 1, 2006, is not eligible to seek a state-issued certificate of franchise authority under this chapter as to that municipality or county until the expiration date of the existing franchise agreement. (2) For purposes of this section, a cable service provider will be deemed to have or have had a franchise to provide cable service in a specific municipality or county if any affiliate or successor entity of the cable service provider has or had a franchise agreement granted by that specific municipality or county. (3) The term "affiliate or successor entity" in this section refers to an entity receiving, obtaining, or operating under a franchise that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with the cable service provider. (4) Notwithstanding subsection (1), a cable service provider may elect to terminate an existing municipal or county franchise and seek a state-issued certificate of franchise authority with respect to such municipality or county if another cable service provider is granted a state-issued certificate of franchise authority for a service area that encompasses at least 50 percent of the total households within the service area covered by the existing municipal or county franchise. The cable service provider may terminate its existing franchise under this subsection by providing written notice to the Secretary of State and the affected municipality or county within 180 days following the issuance of the state-issued certificate of franchise authority to the nonincumbent cable service provider. Page 17 of 27 CODING: Words strickon are deletions; words underlined are additions. hb1199-QO F LOR I D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T AM<;?fch)28..20Q9 S Page 24' of 33 HB 1199 2006 469 The municipal or county franchise is terminated on the date the 470 department issues the state-issued certificate of franchise 471 authority with respect to such municipality or county to the 472 cable service provider. 473 610.106 Franchise fee prohibited.--The department may not 474 impose any taxes, fees, charges, or other impositions on a cable 475 service provider as a condition for the issuance of a state- 476 issued certificate of franchise authority. No municipality or 477 county may impose any taxes, fees, charges, or other exactions 478 on certificateholders in connection with use of public right-of- 479 way as a condition of a certificateholder doing business in the 480 municipality or county, or otherwise, except such taxes, fees, 481 charges, or other exactions permitted by chapter 202 and s. 482 337.401(6). 483 610.107 Buildout.--No franchising authority, state agency, 484 or political subdivision may impose any buildout requirements on 485 a certificateholder. 486 610.108 Customer service standards.--An incumbent cable 487 service provider shall comply with customer service requirements 488 reasonably comparable to the standards in 47 C.P.R. s. 76.309(c) 489 until there are two or more providers offering service, 490 excluding direct-to-home satellite service, in the relevant 491 service area. The Department of Agriculture and Consumer 492 Services shall receive service quality complaints from customers 493 of a certificateholder. 494 610.109 Public, educational, and governmental access 495 channels. -- Page 18 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F L 0 R I o A H 0 U s E o F R E P R E S E Agenda Item No. 16A6 N T A Mqrchl2~ ,20~ S Page 25' of ~ HB 1199 2006 496 (1) A certificateholder, not later than 180 days following 497 a request by a municipality or county within whose jurisdiction 498 the certificateholder is providing cable service, shall 499 designate a sufficient amount of capacity on its network to 500 allow the provision of public, educational, and governmental 501 access channels for noncommercial programming as set forth in 502 this section. 503 (2) A certificateholder shall designate a sufficient 504 amount of capacity on its network to allow the provision of a 505 comparable number of public, educational, and governmental 506 access channels or capacity equivalent that a municipality or 507 county has activated under the incumbent cable service 508 providerls franchise agreement as of July 1, 2006. For the 509 purposes of this section, a public, educational, or governmental 510 channel is deemed activated if the channel is being used for 511 public, educational, or governmental programming within the 512 municipality for at least 10 hours per day. 513 (3) If a municipality or county did not have public, 514 educational, or governmental access channels activated under the 515 incumbent cable service provider's franchise agreement as of 516 July 1, 2006, not later than 180 days following a request by the 517 municipality or county within whose jurisdiction a 518 certificateholder is providing cable service, the cable service 519 provider shall furnish: 520 (a) Up to three public, educational, or governmental 521 channels or capacity equivalent for a municipality or county 522 with a population of at least 50,000. Page 19 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 F LOR D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M~chI2s../20~ S Page 26' of 33 HB 1199 2006 523 (b) Up to two public, educational, or governmental 524 channels or capacity equivalent for a municipality or county 525 with a population of less than 50,000. 526 (4) Any public, educational, or governmental channel 527 provided pursuant to this section that is not used by the 528 municipality or county for at least 10 hours a day shall no 529 longer be made available to the municipality or county but may 530 be programmed at the cable service provider's discretion. At 531 such time as the municipality or county can certify to the cable 532 service provider a schedule for at least 10 hours of daily 533 programming, the cable service provider shall restore the 534 previously lost channel but shall be under no obligation to 535 carry that channel on a basic or analog tier. 536 (5 ) If a municipality or county has not used the number of 537 access channels or capacity equivalent permitted by subsection 538 (3), access to the additional channels or capacity equivalent 539 allowed in subsection (3) shall be provided upon 180 days' 540 written notice if the municipality or county meets the following 541 standard: if a municipality or county has one active public, 542 educational, or governmental channel and wishes to activate an 543 additional public, educational, or governmental channel, the 544 initial channel shall be considered to be substantially used 545 when 12 hours are programmed on that channel each calendar day. 546 In addition, at least 40 percent of the 12 hours of programming 547 for each business day on average over each calendar quarter must 548 be nonrepeat programming. Nonrepeat programming shall include 549 the first three videocastings of a program. If a municipality or 550 county is entitled to three public, educational, or governmental Page 20 of 27 CODING: Words stricken are deletions; words underlined are additions. hb 1199-00 F L 0 R D A H o u s E o F R E p RES Agenda Item No. 16A6 E N T A M~chI2s../20~ S Page 21' of 33 HB 1199 2006 . 551 channels under subsection (3) and has in service two active 552 public, educational, or governmental channels, each of the two 553 active channels shall be considered to be substantially used 554 when 12 hours are programmed on each channel each calendar day 555 and at least 50 percent of the 12 hours of programming for each 556 business day on average over each calendar quarter is nonrepeat 557 programming for three consecutive calendar quarters. 558 (6) The operation of any public, educational, or 559 governmental access channel or capacity equivalent provided 560 under this section shall be the responsibility of the 561 municipality or county receiving the benefit of such channel or 562 capacity equivalent, and a certificateholder bears only the 563 responsibility for the transmission of such channel content. A 564 certificateholder shall be responsible for providing the 565 connectivity to each public, educational, or governmental access 566 channel distribution point up to the first 200 feet. 567 (7) The municipality or county shall ensure that all 568 transmissions, content, or programming to be transmitted over a 569 channel or facility by a certificateholder are provided or 570 submitted to the cable service provider in a manner or form that 571 is capable of being accepted and transmitted by a provider 572 without any requirement for additional alteration or change in 573 the content by the provider, over the particular network of the 574 cable service provider, which is compatible with the technology 575 or protocol utilized by the cable service provider to deliver 576 services. The provision of public, educational, or governmental 577 content to the provider constitutes authorization for the 578 provider to carry such content, including, at the provider's Page 21 of 27 CODING: Words strickon are deletions; words underlined are additions. hb1199-00 F L 0 R D A H 0 USE o F R E PRE S E Agenda Item No. 16A6 N T A M~chI2~ ~OQ.6 S Page 28' of 33 HB 1199 2006 579 option, authorization to carry the content beyond the 580 jurisdictional boundaries of the municipality or county. 581 (8) Where technically feasible, a certificateholder and an 582 incumbent cable service provider shall use reasonable efforts to 583 interconnect their cable systems for the purpose of providing 584 public, educational, and governmental programming. 585 Interconnection may be accomplished by direct cable, microwave 586 link, satellite, or other reasonable method of connection. 587 Certificateholders and incumbent cable service providers shall 588 negotiate in good faith and incumbent cable service providers 589 may not withhold interconnection of public, educational, and 590 governmental channels. 591 (9) A certificateholder is not required to interconnect 592 for, or otherwise to transmit, public, educational, and 593 governmental content that is branded with the logo, name, or 594 other identifying marks of another cable service provider, and a 595 municipality or county may require a cable service provider to 596 remove its logo, name, or other identifying marks from public, 597 educational, and governmental content that is to be made 598 available to another provider. 599 (10) A court of competent jurisdiction shall have 600 exclusive jurisdiction to enforce any requirement under this 601 section. 602 603 610.110 Nondiscrimination by municipality or county.-- (1) A municipality or county shall allow a 604 certificateholder to install, construct, and maintain a network 605 within a public right-of-way and shall provide a 606 certificateholder with open, comparable, nondiscriminatory, and Page 22 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-QQ F LOR I D A H 0 U S E o F R E P RES E Agenda Item No. 16A6 N T AMqrchI28",20Q,6 S Page 29' of 33 HB 1199 2006 607 competitively neutral access to the public right-of-way in 608 accordance with the provisions of s. 337.401. All use of a 609 public right-of-way by a certificateholder is nonexclusive. 610 (2) A municipality or county may not discriminate against 611 a certificateholder regarding: 612 (a) The authorization or placement of a network in a 613 public right-of-way; 614 (b) Access to a building or other property; or 615 (c) Utility pole attachment terms. 616 610.112 Limitation on local authority.-- 617 (1) A municipality or county may not impose additional 618 requirements on a certificateholder, including, but not limited 619 to, financial, operational, and administrative requirements, 620 except as expressly permitted by this chapter. A municipality or 621 county may not impose on activities of a certificateholder a 622 requirement: 623 (a) That particular business offices be located in the 624 municipality or county; 625 (b) Regarding the filing of reports and documents with the 626 municipality or county that are not required by state or federal 627 law and that are not related to the use of the public right-of- 628 way. Reports and documents other than schematics indicating the 629 location of facilities for a specific site that are provided in 630 the normal course of the municipality's or county's permitting 631 process, that are authorized by s. 337.401 for communications 632 services providers, or that are otherwise required in the normal 633 course of such permitting process shall not be considered 634 related to the use of the public right-of-way for communications Page 23 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-QQ F L o R D A H 0 USE o F R E P R ESE Agenda Item No. 16A6 N T A M(;1fchI28.. ,2000 S Pag~ 3cf of ~ HB 1199 2006 635 services providers. A municipality or county may not request 636 information concerning the capacity or technical configuration 637 of a certificateholder's facilities; 638 (c) For the inspection of a certificateholder's business 639 records; or 640 (d) For the approval of transfers of ownership or control 641 of a certificateholder's business, except a municipality or 642 county may require a certificateholder to provide notice of a 643 transfer within a reasonable time. 644 (2) Notwithstanding any other provision of law, a 645 municipality or county may require the issuance of a permit in 646 accordance with and subject to s. 337.401 to a certificateholder 647 that is placing and maintaining facilities in or on a public 648 right-of-way in the municipality or county. In accordance with 649 s. 337.402, the permit may require the permitholder to be 650 responsible, at the permitholder's expense, for any damage 651 resulting from the issuance of such permit and for restoring the 652 public right-of-way to a substantially similar condition to that 653 of the public right-of-way before installation of such 654 facilities. The terms of the permit shall be consistent with 655 construction permits issued to other providers of communications 656 services placing or maintaining communications facilities in a 657 public right-of-way. 658 659 610.113 Discrimination prohibited.-- (1) The purpose of this section is to prevent 660 discrimination among potential residential subscribers. 661 (2 ) Pursuant to 47 U. S . C. s. 541 (a) (3), a 662 certificateholder may not deny access to service to any group of Page 24 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 FLORIDA H 0 USE o R E PRE S E Agenda Item No. 16A6 N T AM~chI2~20~ S Page 31 of ~ 663 664 665 666 667 668 669 670 671 672 673 674 675 - 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 F HB 1199 2006 potential residential subscribers because of the income of the residents in the local area in which such group resides. (3) An affected person may seek enforcement of the requirements provided by subsection (2) by initiating a proceeding with the Department of Agriculture and Consumer Services pursuant to s. 570.544. (4) For purposes of determining whether a certificateholder has violated subsection (2), cost, density, distance, and technological or commercial limitations shall be taken into account, and the certificateholder shall have a reasonable time to deploy service pursuant to 47 D.S.C. s. 541 (a) (4) (A). Dse of an alternative technology that provides comparable content, service, and functionality may not be considered a violation of subsection (2). The inability to serve an end user because a certificateholder is prohibited from placing its own facilities in a building or property is not a violation of subsection (2). This section may not be construed to authorize any buildout requirements on a certificateholder. 610.114 Compliance.--If a certificateholder is found by a court of competent jurisdiction to not comply with the requirements of this chapter, the certificateholder shall have a reasonable period of time, as specified by the court, to cure such noncompliance. 610.115 Applicability of other laws.--Nothing in this chapter impairs the right of a provider of video programming that is not a cable service provider to provide video programming and use public right-of-way under chapter 337 without a state-issued certificate of franchise authority. Page 25 of 27 CODING: Words strickon are deletions; words underlined are additions. hb1199-00 F LOR IDA H o u S E o F R E P RES Agenda Item No. 16A6 E N T A MC/{chI28..,20Q:6 S Page 32' of 33 HB 1199 2006 691 610.116 Severability.--If any provision of ss. 610.102- 692 610.115 or the application thereof to any person or circumstance 693 is held invalid, such invalidity shall not affect other 694 provisions or application of ss. 610.102-610.115 that can be 695 given effect without the invalid provision or application, and 696 to this end the provisions of ss. 610.102-610.115 are severable. 697 698 Section 6. Section 166.046, Florida Statutes, is repealed. Paragraph (a) of subsection (3) of section Section 7. 699 350.81, Florida Statutes, is amended to read: 700 350.81 Communications services offered by governmental 701 entities.-- 702 (3) (a) A governmental entity that provides a cable service 703 shall comply with the Cable Communications Policy Act of 1984, 704 47 D.S.C. ss. 521 et seq., the regulations issued by the Federal 705 Communications Commission under the Cable Communications Policy 706 Act of 1984, 47 D.S.C. ss. 521 et seq., and all applicable state 707 and federal rules and regulations, including, but not limited 708 to, o. 166.016 ~nd those provisions of chapters 202, 212, a&e 709 337, and 610 which apply to a provider of the services. 710 Section 8. Section 364.0361, Florida Statutes, is amended 711 to read: 712 364.0361 Local government authority; nondiscriminatory 713 exercise.--A local government shall treat each 714 telecommunications company in a nondiscriminatory manner when 715 exercising its authority to grant franchises to a 716 telecommunications company or to otherwise establish conditions 717 or compensation for the use of rights-of-way or other public 718 property by a telecommunications company. A local government may Page 26 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 FLORIDA H 0 U S E o F R E PRE S E Agenda Item No. 16A6 N T A Me1fchI2t\ ,20Q9 S Pag~ 33' of ~ ",-- HB 1199 2006 719 not directly or indirectly regulate the terms and conditions, 720 including, but not limited to, the operating systems, 721 qualifications, services, service quality, service territory, 722 and prices, applicable to or in connection with the provision of 723 any voice-over-Internet protocol, regardless of the platform, 724 provider, or protocol, broadband or information service. This 725 section does not relieve a provider from any obligations under 726 o. 166.016 or s. 337.401. 727 Section 9. This act shall take effect July I, 2006. Page 27 of 27 CODING: Words stricken are deletions; words underlined are additions. hb1199-00 Agenda Item No. 16A7 March 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1984 relating to Cable Television and video programming services, prohibiting the requiring of in-kind contributions from cable television franchises, to include supporting the use or construction of public, educational or government (PEG) access facilities. OBJECTIVE: That the Board of County Commissioners (BCC) adopt a Resolution opposing enactment into law proposed Senate Bill 1984 relating to cable television and video programming services, prohibiting the requiring of in-kind contributions from cable television franchises, to include supporting the use or construction of public, educational or government (PEG) access facilities. CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the issuing of cable television franchises as a prerequisite to installation, construction or operation of a cable television systems that use public right-of-way in the unincorporated areas of Collier County. Collier County has granted four (4) cable television franchises, all of which are active and mutually binding on the respective contracting parties. Current Florida law requires cable television operators to acquire a local cable franchise agreement from a local government before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way. The current existing obligation to apply for and acquire a local cable franchise to provide video services stems both from inherit local government authority over the use of its jurisdictional public rights-of-way and from a Federal Statute entitled the 1992 Cable Act, Title VI. Collier County, through its Cable Television Franchise Ordinance, has negotiated and obtained benefits that satisfy the cable television related needs of our community that make reasonable in- kind contributions, all of which were freely agreed to by each of the four (4) franchisees, including broadcast of County Commission public meetings, services to public schools and other governmental facilities, and other services that support important educational and public interests. Proposed Senate Bill 1984 authorizes cable franchisees to unilaterally terminate existing cable franchise provisions that require the cable provider to contribute any in-kind contributions whatsoever. It is in the public interest and in the best interest of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require reasonable in-kind contributions from cable television franchisees. 0'- FISCAL IMPACT: Cable franchise revenues, through the Communication Service Tax, attribute to more than $3 million annually to Collier County. This proposed legislation will eliminate the County's ability to receive future in-kind contributions, which have been traditionally used for the County's television production and institutional network needs. GROWTH MANAGEMENT IMP ACT: There are no growth management impacts. Agenda Item No. 16A7 March 28, 2006 Page 2 of 7 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express opposition to enactment of this proposed legislation into Florida's General Law and direct the County Manager to deliver a copy of this Resolution to each member of Collier County's Local Legislative Delegation, Governor Jeb Bush, the Florida Association of Counties and the Florida League of Cities. PREPARED BY: James C. French, Regulation and Operations Manager, CDES .- Item Number: Item Summary: ,,- Meeting Date: Prepared By James French Community Development & Environmental Services Approved By Thomas Palmer County Attome)/ Approved By Joseph K. Schmitt Community Development & Environmental Services Approved By Mark Isackson County Manager's Office Approved By Denton Baker Community Development & Environmental Survices Approved B)" Jamils V. Mudd Board of County Commissioners -- Aaenda Item No. 16A7 v Marcil 28, 2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A7 Recomrnendaflon to adop~ a Resolution opposing enactment Into law proposed Flonda Senate Bill 1984 relating to Cable Television and Video programming services. prot1ibiting the requiring of in-kind comributloilS from cable television franchises, to H1clude supporting the use or construction of public, educational or governmenl (PEG) access tscilitles. 3'28'2006900:00 AM Operations Supel"llisor Date CDES Operations 3/21/200612:23:06 PM Assistant County Attorne)/ Dale County Attomey Office 3/211200612:26 PM Community Development & Environmental Services Adminstralor Dnte Community De...elopment & Environmental Services Admin. 3/21/20064:40 PM BudgAI Analyst Data Office of Management & Budget 3/21/20064:58 PM Financial Admin & Housing Director Date Financial Admin. 8. Houning 3/21120065:14 PM County Manager Date County Manager's Office 3f2112006 &:16 PM Agenda Item No. 16A7 March 28, 2006 Page 4 of 7 RESOLUTION NO. 2006 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA SENATE BILL 1984 (pROHIBITING REQUIRING ALL CABLE TELEVISION IN-KlND CONTRIBUTIONS FROM CABLE FRANCHISEES, INCLUDING WITH REGARD TO PEG CHANNEL FACILITIES) AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO COLLIER COUNTY'S LOCAL LEGISLATURE DELEGATION, TO FLORIDA'S GOVERNOR, AND TO THE FLORIDA ASSOCIATION OF COUNTIES AND THE FLORIDA LEAGUE OF CITIES WHEREAS, proposed Florida Senate Bill 1984, mandates that each Florida county and each and Florida municipality, by franchise agreement or ordinance, shall not require that any cable provider provide any in-kind contributions or exchanges, including any network or other contribution, to support the use or construction of public, educational, or government ("PEG") access facilities; and WHEREAS, proposed Senate Bill 1984 authorizes cable franchisees to unilaterally terminate existing cable franchise provisions that require the cable provider to contribute any in-kind contributions whatsoever, which authorization appears to be legislation that impairs the obligation of contracts in violation of Florida's Constitution and of the Constitution of the United States; and WHEREAS, pursuant to Collier County Ordinance No. 88-90, as amended, Collier County has granted four (4) cable television franchises, all of which are active and mutually binding on the respective contracting parties; and WHEREAS, the County's four (4) cable television franchises require each cable franchisee to make reasonable in-kind contributions, all of which obligations were freely agreed to by each ofthe four (4) Franchisees; and WHEREAS, it is in the public interest and in the best interests of customers of cable service providers in Collier County, and throughout Florida, that local governments retain all of their currently existing authority to require reasonable in-kind contributions from cable television Franchisees; and WHEREAS, for each of the above reasons, the Board of County Commissioners of Collier County, Florida, expresses its opposition to proposed Florida Senate Bill 1984 and urges members of the Florida legislature and Florida's Governor to oppose and clefeat proposed Florida Senate Bill 1984; and WHEREAS, the Board finds that is in the public interest, and in the interests of Florida consumers of cable services, to forward this Resolution to all members of Collier County's local Legislative Delegation, to Florida's Governor, to the Florida Association of Counties and to the Florida League of Cities. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTYL FLORIDA, that: 1. The foregoing "WHEREAS. clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein as an integral part of this Resolution. ,2. The Board opposes proposed Florida Senate Bill 1984, and any other substantially similar Florida Legislation, and urges all members of the Florida legislature and Florida Governor, Jeb Bush, to oppose and defeat proposed Senate Bill 1984 and any other similar Florida legislation. 3. County Manager, Jim Mudd, is hereby directed to immediately distribute a copy of this Resolution to all members of Collier County's local Legislative Delegation), to Govemor Jeb Bush, to the Florida Association of Counties and to the Florida League of Cities. Page 1 af2 Agenda Item No. 16A7 March 28, 2006 Page 5 of 7 4. This Resolution shall be effective upon is adoption. ...- ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of April, 2006. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman Deputy Clerk Approved as to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attomey Page 2 of 2 Agenda Item No. 16A7 March 28, 2006 Page 6 of 7 Florida Senate - 2006 SB 1984 By Senator Bennett 21-1279-06 1 A bill to be entitled 2 3 4 5 6 An act relating to cable services; amending s. 202.24, F.S.; prohibiting a municipality or county from requiring from a provider of cable services certain in-kind contributions or exchanges as a condition for receiving or 7 operating a cable franchise; providing that 8 9 compliance with a provision imposing such mandatory in-kind contributions or exchanges 10 may be terminated after a specified date by 11 serving a written notice of the termination on the municipality or county; providing an 12 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (4) is added to section 202.24, 18 Florida Statutes, to read: 19 202.24 Limitations on local taxes and fees imposed on 20 dealers of communications services.-- 21 Notwithstandino any other law, a municipality or ( 4 ) 22 county may not, by franchise aoreement or ordinance, reouire 23 from a provider of cable services, or demand as a condition 24 for orantino a cable franchise to a provider, in-kind 25 contributions or exchanaes. includina, but not limited to. 26 institutional networks or contributions to support the use or 27 construction of public, educational, or oovernmental access 28 facilities. Compliance with any provision in an ordinance or 29 cable franchise aqreeme~t effective on July 1, 2006. imposino 30 on a provider of cable services such mandatory in-kind 31 contributions or exchanoes may be terminated at any time by 1 CODING: Words :JtricJ:cn are deletions; words underlined are additions. ,.-- 1 2 3 4 5 6 7 8 9 10 11 12 13 .- 14 15 16 17 18 19 20 21 22 23 24 25 26 Agenda Item No. 16A7 March 28, 2006 Page 7 of 7 Florida Senate - 2006 21-1279-06 SB 1984 the provider of cable services bv servin9 a written notice of the termination on the municipality or county. Section 2. This act shall take effect July I, 2006. ***************************************** SENATE SUMMARY Prohibits a municipality or county from requiring from a provider of cable services certain in-kind contributions or exchanges as a condition for receiving or operating a cable franchise. Provides that compliance with a provision imposing such mandatory in-kind contributions or exchanges may be terminated after a specified date by serving a written notice of the termination on the municipality or county. 27 28 29 30 31 2 CODING: Words 3trickcn are deletions; words underlined are additions. Agenda Item No. 16A8 March 28,2006 Page 1 of 85 ....,.^..... EXECUTIVE SUMMARY Recommendation to adopt a Resolution opposing enactment into law proposed United States (V.S.) Senate Bill 1504 relating to Cable Television and video programming services, preempting all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of- way. OBJECTIVE: That the Board of County Commissioners (BCC) adopt a Resolution opposing enactment into law proposed U.S. Senate Bill '1504 relating to cable television and video programming services, preempting all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way. CONSIDERATIONS: Collier County Ordinance No. 88-90, as amended, provides for the issuing of cable television franchises as a prerequisite to installation, construction or operation of a cable television systems that use public right-of-way in the unincorporated areas of Collier County. Collier County has granted four (4) cable television franchises, all of which are active and mutually binding on the respective contracting parties. ,~,.-... Current Florida law requires cable television operators to acquire a local cable franchise agreement from a local government before providing cable service within the respective local government's jurisdictional area if the service provider requires any use of the local government's jurisdictional public right-of way. The current existing obligation to apply for and acquire a local cable franchise to provide video services stems both from inherit local government authority over the use of its jurisdictional public rights-of-way and from a Federal Statute entitled the 1992 Cable Act, Title VI. This Bill will preempt all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way. Collier County's four (4) existing negotiated Franchise Agreement with its franchised cable operators will be abrogated by this Bill. The Bill will substitute a new compensation methodology lowering the existing franchise fee and replacing it with a fee, or in the State of Florida, the cable component of the Communications Services Tax, which must be justified as being "reasonable" in the eyes of the user, limited to management costs (which denies the rights of the property owner to obtain fair and reasonable compensation for such uses of public property for private gain), and not in excess of 5%. These requirements and restrictions will result in the creation of a subsidy to the cable and telecommunications industries at the expense of the Collier County's taxpayers. - The Bill will substantially reduce the amount of capacity which may be required by local governments to meet their public, educational and government ("PEG") access needs, while stripping Collier County's ability to obtain capital support for the use of PEG capacity - part of Agenda Item No. 16A8 March 28, 2006 Page 2 of 85 the bargain contained within Collier County's negotiated franchise agreements - with the result that the community's cable-related needs and interests would not be met. The Bill will deprive local citizens of opportunity to address local issues locally, by removing to the state all customer service issues and by denying consumers any form of recourse for any actions of a communications provider. The Bill will eliminate any "build-out requirements" for any video service provider, thereby allowing providers to discriminate based on the wealth of the local neighborhoods they may choose or not choose to serve. The Bill will preempt any state or local law that is not generally applicable to all businesses, thereby potentially preempting any law applicable to only certain classes of businesses, such as utilities and rights-of-way users (e.g., requiring undergrounding of facilities and ensuring electric code compliance). The Bill will prohibit local governments, including Collier County, from imposing any fee for issuance of rights-of-way construction permits yet would require all local governments to act on requests for permits in a timely manner as may be determined solely by the FCC, thereby insinuating inappropriate federal government involvement in the basic day-to-day management of local rights-of-way. The Bill will prohibit municipalities and their utilities from providing communications services without giving a right of first refusal to private industry, and will then grant industry unfettered access to all municipal facilities and financing in the event private industry chooses to provide servIces. The Bill will deprive Collier County and all other local governments of the now existing authority to establish and maintain government owned and operated networks, which may be utilized by first responders and other government officials in the day-to-day management of the respective local government's business. The Bill will permit broadened preemption of local zoning decisions relating to the geographic placement of cell towers, depriving all local governments of the existing authority to ensure that such towers are safely and appropriately located in geographic areas to provide the greatest degree of services without unnecessarily reducing the value of adjacent and nearby privately owned real property or posing a hazard to the public health, safety and welfare. The Bill will eliminate the protection that local governments currently have against liability for damages and attorneys fees in lawsuits brought by communication service providers against local governments, a type oflitigation that the Bill would seem to invite service providers to bring. It is in the public interest and in the best interest of customers of cable service providers in Collier County, and throughout the nation, that this proposed legislation be opposed. ,,,,-,,L. FISCAL IMPACT: Cable franchise revenues, through the Communication Service Tax, attribute to more than $3 million annually to Collier County. It is unknown at this time what effect the proposed legislation will have on Collier County's ability to continue to receive such funds. GROWTH MANAGEMENT IMP ACT: There are no growth management impacts. Agenda Item No. 16A8 March 28, 2006 Page 3 of 85 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution to express opposition to Senate Bill 1504 and direct the County Manager to deliver a copy of this Resolution to each member of the County's Congressional Delegation, other members of Congress as deemed appropriate by the County Manager, the President of the United States, the Florida Association of Counties and the Florida League of Cities. PREPARED BY: James C. French, Regulation and Operations Manager, CDES ,- Item Number: Item Sum mary: Meeting Oat.: Agenda Item No, 16A8 March 28 2006 Page 4 of 85 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A8 Recommendation to adopt a Resolution opposing enactment into law proposed United States (U.S.) Senate 8il11504 relating to Cable Television and video programming services, preempting all local auHlOrity over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities COnducting such business within its jurisdiction, including local public rights-af-way 3/28/20069:00:00 AM Date Prepared By James French Community Development & Environmental Services Operations Supervisor COES Operations 3/211200612:24:46 PM Date Approved By Thomas Palmer County Attomey Assistant County Attorney County Attorney Office 3/21f200612:26 PM Date Approved By Joseph K. Schmitt Community l)f)velopment & Environmental Services Community Developmtlnt & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3121/20064:45 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 3f2112D06 5:07 PM Date Approved By Denton Baker Community Deyelopment & Environmental Services Financial Admin & Housing Director Financial Admin, & HOlising 3121/20065:13 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3121/20068:20 PM RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXPRESSING ITS oPPOSmON TO SENATE BILL 1504 (THE "BROADBAND INVESTMENT AND CONSUMER CHOICE Acr' - S.1504), URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE COUNTY'S CONGRESSIONAL DELEGATION, TO OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE BY THE COUNTY MANAGER, AND TO THE PRESIDENT OF THE UNITED STATES Agenda Item No. 16A8 March 28, 2006 Page 5 of 85 WHEREAS, on August 2, 2005, Senators John Ensign and John McCain introduced a proposed Federal Statute called the "Broadband Investment and Consumer Choice Act of 2005" (S. 1504); and WHEREAS, the Board of County Commissioners of Collier County, Florida, opposes passage of S. 1504 and any other similar federal legislation because: . The Bill will preempt all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way; . Collier County's four (4) existing negotiated Franchise Agreement with its Franchised cable operators will be abrogated by this Bill; . The Bill will substitute a new compensation methodology lowering the existing franchise fee and replacing it with a fee, or in the State of Florida, the cable component of the Communications Services Tax, which must be justified as being "reasonable" in the eyes of the user, limited to management costs (which denies the rights of the property owner to obtain fair and reasonable compensation for such uses of public property for private gain), and not in excess of 5%; . These requirements and restrictions will result in the creation of a subsidy to the cable and telecommunications industries at the expense of the Collier County's taxpayers; . The Bill will substantially reduce the amount of capacity which may be required by local governments to meet their public, educational and government ("PEG") access needs, while stripping Collier County's ability to obtain capital support for the use of PEG capacity - part of the bargain contained within Collier County's negotiated franchise agreements - with the result that the community's cable-related needs and interests would not be met; . The Bill will deprive local citizens of opportunity to address local issues locally, by removing to the state all customer service issues and by denying consumers any form of recourse for any actions of a communications provider; . The Bill will eliminate any "build-out requirements" for any video service provider, thereby allowing providers to discriminate based on the wealth of the local neighborhoods they may choose or not choose to serve; . The Bill will preempt any state or local law that is not generally applicable to all businesses, thereby potentially preempting any law applicable to only certain classes of businesses, such as utilities and rights-of-way users (e.g., requiring undergrounding of facilities and ensuring electric code compliance); Page 1 of 3 Agenda Item No. 16A8 March 28, 2006 Page 6 of 85 . The Bill will prohibit local governments, including Collier County, from imposing any fee for issuance of rights-of-way construction permits yet would require all local governments to act on requests for permits in a timely manner as may be determined solely by the FCC. thereby insinuating inappropriate federal government involvement in the basic day-to-day management of local rights-of-way; . The Bill will prohibit municipalities and their utilities from providing communications services without giving a right of first refusal to private industry, and will then grant industry unfettered access to all municipal facilities and financing in the event private industry chooses to provide services; . The Bill will deprive Collier County and all other local governments of the now existing authority to establish and maintain government owned and operated networks (known as )institutional networks"), that may be utilized by first responders and other government officials in the day-to-day management of the respective local government's business; . The Bill will permit broadened preemption of local zoning decisions relating to the geographic placement of cell towers, deprMng all local governments of the existing authority to ensure that such towers are safely and appropriately located in geographic areas to provide the greatest degree of services without unnecessarily reducing the value of adjacent and nearby privately owned real property or posing a hazard to the public health. safety and welfare; and . The Bill will eliminate the protection that local governments currently have against liability for damages and attorneys fees in lawsuits brought by communication service providers against local governments, a type of litigation that the Bill would seem to invite service providers to bring. WHEREAS, for the above-stated reasons, the Board of County Commissioners of Collier County, Florida, hereby finds that it opposes S. 1504 and urges members of the Congress of the United States, and the President of the United States, to defeat S. 1504; and WHEREAS, the Board of County Commissioners of Collier County, Florida hereby finds that this Resolution should be forwarded to its Congressional Delegation, to other members of Congress as deemed appropriate by the County Manager, and to the President of the United States. NOW, THEREFORE, BE IT RESOLVED BY THE ABOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTYM FLORIDA that: Section 1. For the reasons stated above, the Board decl~.res its opposition to S. 1504 and urges members of Congress to oppose and defeat S. 1504. Section 2. The Board hereby directs that this Resolution be forwarded immediately to the County's Congressional Delegation, to other members of Congress as deemed appropriate by the County Manager, and to the President of the United States. Section 3. This Resolution shall become effective immediately upon its adoption. Page 2 of 3 Agenda Item No. 16A8 March 28, 2006 Page 7 of 85 ADOPTED this _ day of majority vote favoring adoption. , 2006 after motion, second and A TrEST: DWIGHT B. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRANK HALAS, Chairman Approved as to form and legal sufficiency: By,Jt>M ~"'-- Tho as C. Palmer, Assistant County Attorney Page 3 01 3 Agenda Item No. 16A8 March 28, 2006 Page 8 of 85 S 1504 IS 109th CONGRESS 1st Session S. 1504 To establish a market driven telecommunications marketplace, to eliminate government managed competition of existing communication service, and to provide parity between functionally equivalent services. IN THE SENATE OF THE UNITED STATES July 27, 2005 Mr. ENSIGN (for himself and Mr. MCCAIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a market driven telecommunications marketplace, to eliminate government managed competition of existing communication service, and to provide parity between functionally equivalent services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the' Broadband Investment and Consumer Choice Act'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. See. 3. General principle. Sec. 4. Definitions. Sec. 5. Consumer communications service. Sec. 6. Federal quality standards. See. 7. Consumer access to content and applications. Sec. 8. Regulatory authority of the commission. Sec. 9. Network interconnection and access requirements. Sec. 10. Unbundled access to copper loops, physical collocation, and resale. Sec. 11. Number portability. Sec. 12. Special provisions for 2-percent carriers. Agenda Item No. 16A8 March 28, 2006 Page 9 of 85 Sec. 13. Video services. See. 14. Copyright limitations on exclusive rights video service providers. Sec. 15. Municipally owned networks. SEC. 2. FINDINGS. Congress finds the following: (1) Since passage of the Telecommunications Act of 1996, there have been dramatic changes in the industry, technology, and marketplace requiring Congress to revisit the communications policy of the Nation. (2) Inter-modal competition is bringing consumers more choice in voice, data, and video service options than ever before. (3) A new policy framework is required to allow functionally equivalent services to compete fairly. (4) Silos of regulation based on historical regulatory classifications only invite arbitrage and result in government influenced market distortions. (5) Such market distortions coupled with lack of regulatory certainty is chilling investment and stalling deployment of broadband networks. (6) The United States is falling behind the world in broadband penetration and it must encourage investment to regain a leadership position in the world. (7) Communications networks are global in nature and the United States must eliminate barriers for domestic communications providers to compete in the global marketplace. (8) As the United States transitions to a market driven communications service sector, consumers should be protected with a safety net of access to affordable Basic Telephone Service. (9) A new communications framework should foster consumer value and choice by unleashing markets, in lieu of government-managed competition. (10) The l's and O's of the digital age are not constrained by State lines or national boundaries, therefore, a patch work quilt of State and local regulations will only stifle growth and impose undue costs and burdens on consumers. (11) In the event that market failure leads State or local governments to contemplate construction of their own communications services, the option to enter that market should first be provided to commercial providers under similar terms to ensure that such governments are not competing unnecessarily with private industry. (12) Robust competition coupled with rapid number portability will empower consumers to choose the best services at the best prices. SEC. 3. GENERAL PRINCIPLE. (1) APPLICABILITY OF THE COMMUNICATIONS ACT OF 1934- Except as provided in this Act, any conduct, activity, service, or service provider shall 0 Agenda Item No. 16A8 March 28, 2006 Page 10 of 85 or after the date of enactment of this Act, be subject only to the requirements of this Act, if such conduct, activity, service, or service provider was, before the date of enactment of this Act, subject tOn (A) titles I, II, and VI or section 332 of the Communications Act of 1934 (47 U.S.c. 151 et seq.); (B) any equivalent State common carrier law or regulation with respect to telecommunications, telecommunications services, or information services; or (C) any State or local law, regulation, or order with respect to cable services or video services. (2) LIMITATION ON GOVERNMENT AUTHORITY- Notwithstanding any other provision of Federal, State, or local law, and except as provided in this Act, no Federal, State, or local government shall have authority-- (A) to regulate the rates, terms, price, or quality of any communications service; (B) to require any facilities-based communications service provider to provide third parties with access to its facilities; or (C) to regulate the rates, terms, and conditions, if any, on which a facilities-based communications service provider chooses to afford third parties with access to its facilities. (3) NO EFFECT ON TITLES IV, V, VII OF THE COMMUNICATIONS ACT OF 1934- Nothing in this Act shall be construed to affect title IV, V, or VII of the Communications Act of 1934 (47 U.S.c. 151 et seq.) and the provisions of such titles shall be applicable to any conduct, activity, service, or service provider subject to this Act. (4) AFFECT ON CERTAIN PROVISIONS OF TITLE II OF THE COMMUNICATIONS ACT OF 1934- (A) IN GENERAL- Nothing in this Act shall be construed to affect the authority of the Commission under sections 206, 207, 208, 209, 224, 225, 226, 227, 229, 230, 253, and 255 of the Communications Act of 1934. (B) AUTHORITY STILL VALID- Except as provided otherwise in this Act, any conduct, activity, service, or service provider subject to this Act shall be subject to the authority and the requirements of the provisions of the Communications Act of 1934 described in subparagraph (A). (5) NO AFFECT ON STATE LAWS OF GENERAL APPLICABILITY- Nothing in this Act is intended to affect State laws of general applicability to all businesses, except to the extent that such laws are inconsistent with this Act. (6) DIRECT-TO-HOME SATELLITE SERVICES- No State or local government shall have the authority to regulate through franchise agreements or otherwise direct-to-home satellite services, including any activity, conduct, or matter concerning-- (A) rates; (B) services; Agenda Item No. 16A8 March 28, 2006 Page 11 of 85 (C) billing; (D) equipment; and (E) sales. (7) REGULATORY TREATMENT OF MOBILE SERVICES- (A) FORBEARANCE- The Commission shall forbear from applying any regulation, provision, or requirement imposed by this Act or the Communications Act of 1934 to a mobile service or persons or classes of persons engaged in the provision of such service, to the extent such persons are engaged in the provision of such service, in all of the geographic markets served by such service, unless the Commission determines that enforcement of such regulation or provision is necessary-- (i) because of the lack of competition among providers of such service; or (ii) for the protection of public health and safety. (B) PETITION FOR FORBEARANCE- (i) IN GENERAL- Any provider or class of providers of a mobile service may submit a petition to the Commission requesting that the Commission exercise the authority granted under subparagraph (A) with respect to that provider or class of providers. (ii) i-YEAR REVIEW PERIOD- Not later than 1 year after the Commission receives a petition submitted under clause (i), such petition shall be deemed granted if the Commission does not deny the petition on either of the grounds described in subparagraph (A), unless such i-year period is extended by the Commission. (iii) EXTENSION OF REVIEW PERIOD- The Commission may extend the initial i-year period under clause (ii) by an additional 90 days if the Commission finds that an extension is necessary to complete the determination required by that clause. (iv) AUTHORITY OF COMMISSION- The Commission-- (1) may grant or deny a petition in whole or in part; and (II) shall explain its decision in writing. (8) REGULATORY TREATMENT OF SEAMLESS MOBILITY- (A) IN GENERAL- In implementing the provisions of this Act or any other proceeding, the Commission shall not take any action to impede the development of seamless mobility. (B) DEFINITION- For purposes of this paragraph, the term' seamless mobility' means the ability of a consumer and connecting devices of consumer to move easily and smoothly between and among internet protocol enabled technology platforms, facilities, and networks. (9) RULEMAKING- The Commission shall have authority to establish rules to implement the provisions of paragraphs (3) and (4) that are no greater or Agenda Item No. 16A8 March 28, 2006 Page 12 of 85 lesser than the requirements contained in the titles described in paragraph (3) and the sections described in paragraph (4). SEC. 4. DEFINITIONS. (a) In General- For purposes of this Act: (1) BASIC TELEPHONE SERVICE; BTS- The term' Basic Telephone Service' or , BTS'-- (A) means a single-line flat rate voice communications service-- (i) within a traditional local calling area; (ii) with access to 911; (iii) with touch tone dialing; and (iv) with access to long distance; and (B) does not include any interexchange communications wireline service. (2) BROADBAND COMMUNICATIONS SERVICE- The term' broadband communications service' means a communications service enabling the trans- mission of communications at a capacity greater than 64 kilobits per second. (3) COMMISSION- The term' Commission' means the Federal Communications Commission. (4) COMMUNICATIONS SERVICE- The term' communications service'-- (A) means any service enabling an end user to transmit, receive, store, forward, retrieve, modify, or obtain voice, data, image, or video communications using any technology, including-- (i) copper; (ii) coaxial cable; (iii) optical fiber; (iv) terrestrial fixed wireless; (v) terrestrial mobile wireless; (vi) satellite; (vii) power lines; or (viii) successor technologies; and (8) does not include-- (i) television or radio broadcasting; and (ii) any service that is not provided to the public or to a substantial portion of the public. (5) CONSUMER- The term' consumer'-- (A) means a consumer of goods or services whether for a fee, in exchange for an explicit benefit, or provided for free; and (B) includes-- (i) an end user of communications service; (ii) individuals; (iii) partnerships; (iv) associations; Agenda Item No. 16A8 March 28,2006 Page 13 of 85 (v) joint-stock companies; (vi) trusts; and (vii) corporations. (6) COPPER LOOPS- The term' copper loops' means an entirely copper cable transmission facility used to provide circuit switched services, between a distribution frame (or its equivalent) in the central office of an incumbent local exchange carrier and the loop demarcation point at the premise of a consumer. (7) ELIGIBLE TELECOMMUNICATIONS CARRIER; ETC- The term' eligible telecommunications carrier' or ' ETC means a telecommunications carrier that has been determined, under section 214(e) of the Communications Act of 1934 (47 U.S.c. 214(e)), to be eligible for Federal universal service support. (8) FACILITIES-BASED PROVIDER- The term' facilities-based provider' means a provider of a communications service to the extent that such provider makes available such communications service predominantly by means of its own network. (9) FRANCHISE- The term' franchisel has the meaning given to such term in section 602(9) of the Communications Act of 1934 (47 U.S.c. 522(9)). (10) INCUMBENT LOCAL EXCHANGE CARRIER- The term' Incumbent Local Exchange Carrier' has the meaning given to such term in section 251(h) of the Communications Act of 1934 (47 U.S.c. 251(h)). (11) INTERCONNECTION- The term' interconnection' means the physical linking of 2 networks whether directly or indirectly for the mutual exchange of non video traffic. (12) NARROWBAND COMMUNICATIONS SERVICE- The term' narrowband communications service' means a communications service enabling the transmission of communications at a capacity of not more than 64 kilobits per second. (13) PUBLIC SWITCHED TELEPHONE NETWORK- The term' public switched telephone network' means the collection of interconnected circuit switched telecommunications. (14) SATELLITE CARRIER- The term' satellite carrier' has the meaning given to such term in section 119(d)(6) of title 17, United States Code. (15) TRANSITING SERVICE- The term' transiting service' means a service provided by a facilities-based provider which facilitates the indirect interconnection between 2 other facilities-based providers on the circuit switched network. (16) 2-PERCENT CARRIER- The term' 2-percent carrier' means an incumbent local exchange provider which serves in aggregate less than 2 percent of the access lines of the Nation on the date of enactment this Act. (17) VIDEO SERVICE- The term' video service' means-- (A) video programming; (B) interactive on demand services; and (C) other programming services. Agenda Item No. 16A8 March 28, 2006 Page 14 of 85 (18) VIDEO SERVICE PROVIDER- The term' video service provider'n (A) means a provider of video service that utilizes a public right-of-way in the provision of such service; and (B) does not indude-- (i) a satellite carrier; (ii) any person providing video programming using radio communication; (iii) any other provider of video service that does not use a public right-of-way in the provision of its service; or (iv) any person providing video service by means of a commercial mobile service, unless such person has substantially replaced a video service provider described in subparagraph (A) by occupying a position in the video service market comparable to that occupied by such provider. (b) Common Terminology- Except as otherwise provided in subsection (a), terms used in this Act shall have the same meaning given to such terms under sections 3, 332(d), and 602 of the Communications Act of 1934 (47 U.s.c. 153, 332(d), and 522). SEC. S. CONSUMER COMMUNICATIONS SERVICE. (a) Basic Telephone Service Safety Net- Each telecommunications carrier that is deemed to be an incumbent local exchange carrier on the date of enactment of this Act and any ETC shall offer BTS to business and residential customers throughout the service territory of such incumbent local exchange carrier, as such service territory was defined on the date of enactment of this Act. (b) Rate Cap- (1) IN GENERAL- Until January 1, 2010, BTS rates charged by an incumbent local exchange carrier shall be capped at current basic local residential or business rates. (2) EXCEPTION- The cap under paragraph (1) does not include additional fees and charges that may be imposed to cover expenses related tOn (A) subscriber line and universal service charges; and (B) other similar taxes and fees. (3) ANNUAL ADJUSTMENT- After January 1, 2010, BTS rate caps may be adjusted annually by the incumbent local exchange carrier by an amount not to exceed any adjustment in the Consumer Price Index. (c) Expansion of BTS- An incumbent local exchange carrier or an ETC may expand or modify the services it provides in its BTS offering, if such expansion or modification results in a BTS offering that is equal or more favorable to consumers. (d) BTS Technology- (1) IN GENERAL- An incumbent local exchange carrier or an ETC may determine the technology it uses to meet its BTS obligations under this Agenda Item No. 16A8 March 28, 2006 Page 15 of 85 section, if such technology does not alter the rates, terms, and conditions for a BTS offering required under subsection (b). (2) EQUAL ACCESS NOT REQUIRED- Notwithstanding any other provision of this Act or any other provision of law, a BTS offering may not require equal access to long distance, if the incumbent local exchange carrier or an ETC is offering BTS through a communications technology that does not support equal access as of the date of enactment of this Act. (e) Termination of Bts- If a consumer purchases any service, capability, or function in addition to a BTS offering, the resulting offering shall notu (1) be deemed to be a BTS offering; and (2) be subject to the requirements of subsection (a). (f) Carrier of Last Resort Obligations- Any carrier of last resort obligation under the Communications Act of 1934 (47 U.S.c. 151 et seq.) or any equivalent State law, regulation, or order shall be satisfied, subject to the exceptions provided in such section, by the ubiquitous availability of BTS to all consumers in a service territory. SEC. 6. FEDERAL QUALITY STANDARDS. (a) Quality Standards- The Commission, taking into consideration that different technologies can potentially be used to provide BTS service and that such technologies may have different performance characteristics than a public switched telephone network, shall establish Federal quality standards for BTS service relatin~ tou (1) reasonable uptime; (2) installation intervals; (3) repair intervals; and (4) suitable voice quality. (b) Additional Standards- The Commission shall establish reasonable maximum intervals for the performance of different classes of incumbent local exchange carriers. (c) Enforcement- (1) IN GENERAL- Notwithstanding any other provision of this Act, a State commission shall have the authority to enforce the Federal quality standards established under subsections (a) and (b). (2) LIMITATION- (A) IN GENERAL- The regulatory power granted to a State commission under this subsection shall apply only to the enforcement of the Federal standards under subsections (a) and (b). (B) PENALTIES- Any penalties assessed by a State commission for violations of the standards established under subsections (a) and (b) shall be limited to those provided for in paragraph (4). (3) LIMITATION ON CLASS ACTIONS- No class action alleging a violation of the standards under subsection (a) and (b) shall be maintained under this subsection by an individual or any private party in Federal or State court. Agenda Item No. 16A8 March 28,2006 Page 16 of 85 (4) PENALTIES- (A) IN GENERAL- Notwithstanding any other provision of this Act, any ETC or incumbent local exchange carrier that violates the standards established under subsections (a) and (b) shall be subject to a civil penalty not to exceed $50 per household for the first violation. (B) SUBSEQUENT VIOLATIONS- Subsequent violations by any ETC or incumbent local exchange carrier of the standards established under subsections (a) and (b) shall increase at intervals of $50 per violation per household up to a maximum of $500. (C) ANNUAL ADJUSTMENT- The amount of penalties provided under this section shall be adjusted annually by an amount equal to any adjustment in the Consumer Price Index. (D) PENALTY TO BE PAID TO CONSUMERS- (i) IN GENERAL- All penalties collected under authority of this section shall be paid to consumers that are directly affected by the failure to comply with the standards established under subsections (a) and (b). (ii) EXCLUSIVE REMEDY- The penalties established under authority of this section shall be the exclusive remedy for failure to comply with the standards established under subsections (a) and (b). (d) Commission to Act if State Commission Will Not Act- If a State commission fails to carry out its enforcement responsibilities under subsection (c), the Commission shalln (1) issue an order preempting the jurisdiction of the State commission; and (2) assume exclusive enforcement authority. (e) Lifeline Assistance- Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title. SEC. 7. CONSUMER ACCESS TO CONTENT AND APPLICATIONS. ( a) Access- (1) IN GENERAL- A consumer may not be denied access to any content provided over facilities used to provide broadband communications service and a broadband service provider shall not willfully and knowingly block access to such content by a subscriber, unless-- (A) such content is determined to be illegal; (B) such denial is expressly authorized by Federal or State law; or (C) such access is inconsistent with the terms of the service plan of such consumer including applicable bandwidth capacity or quality of service constraints. Agenda Item No. 16A8 March 28, 2006 Page 17 of 85 (2) CUSTOMIZED CONTENT - A broadband communications service provider may offer to a consumer a customized plan developed through such service providers network or commercial arrangements with providers of content, applications, and other service components to differentiate-- (A) access to content; (B) the availability of applications; and (C) the character of service components available. (3) NON-CUSTOMIZED CONTENT- Nothing in subsection (a) shall adversely affect the performance of non-customized consumer access to content, services, and applications offered by the competitors of a broadband service provider. (b) Enforcement of Access Violations- (1) IN GENERAL- The Commission may take such enforcement action as it may prescribe by rule, if the Commission determines that a broadband communications service provider intentionally restricted access to any content described in subsection (a)(1). (2) EXCEPTION- A broadband communications service provider may not be in violation of subsection (a), if such service provider does not interrupt or block access to any content described in subsection (a)(1) when-- (A) performing network-- (i) optimization or management; (ii) security; or (iii) prioritization; (B) performing other measures to ensure network security and integrity; or (C) attempting to prevent unlawful conduct. (c) Parental Controls- Nothing in this section shall be construed to prohibit-- (1) any communications service provider from offering a service that allows a consumer to block display of programs with a common rating; and (2) a provider of mobile services from offering or providing access only to a family friendly service to a subscriber. (d) Connectivity of Devices- Except as provided in this section, a broadband service provider shall not prevent any person from utilizing equipment and devices in connection with lawful content or applications. (e) Access to VoIP Applications- Nothing in subsection (a) shall permit a broadband service provider to prevent a customer from using voice over Internet Protocol applications offered by a competitor. SEC. 8. REGULATORY AUTHORITY OF THE COMMISSION. (a) Federal Policy- The Commission shall, with respect to communication service providers, develop rules and regulations regarding-- (1) automatic dialing, telephone solicitation, slamming, cramming, E911, obscene and harassing telephone calls; Agenda Item No. 16A8 March 28, 2006 Page 18 of 85 (2) billing disputes; (3) the use, sale, and distribution of consumer proprietary network information; and (4) access for persons with disabilities, includingn (A) the hearing impaired; and (B) the speech impaired. (b) Commission Rules- (1) IN GENERAL- In developing the rules required under subsection (a), the Commission shall take into account the technical limitations of the technology used by communications service providers. (2) TIMING- Not later than 120 days after the date of enactment of this Act, the Commission shall establish the rules required under subsection (a), and until such rules become effective, the requirements of Federal law, including all prior Commission rules and orders in effect on the date of enactment of this Act relating to the matters described in subsection (a) shalln (A) remain in effect; and (B) be applicable to the matters described in subsection (a). (c) Enforcement- (1) STATE COMMISSION AUTHORITY- Notwithstanding any other provisions of this Act, a State commission shall have authority to enforce the rules established by the Commission pursuant to this section. (2) LOCAL POINT OF CONTACT- Each State commission shall designate a local point of contact, which residents of that State may contact to alert the State. of any potential violations of the rules and regulations set forth under subsection (a). (3) LIMITATION ON CLASS ACTIONS- No class action alleging a violation of the rules and regulations set forth under subsection (a) shall be maintained under this subsection by an individual or any private party in Federal or State co u rt. (4) PARENS PATRIAE AUTHORITY- In any case in which a State commission has reason to believe that an act or practice violates the rules and regulations set forth under subsection (a), the State commission may bring a civil action on behalf of the residents of that State in a district court of the United States of appropriate jurisdiction, or any other court of competent jurisdiction, tOn (A) enjoin the act or practice; (6) obtain-- (i) damages in the sum of actual damages, restitution, or other compensation on behalf of affected residents of the State; and (ii) punitive damages, if the violation is willful or intentional; or (C) obtain such other legal and equitable relief as the court may consider to be appropriate. (5) VENUE; SERVICE OF PROCESS- (A) VENUE- Any action brought under this subsection may be brought in the district court of the United States that meets applicable Agenda Item No. 16A8 March 28, 2006 Page 19 of 85 requirements relating to venue under section 1931 of title 28, United States Code. (B) SERVICE OR PROCESS- In an action brought under this subsection, process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (d) Limitation of State Authority- Notwithstanding the provisions of this section, States and State commissions shall have no authority to impose different or additional interconnection or intercarrier compensation requirements on communication service providers. (e) Commission to Act if State Commission Will Not Act- If a State commission fails to carry out its enforcement responsibilities under subsection (c), the Commission shall-- (1) issue an order preempting the jurisdiction of the State commission; and (2) assume exclusive enforcement authority. SEC. 9. NETWORK INTERCONNECTION AND ACCESS REQUIREMENTS. (a) Interconnection Arrangements- (1) IN GENERAL- Facilities-based providers shall establish commercial arrangements regarding the ability of such facilities-based providers to interconnect with other facilities-based providers. (2) SCOPE OF ARRANGEMENTS- The commercial arrangements described in paragraph (1) shall establish the rates, terms, and conditions on which facilities-based providers shall interconnect with other facilities-based providers. (3) EXEMPTION FROM REGULATION- Except as provided in subsections (b) and (c), the commercial arrangements described in paragraph (1) may not be subject to regulation by the Commission or by the States or State commissions. (b) Commission Intervention With Narrowband Communication Service Providers- (1) IN GENERAL- Not later than 6 months after the date of enactment of this Act, the Commission shall develop a regulatory framework governing interconnection between facilities-based providers and narrowband communication service providers. (2) SCOPE OF REGULATORY FRAMEWORK- The regulatory framework described in paragraph (1) shall apply only in connection with the termination or origination of traffic on narrowband communication service providers facilities. (3) UNIFORM RATE STRUCTURE- The regulatory framework described in paragraph (1)-- (A) shall establish a uniform rate structure governing interconnection between facilities-based providers and narrowband communication service providers; Agenda Item No. 16A8 March 28, 2006 Page 20 of 85 (B) shall apply only in the event narrowband communication service providers cannot agree on the rates, terms, and conditions of interconnection between facilities-based providers and such narrowband communication service providers; and (C) may not require the Commission to use any particular rate-making methodology in establishing the uniform rate structure required by this paragraph. (4) NO STATE AUTHORITY- No State or State commission may establish rates, terms, or conditions governing interconnection between facilities-based providers and narrowband communication service providers regardless of the jurisdictional nature of the underlying traffic involved. (5) CONTENTS OF FRAMEWORK- The regulatory framework described in paragraph (1)-- (A) shall establish reasonable and equitable points of interconnection; (B) shall facilitate narrowband communication service providers efforts to innovate and introduce new services and packages of services to consumers; (C) shall eliminate arbitrage opportunities; (D) shall eliminate intercarrier disputes over the rates, terms, and conditions of direct interconnection; and (E) may not unduly burden electronic commerce. (c) Transiting Service- (1) IN GENERAL- Transiting service providers shall establish commercial arrangements with respect to transiting services. (2) SCOPE OF ARRANGEMENTS- The commercial arrangements described in paragraph (1) shall establish the rates, terms, and conditions for transiting service. (3) EXEMPTION FROM REGULATION- Except as provided in paragraphs (4) and (5), the commercial arrangements described in paragraphs (1) and (2) may not be subject to regulation by the Commission or by the States or State commissions. (4) COMMISSION INTERVENTION FOR TRANSITING SERVICE- (A) ESTABLISHMENT OF REGULATORY FRAMEWORK- Not later than 6 months after the date of enactment of this Act, the Commission shall develop a regulatory framework governing transiting service. (B) APPLICABILITY OF REGULATORY FRAMEWORK- The regulatory framework developed under subparagraph (A) shall apply only in the event agreement cannot be reached on the rates, terms, and conditions for transiting service pursuant to paragraphs (1) and (2). (5) SCOPE OF REGULATORY FRAMEWORK- The regulatory framework described in paragraph (4) shall establish the rates, terms, and conditions on which facilities-based providers shall provide transiting service. (6) NO COMPENSATION OBLIGATION- Transiting service providers shall have no obligation to compensate any party to an indirect interconnection of Agenda Item No. 16A8 March 28, 2006 Page 21 of 85 narrowband communications service providers for the delivery of any transited traffic. (d) Sunset of Regulatory Framework- The regulatory frameworks established under subsections (b) and (c) shall terminate on the day occurring 5 years after the date of enactment of this Act. (e) Notice of Changes- A facilities-based provider of communications service shall provide reasonable public notice of-- (1) changes in the information necessary for the transmission and routing of communications service using such facilities-based provider of communications service facilities or networks; and (2) any other changes that would affect the interoperability of such facilities and networks. (f) Identification of Traffic- Any party seeking to use a facilities-based provider of communications service network to route their traffic through another facilities- based provider of communications service shall, to the extent technically feasible and in a manner consistent with applicable industry standards, identify-- (1) such traffic; and (2) the origin of such traffic. (g) Equal Access- Nothing in this Act shall require any communications service provider, or any other person, that was not required on the date of enactment of this Act to provide equal access to common carriers for the provision of telephone toll services to provide such equal access. SEC. 10. UNBUNDLED ACCESS TO COPPER LOOPS, PHYSICAL COLLOCATION, AND RESALE. (a) Incumbent Local Exchange Carrier Obligations- (1) UNBUNDLED ACCESS- (A) IN GENERAL- An incumbent local exchange carrier shall provide unbundled access to copper local loops on commercially reasonable rates, terms, and conditions. (8) COMMISSION TO RESOLVE DISPUTES- The Commission shall resolve any disputes regarding unbundled access to copper loops as described in subparagraph (A). (C) EXEMPTION- Except as provided in subparagraph (A), no facilities- based provider of communications service shall have any obligation to provide unbundled access to any of its facilities, equipment, or support systems, either individually or in combination. (2) COLLOCATION- (A) IN GENERAL- An incumbent local exchange carrier shall provide physical collocation at the central office of such carrier for access to unbundled copper loops. (8) VIRTUAL COLLOCATION- If the physical collocation described in subparagraph (A) is not practical for technical reasons or due to space Agenda Item No. 16A8 March 28, 2006 Page 22 of 85 limitations, virtual collocation for access to unbundled copper loops shall be required. (3) RESALE- (A) IN GENERAL- An incumbent local exchange carrier shall provide resale of any local narrowband communications service that is subject to regulation under this Act. (B) RESALE RATE- The resale rate applicable to subparagraph (A) shall-- (i) be established by the Commission; and (ii) equal the retail rate for such services less the costs actually avoided. (b) Sunset- The obligations established under subsection (a) shall terminate on January 1, 2011. (c) Report- Not later than January 1, 2009, the Commission shall submit to Congress a detailed report, with recommendations, on whether the obligations established under subsection (a) are in the public interest. SEC. 11. NUMBER PORTABILITY. (a) In General- All communications service providers that use numbers or the successor system assigned by the North American Numbering Plan, or any such successor entity, shall provide number portability to consumers. (b) 5-DAY RULE- The Commission shall develop rules and regulations requiring that numbers be ported in no more than 5 business days. (c) Rulemaking Proceeding- The Commission may commence a rulemaking proceeding if the Commission finds that excessive early cancellation fees charged by communications service providers are hindering the ability of consumers to change providers. SEC. 12. SPECIAL PROVISIONS FOR 2-PERCENT CARRIERS. (a) Opt In/Opt Out- (1) IN GENERAL- Any 2-percent carrier may elect to continue to be subject to Federal and State statutory and regulatory requirements as such requirements existed on the date of enactment of this Act. (2) STUDY AREA BASIS- The election under paragraph (1) may be made only on a study area basis. (b) Rural Exemption- If a communications service provider that is also a rural telephone company, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.c. 153), elects under subsection (a) to continue to be subject to the regulatory requirements in existence on the date of enactment of this Act, such communications service provider shall retain its rural exemption pursuant to section 251(f) of the Communications Act of 1934 (47 U.S.c. 251(f)). Agenda Item No. 16A8 March 28, 2006 Page 23 of 85 (c) NECA Tariffs Unaffected- Nothing in this section precludes or affects any tariff filed by the National Exchange Carrier Association, and any such tariff may continue to include-- (1) all tariffed services in effect on the date of enactment of this Act; and (2) any new service or modifications to existing service typically covered by such tariffs. (d) Negotiation Authority of NECA- For the purpose of conducting and concluding commercial negotiations regarding interconnection arrangements, the National Exchange Carrier Association is authorized to be the negotiating agent for any 2- percent carrier wishing to use the National Exchange Carrier Association for such purpose. SEC. 13. VIDEO SERVICES. (a) Video Service Providers- A video service provider may not be required-- (1) to obtain a State or local video franchise; (2) to build out its video distribution system in any particular manner; or (3) to provide leased or common carrier access to its video distribution facilities and equipment to any other video service provider. (b) State and Local Government Authority to Regulate- (1) REASONABLE FEE- (A) COMPENSATING LOCAL GOVERNMENTS- (i) IN GENERAL- A State or local government may require a video service provider to pay a reasonable video service fee on an annual basis to the units of local government in which the video service provider provides video service for the purpose of compensating such local government for the costs that it incurs in managing the public rights-of-way used by such provider. (ii) AMOUNT OF FEE- The video service fee imposed under clause (i) shall not exceed 5 percent of gross revenues. (B) DEFINITION- For purposes of this paragraph, the term' gross revenues'-- (i) means all consideration of any kind or nature received by a video service provider from its subscribers for the provision of video service within a municipality, including-- (1) cash; (II) credits; (III) property; and (IV) in-kind contributions (services or goods); and (ii) does not include-- (I) revenue not actually received, even if billed, including bad debt; Agenda Item No. 16A8 March 28, 2006 Page 24 of 85 (II) revenue received by any affiliate or any other person in exchange for supplying goods or services used by a video service provider to provide video service; (III) refunds, rebates, or discounts provided to-- (aa) subscribers; (bb) leased access providers; (cc) advertisers; or (dd) the municipality; (IV) revenue from services not classified as video service, including-- (aa) revenue received from telecommunications services; (bb) revenue received from information services; (cc) revenue received in connection with advertising; (dd) revenue received in connection with home shopping services; or (ee) any other revenue attributed by a video service provider to non-video service in accordance with any applicable rules, regulations, standards, or orders; (V) revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the video service; (VI) the sale of video service for resale in which the purchaser of such service is required to collect a 5 percent fee from the customer of such purchaser; (VII) any tax of general applicabilityu (aa) imposed upon a video service provider or upon subscribers by a Federal, State, city, or any other governmental entity; and (bb) required to be collected by a video service provider and remitted to the taxing entity, including-- (AA) sales or use taxes; (BS) gross receipts taxes; Agenda Item No. 16A8 March 28, 2006 Page 25 of 85 (CC) excise taxes; (DD) utility users taxes; (EE) public service taxes; (FF) communication taxes; and (GG) the 5 percent fee described in subclause (VI); (VIII) the provision of video service to public institutions, public schools, or governmental entities at no charge; (IX) any foregone revenue from the provision of free or reduced-cost video service by a video service provider to any person, including-- (aa) the municipality; (bb) other public institutions; and (cc) other institutions; (X) sales of capital assets or sales of surplus equipment; (XI) reimbursement by programmers of marketing costs incurred by a video service provider for the introduction or promotion of programming; (XII) directory or Internet advertising revenue, including revenue from-- (aa) yellow page sales; (bb) white page sales; (cc) banner advertisement; and (dd) electronic publishing; and (XIII) copyright fees paid to the United States Copyright Office. (2) RIGHTS-OF-WAY DISPUTES TO BE RESOLVED BY THE COMMISSION OR FEDERAL COURTS- Any dispute regarding the application or amount of fees charged under paragraph (1) shall, upon request of a local unit of government or affected video service provider, be resolved-- (A) by the Commission; or Agenda Item No. 16A8 March 28, 2006 Page 26 of 85 (B) by filing a claim in the district court of the United States that meets applicable requirements relating to venue under section 1931 of title 28, United States Code. (3) STATE ADJUSTMENT OF FEES AND TAXES- (A) IN GENERAL- A video service provider may petition the Commission for a reduction of the fee paid by such provider under this subsection, if a State adjusts the fees and taxes paid by communications service providers or their customers for the pu rpose of-- (i) providing fairness; (ii) equality of treatment; or (iii) simplification of the fees and taxes of such providers relative to each other or to other commercial and industrial tax payers in general within such State. (B) COMMISSION ACTION ON PETITION- The Commission shall act on any petition described in subparagraph (A) not later than 60 days after its receipt. (C) GRANT OF PETITION- The Commission shall grant a petition described in subparagraph (A) if and to the extent it determines that the fees paid by a video service provider should be reduced in order to achieve the purposes of fairness, equality of treatment, or simplification described in subparagraph (A). (4) FEE APPEARANCE ON SUBSCRIBER'S BILL- A video service provider may designate that portion of a subscriber's bill attributable to a video service fee as a separate item on the subscriber's bill. (c) Applicability of Title VI of the Communications Act; Cable Act Provisions- (1) OBLIGATIONS AND DUTIES- Any video service provider shall-- (A) not be subject to any provision of title VI of the Communications Act of 1934 (47 U.s.c. 521 et seq.), except as otherwise provided in this paragraph; (B) be subject to the retransmission consent obligations of section 325(b) of the Communications Act of 1934 (47 U.S.c. 325(b)); (C) carry and determine the appropriate channel positioning and grouping of, within each local franchise area, not more than 4 public, educational, or governmental use channels as required under section 611 of such Act (47 U.S.c. 531); (D) carry the signals of local commercial television stations as required under section 614 of such Act (47 U.S.c. 534); (E) carry the signals of local noncommercial educational television stations as required under section 615 of such Act (47 U.S.c. 535); (F) be subject to the regulation of carriage agreements under section 616 of such Act (47 U.S.c. 536); (G) be subject to the requirements regarding obscene or indecent programming under section 624(d)(2) of such Act (47 U.S.c. 544(d)(2)); Agenda Item No. 16A8 March 28, 2006 Page 27 of 85 (H) be entitled to the benefits and protections under section 624(f)(1) c. such Act (47 U.S.c. 544(f)(1)) regarding the content of video service; (1) be subject to the emergency information requirements under section 624(g) of such Act (47 U.s.c. 544(g)); (J) be subject to the consumer electronics equipment capability requirements under section 624A of such Act (47 U.S.c. 545); (K) be entitled to the benefits and protections under section 628 of such Act (47 U.S.c. 548); (L) be subject to the requirements under section 629 of such Act (47 U.S.c. 549); (M) protect the personally identifiable information of its subscribers in the same manner as is required of cable operators with respect to subscribers to cable services under section 631 of such Act (47 U.S.c. 551); (N) be entitled to the benefits and protections under section 633 of such Act (47 U .S.c. 553); (0) be subject to the equal employment provisions as required under subsections (a) through (h) of section 634 of such Act (47 U.S.c. 554); (P) be subject to criminal or civil liability under section 638 of such Act (47 U.S.c. 558); (Q) be subject to the penalties prescribed for the transmission of obscene programming under section 639 of such Act (47 U.S.c. 559); and (R) be required to comply with the scrambling requirements under section 640 of such Act (47 U.S.c. 560). (2) DETERMINATIONS OF LOCAL SIGNALS- For purposes of complying with subparagraphs (C) and (D) of paragraph (1), a video service provider shall treat as local stations with respect to a customer located within the jurisdiction of any franchising authority the same stations that are treated as local television stations for a cable system located within such jurisdiction. (3) IMPLEMENTATION- (A) REGULATIONS REQUIRED- Not later than 120 days after the date of enactment of this Act, the Commission shall prescribe regulations to implement the requirements of paragraph (1) that are no greater or lesser than the obligations required by the specifically referenced provisions of the Communications Act of 1934 (47 U.S.c. 151 et seq.). (8) EFFECTIVE DATE OF REGULATIONS- The regulations required under subparagraph (A) shall take effect 6 months after the date of enactment of this Act. (4) EXISTING FRANCHISES- (A) IN GENERAL- Any provision in any franchise granted by a franchising authority that is inconsistent with the provisions of this Act shall be deemed to be preempted and superseded. Agenda Item No. 16A8 March 28, 2006 Page 28 of 85 (B) TREATMENT AS A VIDEO SERVICE PROVIDER- A cable operator operating under the authority of any franchise described in subparagraph (A) prior to the date of enactment of this Act shall be treated as a video service provider under this Act. (5) CABLE CHANNELS FOR PUBLIC, EDUCATIONAL, AND GOVERNMENTAL USE- The governmental entity that was the franchising authority for a State or a political subdivision of a State on the date of enactment of this Act, shall for that State or political subdivision determine which public, educational, or governmental entities shall be authorized to designate the channels required under paragraph (l)(C). (6) CONSUMER PROTECTION AND CUSTOMER SERVICE- (A) REGULATIONS REQUIRED- Not later than 120 days after the date of enactment of this Act, the Commission shall establish regulations with respect to customer service and consumer protection requirements of the video service provider. (B) EFFECTIVE DATE OF REGULATIONS- The regulations required under subparagraph (A) shall take effect 6 months after the date of enactment of this Act. (7) STATE COMMISSION AUTHORITY- (A) IN GENERAL- Notwithstanding any other provision of this Act, a State commission shall have the authority to enforce the requirements of paragraph (6)(A). (B) LOCAL POINT OF CONTACT-Each State commission shall designate a local point of contact, which residents of such geographic area may contact to alert such State commission of any potential violations of the requirements and obligations established under paragraph (6)(A). (C) LIMITATION ON CLASS ACTIONS- No class action alleging a violation of the obligations set forth in the regulations established by the Commission under paragraph (6)(A) shall be maintained under this subsection by an individual or any private party in Federal or State cou rt. (D) PARENS PATRIAE AUTHORITY- In any case in which a State commission has reason to believe that an act or practice violates the obligations set forth in the regulations established by the Commission under paragraph (6)(A), the State commission may bring a civil action on behalf of the residents within its jurisdiction in a district court of the United States of appropriate jurisdiction, or any other court of competent jurisdiction, to-- (i) enjoin the act or practice; (ii) obtain-- (1) damages in the sum of actual damages, restitution, or other compensation on behalf of affected residents of the State; and Agenda Item No. 16A8 March 28, 2006 Page 29 of 85 (II) punitive damages, if the violation is willFul or intentional; or (iii) obtain such other legal and equitable relief as the court may consider to be appropriate. (E) VENUE; SERVICE OF PROCESS- (i) VENUE- Any action brought under this paragraph may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1931 of title 28, United States Code. (ii) SERVICE OR PROCESS- In an action brought under this paragraph, process may be served in any district in which the defendant-- (1) is an inhabitant; or (II) may be found. (F) LIMITATION- A State commission that is authorized to enforce the requirements of paragraph (6) may not be authorized to impose additional obligations beyond those established by the Commission in paragraph (6)(A). (d) Commission to Act if State Commission Will Not Act- If a State commission Fails to carry out its enForcement responsibilities under subsection (c)(7), the Commission shall-- (1) issue an order preempting the jurisdiction of the State commission; and (2) assume exclusive enforcement authority. (e) Ability to Manage Public Rights-oF-Way- (1) IN GENERAL- Except as provided in this section, nothing in this Act shall affect the authority of a State or local government to manage the public right- of-way in a manner that is-- (A) non-discriminatory; (B) competitively neutral; and (C) consistent with applicable State law. (2) CONSTRUCTION PERMITS- (A) IN GENERAL- In managing the public rights-oF-way a State or local government may require the issuance of a construction permit, without cost, to a video service provider that is locating facilities in such public right-oF-way. (B) RESPONSE WORK OR REPAIR- IF there is an emergency necessitating response work or repair in the public right-oF-way, a video service provider may begin such work or repair without prior approval From a State or local government, if such provider notiFies the State or local government as promptly as possible after beginning such work or repair. (3) TIMELY ACTION REQUIRED- In managing the public rights-of-way a State or local government that is required to issue permits or licenses for such use shall be required to act upon any such request for use in a timely manner. Agenda Item No. 16A8 March 28, 2006 Page 30 of 85 (4) NEW ROADS- Nothing in this section shall effect the ability of a State or local government to impose reasonable limits on access to public rights-of- way associated with newly constructed roads. (f) Conforming Amendments to the Communications Act of 1934- (1) POLE ATTACHMENTS- Section 224 of the Communications Act of 1934 (47 U.S.c. 224) is amendedn (A) in subsection (a)(l), by striking' local exchange carrier' and inserting 'telecommunications carrier'; (B) by striking subsections (a)(5) and (d)(3); (C) in subsection (d)(3), in the first sentence by striking all after' cable television system' through the period at the end and inserting' and facilities of other video service providers, regardless of the nature of the services provided.'; and (D) by adding at the end the following: , (j) Wireless Service Facility Exemption- Nothing in this section applies to a wireless service facility, including to towers of a provider of mobile services.'. (2) CARRIAGE OF LOCAL COMMERCIAL TELEVISION SIGNALS- Section 614(b)(4) of the Communications Act of 1934 (47 U.S.c. 534(b)(4)) is amended to read as follows: '(4) SIGNAL QUALITY- '(A) NON-DEGRADATION- The signals of local commercial television stations that a cable operator carries shall be carried without material degradation. , (B) CARRIAGE STANDARDS- The Commission shall adopt carriage standards to ensure that, to the extent technically feasible, the quality of signal processing and carriage provided by a cable system for the carriage of local commercial television stations will be no less than that provided by the system for carriage of any other type of broadcast local commercial television signal when using the same transmission technology.' . (3) CARRIAGE OF NONCOMMERCIAL EDUCATIONAL TELEVISION- Section 615(g)(2) of the Communications Act of 1934 (47 U,S.c. 535(g)(2)) is amended to read as follows-- , (2) BANDWITH AND TECHNICAL QUALITY- A cable operator shalln , (A) provide each qualified local non-commercial television station whose signal is carried in accordance with this section with bandwith and technical capacity equivalent to that provided to commercial television stations carried on the cable system when using the same transmission technology; and '(B) carry the signal of each qualified local non-commercial educated television station without material degradation, I. (4) DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION- Section 628 of the Communications Act of 1934 (47 U,S.c. 548) is amended to read as follows: Agenda Item No. 16AS March 2S, 2006 Page 31 of 85 "SEC. 628. DEVELOPMENT OF COMPETITION AND DIVERSITY IN VIDEO PROGRAMMING DISTRIBUTION. '(a) Purpose- The purpose of this section is-- , (1) to promote the public interest, convenience, and necessity by increasing competition and diversity in the multichannel video programming market; , (2) to increase the availability of MVPD programming and satellite broadcast programming to persons in rural and other areas not currently able to receive such programming; and , (3) to spur the development of communications technologies. '(b) Prohibition- It shall be unlawful for an MVPD, an MVPD programming vendor in which an MVPD has an attributable interest, or a satellite broadcast programming vendor to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any MVPD from providing MVPD programming or satellite broadcast programming to subscribers or consumers, , (c) Regulations Required- '(1) PROCEEDING REQUIRED- Not later than 180 days after the date of enactment of the Broadband Investment and Consumer Choice Act, the Commission shall prescribe regulations to specify particular conduct that is prohibited by subsection (b), in order to promote-- , (A) the public interest, convenience, and necessity by increasing competition and diversity in the multichannel video programming market; and '(6) the continuing development of communications technologies, '(2) MINIMUM CONTENTS OF REGULATION- The regulations required under paragraph (1) shalln , (A) establish effective safeguards to prevent an MVPD which has an attributable interest in an MVPD programming vendor or a satellite broadcast programming vendor from unduly or improperly influencing the decision of such vendor to sell, or the prices, terms, and conditions of sale of, MVPD programming or satellite broadcast programming to any unaffiliated MVPD; '(6) prohibit discrimination by an MVPD programming vendor in which an MVPD has an attributable interest or by a satellite broadcast programming vendor in the prices, terms, and conditions of sale or delivery of MVPD programming or satellite broadcast programming among or between cable systems, cable operators, or other MVPDs, or their agents or buying groups, except that an MVPD programming vendor in which an MVPD has an attributable interest or such a satellite broadcast programming vendor shall not be prohibited from-- , (i) imposing reasonable requirements for-- , (I) creditworthiness; , (II) offering of service; and Agenda Item No. 16AS March 2S, 2006 Page 32 of 85 , (III) financial stability and standards regarding character and technical quality; , (ii) establishing different prices, terms, and conditions to take into account actual and reasonable differences in the cost of creation, sale, delivery, or transmission of MVPD programming or satellite broadcast programming; , (iii) establishing different prices, terms, and conditions which take into account economies of scale, cost savings, or other direct and legitimate economic benefits reasonably attributable to the number of subscribers served by the distributor; or , (iv) entering into an exclusive contract that is permitted under subparagraph (D); , (C) prohibit practices, understandings, arrangements, and activities, including exclusive contracts for MVPD programming or satellite broadcast programming between an MVPD and an MVPD programming vendor or satellite broadcast programming vendor, that prevent an MVPD from obtaining such programming from any MVPD programming vendor in which an MVPD has an attributable interest or any satellite broadcast programming vendor in which an MVPD has an attributable interest for distribution to persons in areas not served by an MVPD as of the date of enactment of the Broadband Investment and Consumer Choice Act; and , (D) with respect to distribution to persons in areas served by an MVPD, prohibit exclusive contracts for MVPD programming or satellite broadcast programming between an MVPD and an MVPD programming vendor in which an MVPD has an attributable interest or a satellite broadcast programming vendor in which an MVPD has an attributable interest, unless the Commission determines (in accordance with paragraph (4)) that such contract is in the public interest. , (3) LIMITATIONS- , (A) GEOGRAPHIC LIMITATIONS- Nothing in this section shall require any person who is engaged in the national or regional distribution of video programming to make such programming available in any geographic area beyond which such programming has been authorized or licensed for distribution. , (B) APPLICABILITY TO SATELLITE RETRANSMISSIONS- Nothing in this section shall apply-- , (i) to the signal of any broadcast affiliate of a national television network or other television signal that is retransmitted by satellite but that is not satellite broadcast programming; or , (ii) to any internal satellite communication of any broadcast network or cable network that is not satellite broadcast programming. Agenda Item No. 16A8 March 28, 2006 Page 33 of 85 , (C) EXCLUSION OF INDIVIDUAL VIDEO PROGRAMS- Nothing in this section shall apply to a specific individual video program produced by an MVPD for local distribution by that MVPD and not made available directly or indirectly to unaffiliated MVPDs, if-- , (i) all other video programming carried on a programming channel or network on which the individual video program is carried, is made available to unaffiliated MVPDs pursuant to paragraph (2)(D); and '(ii) such specific individual video program is not the transmission of a sporting event. , (D) MVPD SPORTS PROGRAMMING- The prohibition set forth in paragraph (2)(D), and the rules adopted by the Commission pursuant to that paragraph, shall apply to any MVPD programming that includes the transmission of live sporting events, irrespective of whether an MVPD has an attributable interest in the MVPD programming vendor engaged in the production, creation, or wholesale distribution of such MVPD programming, '(4) PUBLIC INTEREST DETERMINATIONS ON EXCLUSIVE CONTACTS- In determining whether an exclusive contract is in the public interest for purposes of paragraph (2)(D), the Commission shall consider with respect to the effect of such contract on the distribution of video programming in areas that are served by an MVPD-- , (A) the effect of such exclusive contract on the development of competition in local and national multichannel video programming distribution markets; , (B) the effect of such exclusive contract on competition from multichannel video programming distribution technologies other than cable; , (C) the effect of such exclusive contract on the attraction of capital investment in the production and distribution of new MVPD programming; , (D) the effect of such exclusive contract on diversity of programming in the multichannel video programming distribution market; and , (E) the duration of the exclusive contract, , (5) SUNSET PROVISION- The prohibition required by paragraph (2)(D) shall cease to be effective 10 years after the date of enactment of the Broadband Investment and Consumer Choice Act, unless the Commission finds, in a proceeding conducted during the last year of such 10-year period, that such prohibition continues to be necessary to preserve and protect competition and diversity in the distribution of video programming. , (d) Adjudicatory Proceeding- '(1) IN GENERAL- An MVPD aggrieved by conduct that it alleges constitutes a violation of subsection (b), or the regulations of the Commission under Agenda Item No. 16AS March 28, 2006 Page 34 of 85 subsection (c), may commence an adjudicatory proceeding at the Commission. , (2) REQUEST FOR PRODUCTION OF AGREEMENTS- In any proceeding initiated under paragraph (1), the Commission shall request from a party, and the party shall produce, such agreements between the party and a third party relating to the distribution of MVPD programming that the Commission believes to be relevant to its decision regarding the matters at issue in such adjudicatory proceeding. , (3) CONFIDENTIALITY TO BE MAINTAINED- The production of any agreement under paragraph (2) and its use in a Commission decision in the adjudicatory proceeding under paragraph (1) shall be subject to such provisions ensuring confidentiality as the Commission may by regulation determine, '(e) Remedies for Violations- , (1) REMEDIES AUTHORIZED- Upon completion of an adjudicatory proceeding under subsection (d), the Commission shall have the power to order appropriate remedies, including, if necessary, the power to establish prices, terms, and conditions of sale of programming to an aggrieved MVPD. , (2) ADDITIONAL REMEDIES- The remedies provided under paragraph (1) are in addition to any remedy available to an MVPD under title V or any other provision of this Act. , (f) Procedures- '(1) IN GENERAL- The Commission shall prescribe regulations to implement this section, , (2) CONTENT OF REGULATIONS- The regulations required under paragraph (1) shall-- , (A) provide for an expedited review of any complaints made pursuant to this section, including the issuance of a final order terminating such review not later than 120 days after the date on which the complaint was filed; , (B) establish procedures for the Commission to collect such data as the Commission requires to carry out this section, including the right to obtain copies of all contracts and documents reflecting arrangements and understandings alleged to violate this section; and '(C) provide for penalties to be assessed against any person filing a frivolous complaint pursuant to this section. , Cg) Reports- The Commission shall, beginning not later than 18 months after promulgation of the regulations required by subsection (c), annually report to Congress on the status of competition in the market for the delivery of video programming. , (h) Exemptions for Prior Contracts- '(1) IN GENERAL- Nothing in this section shall affect-- Agenda Item No. 16A8 March 28, 2006 Page 35 of 85 , (A) any contract that grants exclusive distribution rights to any person with respect to satellite cable programming and that was entered into on or before June 1, 1990; or , (B) any contract that grants exclusive distribution rights to any person with respect to MVPD programming that is not satellite cable programming and that was entered into on or before July 1, 2003, except that the provisions of subsection (c)(2)(C) shall apply for distribution to persons in areas not served by an MVPD. , (2) LIMITATION ON RENEWALS- '(A) SATELLITE CABLE PROGRAMMING CONTRACTS- A contract pertaining to satellite cable programming or satellite broadcast programming that was entered into on or before June 1, 1990, but that is renewed or extended after the date of enactment of the Broadband Investment and Consumer Choice Act shall not be exempt under paragraph (1). , (B) MVPD PROGRAMMING CONTRACTS- A contract pertaining to MVPD programming that is not satellite cable programming that was entered into on or before July 1, 2003, but that is renewed or extended after the date of enactment of the Broadband Investment and Consumer Choice Act shall not be exempt under paragraph (1), '(i) Definitions- As used in this section: '(1) MVPD- The term' MVPD' means multichannel video programming distributor. '(2) MVPD PROGRAMMING- The term' MVPD programming' includes the following: , (A) DIRECT RECEIPT- Video programming primarily intended for the direct receipt by MVPDs for their retransmission to MVPD subscribers (including any ancillary data transmission), , (B) ADDITIONAL PROGRAMMING- '(i) IN GENERAL- Additional types of programming content that the Commission determines in a rulemaking proceeding to be completed not later than 120 days from the date of enactment of the Broadband Investment and Consumer Choice Act, as of the time of such rulemaking, of a type that is-- , (I) primarily intended for the direct receipt by MVPDs for their retransmission to MVPD subscribers, regardless of whether such programming content is-- , (aa) digital or analog; , (bb) compressed or uncompressed; , (cc) encrypted or unencrypted; or Agenda Item No. 16A8 March 28, 2006 Page 36 of 85 '(dd) provided on a serial, pay-per-view, or on demand basis; and , (II) without regard to the end user device used to access such programming or the mode of delivery of such programming content to MVPDs, , (ii) CONSIDERATIONS- In making the determination under clause (i), the Commission shall consider the effect of technologies and services that combine different forms of content so that certain content or programming is not included within the meaning of MVPD programming solely because it is integrated with other content that is of a type that is primarily intended for the direct receipt by MVPDs for their retransmission to MVPD subscribers. , (iii) MODIFICATION OF PROGRAMMING DEFINED AS MVPD PROGRAMMING- At any time after 3 years following the conclusion of the rulemaking proceeding required under clause (ii), any interested MVPD or MVPD programming vendor may petition the Commission to modify the types of additional programming content included by the Commission within the definition of MVPD programming in light of-- , (I) the purpose of this section; , (II) market conditions at the time of such petition; and , (III) the factors to be considered by the Commission under clause (ii). '(3) MVPD PROGRAMMING VENDOR- The term' MVPD programming vendor'-- , (A) means a person engaged in the production, creation, or wholesale distribution for sale of MVPD programming; and , (B) does not include a satellite broadcast programming vendor. '(4) SATELLITE BROADCAST PROGRAMMING- The term' satellite broadcast programming' means broadcast video programming when-- , (A) such programming is retransmitted by satellite; and , (B) the entity retransmitting such programming is not the broadcaster or an entity performing such retransmission on behalf of and with the specific consent of the broadcaster. , (5) SATELLITE BROADCAST PROGRAMMING VENDOR- The term' satellite broadcast programming vendor' means a fixed service satellite carrier that provides service pursuant to section 119 of title 17, United States Code, with respect to satellite broadcast programming. , (6) SATELLITE CABLE PROGRAMMING- The term' satellite cable programming' has the same meaning as in section 705, except that such term does not include satellite broadcast programming, , (7) SATELLITE CABLE PROGRAMMING VENDOR- The term' satellite cable programming vendor'-- Agenda Item No. 16AS March 2S, 2006 Page 37 of 85 , (A) means a person engaged in the production, creation, or wholesale distribution for sale of satellite cable programming; and , (B) does not include a satellite broadcast programming vendor. , (j) Common Carriers- '(1) IN GENERAL- Any provision that applies to an MVPD under this section shall apply to a common carrier or its affiliate that provides video programming by any means directly to subscribers. , (2) ATTRIBUTABLE INTEREST- Any provision that applies to an MVPD programming vendor in which an MVPD has an attributable interest shall apply to any MVPD programming vendor in which such common carrier has an attributable interest, , (3) LIMITATION- For the purposes of this subsection, 2 or fewer common officers or directors shall not by itself establish an attributable interest by a common carrier in an MVPD programming vendor (or its parent company),', (5) REGULATIONS REQUIRED- Not later than 180 days after the date of enactment of this Act, the Commission shall prescribe such regulations as may be necessary to implement the amendments made by this section. (g) Rulemaking on Section 629- Not later than January 1, 2008, the Commission shall conduct a proceeding to determine the appropriateness of the requirements under subsection (c)(l)(L) taking into account changes and advancements in technology, SEC. 14. COPYRIGHT LIMITATIONS ON EXCLUSIVE RIGHTS VIDEO SERVICE PROVIDERS. Section 111 of title 17, United States Code, shall for purposes of this Act be deemed to extend to any secondary transmission, as that term is defined in section 111, made by a video service provider. SEC. 15. MUNICIPALLY OWNED NETWORKS. (a) Protection Against Undue Government Competition With Private Sector- Any State or local government seeking to provide communications service shall-- (1) provide conspicuous notice of the proposed scope of the communications service to be provided, including-- (A) cost; (B) services to be provided; (C) coverage area; (D) terms; and (E) architecture; and (2) give a detailed accounting of all proposed accommodations that such government owned communications service would enjoy, including-- (A) any free or below cost rights-of-way; (B) any beneficial or preferential tax treatment; Agenda Item No. 16AS March 28, 2006 Page 38 of 85 (C) bonds, grants, or other source of funding unavailable to non- governmental entities; and (D) land, space in buildings, or other considerations. (b) Open Bids Must Be Made Available for Non-Governmental Entities- Not later than 90 days after posting of the notice required under subsection (a)(l), a non- governmental entity shall have the option of participating in an open bidding process conducted by a neutral third party to provide such communications service on the same terms, conditions, financing, rights-of- way, land, space, and accommodations as secured by the State or local government. (c) Preference for Non-Governmental Entities- In the event of identical bids under subsection (b), the neutral third party conducting the bidding process shall give preference to a non-governmental entity. (d) Open Access to Non-Governmental Entities- If a State or local government wins the bid under subsection (b), a non-governmental entity shall have the ability to place facilities in the same conduit, trenches, and locations as the State or local government for concurrent or future use under the same conditions secured by the State or local government. (e) Grandfather Clause- A State or local government providing communications service as of the date of enactment of this Act shall be exempt from this section, unless such State or local government-- (1) substantially enters into new lines of business; or (2) substantially expands it communications service beyond its current service area, as such service area existed upon the date of enactment of this Act. END THOMAS Home I Contact I Accessibility I Leoal I ELrstGov Agenda Item No. 16AS March 2S, 2006 Page 39 of 85 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the matter of ) ) ) ) ) ) ) MB Docket No, 05-311 Implementation of Section 621 (a)(l) ofthe Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 COMMENTS OF THE NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS, THE NATIONAL LEAGUE OF CITIES, THE NATIONAL ASSOCIATION OF COUNTIES, THE U.S. CONFERENCE OF MAYORS, THE ALLIANCE FOR COMMUNITY MEDIA, AND THE ALLIANCE FOR COMMUNICATIONS DEMOCRACY James N. Horwood Tillman L. Lay Ruben D. Gomez SPIEGEL & McDIARMID 1333 New Hampshire Avenue, N,W. Second Floor Washington, D.C. 20036 (202) 879-4000 Counsel for NA TOA et al. Dated: February 13, 2006 NATOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 40 of 85 TABLE OF CONTENTS SUMMARy........ ............. ..... ...... ........... ....... ....... .... .................. ...... .............. ..... ....... .............. iii INTR 0 D U CTI ON.. ............. ................. ............. ........................ ..... ........ ...... ..... ..... ... ...............3 I. THE COMMISSION LACKS LEGAL AUTHORITY TO CONSTRUE OR ENFORCE SECTI ON 621 (a )(1). ....... ...........................................................................4 A. Section 635(a) Gives Jurisdiction Over Section 621(a)(1) To The Courts, Not The FCC. ....... ................................. .......................................... .................... 5 1. The NPRM's Claim of Legal Authority To Implement Section 621(a)(1) Ignores The Plain Language of Title VI. ....................... 5 B. The Relevant Legislative Histories Indicate That Section 621 (a)(1) Jurisdiction Rests With The Courts. ...................................................................12 I. The 1984 A ct. ...................,..................................................................... 13 2. The 1992 Act. .................................................. ............................. .......... 14 C, Contrary To The NPRM's Suggestion, City Of Chicago Lends No Support To The Claim That FCC Has Section 621(a)(1) Jurisdiction. ................16 D, The NP RM Erroneously Invokes Non-Title VI Sources Of Authority To Assert Section 62 I (a)(1) Jurisdiction, ........................................................... 17 1. Section 1 and Section 4(i) Authority....................................................... 18 2. Section 706 Authority. ............................................,........,..................... 19 II. EVEN IF THE FCC HAD JURISDICTION, CHEVRON DEFERENCE WOULD NOT APPLY TO ITS CONSTRUCTION OF SECTION 621 (a )(1 )................ ........................... ........................ .................................. 20 III. THERE IS NO CREDIBLE EVIDENCE THAT LFAs HAVE UNREASONABL Y REFUSED TO GRANT COMPETITIVE FRANCHISES.......21 A. The Dearth of Precedent in the Fourteen Years Since Section 621(a)(1) Was Amended Strongly Indicates That There Is No Significant Problem JustifYing FCC Action. ..................................................,................................................... 22 B. The Telecommunications Act Of 1996 Gave ILECs - and More Particularly, The RBOCs - Four Different Ways To Enter The Multichannel Video Market, Yet For Most Of The Past Ten Years, The RBOCs Have Done Little, If Anything, To Exploit That Opportunity................................................ 24 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 41 of 85 C. A Franchise Is A Contract That The Cable Act Requires To Be Responsive To Local Cable-Related Community Needs And Interests, Not A Form Nationwide Contract, Which Is What The RBOCs Appear To Demand. ............26 IV. THE NPRM'S PROPOSED RULES ARE BEYOND THE FCC'S AUTHORITY TO ADOPT AND WOULD BE ARBITRARY AND CAPRI CI 0 U S. ............... ................. ................... ........ ........................................30 A. Section 621(a)(1) Prohibits Only The Denial of A Competitive Franchise.......... 30 B. The NPRM Correctly Recognizes The Important Public Policy Goals Of Sections 621 (a)(3), 621 (a)( 4 )(A) And 621 (a)( 4 )(B)...... ........... ..... ... .............. 32 1, Franchise Buildout Requirements, ....,..................................................... 32 2. Franchise PEG and I-Net Requirements...........................,................,...,. 34 C. The FCC Has No Authority To Adopt Rules Or Best Practices Concerning' Section 621 (a)( 1). .............. ........................... ......... ........... ..........,..... ................. 35 D, That A Franchise Applicant May Already Be In The Rights-Of- Way Does Not Change The Cable Act Requirement That A Cable Operator Must Satisfy Local Cable-Related Needs And Interests. ................................................................... 37 CON CL USI ON .. ............. ... ................ ................ ..................... ........................................ ........ 39 11 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 42 of 85 SUMMARY While the FCC may have a useful role to play by gathering data about local franchising, Title VI gives the Commission no authority to adopt rules to implement S 62 1 (a)(l) or to adjudicate disputes arising under S 621(a)(l). Rather, the language of s621(a)(I) and S 635(a) makes plain that Congress gave authority over S 621 (a)(l) to the courts, not the FCC. Moreover, even if the FCC had authority to interpret or enforce S 621 (a)(l), its jurisdiction would at most be concurrent with that ofthe courts; thus the Commission's interpretation of S 62 1 (a)(l) would be entitled to no deference by the courts. The cable franchising process is inherently local and fact-specific, because the Cable Act decrees that cable franchises must ensure that "cable systems are responsive to the needs and interests ofthe local community," 47 U,S.c. S 521(2), A "one-size-fits-all" approach is antithetical to what Congress envisioned the cable franchising process to be, and Congress' decision was a wise one, But regardless whether the FCC or industry agrees, the Commission is powerless to alter the local, community-specific approach to cable franchising that Congress endorsed in the Cable Act. LF As nationwide welcome competition and are eager to issue additional franchises to compete with incumbent cable operators. The evidence supporting this conclusion is rather comprehensive on a nationwide scale (the only scale that should be of any relevance to the FCC here) , The conclusion that LFAs have embraced the policy behind S 621(a)(l) is further supported by the remarkable dearth of reported precedent concerning S 621(a)(1) in general, and its "unreasonable refusal" provision in particular, in the nearly fourteen years since it was 111 NATOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 43 of 85 enacted. Thus, the NPRMs proposal to adopt rules implementing 9 621(a)(1) is a solution in search of a problem. LF A franchising decisions are made by elected legislative bodies - city councils, county councils and commissions, and town councils. The Commission can rest assured that LFAs' constituents want cable competition. That is a far more effective, and democratic, check on unreasonable refusals to award competitive franchises than any FCC rules could ever provide. A principal moving force behind the NPRM appears to be complaints to the FCC by AT &T (formerly SBe), Verizon and other RBOCs about the supposed difficulties they claim to have encountered in the local franchising process. While we welcome the RBOCs' belated interest in finally entering the market to compete with incumbent cable operators, the Commission should not be misled by attempts to shift blame to LF As for delays resulting from the RBOCs' own business decisions. The 1996 Act repealed the telephone-cable crossownership prohibition and gave the RBOCs (and other ILECs) not one, but four different means to enter the multichannel video market. Yet, for eight or more of the nearly ten years since the 1996 Act was passed, the RBOCs, and especially AT&T and Verizon, made no serious effort to enter the multichannel video market as a cable operator, a video common carrier or an open video system operator, AT &T (in its former incarnation as SBC), not only did not pursue entry into the cable market, but took affirmative steps to exit that market. Although RBOCs such as Verizon and AT&T were certainly free to make their own business decisions not to enter (or to exit) the cable market despite the invitation Congress gave them in the 1996 Act, they are not free - or at least certainly should not be free - to turn around and blame LF As and the local franchising process for the IV NATOA et al. February 13,2006 Agenda Item No. 16AS March 28, 2006 Page 44 of 85 consequences of their own business decisions to delay entry into (and in AT&T's case, to exit) the market. The short answer to the NPRMs question, "should cable servIce requirements vary greatly from jurisdiction to jurisdiction?," is "yes." Indeed, not only should such requirements vary, the Cable Act decrees that they must vary, for the Act is built on the principle that cable systems must be "responsive to the needs and interests of the local community." The RBOCs' complaint about how long it supposedly takes to obtain a franchise rests on mischaracterizations and willful balking at the locally-oriented nature of cable franchising that the Cable Act requires. AT&T is in no position to complain about the length of the franchising process. It has never bothered to try. Verizon, unlike AT&T, has sought franchises. We have no doubt that Verizon (and any other newcomer) would be able to obtain local franchises almost as quickly as it wants (and certainly faster than Verizon and AT&T have to date been able to provide cable service on a commercial basis in the markets they seek to enter) if the new provider were willing to agree to franchise terms comparable to those imposed on the incumbent cable operator, Thus, the issue is not whether LF As are eager to grant competitive franchises; LF As unquestionably are. The issue is how willing parties like Verizon are to agree to franchise terms that are, as the Cable Act requires, responsive to local community cable-related needs and interest. Verizon's complaints about supposed "delay" in the franchising process are thus, in many respects, really a complaint about the local community needs-based model of franchising that is one of the cornerstones of the Cable Act. The FCC should not, and cannot, rewrite the Cable Act to suit industry's preferences. v NATOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 45 of 85 The S 621(a)(3) prohibition on red-lining and the S 621(a)(4)(A) requirement of a reasonable time to build out a cable system embody the Cable Act's policy of encouraging cable system buildout. And it is a policy that has served the nation well, Cable modem service is the most widely available form of broadband available to Americans today, and local franchise buildout requirements had a hand in that. While franchise buildout requirements do (and should) vary from community to community based on such factors as geographic size, topography, household density, and neighborhood dispersion, such buildout requirements typically have two critical features that are designed to make buildout as widespread as possible while, at the same time, accommodating economic constraints faced by the cable operator. First, buildout requirements typically have a household density limitation. Second, buildout requirements also invariably provide the operator with a time period to complete building out its system in the franchise area, When properly understood, buildout requirements should be a problem for the RBOCs only if their business plans are to provide new service only to selected demographic neighborhoods of a community. But if that is indeed the business plan, then local franchise buildout requirements will be essential if the Cable Act's goals are to be protected. Public, educational and governmental ("PEG") access channel capacity, facilities and equipment requirements, along with institutional network ("I-Net") requirements, are among the most vital elements of the local community cable-related needs and interests that the Cable Act was designed to preserve and protect. Because they are based on each community's own unique local needs, PEG and I-Net requirements vary considerably from community to community. And that is precisely what Congress intended. VI NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 2S, 2006 Page 46 of 85 Title VI certainly cannot plausibly be construed to grant the FCC authority to become a sort of national franchising authority or national LF A oversight board, either generally or, particularly, in the case of local franchising decisions under S 621(a)(1). Yet that is what adoption of Commission rules or "best practices" with respect to S 621(a)(I) would be. The NPRM (at ~ 22) questions how what it claims is the "primary justification for a cable franchise" - an LF A's "need to regulate and receive compensation for the use of public rights-of-way" - "applies" in the case of franchise applicants, such as ILECs, that are already authorized to use those rights-of-way ("ROW") to provide telephone service. This question reflects a disturbingly flawed and crabbed understanding of the public obligations embodied in local cable franchising that the Cable Act preserves. To be sure, the fact that a competitive franchise applicant is also the local ILEC will have an effect on the local franchising process. In the case of a local ILEC applicant, for instance, inquiry into the applicant's financial, technical and legal qualifications can usually be dispensed with. But an applicant's status as a local ILEC would have little or no affect on other aspects of cable franchising. PEG and I-Net requirements, for example, would be unaffected, The same would be true of franchise fee requirements, customer service standards, buildout requirements and police power requirements. These are requirements that the Cable Act has decreed are necessary if a cable system is to be truly responsive to local community needs and interests. This structure ensures that at least one form of local media is in fact locally-responsive in what has become an era of increasingly consolidated, "cookie-cutter" national media. That, we submit, is a very valuable public benefit that the Cable Act rightly, and as it turns out, presciently preserves. Vll NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 2S, 2006 Page 47 of 85 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the matter of ) ) ) ) ) ) ) ME Docket No. 05-311 Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 COMMENTS OF THE NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS, THE NATIONAL LEAGUE OF CITIES, THE NATIONAL ASSOCIATION OF COUNTIES, THE U.S. CONFERENCE OF MAYORS, THE ALLIANCE FOR COMMUNITY MEDIA, AND THE ALLIANCE FOR COMMUNICATIONS DEMOCRACY The National Association of Telecommunications Officers and Advisors ("NA TOA"), the National League Of Cities (''NLC''), the National Association of Counties (''NACO''), the u.s. Conference of Mayors ("USCM"), the Alliance for Community Media ("ACM"), and the Alliance For Communications Democracy ("ACD"), submit these comments in response to the Notice of Proposal Rulemaking, released November 18,2005, in the above-captioned proceeding ("NPRM'). NATOA's membership includes local government officials and staff members from across the nation whose responsibility is to develop and administer cable franchising and telecommunications policy for the nation's local governments. NATOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 48 of 85 The NLC is the oldest and largest national organization representing municipal governments throughout the United States. It serves as a resource to and an advocate for more than 18,000 cities, villages, and towns in furtherance of its mission to strengthen and promote cities. NACO is the only national organization that represents county governments in the United States, It serves as a national advocate for counties; acts as a liaison with other levels of government; and provides legislative, research, technical and public affairs assistance to its members, USCM is the official nonpartisan organization of the nation's 1,183 U.S. cities with populations of30,000 or more. Its mission is to promote effective national urban/suburban policy, strengthen federal-city relationships and ensure that federal policy meets urban needs, ACM is a nonprofit, national membership organization that represents 3,000 public, educational and governmental cable television access organizations and community media centers across the nation. It pursues its mission of assuring access to electronic media for all through its legislative and regulatory agenda, coalition building, public education, and grassroots organizing. ACD is an advocacy group for public access television, dedicated to preserving and strengthening community access to media through educational programs and participation in court cases involving franchise enforcement and constitutional questions about community television. 2 NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 2S, 2006 Page 49 of 85 The rules proposed in the NP RM would, if adopted, represent an unprecedented and unlawful encroachment by the FCC upon the historically-recognized authority of local franchising authorities over the local cable franchising process, an authority that Congress explicitly intended to preserve in the Cable Communications Policy Act of 1984,1 and reaffIrmed again in the Cable Television Consumer Protection and Competition Act of 1992.2 Accordingly, we file these comments to register with the Commission our strong opposition to the NPRM. INTRODUCTION While the FCC may have a useful role to play by gathering data about local franchising, Title VI gives the Commission no authority to adopt rules to implement S 621(a)(1) or to adjudicate disputes arising under S 621(a)(I). Moreover, even if the FCC had authority to interpret or enforce S 621 (a)(1) (which it does not), its jurisdiction would at most be concurrent with the jurisdiction of courts under S 635(a)3 to construe and enforce S 621(a)(1); thus the Commission's interpretation of S 621 (a)(1) would be entitled to no deference by the courts. Given these clear legal limitations, it is difficult to see what purpose the NPRM can meaningfully serve, other than as a forum for industry (primarily ILECs, in particular the RBOCs, but to a lesser extent, the incumbent cable industry) to exploit their superior resources and FCC contacts to vilify local franchising authorities ("LF As") with unsubstantiated, unparticularized, and self-serving "aile [gations ]"4 and "indications"S of supposed LF A behavior. ] Pub. L. No. 98-549, 98 Stat. 2779 (1984), codified as Title VI of the Communications Act of 1934,47 U.S.c. SS 521 et. seq. ("1984 Cable Act" or "1984 Act"). 2 Pub. L. No. 102-385, 106 Stat. 1460 (1992), codified in amendments to Title VI of the Communications Act of 1934 ("1992 Cable Act" or "1992 Act"). 3 47 U.S.c. S 555(a). 4 NPRM at" 1. 5 Id. at" 5. 3 NATOA et al. February 13, 2006 Agenda Item No. 16A8 March 28,2006 Page 50 of 85 Any record compiled in this proceeding would inherently be anecdotal and thus misleading,6 providing a shaky foundation upon which to rest any reliable conclusions or sound policy. That is especially true since the cable franchising process is, as Congress intended it to be, inherently local and fact-specific, because cable franchises are designed to ensure that "cable systems are responsive to the needs and interests of the local community," 47 U.S.C. 9 521(2) (emphasis added). A "one-size-fits-all" approach is antithetical to what Congress envisioned the cable franchising process to be, and we believe Congress' decision was a wise one. But regardless whether the FCC or industry disagrees with that, the Commission is powerless to alter the local, community-specific approach to cable franchising that Congress endorsed in the Cable Act. Subject to these rather substantial caveats, we respond to the NPRMbelow. Part I demonstrates why the FCC lacks the legal authority to adopt rules or enforce 9 621(a)(I). Part II responds to the factual questions raised in Part III(A) of the NPRM, and Part III deals with Part III(C) of the NPRMs request for comment on proposed rules under 9 621(a)(I). I. THE COMMISSION LACKS LEGAL AUTHORITY TO CONSTRUE OR ENFORCE SECTION 621(a)(1). The NPRM improperly ascribes to the Commission an authority that Congress specifically gave to the courts, not the FCC, Despite plentiful indications of a contrary legislative intent, the NPRM tentatively concludes that the FCC has authority to adopt rules 6 The NPRM (at ~ 8) characterizes as "anecdotal" evidence "that new entrants have been able to obtain cable franchises," a characterization that seems peculiar in light of the fact that the un described and undocumented "alleg[ations]" and "indications" to the contrary by industry to which the NPRM refers (at ~~ 1 & 5) can themselves only charitably be described as anecdotal. 4 NA TOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 51 of 85 concernmg, and to enforce, Section 621 (a)(1). NPRM at ~~ 15-18. The NPRMs tentative conclusion is wrong. A. Section 635(a) Gives Jurisdiction Over Section 621(a)(I) To The Courts, Not The FCC. The NPRMs tentative conclusion that the Commission has "authority to implement Section 621(a)(1)'s directive that LFAs not unreasonably refuse to award competitive franchises" is based on the view that the FCC is specifically "charged by Congress with the administration of Title VI, which, as courts have held, necessarily includes the authority to interpret and implement Section 621." NPRM at ~ 15. But the NPRM has misread Title VI and, more specifically, SS 621(a)(1) and 635(a). Although the Commission may have authority to interpret certain provisions of Title VI, it does not have such blanket authority over all of Title VI, and it most certainly does not have such authority with respect to S 621(a)(1), because S 635(a) explicitly gives that authority to the courts, not the FCC. This conclusion is supported not only by the express language of the statute, but also the overall structure of Title VI and an extensive trail of legislative and regulatory history pertaining to S 621 in particular, and the Cable Act in general. 1. The NPRM's Claim of Legal Authority To Implement Section 621(a)(I) Ignores The Plain Language of Title VI. There is no dispute that S 62Ia)(1) is a "federal-level limitation" on the local cable franchising process. NPRM at ~ 4. But that is not the issue, The real issue, which the NPRM obscures, centers on the question of which forum - the courts or the Commission - has the authority to interpret and enforce S 621 (a) (1 ), Sections 621 (a)(1) and 635(a), when read together, point unequivocally to the conclusion that enforcement authority for S 621(a)(1) rests exclusively with the courts. 5 NA TOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 52 of 85 Because the "first step in any statutory analysis, and our primary interpretive tool, is the language of the statute itselfl,]" A.CL.U v. F.Cc., 823 F.2d 1554, 1568 (D,C. Cir. 1987); Landreth Timber Co. v. Landreth, 471 U.S. 681, 685 (1985), we turn first to the text of the statute. In the 1992 Cable Act, Congress simultaneously amended both S 621(a)(1) and S 635(a), the provision governing court review of certain Cable Act provisions. These two provisions were amended as follows: [Section 621](a)(1) A franchising authority may award, in accordance with the provisions of this title, 1 or more franchises within its jurisdiction; except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision pursuant to the provisions of Section 635 for failure to comply with this subsection. [Section 635](a) Any cable operator adversely affected by any final determination made by a franchising authority under Section 621(a)(1), 625 or 626 may commence an action within 120 days after receiving notice of such determination, which may be brought lll- (1) the district court of the United States for any judicial district in which the cable system is located; or (2) in any State court of general jurisdiction having jurisdiction over the parties. 47 US.C. S 541(a)(1) & 47 V.S.C. S 555(a), respectively (emphasis added to indicate 1992 amendments), Nor was the simultaneous amendment of SS 621(a)(l) and 635(a) in this way some mere coincidence. To the contrary, the two changes were inextricably linked to one another in the same subsection of the 1992 Act: SEC 7. AWARD OF FRANCHISES; PROMOTION OF COMPETITION (a) Additional Competitive Franchises.- 6 NA TOA et a1. February 13, 2006 Agenda Item No. 16AS March 28, 2006 Page 53 of 85 (1) AMENDMENT-Section 621(a)(1) of the Communications Act of 1934 (47 Us.e. 541 (a)(l)) is amended by inserting before the period at the end of [sic] the following: "; except that a franchising authority may not grant an exclusive franchise and may not unreasonably refuse to award an additional competitive franchise. Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision pursuant to the provisions of section 635 for failure to comply with this subsection". (2) CONFORMING AMENDMENT.-Section 635 (a) of the Communications Act of 1934 (47 Us.e. 555(a)) is amended by inserting "621(a)(1)," after "section".7 The NPRM seems completely oblivious to the fact that the 1992 Act simultaneously amended S 635(a) to add S 62l(a)(1) to the short list of provisions of the Cable Act (the other two being the franchise modification provision of S 625 and the franchise renewal provision of S 626) for which Congress explicitly assigned review to the courts. Congress specifically created a right of action for any aggrieved cable operator "adversely affected" by any "final" decision made by a franchising authority under 621(a)(1). 47 U.S.c. 555. Cf Adams Fruit Co. v. Barrett, 494 U.S. 638, 650 (1990) ("Congress established an enforcement scheme independent of the Executive and provided aggrieved [private parties] with direct recourse to federal court where their rights under the statute are violated"). Thus, the amendment to S 635(a), giving courts power to review S 621(a)(1) decisions, went hand-in-hand with the S 62l(a)(1) amendment that the NPRM claims purportedly gives the Commission the power to implement S 621 (a)(1). Given the inextricable link between the S 621(a)(1) and S 635(a) amendments, however, these amendments must both be read together in order to reveal their intended meaning. And the only plausible way to read them together is that if an LF A violates the "unreasonable refusal" provision of S 62l(a)(1), Congress intended that the remedy lies with the courts, not the Commission. 7 1992 Cable Act, S 7, 106 Stat. at 1483. 7 NATOA et al. February 13, 2006 Agenda Item No. 16AS March 2S, 2006 Page 54 of 85 The Conference Report to the 1992 Act confIrms what the plain language already makes clear. It explains that the inclusion of S 621(a)(1) within S 635(a)'s statement of jurisdiction was no mere coincidence but a "conforming amendment."s In light of this, there can be no question that Congress intended the courts to be the exclusive remedy for ''unreasonably refused" cable franchise applicants. The NP RM's reading, by contrast, disregards the plain unambiguous language of these two interrelated amendments in the 1992 Act, effectively rendering the 1992 Act's amendment of S 635(a) mere surplusage. But "[t]here is a presumption against construing a statute as containing superfluous or meaningless words or giving it a construction that would render it ineffective." United States v. Blasius, 397 F.2d 203, 207 n. 9 (2d Cir, 1968). The NPRM (at ,-r 15) is therefore simply wrong in asserting that the language of S 621 (a)(1), when coupled with the simultaneous amendment of S 635(a), "indicate[s] that Congress considered the goal of greater cable competition to be suffIciently important to justify the Commission's adoption of rules." Indeed, the NPRM stands the 1992 Act's amendment of s635(a) on its head, for it would allow the Commission to usurp the authority Congress specifIcally gave to the courts under S 635(a). The NPRMs construction thus violates the plain meaning of the statutory language. See, e.g., GTE Service Corp. v. FCC, 205 F.3d 416, 421 (D.C. Cir. 2000); City of Dallas v. FCC, 165 F,3d 341, 347 (5th Cir. 1999). Because the drafters of the 1992 Act explicitly linked the "unreasonable refusal" provision of S 621 (a) (1 ) with their simultaneous amendment of S 635(a) to include S 621(a)(1) jurisdiction, the only reasonable reading of these amendments is that Congress intended that, as is the case with franchise modification and renewal claims under SS 625 and 626, interpretation and enforcement authority with respect to S 621 (a)(1) resides exclusively with the courts, not the FCC. 8 See H.R. Conf. Rep. No. 862, 1 02d Cong., 2d Sess. at 25-26 (1992) ("1992 Con! Report"). 8 NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 28, 2006 Page 55 of 85 It is no response to suggest that S 635(a)'s inclusion of S 621(a)(l) was intended only to give courts concurrent jurisdiction with the FCC over S 621 (a)(l). To the contrary, reading S 635(a) as only granting courts concurrent jurisdiction with the FCC would render S 635(a) surplusage. The law is clear that courts already share concurrent jurisdiction with the FCC with respect to a number of other Title VI provisions that are not specifically enumerated in S 635(a). See, e.g., Time Warner Cable of New York City v. City of New York, 118 F,3d 917 (2d Cir, 1997) (holding courts have jurisdiction in a PEG programming matter although S 611 is not listed in S 635); Charter Communications v. County of Santa Cruz, 304 F.3d 927 (9th Cir. 2002) (construing S 617 regarding franchise transfers even through S 617 not listed in S 635(a)); TClof North Dakota, Inc. v. Schriock Holding Co., 11 F.3d 812 (8th Cir. 1993) (court construes S 621(a)(2) even though S 621 (a)(2) is not listed in S 635(a)); Media General Cable of Fairfax, Inc. v. Sequoyah Condominium Council of Co-Owners, 991 F.2d 1169 (4th Cir. 1993) (same); Cable Holdings of Georgia, Inc. v. McNeil Real Estate Fund VI, Ltd., 953 F.2d 600 (lith Cir. 1992), cert. denied, 113 S.Ct. 182 (l993) (same); Cable Investments, Inc. v. Woolley, 867 F.2d 151 (3rd Cir. 1 989) (same); A. c.L. U, 823 F .2d at 1573-74 (holding that the courts and the FCC share concurrent jurisdiction in franchise fee matters even though S 622 is not listed in S 635(a)). The general structure of Title VI and the necessity of imparting an effective meaning to S 635(a) render untenable the proposition that the FCC can claim concurrent jurisdiction with respect to S 621(a)(l). Given that the courts already share concurrent jurisdiction with the FCC on many provisions in Title VI that are not listed in S 635(a), the only way to give S 635(a) any meaning at all is to construe it to give courts exclusive jurisdiction with regard to the three Title VI provisions it enumerates. 9 NATOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 56 of 85 The NP RM also fails to come to grips with the careful balance that Congress struck when it made the fundamental distinction that LF As, not the Commission, would be the sole authority on franchising. A cursory review of Title VI's allocation of responsibilities between LF As and the FCC supports this conclusion. Congress explicitly stated where it contemplated that the FCC had a role to play in Title VI matters. For example, Title VI specifically authorizes the FCC to undertake certain regulatory responsibilities with respect to cable. See, e. g., 1984 Act, ~ 612( e) (ruling on complaints regarding an operator's refusal or failure to provide leased access); ~ 613(b) (defming the "rural area" exemption from the telephone company cross-ownership ban); ~ 613(c) (dictating rules regarding the "ownership or control of cable systems by persons who own or control other media of mass communications which serve the same community"); ~ 623(b) (adopting rules relating to regulation of cable service rates); ~ 624( e) (setting "technical standards relating to the facilities and equipment of cable systems which a franchising authority may require in the franchise"); and ~ 634(d),(e), (f) and (g) (delineating rules and taking action to enforce cable operators' equal employment opportunity obligations).9 Title VI also reflects Congress' intent to restrict the Commission's and LFAs' authority over cable in certain areas. See, e.g., 1984 Act, ~ 612(b)(2) (prohibiting the allocation of capacity for leased access in excess of the statutory requirement); ~ 622(i) (prohibiting the FCC and any other agency from regulating the amount of franchise fees or use of funds derived from such fees); ~ 623(a) (limiting regulation of cable rates); and ~ 624(f) (limiting the authority of the FCC and LF As over requirements regarding the "provision or content of cable services,,).lo By giving the FCC a specifically defmed and limited role in Title VI matters (in stark contrast to the far broader and general authority given the FCC under Titles I, II and III of the Act), Congress clearly indicated 9 1984 Act, ~~ 612(e), 613(b) & (c), 623(b), 624(e) & 634, 98 Stat. at 2784-85,2788-2790 & 2797-2800. 10 ld. at ~~ 612(b)(2), 622(i), 623(a) & 624(f), 98 Stat. at 2783,2788 & 2790. 10 NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 28, 2006 Page 57 of 85 that the FCC would not playa role in other areas of Title VI, leaving those matters to LFAs and, where disputes arose, to the courts, When Congress "includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion." Russello v. United States, 464 U.S. 16, 23 (1983) (internal quotations omitted). Thus, Congress' explicit grant of jurisdiction over ~ 621(a)(1) matters to the courts precludes imputing to the FCC jurisdiction over such matters. To construe the disparity otherwise would eviscerate the plain meaning of 9 635(a). On the basis of the language of the 1992 amendments, "[i]t is, in short, overwhelmingly clear that, in passing the [Act], Congress acted - as it is presumed to act. . . with full awareness." Rodriguez v. United States, 480 U.S. 522, 525 (1987); see, e.g., Lorillard v. Pons, 434 U.S, 575, 581-582 (1978). Contrary to the NPRM's assertions, "we have here an instance where the Congress, presumably after due consideration, has indicated by plain language a preference to pursue its stated goals by what [the administrative agency] asserts are less than optimal means. In such a case. . . the agency is [not] free to ignore the plain meaning of the statute and to substitute its policy judgment for that of Congress." Alabama Power v. Costle, 636 F.2d 323, 365 (D.C. Cir. 1979). Accordingly, "an [administrative] agency may not issue regulations covering an area in which it has no jurisdiction." Kelley v. E.P.A., 15 F.3d 1100, 1105 (D.C. Cir. 1994) (quoting Adams Fruit Co. v. Barrett, 494 U.S. 638 (1990)) (internal quotations omitted). Moreover, the FCC cannot bootstrap its way around this problem based on S 2(a) of the Communications Act, 47 U,S.C. S 152(a). It is well-settled that the FCC traditionally has based its exercise of "ancillary" jurisdiction on S 2(a) of the Act ("The provisions ofthis act shall apply to all interstate and foreign communication by wire or radio . ,."). See United States v. 11 NATOA et aL February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 58 of 85 Southwestern Cable Co., 392 U.S. 157, 167-69, 171-73 (1968). The 1984 Cable Act, however, limited the reach of S 2(a) with respect to Title VI by adding the following language to S 2(a) of the Communications Act: The provisions of this Act shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in Title VI,11 As this amendment makes clear, Congress deliberately chose to limit the Commission's S 2(a) authority over cable service to only that authority explicitly granted to the FCC in Title VI. In other words, the Commission cannot rely on S 2(a) to go beyond what is plainly provided for in the text of Title VI. In this instance, Sections 621(a)(1) and 635(a) are what is "provided in Title VI," and thus S 635(a) - and its requirement of resort to the courts, not the FCC - is what controls. B. The Relevant Legislative Histories Indicate That Section 621(a)(1) Jurisdiction Rests With The Courts. As stated in A.CL. U. v. FCC, "[o]nly where [the statutory] expression is genuinely ambiguous. . . is legislative history useful or necessary." 823 F.2d at 1568 (internal citations omitted); see also Rodriguez v. United States, 480 U,S. 522, 525 (1987) ("[if] the language of a provision. . . is sufficiently clear in its context and not at odds with the legislative history, . , . '[there is no occasion] to examine the additional considerations of "policy" . , , that may have influenced the lawmakers in their formulation of the statute. "') (internal citations omitted); Maine v. Thiboutot, 448 U.S. 1, 6 n.4 (1980) ("Where the plain language, . . is as strong as it is here, ordinarily 'it is not necessary to look beyond the words of the statute.' ") (citations omitted) (emphasis in original). In an abundance of caution, however, we review the pertinent legislative history of the 1984 Act, which, inter alia, states: "It is the Committee's intent that the franchise 11 1984 Act, 9 3(a)(1), 98 Stat. at 280 1 (emphasis added). 12 NATOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 59 of 85 process take place at the local level where city officials have the best understanding of local communications needs and can require cable operators to tailor the cable system to meet those needs." 12 We also review the relevant history of the 1992 Act. As a general matter, Congress' decision in S 635(a) to reserve to courts the exclusive authority to construe and enforce S 621(a)(1) is perfectly consistent with the Act's overriding goal of favoring local, community- based franchising to be responsive to local community cable-related needs. 47 U.S.c. S 521(2), Courts are much better suited than the FCC to resolve local franchise-specific, fact-specific disputes. 1. The 1984 Act. The legislative history of the 1984 Act makes clear that Congress reserved authority over the franchising process, almost in its entirety, to LF As, not to the Commission. See, e.g., 1984 House Report at 19 ("Primarily, cable television has been regulated at the local government level through the franchise process. . . . [this legislation) establishes a national policy. . . . [t)his policy continues reliance on the local ji-anchising process as the primary means of cable television regulation. , .") (emphasis added)); id. at 25 ("This legislation. . , continu[es] to provide the franchising authority with the ability to assure that renewal proposals are reasonable to meet community needs and interests, , . ."); id. at 26 ("Each local franchising authority may assess the cable operator a fee for the operator's use of public ways"); and id. at 26 ("H.R. 4103 explicitly grants [the power to require particular cable facilities and to enforce requirements in the franchise to provide those facilities] to the franchising authority"). Where Congress wished to delegate certain powers to the Commission, it expressly announced its intent to do so. See, ]2 H.R. Rep. No. 934, 98th Congress, 2d Sess. at 24, reprinted in 1984 U.S.C.C.A.N. 4655 ("1984 House Report") (emphasis added). 13 NA TOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 60 of 85 e.g., id at 25 (" . . . municipal authority to regulate basic cable rates turns on whether a cable system faces effective competition in its market, as determined by the FCC"). The specific history of the original, 1984 version ofS 621 (a)(1) and other sections of the 1984 Act further affirms the primacy of LF As in this area, See id at 59 ("This provision grants to the franchising authority the discretion to determine the number of cable operators to be authorized to provide service in a particular geographic area"). Delegation of authority to the Commission is notable in its absence, See id. at 72 (". , . the procedures and standards established by this section are available for the cable operator or the franchising authority to initiate if necessary"). Equally notable in its absence from the 1984 Cable Act legislative history is any mention of the FCC remaining in its pre-1984 business of regulating cable. Clearly, Congress was not contemplating FCC oversight or control of the regulatory scheme for granting franchises under S 621 (a)(1), "In fact . . . the totality of the legislative history of the Act demonstrates with unusual clarity [what] was intended." Rodriguez v. United States, 480 U.S. at 525, 2. The 1992 Act Notwithstanding the clear and inextricable relationship between the 1992 amendments to S 621(a)(1) and S 635(a), the NPRM attempts to construe the 1992 amendments as an indication that "Congress considered the goal of greater cable competition to be sufficiently important to justify the Commission's adoption of rules." ~ 15 (emphasis added). While it is true that the 1992 amendments exhibit Congress' intent to place limitations on LF As' ability to refuse to grant additional competitive franchises, nothing in these amendments suggests that Congress contemplated that the FCC, rather than the courts, would have authority to implement or interpret that limitation; to the contrary, as we have seen, S 635(a) provides that courts, not the FCC, have 14 NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 2S, 2006 Page 61 of 85 that authority. A review ofthe 1992 Cable Act's legislative history makes plain that the NPRMs reading overreaches: Based on the evidence in the record taken as a whole, it is clear that there are benefits from competition between two cable systems. Thus, the Committee believes that local franchising authorities should be encouraged to award second franchises. Accordingly, [the 1992 Cable Act,] as reported, prohibits local franchising authorities from unreasonably refusing to grant second franchises, 13 Section 621 (a)(1), as revised, indicates a statutory prohibition against unreasonable refusals in the granting of franchises and merely encourages LF As to award second franchises. A searching review of the 1992 Act legislative history further reveals the contours of the intended congressional scheme for S 621 (a)(l). As one federal district court noted: The House version contained a specific list of "reasonable" grounds for denial. H. R. Conf Rep. No. 102-862, at 168-69 (1992). The Senate version, on the other hand, listed "technically infeasible" and left other reasonable grounds undefined. By choosing not to adopt a federally mandated list of reasonable grounds for denial in favor of an open-ended definition, Congress intended to leave states with the power to determine the bases for granting or denying franchises, with the only caveat being that a denial must be "reasonable." Knology, Inc. v. Insight Communications Co., L.P., 2001 WL 1750839 at * 2 (W.D. Ky. March 20, 2001) (citation omitted) (emphasis added). As a fundamental policy matter, Congress in Title VI intended that cable operators be responsive to local community needs and interests, which is why the regulatory scheme charted by Title VI expresses a clear preference for local franchising, and for court (rather than FCC) review of franchising matters. Since facts and circumstances vary across communities, it made perfect sense for Congress to have given oversight authority for franchising disputes to the courts 13 S. Rep. No. 92, 1 02d Cong., 1st Sess. at 47 (1991) reprinted in 1992 U.S.C.C.A.N. 1133 ("1992 Senate Report") (emphasis added). 15 NATOA et al. February 13,2006 Agenda Item No. 16AS March 28, 2006 Page 62 of 85 rather than the FCC. Courts, unlike the FCC, are better suited to assess unique and differing factual situations that will inherently arise in S 621 (a)(1) disputes, Put a little differently, the franchising process governed by S 62l(a)(1) is peculiarly unsuited to the generalized "one-size- fits-all" prescriptions that FCC rules are designed to fill. C. Contrary To The NPRM's Suggestion, City Of Chicago Lends No Support To The Claim That FCC Has Section 621(a)(l) Jurisdiction. The NPRM (at,-r 15) cites City of Chicago v. FCC, 199 F.3d 424 (7th Cir. 1999), for the proposition that Congress' delegation to the Commission of authority to administer Title VI "necessarily includes the authority to interpret and implement Section 621." The NPRM, however, overlooks two critical distinctions that render Chicago inapposite. First, Chicago is more appropriately characterized not as a S 621 case, but as a case construing the definitions set forth in S 602 of the Act. As a substantive matter, Chicago involved an appeal from a declaratory ruling in which the FCC held that an SMATV operator was not a "cable operator" of a "cable system" within the meaning of SS 602(5) and 602(7), respectively, of the Communications Act. In other words, the case centered on dueling interpretations of these S 602 defmitions and, on appeal, the court upheld the FCC's construction of those S 602 terms. See City of Chicago, 199 F.3d at 431-34 (upholding FCC determination that SMATV operator is not a "cable operator" of a "cable system" under SS 602(5) and (7) and is thus exempt from franchise requirements). The only S 621 issue even arguably before the court in Chicago was one that no party to the case disputed: Ifthe SMATV arrangement at issue involved a "cable operator" and a "cable system," a franchise was required under S 621(b)(1); if the arrangement did not encompass these definitions, it was undisputed that the S 621 (b)( 1) franchise requirement did not apply. 16 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 63 of 85 Second, and perhaps more importantly, Chicago was at most a 9 621 (b)(1) case, not a 9 621 (a)(l) case. Chicago involved a SMATV operator seeking an exemption from the franchise requirements of 9 621 (b)(1), which prohibits a "cable operator" from providing cable service without a franchise, The court merely noted that it was "not convinced that. . , the FCC has well-accepted authority under the Act but lacks authority to interpret [9 621(b)(l)] and to determine what systems are exempt from franchising requirements." City of Chicago, 199 F .3d at 428. Since 9 635(a) explicitly gives courts exclusive jurisdiction over 9 621 (a)(l) disputes but not S 621 (b)(1) disputes, Chicago says nothing at all about the FCC's jurisdiction over 9621(a)(l). The case had nothing to do with 9 621(a)(l)'s prohibition on unreasonable refusals to award additional competitive cable franchises. D. The NPRMErroneously Invokes Non-Title VI Sources Of Authority To Assert Section 621(a)(1) Jurisdiction. It is difficult to ignore more than twenty years of regulatory history. See A. CL. U, 823 F.2d at 1567 n. 32 ("when an agency's assertion of power into new arenas is under attack, therefore, courts should perform a close and searching analysis of congressional intent, remaining skeptical ofthe proposition that Congress did not speak to such a fundamental issue"). The NPRM relies on what it characterizes as the broad purposes of 9 621(a)(l) and the FCC's general authority under the Communications Act to claim that promoting greater cable competition justifies the FCC's adoption of rules to implement S 621(a)(1), as opposed to the court relief that Congress specifically provided in 9635(a). But "[n]o legislation pursues its purposes at all costs, Deciding what competing values will or will not be sacrificed to the achievement of a particular objective is the very essence of legislative choice - and it frustrates rather than effectuates legislative intent simplistically to assume that whatever furthers the statute's primary objective must be the law." Rodriguez v. United States, 480 V,S. at 525-26. 17 NA TOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 64 of 85 Although S 621(a)(1), and Title VI generally, reflect a legislative goal to promote greater cable competition, that alone does not mean that Congress intended the FCC, rather than the courts, to enforce that objective. In the case of S 621(a)(1), Congress made clear that it assigned the role of furthering S 621(a)(1)'s objective to the courts, not the FCC. 1. Section 1 and Section 4(i) Authority. The NPRMtentatively concludes that the Commission's broad authority under SS 1 and 4(i) of the Communication Act empowers the FCC to adopt rules to implement S 621(a)(1). ~15. The FCC's general rulemaking authority under these provisions does not, however, provide it with authority beyond what the specific provisions of the balance of the Communications Act allow it to do. As discussed above, not only are there no Title VI provisions that grant the FCC authority to construe or enforce S 621(a)(1); SS 621 (a)(1) and 635(a) specifically grant that authority to the courts, not the FCC. See Motion Picture Ass 'n of America, Inc., v. FCC, 309 F.3d 796, 802-03 (D.C. Cir. 2002) (rejecting FCC's "very frail argument" that Sections 1 and 4(i) authorize the agency to adopt rules requiring video description; vacating agency rule adopted under general rule making authority). In this proceeding, as in Motion Picture Ass 'n of America, ''the FCC must fmd its authority in provisions other than [Section] I." Id. at 804. Plainly stated, the FCC's general rulemaking powers do not empower it to do what specific provisions of Act cannot be read to permit: The FCC's position seems to be that the adoption of rules [implementing S 621 (a)(1)] is permissible because Congress did not expressly foreclose the possibility. This is an entirely untenable position. See Ry. Labor Executives [Ass'n v. Nat'l Mediation Bd., 29 F.3d 655, 671 (D.C.Cir.1994) (en banc)] ("Were courts to presume a delegation of power absent an express withholding of such power, agencies would enjoy virtually limitless hegemony, a result plainly out of keeping with Chevron and quite likely with the 18 NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 2S, 2006 Page 65 of 85 Constitution as well. ") (emphasis in original). See also Ethyl Corp. v. EPA, 51 F.3d 1053, 1060 (D.C.Cir.1995) ("We refuse. . . to presume a delegation of power merely because Congress has not expressly withheld such power.") . . . . Congress enacted [S 621(a)(1) and S 635(a)] together. . . . [Congressional] silence surely cannot be read as ambiguity resulting in delegated authority to the FCC to promulgate the disputed regulations. Motion Picture Ass'n of America, 309 F.3d at 805-06 (emphasis in original) (substituting references to SS S 621(a)(1) and 635(a) for SS 713 (a), (b) and 713 (f)). The NPRM does not furnish any reasonable explanation as to why resort to the FCC's general rulemaking authority would on this occasion enable it to construe and enforce S 621(a)(l). To the contrary, because the texts of SS 621(a)(l) and 635(a), when read together, unambiguously indicate Congress' strong preference for court, rather than FCC, enforcement of S 621(a)(1), the FCC's proposed action in this proceeding is even less justified than its overruled action in Motion Picture Ass 'n of America, 2. Section 706 Authority. The NPRM also asks (at'; 18) whether S 706 of the 1996 Act could empower the Commission to "take action" on concerns related to the franchise process. However, this is another impermissible attempt to bootstrap non-Title VI objectives into Title VI. As discussed above, Title VI clearly states its objectives and, absent a Congressional delegation of power over S 621(a)(1) (and there is none), the FCC is not authorized to adopt rules to implement S 621 (a)(l). Moreover, as S 706(g) itself provides, nothing in S 706 "shall be construed to authorize the President to make any amendment to the rules and regulations of the Commission which the Commission would not be authorized by law to make[.]" In other words, the text of this non-Title VI section concedes that it cannot serve to empower the FCC to do what specific 19 NA TOA et al. February 13, 2006 Agenda Item No. 16A8 March 28, 2006 Page 66 of 85 provisions of the Communications Act cannot be read to permit. And since S 635(a) specifically prohibits the NPRMs proposed reading, S 706 cannot save it. For these reasons, the FCC does not have the legal authority to construe or enforce S 621(a)(1). II. EVEN IF THE FCC HAD JURISDICTION, CHEVRON DEFERENCE WOULD NOT APPLY TO ITS CONSTRUCTION OF SECTION 621(a)(1). Even if the Commission did have the statutory authority to adopt regulations to implement S 621(a)(1) (which it does not), S 635(a) makes plain that FCC jurisdiction would at best be only concurrent with the jurisdiction of the courts. See, e.g., Kelley v. E.P.A., 15 F.3d at 1105; Wagner Seed Co. v. Bush, 946 F.2d 918,920 (D.C. Cir. 1991). Where both the courts and the FCC share concurrent jurisdiction, the FCC's interpretations of the statute would therefore not be subject to the deferential standard of review articulated in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). "[E]ven if an agency enjoys authority to determine. . . a legal issue administratively, deference is withheld if a private party can bring the issue independently to federal court under a private right of action. " Kelley v. E.P.A., 15 F.3d at 1108. Therefore, in light of Section 635(a), if the Commission were to adopt rules to implement Section 621(a)(1), its construction of those rules would be entitled to no deference by the courts. The private right of action guaranteed by Section 635(a) is evidence that Congress "intended that [a petitioner's] claim in such an event. . . be evaluated by the federal courts independent of [an agency's] institutional view." Kelley v. E.P.A., 15 F.3d at 1109. Moreover, even if S 635(a)'s language creating the private right of action were ambiguous (and it is not), deference is still not required "because Congress has expressly established the Judiciary and not the [administrative 20 NATOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 67 of 85 agency] as the adjudicator of private rights of action arising under the statute." Adams Fruit Co., 494 U.S. at 649; see also Crandon v. United States, 494 U.S. 152, 177 (1990) (Scalia, 1., concurring) (rejecting Chevron deference because statute was administered by the courts, not by agency). Thus, any rule adopted by the FCC in this proceeding would at best be viewed only as a policy statement "to guide [the Commission's] enforcement proceedings across the country"; it would not be binding on the courts or entitled to Chevron deference by the courts. Kelley v. E.P.A., 15 F.3d at 1109. The Commission, in light of the plain language of the statute, its legislative history, and the Commission's own historical interpretation, should reject the invitation in its NPRM to substitute its own policy judgments for those of Congress. III. THERE IS NO CREDIBLE EVIDENCE THAT LFAs HAVE UNREASONABLY REFUSED TO GRANT COMPETITIVE FRANCHISES. While, as noted above, we do not believe that the FCC has jurisdiction to adopt rules implementing or enforcing S 62 I (a)(l), we will nevertheless respond to some of the questions raised in Part III(A) of the NP RM to provide the Commission with information demonstrating what we believe to be clear: There is no evidence that S 621(a)(I) is not already serving its intended purposes, and thus the NPRM is a solution in search of a problem. We focus here only on information that is more national in scope and that is available to us. By its nature, much of the information sought in Part lII(A) is very fact-specific to each LFA. We anticipate that much of that LFA-specific information will be provided in comments filed by individual LF As. We caution the Commission, however, that any evidence adduced in this proceeding on the questions asked in Part IlI(A) ofthe NP RM will inherently be anecdotal, and especially in the 21 NATOA et al. February 13,2006 Agenda Item No. 16A8 March 28,2006 Page 68 of 85 case of information provided by industry, one-sided, often anonymous, and untested by the fIre of cross-examination and rebuttal.14 LF As do not have the resources of industry to participate in this proceeding in the way that industry will (both in comments and in ex parte visits to the Commission), and thus the record will almost certainly be not only anecdotal, but skewed. As a result, the record in this proceeding is unlikely to provide a reliable basis for the Commission to make sound and accurate policy judgments. Subject to these rather substantial caveats, we respond as follows: A. The Dearth of Precedent in the Fourteen Years Since Section 621(a)(1) Was Amended Strongly Indicates That There Is No Significant Problem Justifying FCC Action. LF As nationwide welcome competition and are eager to issue additional franchises to compete with incumbent cable operators. Given the inherently local nature of the franchising process, the evidence supporting this conclusion, far from being "anecdotal" (NP RM at ,-r 18), is rather comprehensive on a nationwide scale (the only scale that should be of any relevance to the FCC here), The NP RM itself, for instance, recognizes the large number of competitive franchises that have been secured by Ameritech (a subsequent AT&T/SBC acquiree), SNET, BellSouth, Qwest, RCN, Verizon and NTCA members in the past decade or so. Jd at ,-r 8 & nn, 44-51. And that does not even include the many competitive franchises that LF As have granted to others, such as 14 In this regard, we note the FCC's ruling in Ex Parte Presentations in Commission Proceedings, GC Dkt. No. 95-21, Mem. Opin. & Order, 14 FCC Red. 18831 (1999), requiring that any local government named in the comments ofa party must be served with a copy of those comments to provide the local government with an opportunity to oppose. It is particularly imperative that the Commission require commenters to adhere strictly to this requirement in this proceeding. 22 NATOA et al. February 13, 2006 Agenda Item No. 16A8 March 28, 2006 Page 69 of 85 non-ILEC-affiliated providers like Grande and Wide Open West, as well as smaller, rural ILECs.15 The conclusion that LFAs have embraced the policy behind S 621(a)(1) is further supported by the remarkable dearth of reported precedent concerning S 621(a)(1) in general, and its "unreasonable refusal" provision in particular, in the nearly fourteen years since it was enacted. In fact, in that period, there have only been five reported cases that even involved claims that an LFA violated S 62 I (a)(1)'s "unreasonable refusal" provision, in only two of those cases was a violation found, and in neither did the LF A even deny the franchise application.16 This leads to the inescapable conclusion that, aside from its legal jurisdiction defects, the NPRMs proposal to adopt rules implementing S 621 (a)(1) is a solution in search of a problem. The NPRM also overlooks another crucial reason why LF As will not unreasonably refuse to grant additional, competitive franchises. LF A franchising decisions are made by elected legislative bodies - city councils, county councils and commissions, and town councils. As such, LF As are accountable, and must be responsive, to the desires of their electorates, And the Commission can rest assured that LF As' constituents want competition in cable service. That is 15 See, e.g., Comments of the National Cable and Telecommunications Association, Annual Assessment afthe Status of Competition in the Market for the DelivelJI of Video Programming, CS Docket No. 01-129 (filed Aug. 2, 2001); Debbie Narrod, OVERBUlLDERS: The New Generation, CableFAX's CableWORLD, Nov. 27,2000, available at http://www.cableworld.com/cgilcw/show_mag.cgi?pub=cw&mon= I 12700& file=overbui Iders _new _generation.inc; K.c. Neel, Deadend at the Headend?, CableFAX's CableWORLD, Mar. 18, 2002, available at http://www.cableworld.com/cgi/cw/show_mag.cgi?pub=cw&mon=031802&fi le=deadend _ headend. inc. 16 See NEPSK, Inc. v. Town of Houlton, 167 F.Supp. 2d 98 (D. Maine 2001), ajJ'd, 283 F.3d 1 (1st Cir. 2002) (holding that incumbent cable operator"s response to a request for proposals is not an application for a second, competitive franchise); Qwest Broadband Services v. City of Boulder, 151 F.Supp. 2d 1236 (D. Colo. 200 I) (holding city charter requiring voter approval of franchises violates 9 62 I (a)(1 )); Knology, Inc. v. Insight Communications Co., L.P., 2001 WL 1750839 (W.O. Ky. March 20, 2001) (in a dispute between an incumbent and newly awarded franchise, the LF A's enactment of a local parity provision that permitted an incumbent to automatically stay the grant of additional franchises was an "unreasonabl( e] den(ial]" in violation of 9 62 I (a)); Classic Communications, Inc. v. Rural Telephone Service Co., Inc., 956 F.Supp. 896 (D. Kan. 1996) (cable operator alleges that LF A unreasonably refused to grant it a competitive franchise; court denies LF A's motion to dismiss without resolving on the merits whether refusal was unreasonable under S 621(a)(I)); Liberty Cable v. City of New York, 893 F.Supp. 191 (S.D.N.Y. 1995) (finding 9 621 (a)(I) claim not ripe because city had not acted on application yet), ajJ'd, 60 F.3d 961 (2d Cir. 1995). 23 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 70 of 85 a far more effective, and democratic, check on any unreasonable refusal to award competitive franchises than any FCC rules could ever provide.17 And it is a check that is far more consistent with our nation's principles of democracy and federalism than a set of "one-size-fits-all" national rules promulgated by an unelected federal regulatory agency. B. The Telecommunications Act Of 1996 Gave ILECs - and More Particularly, The RBOCs - Four Different Ways To Enter The Multichannel Video Market, Yet For Most Of The Past Ten Years, The RBOCs Have Done Little, If Anything, To Exploit That Opportunity. A principal moving force behind the NP RM appears to be complaints made to the FCC by AT&T (formerly SBC), Verizon and other RBOCs about the supposed difficulties they claim to have encountered in the local franchising process in the course of their recently-announced plans to upgrade their telecommunications networks to provide (among other things) cable service in competition with incumbent cable operators,I8 While we welcome the RBOCs' somewhat belated interest in finally entering the cable market to compete with incumbent cable operators, the Commission should not be misled by their attempts to shift blame to LF As for delays resulting from their own business decisions. Nor should LF As or their residents be forced to bear the burden of sacrificing the local cable-related needs and interests protected by the local franchising process and the Cable Act in an effort to try to mitigate any potentially adverse consequences to the RBOCs resulting from their own business decisions. A little history will prove the point. Prior to the 1996 Act, the RBOCs (and most other non-rural ILECs) were prohibited from entering the cable market by the telephone-cable 17 Cf Charter Communications v. County of Santa Cruz, 304 F.3d at 935 (9th Cir. 2002) ("methods exist to promote self-correction [of the local cable franchising process]: citizens can vote out their local representatives"). 18 See, e.g., NPRM at '11'115-6 & nn. 28-37. We note in passing that Consumers for Cable Choice, whose comments in MB Dkt No. 05-255 are cited in note 28 ofthe NPRM, is reportedly an organization largely backed by the RBOCs. See Linda Haugsted, Telcos Feed 'Grassroots' Group, 26 Multichannel News 18 (2005); David Lazarus, Cable 'coalitions' sketchy, San Francisco Chronicle, Nov. 2,2005, at C-I; RBOCs Attempt to Dupe Consumers with Faux 'Coalition, Digital Straight Talk, posted Nov. 22,2005, available at http://www.digitalstraighttalk.com/2005/ 11 /rbocs _dupe_consumers _with_faux. shtml 24 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 71 of 85 crossownerhip prohibition formerly set forth in S 613(b) of the 1984 ACt.19 The 1996 Act repealed that crossownership prohibition and gave the RBOCs (and other ILECs) not one, but four different means to enter the multichannel video market.20 The legislative history makes plain that Congress' expectation, and the professed intent of the RBOCs, was that this amendment would result in the RBOCs swiftly entering the multichannel video market and competing with incumbent cable operators.21 Yet, for eight or more of the nearly ten years since the 1996 Act was passed, the RBOCs, and especially AT&T and Verizon, made no serious effort to enter the multichannel video market as a cable operator, a video common carrier or an open video system operator.22 And at least one RBOC, AT&T (in its former incarnation as SBC), not only did not pursue entry into the cable market, but in 2001, shortly after it acquired Ameritech, took affirmative steps to exit that market by selling off the local cable business in "75 communities" serving "more than 200,000 customers,,23 held by Ameritech.24 This has been AT &T' s consistent pattern: AT&T likewise 19 1984 Act, 98 Stat. at 2785 (codified at 47 U.S.c. S 533(b) (1984)). 20 47 U.S.c. S 651 (a)(l)-(4) (common carriers may enter the video market as broadcast or wireless providers under Title Ill, as video common carriers under Title II, as cable operators under Title VI, or as an open video system provider under S 653). 21 H.R. Confer. Report No. 458, 104th Cong., 2d Sess. at 171-72, reprinted in 1996 U.S.C.C.A.N. 124 ("New section 651 of the Communications Act specifically addresses the regulatory treatment of video programming services provided by telephone companies. Recognizing that there can be different strategies, services and technologies for entering video markets, the conferees agree to multiply entry options to promote competition, to encourage investment in new technologies and to maximize consumer choice of services that best meet their information and entertainment needs"). 22 Their only discernible effort on this front was to begin to resell DBS service in some markets, and even that effort did not begin until around 2002 or 2003. Mike Farrell, DirecTV, Bel/South Hook Up, 24 Multichannel News 1 (2003); James E. Carroll, Video: The Next Front in the Broadband War, Converge! Network Digest, Sept. 9, 2003, available at, http://www.convergedigest.com/blueprints/ttp03/z1 dynamicsl .asp?ID= 13&ctgy=; Vince Vittore, Bel/South Samples Satellite with DirecTV Resale Setup, Sept. 8, 2003, available at http://telephonyonline. com/ar/telecom _ bell south _samples _ satell itel. 23 See NPRM at <<J 8 & n. 45. 24 Ted Hearn, McCain, Powel/ Clash Over Rates, Multichannel News, Jan. 20, 2003 at 3; SBC Communications, Inc., Form 10-K, at 8, Exh. 13 at 5, and Note 3 (Dec. 31,2001). 25 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 72 of 85 jettisoned the video operations that it had previously acquired in its acquisition of Pacific Telesis, and had to be ordered by the Connecticut Department of Public Utilities not to abandon SNET's cable franchise for two years. 25 Although RBOCs such as Verizon and AT&T were certainly free to make their own business decisions not to enter (or to exit) the cable market despite the invitation Congress gave them in the 1996 Act, they are not free - or at least certainly should not be free - to turn around and blame LF As and the local franchising process for the consequences of their own business decisions to delay entry into (and in AT&T's case, to exit) the market. Yet that is precisely what they seek to do.26 The Commission should not be deceived by the RBOCs' efforts to transform their own business decisions to sit on the sidelines of the cable market for nearly a decade into an excuse to reward those decisions with relief from the local franchising process that had nothing to do with those business decisions. Had the RBOCs done what they promised Congress they would do in securing repeal of the telephone-cable crossownership ban back in 1996, they would not be facing the supposed "catch-up" problem they face now. C. A Franchise Is A Contract That The Cable Act Requires To Be Responsive To Local Cable-Related Community Needs And Interests, Not A Form Nationwide Contract, Which Is What The RBOCs Appear To Demand. The NPRM (at ~ 5) recounts industry allegations that the local franchising process "takes too long" and "involves outrageous demands by some LF As" supposedly unrelated "to video 25 Fifth Annual Rep0l1 In the Matter of Annual Assessment of the Status of Competition in Marketsfor the Delivery of Video Programming, FCC 98-335 at ~ 115 (reI. Dec. 23, 1998); White Paper, The Consumer Case Against the SBC-Ameritech Merger, Consumers Union, Jan. 20, 1999 at 9 V, available at http://www.consumersunion.org/other/newsbc-amersw199.htm; Alan Breznick, Ameritech Keeps Plugging into Video, CableFAX's Cable WORLD, June 7,1999, available at http://broadband- pbimedia.com/cgi/ cw/show _ mag.cgi?pub=cw&mon=060799&file=ameritech _keeps -IJlugging-inc. 26 See, e.g., Comments of Consumer for Cable Choice, BellSouth and Verizon in MB Dkt No. 05-255, cited in NPRM at nn. 28-33. 26 NA TOA et al. February 13, 2006 Agenda Item No. 16A8 March 28, 2006 Page 73 of 85 servIces or to the rationales for reqUITIng franchises," and then (at ,-r,-r 12-13) asks several questions directed at these allegations, as well as whether the cable franchising process should vary from locality to localitl7 The short answer to the NPRMs question, "should cable servIce requirements vary greatly from jurisdiction to jurisdiction?," is "yes." Indeed, not only should such requirements vary, the Cable Act decrees that they must vary, for the Act is built on the principle that cable systems must be "responsive to the needs and interests of the local community.,,28 The NPRMs question (at ,-r 13) whether LFAs are "demanding concessions that are not relevant to providing cable services," and Verizon's allegations of the same (id at,-r 5 & n. 33) rest on an apparent misreading of the Cable Act. As an initial matter, Verizon's allegations about requirements unrelated to "video services" simply ignores that (1) the "cable service" definition is not limited to "video programming" or to the undefined concept of "video services," 47 US.C. 9 522(6); and (2) the Cable Act makes equally clear that among the types of requirements that are "cable-related," and that LF As are entitled by the Act to require, include in-kind institutional networks, 47 D.S.C. 99531(b), 541(b)(3)(D), & 544(b)(1) & (2)(A), something that we understand that Verizon has steadfastly refused to agree to provide in its negotiations with LF As. 27 The NPRM also rather inexplicably asks what problems incumbent cable operators are encountering with the cable franchising, and whether current local franchising "procedures or requirements" are appropriate for incumbent cable operators. What this question possibly has to do with the issue at hand - g 621 (a)( 1) - the NPRM does not say. By its terms, g 621 (a)(l) prohibits LF As from "unreasonably refus[ing] to award an additional competitive franchise." (Emphasis added.) It is therefore inapplicable to incumbent cable operators that have already been awarded a franchise. See NEPSK, Inc. v. Town of Houlton, 167 F.Supp. at 102 (g 621(a)(I) inapplicable to incumbent cable operator); I-Star Communications v. City of East Cleveland, 885 F.Supp. 1035, 1042 (N.D. Ohio 1995) (g 621 (a)( 1) inapplicable to incumbent franchisee's complaint about possible franchise revocation). In the case of most incumbent cable operators, their future franchise terms are governed by the Cable Act's renewal provision, 47 U.S.C. g 546, but they are not in any way governed by the "unreasonable refusal" provision of g 621 (a)(l). 28 47 U.S.c. g 521(2) (emphasis added). See also 47 U.S.c. g 546 (calls for ascertainment of "future cable-related community needs and interests" and an operator's renewal proposal is judged on, inter alia, its responsiveness to those needs and interests). 27 NATOA et al. February 13, 2006 Agenda Item No. 16AS March 28, 2006 Page 74 of 85 More generally, in asking whether LF As are "demanding concessions" unrelated to cable service, the NPRM seems oblivious to the Cable Act, which makes clear - and has made clear since its original enactment in 1984 - that LF As may not impose non-cable-related requirements in franchises.29 In other words, Verizon is either (a) too narrowly construing the concept of "cable-related" needs, or (b) attempting to mislead the Commission based on franchising activities that occurred before the 1984 Cable Act was enacted and are no longer an issue. Either way, Verizon is simply wrong. The RBOCs' complaint about how long it supposedly takes to obtain a franchise rests on mischaracterizations and willful balking at the locally-oriented nature of cable franchising that the Cable Act requires. AT&T (formerly SBe) certainly has no grounds to complain. As the Commission knows, it has taken the position that the multichannel video service component of its Project Lightspeed is not a "cable service," that it therefore is not subject to the franchise requirement of the S 621(a)(1), and thus needs no franchise at al1.3o As a result, AT&T has not deigned to see fit to even apply for a local cable franchise. Having arrogantly viewed itself as above the need for a local franchise, AT&T is in no position to complain about the length of the franchising process. It has never bothered to try. Verizon, unlike AT&T, has sought fi-anchises, albeit in only a fairly limited number of markets.3! But in assessing allegations about delays in the franchising process, the Commission must keep two things in mind. 29 E.g., 47 U.S.c. SS 541(b)(3), 544(a), 544(b) & 546(c)(l)(D). See also 1984 House Report at 68-69. 30 See SBC Ex Parte Filing, IP-Enabled Services, WC Docket No. 04-36 (filed Sept. 14,2005). We vehemently disagree with AT&T's view. 31 See, e.g., Telco Video Franchises, Muni Networks Share Spotlight at NA TOA Conference, 71 Telecommunications Reports at 15 (Oct. 1,2005); Dina EIBoghdady, Verizon Pursues Local Cable Franchises, Washington Post, July 19,2005 at D-4; David P. Willis, Taking on Cable, Asbury Park Press, Oct. 2,2005, available at http://www.app.com/apps/pbcs.dll/article? AID=/20051 002/BUSINESS/51 0020365/1 003/POLITICS. 28 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 75 of 85 First, a cable franchise is not a unilaterally-imposed instrument but a negotiated contract between the LF A and the cable operator,32 As a result, any complaints by one party in bilateral negotiations about delays must be taken with a grain of salt, since any delay can just as easily be the fault of recalcitrance in that party's negotiating position as it is the recalcitrance of the other. Put a little differently, we have no doubt whatsoever that Verizon (and any other newcomer) would be able to obtain local franchises almost as quickly as it wants (and certainly faster than Verizon and AT&T have to date been able to provide cable service on a commercial basis in the markets they seek to enter) if the new provider were willing to agree to franchise terms comparable to those imposed on the incumbent cable operator. 33 Thus, the issue is not whether LF As are eager to grant a competitive franchise to new providers like the RBOCs; LF As unquestionably are. The issue is how willing parties like Verizon are to agree to franchise terms that are, as the Cable Act requires, responsive to local community cable-related needs and interest. Which brings us to the second point. The touchstone for a particular LF A's current local cable-related needs and interests is its franchise with the incumbent cable operator.34 In most cases (unless the incumbent is itself in franchise renewal proceedings with the LF A), that will 32 See, e.g., I C. Ferris & F. Lloyd, Telecommunications Regulation ~ 13.14 [1] (through Release No. 46, Dec. 2005). 33 By "comparable," we do not mean identical. There are certainly areas where a competitive franchise might differ from the incumbent operator's franchise. Depending on whether the new entrant is a small "overbuilder" or an ILEC, for instance, there may be reasons to impose different buildout requirements on the newcomer. There also may - again, depending on local facts and circumstances - be reasons to monetize PEG and I-Net obligations and transform them into a per-subscriber or gross revenue percentage arrangements. But with respect to some aspects of a franchise, there would seem to be no rational basis for distinguishing between the incumbent and the newcomer. Examples here would include the number of PEG channels, the franchise fee revenue base and percentage amount, and enforcement provisions. 34 Again, this does not necessarily mean the newcomer's franchise must be the same as the incumbent's, see note 33, supra, but the incumbent's franchise certainly is the logical starting point for determining local cable-related community needs and interests. 29 NATOA et al. February 13,2006 Agenda Item No. 16A8 March 28,2006 Page 76 of 85 mean that an LF A will look to the current incumbent's franchise as a measuring stick for the new entrant's franchise. Verizon, on the other hand, appears to have a different starting point for negotiations. It instead wishes that each LF A would adopt V erizon' s own "form" local franchise with as few modifications as possible, so that Verizon's franchises across the country can be as uniform as possible, While Verizon's preference is certainly understandable from its business point of view, what is not reasonable is for it to complain about delays in negotiating franchises while, at the same time, it insists in negotiations with LF As that its franchise must be based on V erizon' s national model rather than one that is based on the LF A's own particular local cable-related needs and interests, as the Cable Act requires. Verizon's complaints about supposed "delay" in the franchising process are thus, in many respects, really a complaint about the local community needs-based model of franchising that is one of the cornerstones of the Cable Act. 47 U,S.c. S 521(2). The FCC should not, and cannot, rewrite the Cable Act to suit industry's preferences. IV. THE NPRM'S PROPOSED RULES ARE BEYOND THE FCC'S AUTHORITY TO ADOPT AND WOULD BE ARBITRARY AND CAPRICIOUS. In Part m(C) of the NPRM, the Commission solicits comments on possible rules it might adopt concerning S 621(a)(1). As noted above in Part I, we do not believe that the FCC has jurisdiction to adopt rules implementing or construing S 621 (a)(l) or to enforce S 621 (a)(l), and that even if it did, any FCC interpretation ofS 621(a)(l) would be entitled to no deference by the courts. The balance of our comments in this section is subject to that caveat. A. Section 621(a)(1) Prohibits Only The Denial of A Competitive Franchise. While admitting that S 62 1 (a)(l) prohibits only the "unreasonable refus[al] to award an additional competitive franchise" (emphasis added), the NPRM nevertheless tentatively 30 NATOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 77 of 85 concludes that the FCC is empowered to rewrite that language and expand the scope of S 621(a)(I) to reach the "establishment of procedures and other requirements that have the effect of unreasonably interfering with the ability of a would-be competitor to obtain a competitive franchise, either by (1) creating unreasonable delays in the process, or (2) imposing unreasonable regulatory roadblocks. . . ." NPRM at ~ 19. But that is not what S 62 1 (a)(l) says. As courts have recognized, S 621 (a)(l) requires that a franchise application must be denied.35 Any doubt on this point is removed by the last sentence of S 621 (a)(l): Any applicant whose application for a second franchise has been denied by a final decision of the franchising authority may appeal such final decision pursuant to the provisions of Section 635 for failure to comply with this subsection. 47 U.S.c. S 541(a)(1) (emphasis added). Section 62 1 (a)(1) simply cannot be construed to allow an applicant that is displeased with the progress of its application to bypass the last sentence of that provision and file a complaint in court or at the FCC challenging a non-final decision of an LF A. Such an interpretation would simply, and impermissibly, rewrite S 621(a)(I) to suit the FCC's policy preferences, Congress "does not , . , hide elephants in mo useho les." Gonzales v. Oregon, 126 S. Ct. 904, 921 (2006). It is ludicrous to suggest that Congress, having provided that only "final" decisions of the "denial" of a franchise application may be appealed, somehow intended, sub silentio, to have its own language gutted by allowing parties to bypass the last sentence of S 621(a)(1) entirely and go directly to the FCC. 36 35 I-Star, 885 F.Supp. at ] 042. 36 The NPRM appears to be trying to attempt to construe S 62](a)(]) in a manner analogous to the way some courts have broadly construed 47 U.S.c. S 253(a)'s "may prohibit or have the effect of prohibiting" language, see City of Auburn v. Qwest Corp., 260 F.3d ] ]60 (9th Cir. 200]), certdenied, ]22 S.Ct. 809 (2002). But even assuming that S 253(a) can be fairly construed that broadly (and we do not think so), that is of no help to the FCC here, for 31 NA TOA et al. February 13,2006 Agenda Item No. 16A8 March 28, 2006 Page 78 of 85 B. The NPRM Correctly Recognizes The Important Public Policy Goals Of Sections 621(a)(3), 621(a)(4)(A) And 621(a)( 4)(B). While we do not believe the Commission has jurisdiction over these matters, we wholeheartedly agree with the tentative conclusions reached in paragraph 20 of the NPRM, All three of the Cable Act provisions to which the NPRM refers - S 621(a)(3)'s requirement of assurance that access to cable service is not denied due to income, S 621 (a)(4)(A)'s requirement that an operator be given "a reasonable period of time to become capable of providing cable services to all households in the franchise area," and S 621(a)(4)(B)'s requirement of adequate PEG capacity facilities and financial support - do indeed serve "important public policy goals." We note, however, that the Cable Act assigns to LF As, not the Commission, the responsibility of tailoring these requirements to the particular needs of each local community, 1. Franchise Buildout Requirements. Of course, the S 621(a)(3) prohibition on red-lining and the S 621(a)(4)(A) requirement of a reasonable time to build out a cable system both relate to a matter of some contention between Verizon and AT&T, on the one hand, and some LF As on the other. But those two provisions embody a conscious Cable Act policy of encouraging buildout of cable systems. And it is a policy that has served the nation well. It bears noting that cable modem service is the most widely available form of broadband available to Americans today, and local cable franchising had a hand in that: It was local franchise buildout requirements that required cable operators to build out their systems on a non-discriminatory basis throughout their franchise territories, a buildout that, when cable systems were subsequently upgraded to provide broadband, meant that cable's broadband services would reach the same wide areas that the cable franchise buildout ~ 253(a) on its face uses markedly different, and less specific, language than ~ 621(a)(1). These differences compel a different, and much narrower, construction of ~ 621 (a)(1). 32 NA TOA et al. February 13, 2006 Agenda Item No. 16A8 March 28, 2006 Page 79 of 85 requirements had encouraged, It is more than a little ironic that it was the local cable franchising process, with community-by-community buildout requirements negotiated between LF As and cable operators, that deployed broadband faster and more widely than state PUC (or FCC) regulation of telephone carriers. RBOC opponents of franchise buildout requirements have also mischaracterized the nature of those requirements. While they do (and should) vary from community to community based on such factors as geographic size, topography, household density, and neighborhood dispersion, franchise buildout requirements typically have two critical features that are designed to make buildout as widespread as possible while, at the same time, accommodating economic constraints faced by the cable operator. First, local franchise buildout requirements typically have a household density limitation. That is, absent a financial contribution by those requesting service in aid of construction, the operator is not required to build out its system to areas that have a household density below a certain threshold level. The threshold level varies from community-to-community. Over time, it also has tended to become lower as potential revenues per subscriber have grown, making progressively lower density levels more fmancially feasible to build. Second, local franchise requirements also invariably provide the operator with a time period to complete building out its system in the franchise area. The period is almost always a negotiated one between the LF A and the cable operator, and of course will vary depending on the size of the area to be served, as well as other characteristics. (The larger the area to be constructed, of course, the more time the franchise will allow for the operator to build out its system. ) 33 NATOA et al. February 13, 2006 Agenda Item No. 16AS March 28, 2006 Page 80 of 85 When properly understood, franchise buildout requirements are not "barriers to entry" at all.3? To the contrary, they should be a problem for the RBOCs only if the RBOCs' business plans are to provide new service only to selected demographic neighborhoods of a community, leaving less lucrative neighborhoods in the community only with a lesser, second-class form of service, or no service at all. 38 But if that is indeed the business plan, then local franchise buildout requirements will be essential if the goals Congress set forth III 99621(a)(3) and 621 (a)(4)(A) are to be protected. 2. Franchise PEG and I-Net Requirements. Public, educational and governmental ("PEG") access channel capacity, facilities and equipment requirements, along with institutional network ("I-Net") requirements, are among the most vital elements of the local community cable-related needs and interests that the Cable Act was designed to preserve and protect. Because they are based on each community's own unique local needs, PEG and I-Net requirements vary considerably from community to community, And that is precisely what Congress intended, See pp. 12-13 supra. PEG and I-Net facilities and equipment requirements come in many forms - sometimes they are in-kind, sometimes they are monetary, and sometimes they are a mix of both. Monetary PEG and I-Net obligations also vary; they can be in lump sum form, in periodic lump sum payment form, some sort of variable cost form (typically per-subscriber or a percentage of gross revenues), or some combination of both. Because PEG and I-Net franchise obligations are reflective of local community needs, a competitive franchise applicant should also be required to serve those same needs, and in a 37 NPRM at ~ 23. That ILEC service areas do not coincide perfectly with LF A jurisdictional boundaries is a red herring. The number of places where that is true is not significant at all. And even where that occurs, there is no evidence that LF As are in the habit of insisting that ILECs build out areas outside their local telephone service areas. The issue has been raised by industry to divert attention from the real issue. Should ILECs be required to offer cable service in the same areas they offer telephone service? We think the answer should be "yes." 38 As the NPRMnotes, it appears that is the plan of AT&T. See NPRM at ~ 6 & nn. 36-37. 34 NA TOA et al. February 13, 2006 Agenda Item No. 16AS March 28, 2006 Page 81 of 85 manner comparable to the incumbent operator.39 What constitutes "comparable" will vary because each community's needs vary, and thus generalizations are difficult to make. These matters are therefore particularly unsuited to any "one-size-fits-all" solution. The FCC's only role, if any, should be to make clear that all cable operators, whether incumbent or not, have an obligation to meet, on a fair and equitable basis, the PEG and I-Net needs of each LF A area they serve. C. The FCC Has No Authority To Adopt Rules Or Best Practices Concerning Section 621(a)(1). The NP RM s suggestion (at ~ 21) that the Commission might adopt rules or "best practices" guidelines under S 621 (a)(1) is misguided, as a matter of both law and policy. Congress deliberately assigned the FCC a very limited role under Title VI, giving primacy instead to the role of LF As.40 Title VI certainly cannot plausibly be construed to grant the FCC authority to become a sort of national franchising authority or national LF A oversight board, either generally or, particularly, in the case of local franchising decisions under S 621 (a)(1 ).41 Yet that is precisely, and improperly, what adoption of Commission rules or "best practices" with respect to S 621(a)(1) would be. Setting a "maximum timeframe" within which an LF A must act on a competitive franchise application (NPRM at ~ 21) is wrong-headed. As an initial matter, the NPRMs reference (at n.80) to the 120-day deadline for LFAs to act on franchise transfer applications under S 617, 47 U.S.C. S 537, actually confirms that the FCC has no authority to set such a deadline in the case of S 621(a)(1). In stark contrast to what it did in S 621(a)(I), Congress set a 39 See note 33 supra. 40 See pp. 10-15 supra. 41 ld. We are aware, of course, that legislation has been introduced in Congress that would transform the FCC into a sort of national franchising authority for broadband video service providers. While we philosophically disagree with those legislative proposals, they prove our point: The drastic rewriting of the Communications Act required to do what the NPRM proposes is the job of Congress, not an unelected FCC. 35 NATOA et a1. February 13,2006 Agenda Item No. 16AS March 28, 2006 Page 82 of 85 specific statutory deadline in S 617 and then went on to grant the FCC authority to prescribe regulations implementing that deadline, 47 U.S.C. S 537. In the case of S 621(a)(1), of course, Congress did neither, and instead prescribed, in both S 621(a)(I) and S 635(a), that relief for violations of S 621(a)(1) must be sought in the courts, not from the FCC. Yet if, as the NPRM suggests, the FCC can rewrite S 621(a)(1) to make it read like S 617, then the words of S 621 (a)(1), and of S 617, would have no meaning at all. Furthermore, even if the FCC could prescribe a deadline under S 621 (a)(1) (which it cannot), it would be bad policy. If an applicant knows that its franchise will be "deemed granted" within a set number of days, it has little or no incentive to bargain in good faith with an LF A. On the contrary, it will have an increased incentive to stonewall. Moreover, a deadline to act and a "deemed granted" effect of inaction also would provide franchise applicants with an affirmative incentive to delay applying for the required local franchise until the last minute. This is because in most cases, due to state and local law public notice and hearing requirements for LF A action, the applicant will know that it will be impossible for the LF A to act within the prescribed FCC deadlines. In these circumstances, it might be in the applicant's interest to delay any local application until the last minute, knowing that the result is likely to be a "deemed granted" approval. A prescribed deadline for action also would create perverse incentives for LF As. Rather than encouraging LF As to work with franchise applicants in reaching a mutually acceptable franchise agreement, a deadline and "deemed granted" proposal would encourage LF As to act quickly and either deny a provider's franchise application or unilaterally grant it on terms that the applicant is unwilling to accept. The reason is obvious: Facing a deadline and a headstrong applicant in franchise negotiations, the only way that an LF A could preserve any ability to 36 NATOA et al. February 13, 2006 Agenda Item No. 16A8 March 28, 2006 Page 83 of 85 exercise its Cable Act-protected authority to ensure that a cable operator meets local community needs and interests would be either to deny the application or grant it in the LFA's unilaterally imposed terms. Only by acting precipitously on the application in this way could the LF A avoid the "deemed granted" effect of failing to act before the deadline lapsed. While any such denial or unilateral grant would of course be subject to challenge by the applicant before a court under S 621(a)(1), such litigation would at least still hold out the possibility of preserving the LF A's ability to protect local cable-related community needs and interests. It is therefore difficult to see how a mandatory deadline that would encourage greater confrontation and litigation between LF As and franchise applicants could serve the Commission's goal of promoting competitive franchises. Rather, a mandatory deadline would likely bog LF As and franchise applicants down in more litigation. The result would be the worst of all possible worlds: possible frustration of both S 621(a)(I)'s pro-competitve objectives and, at the same time, the Cable Act's touchstone that franchises be tailored to meet local cable-related need and interests. D. That A Franchise Applicant May Already Be In The Rights-Of-Way Does Not Change The Cable Act Requirement That A Cable Operator Must Satisfy Local Cable-Related Needs And Interests. The NPRM (at,-r 22) questions how what it claims is the "primary justification for a cable franchise" - an LF A's "need to regulate and receive compensation for the use of public rights-of-way" - "applies" in the case of franchise applicants, such as ILECs, that are already authorized to use those rights-of-way ("ROW") to provide telephone service, This question reflects a disturbingly flawed and crabbed understanding of the public obligations embodied in local cable franchising that the Cable Act preserves, 37 NATOA et al. February 13,2006 Agenda Item No. 16AS March 2S, 2006 Page 84 of 85 To be sure, the fact that a competitive franchise applicant is also the local ILEC will have an effect on the local franchising process. In the case of a local ILEC applicant, for instance, inquiry into the applicant's fmancial, technical and legal qualifications can usually be dispensed with. Similarly, in those local jurisdictions where ROW management requirements are imposed through generally applicable ordinances, rather than through individual franchise agreements (which is not true in all communities), ROW management issues in a cable franchise agreement with the local ILECs may also be truncated. But an applicant's status as a 10callLEC would have little or no affect on other aspects of cable franchising. PEG and I-Net requirements, for example, would be unaffected. The same would be true of franchise fee requirements, customer service standards, buildout requirements and police power requirements. In the case of build out requirements, an applicant's ILEC status may in fact mean that such requirements are more justified, and less of a supposed "barrier to entry" (NPRM at ,-r 23), than in the case of a competitive franchise applicant with no pre-existing facilities in the LF A's jurisdiction and with far less financial wherewithal than an ILEC. For a small applicant with no pre-existing facilities, a jurisdiction-wide buildout requirement may indeed make entry more difficult in some large jurisdictions. In the case of an ILEC, however, it is difficult to see what policy would be served by allowing the lLEC to do with cable service what it cannot do with telephone service: selectively and discriminatorily favor some of its existing customer base over others. PEG, I-Net, franchise fee, buildout, and customer servIce requirements are, III an economIC sense, a form of compensation for use of the ROW to provide cable serVIce, as opposed to use of the ROW to provide other kinds of utility services (to which, of course, different social obligations may attach), And they are requirements that the Cable Act has 38 NATOA et al. February 13, 2006 Agenda Item No. 16AS March 28, 2006 Page 85 of 85 decreed are necessary if a cable system is to be truly responsive to local community needs and interests. This structure ensures that at least one form oflocal media is in fact locally-responsive in what has become an era of increasingly consolidated, "cookie-cutter" national media. That, we submit, is a very valuable public benefit that the Cable Act rightly, and as it turns out, presciently preserves, CONCLUSION For the foregoing reasons, the Commission should not adopt any rules or guidelines to implement or enforce S 621(a)(1). Respectfully submitted, /s/ Tillman L. Lay James N. Horwood Tillman L. Lay Ruben D. Gomez SPIEGEL & McDIARMID 1333 New Hampshire Avenue, N.W. Second Floor Washington, D.C. 20036 (202) 879-4000 Counsel for NA TOA et al. February 13, 2006 39 NA TOA et al. February 13, 2006 Agenda Item No. 16A9 March 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Requesting that the Collier County Board of County Commissioners deny the request for a Land Development Code Special Cycle to specifically amend the Bayshore and Gateway Triangle Mixed Use District (MUD) Overlays in order to adopt an administrative deviation process. These overlay zoning district regulations were recently amended and adopted to guide redevelopment in the Bayshore/Gateway Community Redevelopment Area, OBJECTIVE: Requesting that the Collier County Board of County Commissioners deny the request to amend the Bayshore and Gateway Triangle Mixed Use District (MUD) Overlays for provisions for an administrative deviation process during the LDC Special Cycle 2006 1 a. Instead, the Bayshore and Gateway Triangle Mixed Use District (MUD) Overlay amendments will be introduced in the current regular LDC amendment cycle. CONSIDERA TIONS: The Board of County Commissioners (Board) has directed that staff request a LDC Special Cycle to amend the Bayshore and Gateway MUD overlays to include provisions for an administrative deviation process. However, after further discussion among County staff, the Executive Director of the Community Redevelopment Agency Advisory Board and a potential applicant, it was agreed that the potential problems facing an upcoming project within the overlay could be resolved by amendment of the overlay standards during the current LDC Cycle 2006-1. The identified changes will be introduced as LDC amendments in the current regular cycle; and it was the consensus that such changes will most likely not include the need for a publicly vetted administrative deviation process, FISCAL IMP ACT: No fiscal impact is anticipated if the Board does not approve the LDC Special Cycle request. If a Special Cycle is approved, the applicant will be required to pay the appropriate fee for the requested amendments and advertising costs, GROWTH MANAGEMENT IMP ACT: None. The adopted overlays were found to be consistent with the Growth Management Plan. STAFF RECOMMENDATION: To deny the request for the Special LDC Amendment Cycle for the reasons set forth above; and to concur with the Executive Director and staff's proposed approach in lieu of approval of an additional LDC Special Cycle in 2006. PREPARED BY: Catherine Fabacher, Principal Planner, LDC Zoning & Land Development Review - Page 1 of 1 Agenda Item No. 16A9 March 28,2006 Page 2 of 4 From: PDIMRF@aol.com [mailto:PDIMRF@aoJ.com] Sent: Tuesday, March 21, 2006 4:29 PM To: murray_s Cc: FabacherCatherine; JacksonDavid; PDISMF@aol.com Subject: Bayshore / Gateway Deviation Provision: Special Cycle Susan, I met with our clients this afternoon to review the meeting notes of yesterday's meeting with you, Catherine and David. They have accepted our recommendation to accept your proposal to process the MUP and SDP concurrently with your normal LDC Amendment Cycle which is expected to be completed in October/November and prior to the anticipated issuance date of the SDP (Jan.'07) for Arboretum Village. This assumes your representations that Staff can and shall accept the associated MUP and SDP applications and process them with consideration of the deviations, as discussed, pending final approval of the implementing LDC Amendment Regular Cycle Text Amendment required for deviation consideration. We understand that this is similar consideration given to SDP's pending favorable consideration of a rezone by the Board of County Commissioners. We are anxious and available to work with you and your Staff in the development of the devaiton text amendment language. Please advise when you and/or Catherine and David wish to meet. Looking forward to the opportunity....... Regards, PLANNING DEVELOPMENT INCORPORATED Development Consultants, Civil Engineers, Planners and Landscape Architects 5133 Castello Drive, Naples, Florida 34103 239.263.6934 / 239.263.6981fax Michael R. Fernandez, AICP President Agenda Item No. 16A9 March 28, 2006 Page 3 of 4 COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS Item Number: Item Summary: 16A9 A request that tne Collier County Board of County Commissioners approve LOC Special Cyclf: 2006 18 to amend the 8a~'shore and Gateway Triangle Mixed Use District (MUD) Overlays wilt' the addition of an 2ldrninislrative deviation process. Ttlese overlays were recently adopteti to gUide redevelopment in the Bayshore/Gateway Community Redevelopmem Area Meeting Date: 3128/2U06 9'00:00 AM Approved B~' Susan Murray, AICP Zoning & land Development Director Date Community Df'velopmf>nt & Environmental Services Zoning & Land Development Review 3/221200611 :58 AM Approved 8)" Sandra Herrera Legal Secretary Date County Attorney County Attorney Office 3/22/20061:15 PM Approved By MMjorie M. StlJoent.Stirling Assi~tanl County Attorney Date County Attorney County Attorney Office 3/22/20061:18 PM Approved By Constance A. Johnson Operations Analyst Community Development & Community Dl!velopment & Environmental Services Environmental Services Admin. Date 3/22/20061:26 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services. Community Development & Environmental Services Admin. 3/22120061:31 PM Approved By Leo E. Ochs., Jr. Deputy County Manager Date Board o~ County Commis.sioners County Manager's Office 3/22.120061 :38 PM Agenda Item No. 16A9 March 28, 2006 Page 4 of 4 PROPOSED LDC AMENDMENT SCHEDULE - 2006 SPECIAL CYCLE lA Amendment Submittal Deadline Friday April 7 by COB Staff Review Friday April 21 8 :30 a.m. Packets to EAC & DSAC Monday April 24 12:00 p.m. EAC Monthly Meeting Wednesday May 3 9:00 a.m. DSAC Monthly Meeting Wednesday May 3 3:30 p.m. Packets to CCPC Thursday May 4 9:00 a.m.. CCPC Meeting* Thursday May 18 8:30 a.m. Packets to BCC Tuesday June 6 9:00 a.m. BCC LDC Meeting 1 Thursday June 20** 9:00 p,m, * If an additional hearing is requested by the CCPC, it will be at the Thursday, June 1 regular meeting ** Ifregular BCC meeting agenda is too full, hearing will be moved to July 11 Community Development & Environmental Services Agenda Item No. 16B1 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Contract #06-3905 "Fixed Term Road Safety Audit Services" to three (3) firms at an estimated cost of $180,000 annually. OBJECTIVE: To obtain Board approval of the new annual professional services contracts for "Road Safety Audit" services for the purpose of taking a proactive step in providing an invaluable tool in providing impartial safety audit findings into the design of projects to address public safety concerns. CONSIDERATIONS: With public safety a high priority in roadway design, it is an invaluable tool to be able to obtain impartial safety audits and be able to incorporate the findings into the design of projects. A "Road Safety Audit" (RSA) is a formal safety performance examination of an existing or future roadway or intersection by a team of transportation professionals. The Federal Highway Administration (FHW A) is promoting the use of RSA to enhance the safety of our nation's highway system and to save lives. Collier County recently conducted three Road Safety Audits under a case study program through FHW A, and found the process to be extremely beneficial. Given the significance of safety, staff recommends that we perform RSA's for all projects to enhance sight distances, establish proper turn lane lengths, and evaluate the interaction of vehicles pedestrians and bicycles. By pursuing RSA's, Collier County will be in the forefront of a new and effective program to promote transportation safety, A Request for Proposal (RFP) was issued for the purpose of establishing a group of prequalified firms capable of providing professional "Road Safety Audit" services to the County under a continuing annual contract. Firms were prequalified by the Request for Proposal #06-3905. The RFP was issued in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act, and was publicly advertised in October, 2005. Notices were advertised, and responses were received from six (6) firms by the due date of November 16, 2005. A Selection Committee meeting was held. Following review, scoring and discussion of proposals from the RFP, a consensus of the members of the Selection Committee selected and ranked the top three (3) firms for annual contract negotiations. Upon Board approval, contracts will be delivered to the top three (3) firms. The top three (3) firms selected are: 1. Kittelson & Associates, Inc. 2. Vanesse Hangen Brustin, Inc. 3. TBE Group, Inc. ,.-.'. Contract negotiations have been successfully completed by staff for the three (3) short- listed firms at this time, All three (3) firms have agreed to a standardized fee schedule for Agenda Item No. 1681 March 28, 2006 Page 2 of 3 their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. FISCAL IMP ACT: The estimated fiscal impact associated with the use of the Road Safety Audit annual contract is between $7,000 and $15,000 per work order, billed to the individual project budget or operating cost of the department contracting the services on a project by project basis. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with the ranking of these firms. RECOMMENDATION: That the Board of County Commissioners approve the negotiated contracts \\-lth the three top ranked firms, and authorize the chairman to sign each agreement on behalf of the county . Prepared By: Michael A. Greene, E.I.T., Project Manager, TE&CM Department Attachments: Contracts (3) ;,...... Item Number: Item Summary: Meeting Date: Agenda Item No, 1681 March 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Recommendation to award Contract #06-3905 Fixed Term Road Safety Audit Services" to three fIrms at an estimated cost of $1 80,000 annually. 3/28/20069:00'00 AM Date Prepared By Michael Greene Transportation Services Project Manager Transportation Engineering & Construction Management 2113/200611 :45:40 AM Date Approved By Michael Greene Transportation Services Project Manager Transportation Engineering & Construction Management 3/212006 1 :59 PM Dale Apprond By Gary Putaansuu Transportation Services Senior Project Manager Transportation Engineering and Construction 3/2i2006 2:06 PM Contract Specialist Date Approved By Rhonda Rembert AdministrativE! Services Purchasing 312/20062:36 PM Usa Taylor Management/Budget Analyst Date Approved By Tmnsportation Services Transportation Administration 3/2/200& 2:49 PM Approved By Steve Carnell Administrative Services Purchasing!General Svcs Director Date Purchasing 3/2120063;34 PM Norm E. Fp.der, Ale? Date Approved By Transportation Services Transportation Division Administrator Transportation Services Admin. 3/6/2006 7 :29 AM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 3/7/2006 7 :40 AM Pat Lohnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin J!8f2006 8:45 AM Approved By OMS Coordinator County Manager's Office Administrative As.sistant Date Offic€ of Management & Budget 3/15/2006 8:31 AM Budget Analyst Date Approved B}' Mar~. Isackson County Manager's Office Office of Management & Budget 3i1512006 B:31 AM Date Approved By Michael Smykowski County Mannger's Office Management & Budget Director Office of Managt'!lllf!'flt &. Budget 3!16.'2006 2:44 PM Leo E. Ochs, Jr. Date Appro"'cd By Board of County CommIssioners DGputy County Manager County Manager's Office 3/16/20063:27 PM Agenda Item No. 16B2 March 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to accept a Quitclaim deed for Livingston Road and Radio Road Rights-of-Way. No fiscal impact. OBJECTIVE: To accept a Quitclaim Deed from Briarwood Shopping Center, LLC, to portions of Livingston Road and Radio Road rights-of-way. CONSIDERATION: Briarwood Shopping Center, LLC, the owner of the lands comprising the plat of Briarwood Plaza, as recorded in Plat Book 17, Pages 24 and 25, of the official records of Collier County, Florida, desires to quitclaim any and all of their remaining interest in the lands encumbered by the County's existing road right-of-way, sidewalk, drainage and utility easements for the abutting portions of Livingston Road and Radio Road, in order to fulfill a condition of the purchase of the Briarwood Plaza property by Lowe's Home Centers, Inc. Acceptance of the quitclaim deed from Briarwood Shoppjng Center, LLC, will place no burden on Collier County beyond that already shouldered as the holder of the existing easements. FISCAL IMP ACT: None, Recording fees to be paid by Grantor. ,".-~, GROWTH MANAGEMENT IMP ACT: There is no Gro\vth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners accept the Quitclaim Deed from Briarwood Shopping Center, LLC, Prepared by: Joan M. Smith, Property Acquisition Specialist TECM Right-of-Way Attachments: (1) Quitclaim Deed; (2) LegaVSketches (2) .- Item Number: Item Summary: Meeting Date: Agenda Item No. 1682 March 28, 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMM'SSIONERS 16B2 Recommendation to accept a quitclaim deed for Livingston Road and Radio Road righls~Qf~ way_ No fiscal impact. 3128/20069:00'00 AM Date Prepared By Joan Smith Administrative Services Property Acquisition Specialist TEeM-ROW 31112006 9:33:56 AM Norm E. Feder, AICP Date Approved By Transportation Services Transportation Division Administrator Transportation Services Admin. 3/2120067:28 AM Approved By Lisa Taylor Transportation Services Management/Budget Analyst Dale Transportation Administr~tion 3/2120062:48 PM Accounting Supervisor Date Approved By SharDll Newman Transporti'llion Services Transportation Services Admin 316/20065:15 PM Director Date Approved B}" Najel1 Ahmad Transportation Services Transportation Engineering & Construction Mltnagement 317120067;39 AM Kevin Hendricks Date Appro,,'cd By Transportalion Services Right Of Way Acquisition Manager TECM~ROW 3110/2006 1 :21 PM Approved By Pat Lehnhard Tr,msportil!ion Services Executive Secretary Date Transportation Services Admin 3/10/2006 1 :34 PM Administrative Assistant Date Approvcd By OMB Coordinator County Manager's Office Office of Management & Budget 3/1 512006 8 :27 AM Mark Isackson Budgot Analyst Date Approved By County M:m.:lg(~r's Office Office of Management & Budget 3:15120068:52 AM Approved By Jam!!s V. Mudd Board of County Comrni5~.ionf.lrs County Manager Date County Manager's Office 3/16/20062:07 PM Agenda Item No. 1682 March 28, 2006 Page 3 of 7 Prepared ByIRetum To: Bruce E. Sands, Esquire Henderson, Franklin, Starnes & Holt, P.A. 1715 Monroe Street Post Office Box 280 Fort Myers, Florida 33901-0280 PROJECT: PARCEL: FOLIO: QUITCLAIM DEED THIS QUITCLAIM DEED executed this L/ ~ day of November, 2005, by BRIAR WOOD SHOPPING CENTER, LLC, a Florida limited liability company whose post-office address is 12810 Tamiami Trail North, Naples, FL 34110 (hereinafter called the Grantor), to Collier County, a political subdivision of the State ofFlorid~ its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the Grantee): (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrwnent and their respective heirs, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel ofland situate, lying and being in Collier County, Florid~ to wit: SEE EXHIBIT "A" attached hereto and made a part hereof, Subject to easements, restrictions, and reservations of record. TO HA VE AND TO HOLD the same together with all appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor. Agenda Item No. 1682 March 28, 2006 Page 4 of 7 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: GRANTOR: Briarwood Shopping Center, LLC, a Florida limited liability company 1 t\_ ~..~ ) (h ,OJ~~ Print: K(dH'< (j .A ('\ \ f'...tJl ~~ Print: ~ Pk.. li,pc ~~ pso,,", By:_. ~~~ --- Stephen V. RobiSOn, Manager Date: frl...'1 - ()S- ST ATE OF FLORIDA ) ) SS: ) COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 3rd day of November, 2005, by Stephen V. Robison, the Manager of Briarwood Shopping Center, LLC, a Florida limited liability company, on behalf of the company, t;o) who is personally known to me OR ( ) who produced as identification. ~iJ-6 A Q fVJ (?J . (;)~J~j-- Notary Signature ... ~f'j~ KAREN B AN<NEf i.. :~ MY COMMISSION 11 DO 254795 . . - EXPIRES: December 20. 2007 , Bc>nded Thnl NOlIry Pulllic Undllwrlt8rs Print Notary Name NOTARY PUBLIC State of Florida at Large My Commission Expires: # 1371 626 2 Agenda Item No. 1682 March 28, 2006 Page 5 of 7 EXHIBIT" A" LEGAL DESCRIPTION A PORTION OF TRACT "A" OF "BRIARWOOD PLAZA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 00016'23" EAST ALONG THE WEST LINE OF SAID SECTION 31, A DISTANCE OF 75,07 FEET; THENCE NORTH 87046'05" EAST, A DISTANCE OF 100.10 FEET TO THE POINT OF BEGINNING: THENCE NORTH 00016'23" EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 45058'46" EAST, A DISTANCE OF 62.23 FEET: THENCE SOUTH 87046'05" WEST, A DISTANCE OF 45.00 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 1 ,011.53 SQUARE FEET OR 0,023 ACRES, MORE OR LESS. AND THE WESTERLY 1 00 FEET AND THE SOUTHERLY 25 FEET OF TRACT "A" OF "BRIARWOOD PLAZA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. .j " 0, 10 TRACT P (PRESERvE AROo) i i " " o. : .....~ TRACT n-l (ROCREA 1101'1) ~~.A.~WOI;r;D Q'N'I<.-1J.' O~ PI "T ilOOK ' n. ? ~CE!l -40-4~ WESTERLY 100 FEET oF' TRACT "A" TRACT B-1 tMlA.lI-rMoIILI'} WliSTI.IIlE oF SEcn~ JI....i-U ~.~;WOQ:f') ~:Jr..a.~~. PLAT aOOK 17. PADt 2+ a i 1.1 :: I ~ z o rn ~ z 5 TRACT Ir 1 (LAKE O.E.) --..-..-------.. ...-- --- ...-... ..-_... ~ -... _n..._....____.._....._. SClll1Hl\EST COIlNER oF llEt1\OH 31 ~"'-u \ \ t ~I @ '1'0111I5III1' '!!..!."!!:I..-- ____~-----------~-eo JOtmI (D,@ , , RADIO Rom ------------- ----------_.~------ ......------- --- (COUNTY' ROm 1'10, 65U) E "- '" .... .;,: I I ~ DESCRIPTION: o C'oI 8' THE WESTERLY 100 FEET AND THE $OUTHERL Y 25 FEET OF TRACT "A" OF "SR/ARWOOD PLAZA", ~ ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17. PAGES 24 AND 25, OF THE Z PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. ~ E c;;- LEGEND: g P.O.C. INDICATES POINT OF COMMENCEMENT C5 P.O.B. INDICATES POINT OF BEGINNING ,d O.R.8. INDICA TES OFFICIAL RECORD BOOK e GRAPHIC SCALE '" ~. ~ ~ NOTES: ~ 1. THIS IS NOT A SURVEY t!. 2. BEARINGS ARE BASED ON THE FLORIDA 8 STATE PLANE COORDINATE SYSTEM, FLORIDA ~ EAST ZONE. THE SOUTH LINE OF SECTION 31 * HAS A REFERENCE BEARING OF SOUTH ~ 87"46'05" wEST. g 3. SUBJECT TO EASEMENTS. RESERVATIONS ~ AND RESTRICTIONS OF RECORDS. I ~ 200' O' ~ 100' I 200' I (, IN FEET ) 1 inqh ... 200 ft. CERT~rrCA~ro~:' ( . _ ~~, t-h:...l~.. Thome~ M...H1lndf)". (FQr .the. Eirm ~ ProfesslonE!! ~end 'SUI]'r f'locido Certrfic<1~e No. 5281 Date S'ign"d: . IC :0.11. e.t'__-.::-- Not valid wfttl'out th.1 ign'ett"'e ond th~ o~iginaJ raised seal of 0 Floridg Licensed ~\.lrveYClr end Mapper ]OHNS$N ENGINEERING 2:.'550 STANFORD COURT NAPLES. R.ORIDA 34-112 PHONE (239) 431--0046 FAX (239) q.34-9320 E.B. #542 &; LB. fl642 SKETCH AND ,DESCRIPTION DATE 11(2005 UJ ~I' pi b ~ If) . I" P.G.C. g SOuTHWEST CORNER OF Z rSECllON 31-49-~6 ) RADIO ROAD 1/ (COUNTY ROAD NO-:-856)" I WEST LINE OF I SECTION 31-49-26 "I z o ~A m< c.!JO Z~ ~ > ~ H NBT46'05"E _..;.......-. 100.10' DESCRIPTION: Agenda Item No. 16B2 March 28, 2006 I ',' ~. ~:: I' .1 -. :~. "- TRACT A ~R~....aW@@D PLA9A PLAT BOOK 17, PAGE 24 <. '" 0.023 ACRES, + /- . _.--- '. .r. -.', ". " P.G.B. 75' SOUTHERLY 25 FEET OF TRACT. A" A PORllON OF TRACT "A" OF "BRfARWOOD PLAZA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, BEING MORE ij PARTICULARL Y DESCRIBED AS FOLLOWS: " >'"l r:.: <n o c N COMMENCE AT THE SOUTI-lWEST CORNER OF SECllON 31, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; TIiENCE NORTH 00'16'2:3" EAST ALONG THE WEST UNE OF SAID SECTION 31, A DISTANCE OF 75.07 FEET; THENCE NORTH 8T46'05" EAST. A DISTANCE OF 100.10 FEET TO THE POINT OF BEGINNING: THENCE NORTH 0016'2.3" EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 45.58'46" EAST, A DlSTANCE OF o 62.23 FEET; THENCE SOUTH 87"46'05" WEST, A DISTANCE Of 45.00 FEET TO THE SAID POINT OF BEGINNING. > -i! CONTAINING 1,011.53 SQUARE FEET OR 0.023 ACRES, MORE OR LESS. GRAPHIC SCALE ~ :s <i:' LEG END: ;: P.O.C. INDICATES POINT OP COMMENCEMENT g P.O.B. INDICATES POINT OF BEGINNING Qt O.R.B. INDICATES OFFICIAL RECORD BOOK " ~ NOTES: ~ 1. THIS IS NOT A SURVEY i;i 2. BEARINGS ARE BASED ON THE FLORIDA g STATE PLANE COORDINATE SYSTEM, FLORIDA ~ EAST ZONE. THE SOUlli LINE OF SECnON .31 ~ HAS A REFERENCE BEARING OF SOUTH r- :R 87.46'05" WEST. [5 3. SUBJECT TO EASEMENTS. RESERVATIONS ~ AND RESTRICllONS OF RECORDS. III .... ,ENGINEERING 2350 STANFORD COURT NAPLES. FLORIDA 34-11 Z PHON!:: (239) 'l-3<+-OO~6 FAX (239) '1-]+-9320 E.B. JlI642 &: L.B. (1642 ~ 30' 0' ~--~ 30' I 15' r .< IN FEET ) 1 inch = 30 ft. CERTIFICATro~ Thomos~: t;:-; the Firm '!t42) Professional Lond Survey'or Florida Certificate No. 5281 Dote Signed: III p:/ /0 ( Not valid with~gnat&re and the original ro/sec1 seol of 0 Aorida Licensed SLlrYeyor end Mapper SKETCH AND DESCRIPTION DATE SH&..\ 10/2005 1 OF 1 Agenda Item No. 1683 March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the Collier County Transportation Disadvantaged Program in the amount of $26,804.73. OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a budget amendment to recognize revenue received for the Collier County Transportation Disadvantaged Program (project 31427) in the amount of $26,804,73, CONSIDERATIONS: Funds were received and deposited into project 31427, County Transportation Disadvantaged funds, in the amount of $22,756.74 from A TC invoice reimbursement and $4,047.99 from Workforce Council that was invoiced for Hurricane Shuttle Assistance, for a total of $26,804.73. These funds were deposited in Transportation Disadvantaged Fund (427) and must be recognized and appropriated for future Para-transit servIces, FISCAL IMP ACT: Revenue in the amount of $26,804.73 was deposited in Transportation Disadvantaged Fund (427). A budget amendment is required to recognize and appropriate the revenue received. GROWTH MANAGEMENT IMP ACT: There IS no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve all necessary budget amendments. Prepared By: Blanca Nieves, Administrative Assistant, Alternative Transportation Modes Item Number: Item Summary: Meeting Date: Agenda Item No. 16B3 March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMM'SSIONERS 1683 Recomrnendallon for tile Board of County Commissioners to approve a budget amendment 10 recognize revenue received for the Collier Coumy Transportation Disadvantaged Program in the amount of $26804.73 3/28/200690000 AM Senior Planner Date Prepared By Lisa Hendrickson Transportation Services Alternative Transportation Modes 3/1012006 2:36:32 PM Lisa Hendrickson Senior Planner Date Approved By Transportation Services Alternative Transportation Modes 3110/20062:36 PM Approved By Barbara laPierre Transportation Services Management/Budget Analyst Date Traffic Operations 3/13/2006 2:01 PM Norm E. Feder. Alep Transportation Di....lsion Administrl'Jtor Date Approved By Transportation Services Transportation Services Admin. 3/14120069:36 AM Approved B}' Diana B. Flagg Transportation Services Director ATM Director Date Alternative Transportation Modes 3/14120061 :09 PM Accounting Supervisor Date Approved By Sharon Newman Tr.msportatlon Services Transportation Services Admin 3/14/20063:39 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services lransportation Services Admin 3/15/20069:34 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Offico of Management & Budgel 3/151200612:18 PM Dale Approved By Mark Isackson County Manager's Office Budget Analysl Offtce of Management & Budgel 3121/20061 :08 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/21120061:13 PM Agenda Item No. 1684 March 28, 2006 Page 1 of 44 EXECUTIVE SUMMARY Recommendation to approve Change Order No, 2 to Professional Services Agreement No. 04-3587 in the amount of $398,713 for additional engineering services with American Consulting Engineers of Florida, LLC for design additions and modifications to the County Barn Road expansion project from Rattlesnake Hammock Road to Davis Blvd., Project No. 60 I 01. OBJECTIVE: To obtain approval of the negotiated Change Order No. 2 to the Professional Services Agreement with American Consulting Engineers of Florida, LLC, for engineering services for the expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. CONSIDERA TIONS: Additional services were required to design the relocation of utility lines, as this requirement was not in the basic services, as an older design proved to be unusable. The configuration of 25 segments of box culverts changed which caused additional design services. The location of a pond site changed as shallow rock was discovered. This necessitated additional design services. FISCAL IMPACT: Funds in the amount of $398,713 are available in gas taxes and impact fees, Source of funds are impact fees and gas taxes ",-, GROWTH MANAGEMENT IMP ACT: The expansIOn of County Barn Road IS consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves Change Order No.2 to the Professional Services Agreement with American Consulting Engineers of Florida, LLC, in the amount of$398,713, and that the Chairman be authorized to sign the standard, County Attorney approved change order. Prepared by: Allen R. Ruth, P.E., Senior Project Manager, TECM Attachments: (1) Change Order No, 2; (2) Scope of Services; (3) Cost Estimate ,.- Item Number: Item Summary: Meeting Date: Agenda Item No. 1684 March 28, 2006 Page 2 of 44 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B4 Recommendation to approve Crmnge Order No.2 fa Professional Services Agreement No 04-3587 In the amount of $398,71 3 for additional engineering services witl1 American Consulting Engineers of Flonda, LLC for design addilions and modifications to the County Barn Road ex.panslon project from Rattlesnake Hammock Road to Davis Blvd" Project No 60101 3/2812006900:00 AM Senior Project Manager Date Prepared By Allen R. Ruth, P.E. Transportation Services Transportetion Engineering and Construction 3/10120062:42:51 PM Approved By Date- Allen R. Ruth. P .E. Transportation Services Senior Project Manager Transportation Engineering and Construction 3110(20062:43 PM Rhonda Rembert Contract Specialist Date Approved By Administrative Services Purchasing 3{13/2006 12:34 PM Approved By Gary Putaansuu Transportntion Services Date Senior Project Manager Transportation Engineering and Construction 3!1312006 2:47 PM Approvcd B)' Director Date Najeh Ahmad Transportation Services Transportation Engineering & Cons.trucHon Management 3/14/20068:47 AM Transportation Division Administrator Date Approved By Norm E. Feder, AICP Transportation Services Transportation Services Admin. 3/14/20069:35 AM US<l Taylor Management/Budget Analyst Date Approved By TnmsportatlOn Services Transportation Administration 3/14/200611 :16 AM Sharon Newman Accounting Suparvisor Date Approved By TransportAtion Services Transportation Servicas Admin 3114/20062:15 PM Steve Carnell Purchas.jnglGeneral Sves. Director Date Approvcd B)' Administrative Servi<:cs Purchasing 3/15/2006 1 :46 PM Approved By Pat Lehnhard Transportation Services Executive Secretary Dale Transportation Services Admin 3!15/2006 3:54 PM OMB Coordinator Admmistrative Assif>t<lnt Date Approved By County Manager's Office OffIce of Management & Budget 3/16/20067:53 AM Michael Smyk.owski Manage!1wnt &. Budget Dimctor D<lte Approved By County Manager's Office Office of Management & Budget 3/20/2006 5:06 PM Leo E, Oc.hs, Jr. Deputy Countl/ Manager Date Approved B}' Board of County Commissioners County Manager's Office 3120/2006 6:06 PM CHANGE ORDER Agenda Item No. 1684 March 28, 2006 Page 3 of 44 CHANGE ORDER NO. 2 CONTRACT NO. 04-3587 BCC Date: 05-25-04 Agenda Item: 16(B)(8) TO: American Consultinq EnQineers of Florida. LLC 4111 Land 0' Lakes Boulevard, Suite 210 Land 0' Lakes, FL 34639 DATE: March 28, 2006 PROJECT NAME: County Barn Road PROJECT NO.: 60101 Under our AGREEMENT dated Mav 25 ,2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE Additive Sum of: three hundred and ninetv-eiQht thousand and seven hundred and thirteen dollars ($ 398,713). Present Agreement Amount $ $ $ $ 833.297 - 0 - Original Agreement Amount Sum of Previous Changes This Change Order (Add) 398,713 1,232,010 The time for completion shall be increased by 151 calendar days due to this Change Order. Accordingly, the final completion date is June 30. 2008 . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,2006 CONSULTANT: American Consulting Engineers of Florida, LLC OWNER: By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Revised 2/24/2005 Agenda Item No. 16B4 March 28, 2006 March 21, 2004 Page 4 of 44 Revised SA No.2 February 17,2006 SCHEDULE A SCOPE OF SERVICES - SUPPLEMENTAL AGREEMENT No.2 HIGHWAY DESIGN COUNTY BARN ROAD (RA TTLESNAKE HAMMOCK ROAD TO DAVIS BOULEVARD) \\fsloI04\data\users\5forrer\My Documents\Current Work Files\County BamISupplement_l\County Barn Road Final Scope with SA 2 021706.doc Agenda Item No. 1684 March 28, 2006 Page 5 of 44 SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES HIGHW A Y DESIGN This Exhibit forms an integral part of the agreement between Collier County Board of County Commissioners (hereinafter referred to as the COUNTY) and American Consulting Engineers of Florida, LLC (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: Project ID: 60101 Description: Construction of a roadway, utility, and drainage improvement project. The project improves County Barn Road from Rattlesnake Hammock Road to Davis Boulevard (SR 84). 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSUL T ANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: · Construction of a divided, multi-lane roadway. The general objective is for the CONSULTANT to prepare a set of plans and specifications to be used by a contractor to build the project, and by the COUNTY to ensure that the project is constructed as designed and to the specifications. Elements of work shall include updating roadway plans, intersection detail plans, drainage plans, signing and pavement marking plans, utility relocation plans, cost estimates, environmental permits, quantity computation books, and all necessary incidental items for to complete the project. The Scope of Services establishes which items of work described in the FOOT Plan Preparation Manual(s) and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility ofthe CONSULTANT or the COUNTY. All plans and design documents are to be prepared with standard English values in accordance with all applicable Florida Department of Transportation (hereinafter referred to as FOOT) Manuals and guidelines and as directed by the COUNTY. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to FOOT procedures. It shall be the CONSULTANT's responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution ofthe work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of the contract plans. The COUNTY will provide job specific information and/or functions as outlined in this contract. 2 PROJECT DESCRIPTION The CONSULTANT shall incorporate the following into the design of this facility: County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 1 Agenda Item No. 1684 March 28, 2006 Page 6 of 44 2.1 Roadway Plan Type: PlanIProfile sheets. Update 100% plan set to meet current FOOT Green Book standards for horizontal and vertical geometric design. Typical Section: Design will provide for a divided urban roadway, including sidewalks on both sides, bike lanes where feasible, and drainage/canal easements as necessary. Cross Sections: Generate new cross sections based on the new survey being provided by the COUNTY. Driveway Cross Sections: Develop cross sections for the proposed driveway locations. (SA 2) Noise Wall Analysis: Updating previous noise wall report based on new configuration of the roadway. Collect noise data on the effectiveness of the existing privacy walls at Riviera Golf Estates. (SA2) Add a northbound right turn lane at the County Maintenance Facility. (SA 2) Limits: County Barn Road, from north of the intersection with Rattlesnake Hammock Road to the intersection with Davis Boulevard (SR 84), a distance of approximately 2.04 miles. Maior Intersections: There is one intersection detailed in the Intersection Details Sheets; the intersection is County Barn Road with and Davis Boulevard. The proposed spot elevations on the intersection plans will be checked to ensure agreement with the revised roadway vertical geometry . 2.2 Drainage The drainage configuration designed by the previous consultant will be reviewed for technical adequacy and modified as necessary to meet agency requirements and to reflect the revised roadway vertical geometry. Scoped Drainage work will include: 1) Review and modify (as necessary) the previous drainage design and prepare construction plans for the County Barn Road drainage system. 2) Design off-site pond. 3) Prepare and submit pennit applications. The stonn water system will be designed to meet the pennitting requirements of all permitting agencies. Stormwater system design will consider best management practices, open, closed, ditches, ponds, exfiltration, etc. or a combination thereof, within the existing right of way. The consultant shall update the plans to replace Pond D with Pond E. The plan revisions shall include changes to the proposed utilities, drainage structures, offsite swales, pond modeling, wetland delineation, additional survey, and updates to the permit application. (SA 2) 2.3 Utility Coordination and Design The CONSULTANT will: 1) Coordinate with all utility owners on this Project to ensure that any changes by these companies is identified and included in the plans. 2) Identify needs to relocate, modify and/or leave in place. Design of the necessary modifications and relocations of Collier County and City of Naples utilities, such as water, sanitary sewer, stonn sewer, reclaimed water, etc will be considered County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 2 Agenda Item No. 1684 March 28, 2006 Page 7 of 44 an Optional Service. The exact scope of work and fee will be detennined once the level of work is known. Prepare design and construction plans for the relocation of the existing forcemain, watennain and reuse lines within the limits of the project. Modeling of the existing systems will not be required. The pipe diameters of the proposed pipes will match the diameters of the existing pipes. (SA 2) 2.4 Permits The CONSULTANT will: 1) IdentifY all needed pennits. 2) Obtain COUNTY approval on decisions regarding, or modifications to, pennits. 3) The CONSULTANT will include LASIP parameters if they can reasonably be included into the design of this roadway improvement project. The COUNTY and CONSULTANT will detennine what is considered reasonable for inclusion into the design. 4) Obtain COUNTY review prior to submittal of applications and designs to the pennitting agency. 5) The CONSULTANT will be responsible for ensuring that all required environmental assessments and surveys are performed. These assessments include, but are not limited to, Listed Species, Archaeological Resources, and Jurisdictional Wetland surveys. 6) Obtain all necessary penn its including, but not limited to: Environmental Resource Penn it from the South Florida Water Management District and the Anny Corps of Engineers; and National Pollutant Discharge Elimination System Permit from the Florida Department of Environmental Protection and the Environmental Protection Agency. 7) Permit fees will be paid by the COUNTY. A COUNTY representative will be present at all meetings with regulatory agencies. ModifY the permit application to accommodate the addition of Pond E. (SA 2) 2.5 Structures The CONSULTANT will analyze and design structures as follows: Miscellaneous: In order to provide for the turning movements at intersections, it may be necessary to extend existing box culverts on side roads. Other miscellaneous structure services could include, but not limited to, culvert extensions, foundations, mast arms, lighting, and barrier walls as detennined during design. Box Culvert Analvsis and Structural Design: Box culvert configuration changed from URS plans. Included design of 25 segments. (SA2) Strain Pole Analysis at Rattlesnake Hammock: Analyze the existing strain pole to see if adding additional signal heads are structurally feasible. (SA2) 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. The need, number and locations of signs and signing and pavement markings shall be detennined during the design process. This scope of services does not include the design of cantilever and/or overhead sign structures. County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 3 Agenda Item No. 1684 March 28, 2006 Page 8 of 44 2.7 Maintenance of Traffic (MOT) The CONSULTANT will prepare a schematic MOT plan that will assist the project's construction contractor in the preparation of their bid and subsequent preparation of a detailed MOT plan. The CONSULTANT's schematic MOT plan shall specify: minimum standards, acceptable lane closure restrictions, access considerations, phasing, time and duration considerations. The schematic MOT plans shall meet the requirements of FOOT Level 1 plans. Detailed MOT plans for each phase of construction are not required. 2.8 Signals & Lighting Intersections: There are signalized intersections at Rattlesnake Hammock Road and Davis Boulevard. Strain pole systems will be replaced with mast arm systems at Davis Boulevard. Modification ofthe Rattlesnake Hammock Road signal is not included in the scope of work. Additional Signal plan sheet needed at Rattlesnake Hammock for loop detector replacement(SA2 ) Signal warrant studv at Charlemagne: Includes signal warrant report and traffic counts to determine the need for a new signal. (SA2) Lighting: Street lighting is to be provided along County Barn Road. 2.9 Landscape Architecture Planting Plans: The CONSULTANT shall specify the use of special median soils in areas of future plantings, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Irrigation Plans: The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future landscaping, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Hardscape Plans: The CONSULTANT shall provide design of sidewalks to provide connection, where feasible, throughout the project. 2.10 Survey It is assumed that the baseline topographical survey for the project will be provided by the COUNTY. The COUNTY shall provide this to the CONSULTANT as a three-dimensional model in AutoCad format. The CONSULTANT will hire a licensed professional land surveyor for additional survey needs at the pond site. In addition, the CONSULT ANT shall obtain other miscellaneous survey deemed necessary and this additional miscellaneous work will not exceed 10 crew-days. The CONSULTANT shall also obtain survey for project property line staking, and this work shall not exceed 10 crew-days. 2000' of additional survey needed on Davis Boulevard. (SA2) 150' of additional survey needed for Glen Eagle Blvd north of Davis Boulevard. (SA2) Miscellaneous survey needed due to additional Right of Way requirements. (SA2) 2.11 Right of Way It is assumed that some additional Right-of-Way will be required for the construction of a northbound right turn lane at Davis Boulevard and the new drainage pond. Drainage easements may be required for the conveyance of roadway/offsite runoff. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 4 Agenda Item No. 16B4 March 28, 2006 Page 9 of 44 Additional legal descriptions: 74 additional legal descriptions plus additional legal description for Pond E. (SA2) 2.12 Geotechnical The COUNTY will supply the original project geotechnical data to the CONSULTANT. The CONSULT ANT will hire a geotechnical firm to provide borings and laboratory testing of soils in accordance with FDOT guidelines for noise walls, the pond location and for the signal work at Davis Boulevard. Additional geotechnical data is not required for the roadway construction. 2.13 Phased Construction One set of bid documents and construction plans will be prepared by the CONSULTANT. At the discretion of the COUNTY, the project may be bid and/or constructed in multiple phases. Should the COUNTY require that the project be bid and/or constructed in more than one phase, the CONSULTANT will negotiate with the COUNTY any additional fees required to perform any additional work associated with the proposed phased construction. 2.14 Specifications Package The CONSULTANT will prepare the specifications package in accordance with FDOT and COUNTY procedures. The COUNTY will provide completed "front end" specification sections. 2.15 Project Schedule The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design. The schedule shall indicate completion dates for 60%, 90% and 100%, and Final submittals. The schedule shall allow two weeks for the COUNTY's review of the 100% plans and three weeks for the review ofthe 60% and 90% plans. 2.16 Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of design plans for distribution, including two sets each for the City of Naples, as follows: 1) 60% 8 sets 2) 90% 10 sets 3) 100% 1 0 sets The CONSULTANT shall furnish a camera-ready set of plans and specifications to the COUNTY at 100% completion. The size of the final plans shall be 11" x 17". All electronic (digital) files of final plans and specifications will be submitted to the COUNTY on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional Autoead (.dwg) software format, and also plotted or scanned to an Adobe Acrobat (.pdt) format. County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 5 Agenda Item No. 16B4 March 28, 2006 Page 10 of 44 2.17 Provisions for Work All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FDOT manuals, memorandums, and guidelines. 2.18 Services to be Performed by the COUNTY The COUNTY will provide those services and materials as set forth below: 1) Regarding Environmental Permitting Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract; b) Provide the appropriate signatures on application forms. 2) Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY. 3) The COUNTY will provide design traffic for the corridor and the County Barn Road / Davis Boulevard intersection to be used by the CONSULTANT for alternatives analysis, signalization and queue length determinations. 4) Provide reviews of roadway plans during the various stages of plan development. 5) All future information that may come to the COUNTY during the term of the CONSULTANT's Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work. 6) Provide a baseline three-dimensional topographic survey of the project area for CONSULTANT's use in project plan development. 7) Project data currently on file including existing geotechnical data, noise study, drainage study, plans, electronic files, and environmental study. 8) County standards and review services. 9) All available information in the possession of the COUNTY pertammg to utility companies whose facilities may be affected by the proposed construction. 10) All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right-of-way. 11) Existing right-of-way maps. 12) Property values for parcels designated by the CONSULTANT for potential acquisition. 13) Completed front-end construction document sections required for bidding and construction. 14) Provide video detector specifications and details. 2.19 Supplemental Consideration The COUNTY may negotiate engineering inspection services with the CONSULTANT prior to construction as part of the professional service being solicited. Specifically, engineering inspection would require designating a qualified person(s) to oversee construction activities, document construction activities and progress, and communicate directly with COUNTY staff. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 6 Agenda Item No. 1684 March 28, 2006 Page 11 of 44 3 PROJECT GENERAL TASKS 3.1 Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be kept informed about the project. Three public meetings will be held on this project, one after the 60% and 90% design phases, with the last being a Construction Kick-off Meeting. In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULT ANT shall anticipate participation in two additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. 3.2 Coordination Meetings Prior to printing of the review plans at each of the 60% and 90% design stages, an advanced discussion of the project will take place at a Coordination Meeting. The CONSULTANT will provide COUNTY Staff with review "draft" copies of the plans drawings two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The CONSULTANT will present the project to COUNTY Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, ifneeded, and to provide a coordinated effort at the public presentations. 3.3 Joint Project Agreements This scope of work does not include preparation of Joint Project Agreements. 3.4 Specifications Package Preparation The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2000 format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. The specification package shall be based on the 2004 edition of FDOT's Standard Specifications for Road and Bridge Construction as modified by COUNTY specification requirements. The specification package may include Special Provisions or Supplemental Specifications as directed by the COUNTY. The COUNTY will provide the completed front- end contract document sections. The FDOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at the time of the 90% plan review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of the following items: County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 7 Agenda Item No. 1684 March 28, 2006 Page 12 of 44 1.) The printed specifications package (one side only and properly numbered). 2.) A copy ofthe final project plans. The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review by the COUNTY. 3.5 Contract Maintenance Includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsuItant agreements, etc. 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. 3.7 Post Design Services CONSULTANT shall provide post design services to include attendance at a Pre-Bid meeting and at a Pre-Construction meeting, shop drawing reviews, and responses to requests for information (RFl's). As optional services and at the written direction from the COUNTY, CONSULT ANT shall conduct up to 6 site visits and perform design modifications to the plans and permits. PROJECT COMMON TASKS These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 21. Proiect Research: The COUNTY shall provide any the existing research from the previous Consultant of existing PUO and ORI documents for developments adjacent to the project for commitments regarding Right of Way, Stormwater Management, Roadway Improvements or any other commitments involving the interests of the COUNTY. The CONSULTANT will review that research records for any changes. All existing PUO and ORI documents will be assembled into a Project Commitment Report and submitted to the COUNTY for their review with the 60% Plans. Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate if any scope changes occur and/or at a milestone of the project. A Summary of Pay Items sheet shall be prepared with the 60%, 90%, and 100% plans. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2 "x 11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 8 Agenda Item No. 16B4 March 28, 2006 Page 1 3 of 44 Field Reviews: Includes all trips required to obtain necessary data for all elements of the project. Technical Meetings: Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, railroad companies, progress review meetings (phase review), and miscellaneous meetings. Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULT ANT is not the intent of having external design review consultants. The purpose of CONSULTANT plan reviews is to ensure that the CONSULTANT's plans follow the plan preparation procedures outlined in the FDOT Plans Preparation Manual, that state and federal design criteria are followed consistent with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULT ANT shall provide a Quality Control Plan that describes the procedures to be utilized to verify, independently check, and review all maps, design drawings, specifications, and other documentation prepared as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan may be one utilized by the CONSULTANT as part of their normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, signals, geotechnical, signing and marking, lighting, surveys, etc) and a written resolution of comments on a point by point basis will be required with each review stage submittal. The responsible Professional Engineer, Landscape Architect or Professional Surveyor that performed the Quality Control review will sign a statement certifying that the review was conducted. The CONSULTANT shall through all stages of design and project construction, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services. Requests for Infonnation (RFI's) from the COUNTY or the project's construction contractor regarding plan or specification deficiencies, ambiguities or conflicts shall be resolved to the satisfaction ofthe COUNTY without additional compensation to the CONSULTANT from the COUNTY. Independent Peer Review: Independent Peer Reviews are not required. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The typical sections provided in the existing plans will be used as a guide for the new Typical Section Sheets, with the new addition of bike lanes, if possible. 4.2 Pavement Design Package The COUNTY shall provide the standard pavement section(s) to be utilized for the improvements. County Barn Road Scope March 21,2004, Revised SA No.2 February 17, 2006 Page 9 Agenda Item No. 16B4 March 28, 2006 Page 14 of 44 4.3 Access Management The CONSULTANT shall review adopted COUNTY access management standards and the existing access conditions. Existing access that will be closed, relocated or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the 60% plans submittal. 4.4 HorizontalNertical Master Design Files The CON S UL T ANT shall design the geometrics using the FDOT Green Book design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, and scope of work. The horizontal and vertical geometrics provided in the existing 100% construction plans shall be utilized to the greatest extent possible. The profile shall be modified to provide a minimum grade of 0.300% if possible. 4.4.a Intersection Analysis The CONSULTANT shall perform an analysis of the County Barn Road and Davis Boulevard intersection to determine the appropriate number of approach lanes and turn lane lengths on each approach to the intersection. The COUNTY will provide 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the CADD manual. 4.6 Traffic Control Analysis The Traffic Control Analysis shall be performed by the Contractor and approved by the COUNTY. The plans prepared by the Contractor shall be signed and stamped by Professional Engineer in the State of Florida and Certified in Preparation of Maintenance of Traffic plans. 4.7 Master TCP Design Files - Not applicable 4.8 Design Variations and Exceptions - Not applicable 4.9 Design Documentation The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULT ANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8-1/2"x 11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8-1/2"x 11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the computation book and various summary of quantities sheets. This includes all efforts required to develop the computation book and the supporting documentation, including construction days when required. 4.11 Cost Estimate 4.12 Technical Special Provisions 4.12.a Noise Study - Final Recommendations County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 10 Agenda Item No. 1684 March 28, 2006 Page 15 of 44 COUNTY has completed a noise study for the project. Changes in the study are not required by CONSULTANT. CONSUL T ANT shall work with the COUNTY in detennining final wall locations and heights. Conduct an analysis of the existing privacy wall to determine its' suitability to serve as a noise wall. (SA 2) 4.13 Field Reviews 4.14 Technical Meetings 4.15 Quality Assurance/Quality Control 4.16 Independent Peer Review 4.17 Supervision 4.18 Coordination 5 ROADWAY PLANS The CONSULT ANT shall prepare Roadway, Drainage, Utility Adjustment Sheets, plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction: 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Maps 5.4 Interchange Drainage Map Not applicable 5.5 Typical Section Sheets 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Detail Sheet 5.9 BHRS Not applicable 5.10 Summary of Drainage Structures 5.11 Optional Pipe / Culvert Material Not applicable 5.12 Project Layout 5.13 Plan/Profile Sheet Plan/Profile sheets shall be used for improvements of County Barn Road. 5.14 Profile Sheet Not applicable 5.15 Plan Sheet Not applicable 5.16 Special Profile Not applicable. 5.17 Back of Sidewalk Profile Sheet Not applicable 5.18 Interchange Layout Sheet Not applicable 5.19 Ramp Terminal Details (Plan View) Not applicable 5.20 Intersection Layout Details for Davis Boulevard County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 11 Agenda Item No. 16B4 March 28, 2006 Page 16 of 44 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheet 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan/Profile Not applicable 5.25 Lateral Ditch Cross Sections Not applicable 5.26 Retention/Detention Ponds Detail Sheets 5.27 Retention Pond Cross Sections 5.28 Cross-Section Pattern Sheet Not applicable 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections Prepare driveway cross sections. (SA 2) 5.31 Traffic Control Plan Sheets Typical section and phase notes only 5.32 Traffic Control Cross Section Sheets Not applicable 5.33 Traffic Control Detail Sheets Not applicable 5.34 Utility Adjustment Sheets 5.34.a Evaluate Existing 100% Utility Relocation Plans 100% Utility Relocation Plans were prepared for County Barn Road by URS, dated June 2003. The CONSULTANT shall evaluate the 100% plans for constructibility and plan completeness. This scope of work does not include performing network analysis or modeling. It is assumed the utility pipe sizes shown in the Plans are correct and have been approved by the COUNTY. Review effort includes a field review and two meetings with COUNTY staff to review and verify plan intent. 5.34.b Reissue Utility Relocation Plans Utility Relocation Plans shall be updated by the CONSULTANT based on the constructibility conducted in Task 5.34.a. Updated Utility Relocation Plans shall be submitted with the 60%, 90%, and Final Plan submittals. This task includes minor plan revisions to conform with the roadway plans such as adjusting valve locations, eliminating conflicts with drainage structures, and new service connections. Adjustments in the horizontal and vertical alignment of a utility are a major modification that is covered under Task 5.34.c. It is assumed the electronic CADD files prepared by URS are usable with minor format modifications required. 5.34.c Modify Utility Relocation Plans (OPTIONAL SERVICE) The CONSULTANT shall perfonn major updates to the Utility Relocation Plans that could include adjustments to horizontal or vertical alignments, pipe sizes and materials. Work under this task shall be performed only under written direction from the COUNTY. The specific scope and fee are to be determined at a later date. 5.35 Selective Clearing and Grubbing Not applicable 5.36 Erosion Control Plan 5.37 Storm Water Pollution Prevention Plan (SWPPP) County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 12 Agenda Item No. 16B4 March 28, 2006 Page 17 of 44 5.38 Project Control Network Sheet Not applicable 5.39 Interim Standards 5.40 Utility Verification Sheet (SUE Data) 5.41 Quality Assurance/Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable Manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and storm water management system. All design work shall comply with the requirements of the appropriate regulatory agencies and the FDOT's Drainage Manual. Coordinate fully with the appropriate permitting agencies, City of Naples, and the COUNTY's staff. The work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation Analyze, determine and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above mentioned surface waters. 6.2 Pond Site Analysis Report Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The FDOT Drainage Manual provides specific documentation requirements. Up to two pond sites will be considered. Modify the report to include Pond E. (SA 2) 6.3 Design of Cross Drains Existing cross drains will be replaced with new conduits consistent with the recommendations of the study and the CONSULTANT'S review findings, and as directed by the COUNTY. 6.4 Design of Roadway Ditches and Canals Design roadway conveyance ditches and canals, including the modifications of existing facilities. This includes determining ditch and canal cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls that may be required for the widened roadway. 6.6 Design of Stormwater Management Facility (Offsite Ponds or Alternative Methods) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. Design alternative stonnwater facilities to avoid pond sites and the acquisition of additional right of way. Modify design to include Pond E (SA 2). County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 13 Agenda Item No. 16B4 March 28, 2006 Page 18 of 44 6.7 Design of Storm water Management Facility (Roadside Ditch as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), do routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area The current FEMA mapping shows that the project is not in a designated lOO-yr flood zone. No further work or agency coordination is required for this project. 6.9 Design of Storm Drains Develop a "working drainage map," determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material Not applicable. 6.11 French Drain Systems Not applicable 6.12 Drainage Wells Not applicable 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. 6.14 Prepare Bridge Hydraulic Report Not applicable 6.15 Temporary Drainage Analysis Not applicable 6.16 Cost Estimate 6.17 Technical Special Provisions Not applicable 6.18 Field Reviews 6.19 Technical Meetings 6.20 Quality Assurance/Quality Control 6.21 Independent Peer Review 6.22 Supervision 6.23 Coordination 7 UTILITIES The CONSULTANT shall identifY utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY's construction project. The CONSULTANT shall certifY all utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kickoff Meeting CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 14 Agenda Item No. 1684 March 28, 2006 Page 19 of 44 7.2 Identify Existing UAO(s) Identify all utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans. 7.3 Individual/Field Meetings Make Utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULT ANT shall transmit two complete sets of 60% plans to each UAO having facilities located within the project limits, and one set to the COUNTY. Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAO(s) including all component sets, one set for the utility office, one set to construction and maintenance if required. Include the design schedule. Not all projects will have all contacts as described above. 7.4 Not used. 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notify partICIpants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow- up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CON SUL T ANT shall keep accurate minutes and distribute a copy to all attendees. 7.6 IndividualIField Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.7 Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.8 Not used 7.9 Utility Design Meeting Prior to the meeting, the CONSULTANT shall transmit two complete sets of 60% plans to each UAO having facilities located within the project limits, and one set to the COUNTY. The CONSULTANT shall schedule (time and place), notify participants, and conduct a Utility meeting with all affected UAO(s). The CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 15 Agenda Item No. 1684 March 28, 2006 Page 20 of 44 follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups, Work Schedules, Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review. Distribute Executed Final Documents. Prepare Work Order for UAO(s). Coordinate programming of funds. 7.11 Utility Coordination/Follow-up This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of the project. 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. The Consultant shall obtain SUE data at the signal pole locations and proposed utility connections (up to 35 locations) (SA2). 7.13 Additional Utility Services Not applicable 7.14 Not used 7.15 Contract Plans to VAO(s) This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. 7.16 Certification/Close-Out The CONSULT ANT shall certify to the appropriate COUNTY representative one of the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Pennit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page ] 6 Agenda Item No. 1684 March 28, 2006 Page 21 of 44 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies, including U.S. Fish and Wildlife Service, Florida Department of State Division of Historical Resources, Florida Fish and Wildlife Conservation Commission and Florida Natural Areas Inventory to assure that design efforts are properly directed toward permit requirements. Research to be conducted includes: a. Verification of work previously done on Project by COUNTY. b. Research on local listed species in proximity of project. c. Contact with SHPO regarding potential archaeological and historical sites in proximity to project. d. Technical assistance with FWS to determine scope oflisted species monitoring. 8.2 Complete Permit Involvement Form The CONSULTANT shall document permit involvement in a technical memorandum to the COUNTY Project Manager. This task is to be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines The CONSULTANT shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. Delineate wetland lines in Pond E. (SA 2) 8.4 Agency Verification of Wetland Data The CONSULT ANT shall be responsible for obtaining agency verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications I) The CONSULTANT shall prepare permit packages as identified in the Project Description section. 2) The CONSULTANT shall collect all of the data and information necessary to obtain the environmental permits required to construct a project. 3) The CONSULTANT shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work. 4) Task includes responding to two Requests for Additional Information from each review agency. 5) Modify permit application to accommodate Pond E. (SA 2) 8.6 Prepare Dredge and Fill Sketches The CONSULTANT shall be responsible for creating and submitting all applicable dredge and fill sketches as required by the U.S.Army Corps of Engineers. 8.7 Prepare USCG Permit Sketches Not applicable County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 17 Agenda Item No. 16B4 March 28, 2006 Page 22 of 44 8.8 Prepare Easement Sketches The CONSULTANT shall be responsible for creating all applicable conservation easement sketches as may be required by the Environmental Resource Permit. For purposes of preparing a fee proposal, it is assumed one easement sketch will be required. 8.9 Prepare Right-of-Way Occupancy Sketches Not applicable 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches Not applicable 8.11 Prepare Tree Permit Information Not applicable. If required, the Contractor will be responsible for securing the permit. 8.12 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. For purposes of preparing a fee proposal, it is assumed mitigation will be provided in the drainage pond. It is further assumed a mitigation bank will be utilized for any additional mitigation required for the project beyond that provided in the pond site. 8.13 Mitigation Design (OPTIONAL SERVICE) Upon written direction from the COUNTY, the CONSULTANT shall prepare a mitigation plan to be included as a part of the Environmental Resource or Wetlands Resource Pennit applications. Mitigation will be provided within the drainage pond. 8.14 Environmental Clearances The CONSULTANT shall prepare clearances for all roadway right of way acquisition, pond and/or mitigation sites identified. Archaeological and Historical Features: The CONSULTANT sha1l coordinate clearance from the state historic preservation officer. It is assumed no archaeological or historical features will be impacted by the project. Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. Threatened and Endangered Species Analysis: The CONSULTANT shall collect data necessary to perfonn an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. Phase One Environmental Audit/Assessment: The CONSULTANT shall conduct a Phase One Environmental Audit/Assessment as required on the pond site. Stormwater Pollution Prevention Plan: The CONSULTANT shall prepare the Stonnwater Pollution Prevention Plan and obtain the FDEP and EPA NPDES Permits. 8.15 Technical Meetings 8.16 Quality Assurance/Quality Control 8.17 Supervision 8.18 Coordination County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page] 8 Agenda Item No. 1684 March 28, 2006 Page 23 of 44 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS Analyze and design all structures in accordance with applicable provisions as defined in Section 2.16, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8Y2"x11" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida-registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup infonnation to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans Not applicable 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Meetings 9.12 Quality Assurance/Quality Control 9.13 Independent Peer Review 9.14 Supervision 9.15 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT - Not applicable 11 STRUCTURS - TEMPORARY BRIDGE - Not applicable 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE - Not applicable 13 STRUCTURES - MEDIAN SPAN CONCRETE BRIDGE - Not applicable 14 STRUCTURES - STRUCTURAL STEEL BRIDGE - Not applicable 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE - Not applicable 16 STRUCTURES - MOVABLE SPAN - Not applicable 17 STRUCTURES - RETAINING WALL 17.1 Key Sheets 17.2 Horizontal Wall Geometry County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 19 Agenda Item No. 1684 March 28, 2006 Page 24 of 44 17.3 to 17.10 Not used 17.11 Design 17.12 Vertical Wall Geometry 17.13 General Notes 17.14 Wall Plan and Elevations (Control Drawings) 17.15 Sections and Details 17.16 Reinforcing Bar List 18 STRUCTURES - MISCELLANEOUS CONCRETE Box C1 JI ,VERTS 18.1 Concrete Box Culverts Modify design of box culvert previously prepared. (SA 2) 18.2 Concrete Box Culverts Extensions Not applicable 18.3 Not used 18.4 Not used MAST ARMS 18.5 Mast Arms Evaluate the adequacy of the existing strain poles at Rattlesnake Hammock Road. (SA 2) OVERHEAD/CANTILEVER SIGN STRUCTURES 18.6 - 18.10 Not used HIGH MAST LIGHT FOUNDATIONS 18.11 High Mast Lighting Structures Not applicable SOUND BARRIER WALLS (GROUND MOUNT - NOISE WALLS) 18.12 Horizontal Wall Geometry 18.13 Vertical Wall Geometry 18.14 Semi-Standard Drawings 18.15 Control Drawings 18.16 Design for Wall Height Covered by Standards 18.17 Design for Wall Height not Covered by Standards Not applicable 18.18 Aesthetic Details Not applicable 18.19 Special Structures Not applicable 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 20 Agenda Item No. 16B4 March 28, 2006 Page 25 of 44 19.1 Traffic Data Analysis Perform queue analysis. The COUNTY will provide the design traffic data. 19.2 No Passing Zone Study Not applicable 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.4 Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FOOT's Multi- Post Sign Program(s). 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations Not Applicable. 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions 19.11 Field Reviews 19.12 Technical Meetings 19.13 Quality Assurance/Quality Control 19.14 Independent Peer Review 19.15 Supervision 19.16 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following: 20.1 Key Sheet 20.2 Summary of Pay Items Including CES Input 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes 20.5 Project Layout 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site Not applicable County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 21 Agenda Item No. 1684 March 28,2006 Page 26 of 44 20.10 Cross Sections 20.11 Special Service Point Details 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks for the existing Traffic Signal System at the intersection of County Barn Road and Davis Boulevard (SR 84) for modifications needed to accommodate the divided four-lane configuration in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. Signals shall utilize video detection in lieu of loop detectors. COUNTY will provide details and specifications. 21.1 Traffic Data Collection The CONSULTANT shall collect data. 21.2 Traffic Data Analysis The CONSULTANT shall review data provided by COUNTY. Obtain traffic counts at Davis Boulevard. (SA 2) 21.3 Signal Warrant Study Prepare a traffic warrant study at Charlemagne Boulevard. (SA 2) 21.4 Systems Timings The CONSULTANT shall determine proper coordination timing. 21.5 Reference and Master Signalization Design File Provide new signal loop detectors at Rattlesnake Hammock Road (SA 2). 21.6 Reference and Master Interconnect Communications Design File The CONSULTANT shall design Interconnect Communications conduit for the length of County Barn Road. The new signal at Davis Boulevard shall be designed to accommodate connection to the interconnect system. The COUNTY will connect the signal to the interconnect system. 21. 7 Overhead Street Name Sign Design 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report Not applicable 21.10 Quantities 21.11 Cost Estimate 21.12 Technical Special Provisions 21.13 Field Reviews County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 22 Agenda Item No. 1684 March 28, 2006 Page 27 of 44 21.14 Technical Meetings 21.15 Quality Assurance/Quality Control 21.16 Independent Peer Review Not applicable 21.17 Supervision 21.18 Coordination 22 SIGNALIZATION PLANS The CONSULTANT shall prepare a set of Signalization Plans in accordance with the FDOT Plans Preparation Manual, which includes the following: 22.1 Key Sheet 22.2 Summary of Pay Items Including CES Input 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site 22.8 Guide Sign Worksheet 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm / Monotube Tabulation Sheet 22.12 Strain Pole Schedule Not applicable 22.13 TCP Signal (Temporary) Not applicable 22.14 Temporary Detection Sheet Not applicable 22.15 Utility Conflict Sheet 22.16 Interim Standards 22.17 Quality Assurance/Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS The CONSULTANT shall evaluate the existing lighting system. Lighting system modifications, supplementation and/or replacements may require the following tasks that shaIl be performed in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design: 23.1 Lighting Justification Report - Not applicable 23.2 Lighting Design Analysis Report County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 23 Agenda Item No. 16B4 March 28, 2006 Page 28 of 44 The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submitted under a separate cover prior to the 60% plans submittal. The report shall provide analyses for each typical section of the mainline, typical section for the ramps (one and/or two lanes), interchanges, underdeck lighting, and arterial roads. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least three lighting design alternatives and a recommendation on the alternative to use. Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 23.3 Aeronautical Evaluation Not applicable 23.4 Voltage Drop Calculations The CONSULT ANT shall submit voltage drop calculations showing the equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the County. Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 23.5 FDEP Coordination and Report Not applicable 23.6 Reference and Master Design Files The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 23.7 Temporary Lighting Not applicable 23.8 Design Documentation The CONSULT ANT shall submit a Roadway Lighting Design Documentation Book with each lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: ]) Lighting Calculations. 2) Back up sheet for each bid item quantity total on each lighting plan sheet. 3) Phase submittal checklist. 4) Three-way quantity check list. 5) Structural calculation for special conventional pole concrete foundations 6) Letter to the power company requesting service. 7) Power company confirmation letter on the requested services. 8) Voltage drop calculations. 9) Load analysis calculations. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 24 Agenda Item No. 16B4 March 28. 2006 Page 29 of 44 23.9 Quantities 23.10 Cost Estimate 23.11 Technical Special Provisions 23.12 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: 1) Existing Lighting Equipment. 2) Load Center, Capabilities and Condition/Age. 3) Condition of Lighting Structure(s) 23.13 Technical Meetings 23.14 Quality Assurance/Quality Control 23.15 Independent Peer Review 23.16 Supervision 23.17 Coordination 24 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet Including CES Input 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details 24.11 Traffic Control Plan Sheets 24.12 Interim Standards 24.13 Quality Assurance/Quality Control 24.14 Supervision County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 25 Agenda Item No. 16B4 March 28, 2006 Page 30 of 44 25 LANDSCAPE ARCHITECTURE ANALYSIS - Not applicable 26 LANDSCAPE ARCHITECTURE PLANS - Not applicable 27 SURVEY The COUNTY will provide the CONSULTANT with a baseline topographic survey provided under separate contract. The baseline survey will be provided in the form of hard copy plan drawings and computer files in AutoCadd (.dwg) format. The surveying was conducted for the purpose of providing existing topographic and utility features to advance design. The CONSULTANT will supplement this survey with site-specific data gathering in the process of developing the design of this project. The CONSULTANT will notify the COUNTY if errors or omissions are found in the data. The CONSULTANT will provide additional survey related services as specified herein. 27.1 Review of Survey Review survey provided by the COUNTY for quality and quantity of information gathered with respect to the needs of the project. Review right of way locations, property line locations, and utility locations and identification. The CONSULTANT will notify the COUNTY immediately of any missing or inaccurate survey information 27.2 Digital Terrain Model (DTM) Survey information provided by the COUNTY shall be inserted into the project plans by the CONSULTANT, and used to generate an accurate digital terrain model of the project area suitable for the CONSULTANT's project design purposes. Obtain topographic survey along 2,000 feet of Davis Boulevard and 150 feet of Glen Eagle Boulevard, and supplemental survey for right-of-way. (SA 2) 27.3 Pond Site Survey CONSULTANT shall survey ponds sites as needed. Obtain topographic survey of Pond E. Survey wetland jurisdiction boundaries within Pond E. (SA 2) 27.4 Mitigation Survey - Not applicabile 27.5 Geotechnical Support Perform 3-dimensional (X, Y, Z) field location, or stakeout, of boring sites established by geotechnical engineer. Includes field edits, analysis and processing of all field collected data and/or reports. Geotechnical work will also include borings and soils analysis for the pond and signal work at Davis Boulevard. Supervision All Survey work performed by the CONSUL T ANT shall be certified by professional surveyor registered in the State of Florida. 27.6 Coordination 28 PHOTOGRAMMETRY - Not applicable 29 MAPPING The CONSULTANT will be responsible for the preparation of control survey maps, right of way maps, maintenance maps, sketches, other miscellaneous survey maps, and legal descriptions as required for this project in accordance with all applicable FDOT Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to FDOT size and format requirements utilizing FDOT approved software, and will be designed to provide a high degree of uniformity and County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 26 Agenda Item No. 16B4 March 28, 2006 Page 31 of 44 maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. MASTER CADD FILE 29.1 Alignment 29.2 Section and 1/4 Section Lines 29.3 Subdivisions 29.4 Existing Right of Way 29.5 Topography 29.6 Parent Tract Properties and Existing Easements 29.7 Proposed Right of Way Requirements The ENGINEER OF RECORD (EOR) will provide the proposed requirements. The PSM is responsible for calculating the final geometry. 29.8 Limits of Construction The limits of construction DGN file as provided by the EOR will be imported or referenced to the master CADD file. Additional labeling will be added as required. The PSM is required to advise the EOR of any noted discrepancies between the limits of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is determined. 29.9 Jurisdictional/Agency Lines These lines may include but are not limited to jurisdictional, wetland, water boundaries, and city/county limit lines. SHEET FILES 29.10 Control Survey Cover Sheet 29.11 Control Survey Key Sheet 29.12 Control Survey Detail Sheet 29.13 Right of Way Map Cover Sheet 29.14 Right of Way Map Key Sheet 29.15 Right of Way Map Detail Sheet 29.16 Maintenance Map Cover Sheet - Not applicable County Barn Road Scope March 21,2004, Revised SA No.2 February 17, 2006 Page 27 Agenda Item No. 16B4 March 28, 2006 Page 32 of 44 29.17 Maintenance Map Key Sheet - Not applicable 29.18 Maintenance Map Detail Sheet -Not applicable 29.19 Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.20 Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles. This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.21 Table of Ownerships Sheet MISCELLANEOlJS SlIRVEVS AND SKETCHES 29.22 Parcel Sketches 29.23 TnTF Sketches 29.24 Other Specific Purpose Survey(s) 29.25 Boundary Survey(s) Map 29.26 Right of Way Monumentation Map 29.27 Title Search Map 29.28 Title Search Report 29.29 Legal Descriptions Five legal descriptions will be provided for right of way takes. Prepare 74 legal descriptions for right of way takes. (SA 2) 29.30 Final Map/Plans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review. 29.31 Field Reviews 29.32 Technical Meetings 29.33 Quality Assurance/Quality Control County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 28 Agenda Item No. 16B4 March 28, 2006 Page 33 of 44 29.34 Supervision 29.35 Coordination 30 GEOTECHNICAL The CONSULT ANT shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with FDOT standards. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend all related meetings and field activities. The COUNTY will provide the complete geotechnical evaluation completed for County Barn Road. It is assumed no further geotechnical evaluation is required for proposed road improvements. 30.1 Document Collection and Review CONSULTANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and groundwater conditions. ROADW A v The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of90% plans. The preliminary roadway exploration will be performed and results provided to the Engineer of Record to assist in setting roadway grades and locating potential problem areas. All laboratory testing and classification will be performed in accordance with applicable FDOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. 30.2 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. Borings will be obtained at proposed signal pole locations, noise abatement walls, and the pond required for the new roadway alignment. 30.2A Pavement Coring Not Applicable 30.3 Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.4 MOT Plans for Field Investigation The Consultant will coordinate with the Contractor for the development of the Maintenance of Traffic (MOT) plan. All work zone traffic control will be performed in accordance with the FOOT's Roadway and Traffic Design Standards Index 600 series. County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 29 Agenda Item No. 16B4 March 28, 2006 Page 34 of 44 30.5 Drilling Access Permits Obtain all State, County, City, and Water Management District permits for performing geotechnical borings, as needed. 30.6 Groundwater Monitoring - Not applicable 30.7 LBR Sampling - Not applicable 30.8 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 30.9 Soil and Rock Classification - Roadway Refine soil profiles recorded in the field, based on results of laboratory testing. 30.10 Design LBR Determine design LBR values from the 90% and mean methods. 30.11 Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses. 30.12 Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels in the pond site. Estimate seasonal low ground water levels, if requested. 30.13 Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales. 30.14 Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions within the pond site. Assist the Engineer of Record with detailing these limits on the cross-sections. If requested, prepare a plan view of the limits of unsuitable material. Assist the Engineer of Record in determining the limits of required subsoil excavation. 30.15 CADD Drawing Files for Plotting of Boring Data on Cross-Sections Create ASCII files of boring data for cross-sections. 30.16 Stormwater Volume Recovery and/or Background Seepage Analysis Perform storm water volume recovery analysis. 30.17 Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of any special considerations (i.e. removal of unsuitable material, consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics and properties for various applications, as required. 30.18 Preliminary Report If a preliminary roadway investigation is performed, a preliminary roadway report shall be submitted before the 30% plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems. County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 30 Agenda Item No. 16B4 March 28, 2006 Page 35 of 44 Copies ofU.S.G.S. and S.C.S. maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. 30.19 Final Report The Final Roadway Report shall include the following: Copies ofU.S.G.S. and S.C.S. maps with project limits shown A report of tests sheet that summarizes the laboratory test results, the soil and rock stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505 Results of all tasks discussed in the previous section (Data Interpretation and Analysis). An appendix that contains stratified soil-boring profiles including top of rock elevations, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations. The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. STRUCTURES The CONSULTANT shall be responsible for coordination of all geotechnical related fieldwork activities. The CONSULTANT shall retain all samples until acceptance of the 90% plans. CONSULTANT shall perform specialized field-testing as required by needs of project. All laboratory testing and classification will be performed in accordance with applicable FDOT standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. The staff hour tasks for structural foundations for box culverts, walls, overhead signs, mast arm signals, and other structures include the following: 30.20 Detailed Boring Location Plan Develop a detailed boring location plan. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole. Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.21 MOT Plans for Field Investigation The Contractor shall develop the MOT plan. All work zone traffic control will be performed in accordance with the FOOT's Roadway and Traffic Design Standards Index 600 series. County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 31 Agenda Item No. 16B4 March 28,2006 Page 36 of 44 30.22 Collection of Corrosion Samples - Not applicable 30.23 Coordination of Field Work Coordinate all field work required to provide geotechnical data for the project. 30.24 Soil and Rock Classification - Structures Soil profiles recorded in the field should be refined based on the results of laboratory testing. 30.25 Tabulation of Laboratory Data Laboratory test results should be tabulated for inclusion in the geotechnical report and for the necessary calculations and analyses. 30.26 Design Groundwater Level for Structures Review encountered ground water levels, estimate seasonal high groundwater levels, and evaluate groundwater levels for structure design. 30.27 Walls Provide the design soil profile(s), which include the soil model/type of each layer and all soil engineering properties required by the Engineer of Record for conventional wall analyses and recommendations. Review wall design for geotechnical compatibility and constructability. Evaluate the external stability of conventional retaining walls and retained earth wall systems. For retained earth wall systems, calculate and provide minimum soil reinforcement lengths versus wall heights, and soil parameters assumed in analysis. Estimate differential and total (long term and short term) settlements. Provide wall construction recommendations. 30.28 Soil Parameters for Signs, and Geotechnical Recommendations Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. 30.29 Box Culvert Analysis Provide the design soil profile(s) that include the soil model/type of each layer and all soil properties required by the Engineer of Record for foundation design. Review design for geotechnical compatibility and constructability. Provide lateral earth pressure coefficients. Provide box culvert construction and design recommendations. Estimate differential and total (long term and short term) settlements. Evaluate wingwall stability. 30.30 Final Reports - Signs, Signals, Box Culvert, Walls, and High Mast Lights The final reports shall include the following: 1) Copies ofU.S.G.S. and S.C.S. maps with project limits shown. 2) Summary of structure background data, SCS, USGS, geologic and potentiometric data. 3) The results of all tasks discussed in the previous section (Data Interpretation and Analysis). County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 32 Agenda Item No. 16B4 March 28, 2006 Page 37 of 44 4) Recommendations for foundation installation, or other site preparation soils-related construction considerations with plan sheets as necessary. 5) Any special provisions required for construction that are not addressed in the FDOT's Standard specification. 6) An Appendix which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, engineering analysis, notes/sample calculations, sheets showing ultimate bearing capacity curves versus elevation for piles and drilled shafts" a complete FHW A check list, pile driving records (if available) and any other pertinent information. 7) Final reports will incorporate comments from the COUNTY and contain any additional field or laboratory test results, recommended foundation alternatives along with design parameters and special provisions for the contract plans. The reports will be submitted in final form and will include the following: 8) All original plan sheets (11" x 17") 9) One set of all plan and specification documents, in electronic format, according to FDOT requirements 10) Two sets of record prints 11) Six sets of any special provisions 12) All reference and support documentation used in preparation of contract plans package Additional final reports (up to four), aside from stated above, may be needed and requested for the COUNTY's Project Manager and other disciplines. The final reports, special provisions, as well as record prints, will be signed and sealed by a Professional Engineer registered in the State of Florida. Prepare the detailed boring/sounding standard sheets, including environmental classification, results of laboratory testing, and specialized construction requirements, in a format suitable for inclusion in the final plans. 30.31 Drafting Prepare a complete set of drawings to include all SPT borings, auger borings and other pertinent soils information in the plans. Include these drawings in the Final Geotechnical Report. Draft borings, location map, S.C.S. map and U.S.D.A. map. Soil symbols must be consistent with those presented in the latest Florida Department of Transportation Soils and Foundations Handbook. 30.32 Technical Special Provisions 30.33 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 30.34 Technical Meetings 30.35 Quality Assurance/Quality Control 30.36 Supervision 30.37 Coordination 31 POST DESIGN SERVICES 31.1 Shop Drawing Review County Barn Road Scope March 21, 2004, Revised SA No.2 February 17,2006 Page 33 Agenda Item No. 16B4 March 28, 2006 Page 38 of 44 The CONSULT ANT shall review up to 10 shop drawing submittals. Shop drawing submittals shall be reviewed and returned to the COUNTY within 14 calendar days of receipt of the shop drawings. 31.2 Respond to Requests for Information The CONSULTANT shall respond to Requests for Information during either the bidding period or during construction. Responding to Requests for Information may require design and/or visits to the project site. For purposes of preparing a fee proposal, it is assumed 80 hours shall be provided for this task. 31.3 Attend Meetings The CONSULT ANT shall attend meetings as requested by the COUNTY. Meetings to be attended include the Pre-bid Meeting, Pre-construction Meeting, and Construction Close-out Meeting. The CONSULTANT may be required to attend up to 7 other meetings during bidding or construction. 31.4 CEI Coordination, Periodic Site Visits, Construction Certifications to Permitting Agencies and As-built Plans The COUNTY may request the CONSULTANT to provide CEI services, conduct periodic site visits, certify construction to the permitting agencies or prepare as-built plans. If requested, the scope and fee for these services will be negotiated at a later date. 32 PROJECT REQUIREMENTS 32.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY. 32.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the COUNTY. 32.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 32.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 34 Agenda Item No. 16B4 March 28, 2006 Page 39 of 44 32.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by FDOT standards. 32.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. It is the responsibility of the CONSULTANT to meet the requirements in the FDOT's CADD Manual. See Section 2 of this Scope of Services for additional computer file submittal requirements. The CONSULTANT is to coordinate their work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project described herein. 32.7 Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide post design services. The fee for these services shall be negotiated in accordance with the terms detailed in Exhibit B, Method of Compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project. The additional services may include Construction Assistance, Review of Shop Drawings, or other Post Design Services as required. 33 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. County Barn Road Scope March 21,2004, Revised SA No.2 February 17,2006 Page 35 Agenda Item No. 16B4 March 28, 2006 American Consulting Engineers of Florida, LLC Page 40 of 44 COUNTY BARN ROAD IMPROVEMENTS (Rattlesnack Hammock to Davis Boulevard) SUPPLEMENT No.2 COST ESTIMATE FOR TASKS 1- V February 17, 2006 American Project No. 5049268 Total Staff Hours - Basic TASK Services Task I - 60% Submittal (Basic Services) Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Original Cost for Task I $427,732 Cost for Supplement No. II Allocated to Task I $205,760 Total Cost for Task I $633,492 County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls Fee Summary Page 1 of 5 3/10/2006 9:33 AM Agenda Item No. 16B4 March 28, 2006 American Consulting Engineers of Florida, LLC Page 41 of 44 COUNTY BARN ROAD IMPROVEMENTS (Rattlesnack Hammock to Davis Boulevard) SUPPLEMENT No.2 COST ESTIMATE FOR TASKS I - V February 17, 2006 American Project No. 5049268 Total Staff Hours - Basic TASK Services Task II - 90% Submittal (Basic Services) Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Legal Descriptions Original Cost for Task II $180,396 Cost for Supplement No. II Allocated to Task II $101,932 Total Cost for Task II $282,328 County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls Fee Summary Page 2 of 5 3/10/2006 9:33 AM Agenda Item No. 16B4 March 28, 2006 American Consulting Engineers of Florida, LLC Page 42 of 44 COUNTY BARN ROAD IMPROVEMENTS (Rattlesnack Hammock to Davis Boulevard) SUPPLEMENT No.2 COST ESTIMATE FOR TASKS I - V February 17, 2006 American Project No. 5049268 Total Staff Hours - Basic TASK Services Task III -100% Submittal (Basic Services) Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Original Cost for Task III $67,570 Cost for Supplement No. II Allocated to Task III $41,478 Total Cost for Task III $109,048 County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls Fee Summary Page 3 of 5 3/10/2006 9:33 AM Agenda Item No. 16B4 March 28, 2006 American Consulting Engineers of Florida, LLC Page 43 of 44 COUNTY BARN ROAD IMPROVEMENTS (Rattlesnack Hammock to Davis Boulevard) SUPPLEMENT No.2 COST ESTIMATE FOR TASKS 1- V February 17, 2006 American Project No. 5049268 TASK Total Staff Hours - Basic Services Task IV - Phase II Optional Services Project General Tasks Roadway Plans Drainage Analysis Environmental Permits Survey & Mapping Geotechnical Subsurface Utility Excavation Original Cost for Task IV Cost for Supplement No. II Allocated to Task IV Total Cost for Task IV $65,290 $0 $65,290 Task V - Subconsultant Services (Basic Services) . Survey & Mapping Geotechnical Environmental Permits Subsurface Utility Exploration Traffic Counts Equipment Rental Original Cost for Task V Cost for Supplement No. II Allocated to Task V Total Cost for Task V $92,309 $49,543 $141,852 County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls Fee Summary Page 4 of 5 3/10/2006 9:33 AM Agenda Item No. 16B4 March 28,2006 American Consulting Engineers of Florida, LLC Page 44 of 44 COUNTY BARN ROAD IMPROVEMENTS (Rattlesnack Hammock to Davis Boulevard) SUPPLEMENT No.2 COST ESTIMATE FOR TASKS I - V February 17, 2006 American Project No. 5049268 Total Staff Hours - Basic TASK Services Grand Total Tasks I - V Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Coordination Environmental Permits Structure Summary Structure - Miscellaneous Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Legal Descriptions Survey & Mapping Environmental Permits Geotechnical Subsurface Utility Exploration Traffic Counts Equipment Rental Original Cost for Tasks I - V 833,297 Cost for Supplement No. II Allocated to Tasks I - V 398,713 Grand Total Tasks I - V 1,232,010 County Barn Rd Staffhour Estimation Workbook SA 2 021706.xls Fee Summary Page 5 of 5 3/10/2006 9:33 AM Agenda Item No. 16B5 March 28, 2006 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to approve the Department of the Army Corps of Engineers (ACOE) permit for the Haldeman Creek Dredging Project and authorize the Transportation Administrator to sign the ACOE permit on behalf of the County. OBJECTIVE: To accept and agree to comply with the terms and conditions of the Haldeman Creek ACOE permit. CONSIDERATION: Haldeman Creek serves as a navigable channel for boater access to the Gulf of Mexico. The creek was originally natural and through development and man-made activity was modified to support waterfront activities. Over time, sediment accumulation within Haldeman Creek has created hazardous conditions to boaters and degraded water quality. Maintenance dredging is required to deepen and provide acceptable navigable depths in the channel while restoring flows in the creek. Once the dredging is completed, an MSTU will be established for future maintenance dredging needs. GROWTH MANAGEMENT IMPACT: The Haldeman Creek Basin Restoration project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. FISCAL IMPACT: Funding in the amount of approximately $110,000 is available in Fund 301 Haldeman Creek Basin Restoration (Project No. 510112). The source of funding is ad valorem taxes. The project has been awarded a $500,000 Grant through the Cooperative Water Resource Projects Funding Program of the Big Cypress Basin/South Florida Water Management District (SFWMD). Upon final completion, $500,000 of the County's total project cost will be reimbursed by SFWMD and be returned to reserves. RECOMMENDA TION: That the Board of County Commissioners accepts and agrees to comply with the terms and conditions of the Haldeman Creek ACOE permit and establish an MSTU for future dredging needs. Prepared By: Margaret A. Bishop, Senior Project Manager, Storm water Management Department Attachments: (1) ACOE Permit - Item Number: Item Summary: Meeting O.te: Agenda Item No. 1685 March 28, 2006 Page 2 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1665 Recommendalion to approve the Department of the Army Corps D1 Engineers permit tor the Haldeman Creek Dredging Project. 3/28/20069:00:00 AM Project Manager Date Approved By Margaret A, Bishop Transportation Services S10rmwater Management 3/3/2006 3:04 PM Norm E. Feder, AICP Tnmsportliltion Division Administrator Date Approved By Transportation Servicil'$ Transportation Services Admin. 3/612006 7:27 AM Approved By Gloria Herrera Transportation Services Management/Budget Analyst Date Storrnwater Management 3/612006 3:21 PM Eugene Calvert Da1e Approved By Transport3tions Services Principal Project Manager Transportation Engineering and Construction Management 3/6/2006 3:51 PM Approved By Sharon Newman Transportation Services Accounting Supervisor DlIte Transportlltion Services. Admin 3/16/200610:16 AM E)l&cutive Secretary Date Approved By Pat Lehnhard Transportation Services Tran9portation Services. Admin 3/161200610:22 AM Administrative Assistant Da'" Approved By OMS Coordinator County Manager's Offica Office of Managemenl &. Budget 3116/200610:24 AM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Offic~ of Management & Budget 3/20(20069:07 AM Approved By Michael Smykowski County Manager's Office Managoment & Budget Director Date Office of Management & Budget 3/20/2006 9:58 AM James V. Mudd County Manager Date Approved By Board of County Commissioner.. County Manager's Office 3/2012006 3:56 PM Agenda Item No. 16B5 March 28, 2006 Page 3 of 40 Permittee: Collier cotnty Board of County Commissioners clo CollienCounty Storm Water Management Department 2885 South Horseshoe Drive Naples, Flprida 34104-6113 SAJ-2003-6964 (IP-RMT) DEPARTME1T OF THE ARMY PEFt1VlIT I I I RECEIVED Permit No: FEB 2 7 2006 STORMWATER MGMT. Issuing Office: US Army Engi~eer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, mE:an the permittee or any future transferee. The term "this office" refers to the appropriatE.~ district or division office of the US Army Corps oflEngineers having jurisdiction over the permitted activity or the appropriate official of thqt office acting under the authority of the commanding officer. You are authorized to perform yvork in accordance with the terms and conditions specified below. ' Project Description: To dredge Haldeman Creek including manmade finger canals connected to the creek to a deRth of -5.0 feet below MLW west of Ba,;'shore Drive to Naples Bay and to a depth of -2.0 feet below MLW east of Bayshore Drive to the Tamiami Trail, removing approximately 45,000 cubic yards of material. You will use a combination of hydraulic and mechanical dredging and deploy of turbidity curtains. The project also includes a vacant 1fi3.25-acre parcel on the south side and abutting Haldeman Creek to use as a te porary dredge spoil storage site. Placement of dredge material will occur within two (2. disposal cells located on the vacant parcel. The creation of these cells will result in the discharge of dredge material into 0.13 acres of mangrove forested wetlands, 0'104 acres of saltwater herbaceous wetlands, 0.58 acres of freshwater-forested wetlands!, 0.01 acres of freshwater herbaceous wetlands and the 0.46 acre borrow pit. The borrow pit will remain permanently filled and the remainder of the dredge material will be disposed of at the Collier County Land Fill. The work is to be completed in accordance with the attached site plans numbered SAJ-2003-6964 (IP-RMT) four (10) sheets. These drawing!s can be found in Attachment (A), which is attached to, and becomes part of, this permit: Project Location: Haldeman~' reek and adjacent man-made canals are located southwest of Tamiami Trail (US 41) west to Naples Bay in Sections 11,13,14,15, Township 50 South, Range 25 ast, Collier County, Florida. The 13.25-acre vacant parcel abutting the creek and is located in Section 13, Township 50 South, Range 25 East, Collier County, Florida. : I Latitude 2600T24,jNorth; Longitude 81 o44'47"West Agenda Item No. 1685 March 28, 2006 Page 4 of 40 .--- SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge General Conditions: 1. The time limit for completing t~e work authorized ends on February 23. 2011. If you find that you need more time to c mplete the authorized activity, submit your request for a time extension to this office or consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compli~nce with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previousl~'unknown historic or archeological remains while accomplishing the activity authori ed by this permit, you must immediately notify this office of what you have found. ,e will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate th~ transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached (Attachment B). 6. You must allow representativJs from this office to inspect the authorized activity at any time deemed necessary to e-~sure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of It he Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2 I~------ Agenda Item No. 16B5 March 28, 2006 Page 5 of 40 SAJ-2003-6964 (fP-RMT) Haldeman Creek Dredge Special Conditions: 1. The permittee shall notify the Corps in writing at least 48 hours prior to commencement of the work authorized by this permit and shall provide a written status report every six months until the authorized work has been completed. This commencement notification, status reports, monitoring reports, and all other reports regarding this permit shall be submitted to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232- 0019 and shall reference the permit number. 2. The permittee shall provide compensatory off-site mitigation for unavoidable wetland impacts by purchasing 0.36-forested saltwater credits and 0.02 tidal herbaceous credits at Little Pine Island Mitigatioh Bank (LPIMB) and shall purchase 1.60 freshwater forested and 0.92 freshwater herbaceous credits at Panther Island Mitigation Bank (PIMB) (Attachment C). Within thirty days of the issuance of the Corps permit the applicant should provide documentation to the Corps of Engineers the mitigation credits described above have been purchased at LPIMB and PIMB. 3. The permittee shall adhere to the Standard Manatee Construction Conditions for In Water Work (Attachment F). 4. Within 60 days of completion of the work authorized, the attached Self-Certification Statement of Compliance (Attachment D) must be completed and submitted to the US Army Corps of Engineers. 3 Agenda Item No. 16B5 March 28. 2006 Page 6 of 40 ~ SAJ-2003-6964 (I P-RMT) Haldeman Creek Dredge 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( X ) Section 10 of the Rivers' and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, and local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4 Agenda Item No. 16B5 March 28, 2006 Page 7 of 40 SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces, which this office did not consider in reaching the original public interest, decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 5 Agenda Item No. 16B5 March 28, 2006 Page 8 of 40 ~.-- SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge Your signature below. as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) (DATE) (TYPE OR PRINT PERMITTEE: NAME AND TITLE) This permit becomes effective then the Federal official, designated to act for the Secretary of the Army, has sig.led below. . (DISTRICT ENGINEER) ROBERT M. CARPENTER Colonel, U.S. Army (DATE) THIS PERMIT CONTAINS 6 ATTACHMENTS, TOTALING 25 PAGES Attachment A - PERMIT DRAWINGS (10 Pages) Attachment B - Water Quality Certification SFWMD Permit No. 11-0217156-P dated 1 February 2006 (7 pages) tl . Attachment C -MITIGATION P N (1 page) Attachment D - Self-Certificatio Statement of Compliance (1 page) Attachment E - As Built Conditi ns (3 pages) Attachment F- Standard Manat:'e Conditions for In Water Work July 2005 (3 pages) 6 Agenda Item No. 16B5 March 28, 2006 Page 9 of 40 SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge Permit Transfer: When the structures or work authorized by this permit are still in existence at the time the property is transferred. the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit, including the liabilities associated with its terms and conditions, please complete the following: (PERMITTEE - SIGNATURE AND TITLE) (DATE) PERMIT NUMBER: SAJ-2003-6964 (IP-RMT) ORIGINALLY ISSUED TO: Collier County Board of County Commissioners 2885 South Horseshoe Drive Naples, Florida 34104-6113 LOCATION: Haldeman Creek and adjacent man-made canals are located southwest of Tamiami Trail (US-41) west to Naples Bay in Sections 11.13,14,15, Township 50 South, Range 25 East. Collier County. Florida. The 13.25-acre vacant parcel abutting the creek is located in Section 13, Township 50 South, Range 25 East, Collier County, Florida. Latitude 26007'24"North; Longitude 81 o44'47"West AUTHORIZED WORK: To dredge Haldeman Creek and associated manmade canals and to discharge the dredge material into 0.13 acres of mangrove forested wetlands, 0.04 acres of saltwater herbaceous wetlands, 0.58 acres of freshwater-forested wetlands, 0.01 acres of freshwater herbaceous wetlands and the 0.46 acre borrow pit on a 13.25 acre parcel abutting the creek. SIGNATURE (TRANSFEREE OR COPORA TION OFFICER) DATE COMPLETE NAME OF CORPORATION OR INDIVIDUAL - PRINTEDrrYPED COMPLETE ADDRESS OF CORPORATION OR INDIVIDUAL - PRINTEDITYPED (TELEPHONE NUMBER) The above transfer agreement should be completed and mailed to the local Corps of Engineers Regulatory Office or to: U.S. Army Corps of Engineers, Jacksonville District A TTN: Regulatory Division, Enforcement Branch P.O. Box 4970 Jacksonville, Florida 32232-0019 7 ~- SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge ATTACHMENT A: PERMIT DRAWINGS (10 pages) Agenda Item No. 16B5 March 28, 2006 Page 10 of 40 O~JO ~a~Bd a6pa.lO >iaeJ~ uosJapuaH ClVII<l- d I) 17969-COOZ -rvs SUBld allS _ I./HOO OJo"=t coo...... ...-NO . -,.- 000,.- ZN CD E-D en CDL...CO _COo.. ~~ "0 C CD en <( IJJJl I JL. ~E ~.~ 8& 11. I ~ :iE I ...J ~ Z 0 ~ ., e u ::J 0 OJ ...J u:: ~ I .; i ~ i I u ~ J ffil 15! ffi, ~I :;;1 81 w' ~ ~ zi ~ <(; :e! ffi! ~ ....1 zl ::[ ~! ~ 0, 01 ::.1 ~ ~ ~ <>=) '1 w' ~ ~ .., '" "'- c..~ :S~ ~ ~~ . -.~ .. ~~ V> ~.~ . . ~:i in on ~i . N 0< .- - i5~ ~~~ "';:: ~o .- ~~;; ~~ ~ Vl"Gl "'z ~!~ ~8 lLN ~~ . -~ Q > .- .. '" '" Q ~. :5 oJ>~ ~ .p~" ~ 1I"3''0I1l3tl1011UIOdllIV~ ... < .. . ~ - ..]! :: ."~ ;;~'S A~~~ ~~:~"" ~.J' -to: ':j;~~i: '," ~..:.~; ~~....~i -(/) OW >-...J 1-11. -~ Uz ..,".\ S 3FU'i,S'l-- :(- ~ II .'--17"'" v ,;J:? ~ tit ~~~ UJ; "5 "1.3:tI:U.S'ONt .... - ._-:~'\ f::" ~\ -~; \ ;~ '~ ,- 4"'-" ~.. 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ID ~ ~ I- ~ -;:;; ffi 5 8 ~ o ~ (!l <.) 2 ~ a:: ::l <( ~ 0 ~ ':i (,) rc 8 ~ ~ ~ ~ 15 ~ OJ 0 ~ ~ II t-. I ifij ~U !it !d J,f~ J.lI fH d~ III I \ \ \ Agenda Item No. 16B5 March 28, 2006 Page 21 of 40 .' SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge ATTACHMENT B: WATER QUALITY CERTIFICATION SFWMD Permit No. 11-0217156-001-P dated 1 February 2006 With 29 Special Conditions (7 Pages) Agenda Item No. 16B5 March 28, 2006 Page 22 of 40 Permittee: Collier County BOCC Permit No. 11-0217156-001 Page 6 of 15 14. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Section 373.421(2). F.S., provides otherwise. 15. The Permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Section 62-343.130, F.A.C. The Permittee transferring the permit shaH remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 16. Upon reasonable notice to the Permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 17. If historical or archaeological artifacts are discovered at any time on the project site, the Permittee shaH immediately notify the appropriate Department office. 18. The Permittee shaH immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. SPECIFIC CONDITIONS: 1. Prior to commencement of dredging on sovereignty, submerged lands, the Permittee shall remit payment (check or money order, please) to the Department's Fort Myers District office, p, O. Box. 2549, Fort Myers, FL 33902-2549, for the severance of sovereignty, submerged land. Pursuant to section 18-21.01 I(3)(a)2, F.A.C., the fee shall be calculated at $2.25 per cubic yard times the 12,494 cubic yards of sovereignty, submerged land to be dredged, for a total of $28,111.50. Please ensure that the file number (11-0217156-001) and object code (021006) are included on the face of the check. 2. The 12 navigation aids to be installed in conjunction with the permitted dredging shall meet the requirements of chapter 327, F.S., and chapter 68D-23, F.A.C., and shall be maintained by the permittee for the life of the permitted channel. Mitigation 3. Prior to commencement of dredging, the permittee shall mitigate for the 0.36 acres of estuarine impacts by the purchase of 0.36 credits of vegetated non-forested estuarine wetlands from Little Pine Island Mitigation Bank. Within 10 days of purchase, the permittee shall l' Agenda Item No. 16B5 March 28, 2006 Page 23 of 40 .' Pennittee: Collier County BOCC Pennit No. 11-0217156-001 Page 7 of 15 provide the Department with documentation that 0.36 credits have been deducted from the credit ledger of the bank. 4. Prior to commencement of dredging, the permittee shall mitigate for the 1.05 acres of freshwater wetland impacts by the purchase of 2.1 credits of herbaceous freshwater credits from Panther Island Mitigation Bank for freshwater impacts associated with the spoiling activities. Within 10 days of purchase, the permittee shall provide the Department with documentation that 2.1 credits have been deducted from the credit ledger of the bank. General Construction 5. If a conflict occurs between the Specific Conditions of this permit and the drawings attached to this permit. the Specific Conditions will prevail. 6, The Department reserves the right to require additional water quality treatment methods to be incorporated into the permitted activity if such measures are shown to be necessary. 7. AU required submittals such as certifications, monitoring reports, notifications, etc., shall be submitted to: Florida Department of Environmental Protection, South District Office P.O. Box. 2549 Fort Myers, FL 33902-2549 All submittals shall include the project name and indicated permit number when referring to this project. 8. The Permittee shall submit the "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), Florida Administrative Code (F.A.C.)), as described in Genera) Condition 4 to the Fort Myers office of the Department of Environmental Protection at PO Box 2549, Fort Myers, Florida 33902-2549. 9. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and a violation of Part Four of Chapter 373. Florida Statutes cP.S.). 10. Any deviation from the general and specific permit conditions or permit drawings shaH not be undertaken without modification of this permit and submittal of the appropriate processing fee. 11. If at any time during the permitted dredging and dredge disposal activities, unforeseen construction impacts to adjacent wetlands or surface waters occur, or complications preventing compliance with the specifications of this permit arise, the Permittee shall immediately cease Agenda Item No. 16B5 March 28, 2006 Page 24 of 40 : Permittee: Collier County BOCC Permit No. 11-0217156-001 Page 8 of 15 work and notify the Department's South District Office, SLERP Section, P.O. Box 2549, Fort Myers Florida 33902-2549, 239-332-6975. The Pennittee shall submit analtemate construction plan to the Department to allow construction to proceed without additional impact or non- compliance. Work shall not continue until the Department has approved the modification in writing. Substantial changes from the permitted activities may require fonnal review and modification of this permit. 12. Prior to commencement of dredging activities as described in the Specific Conditions of this permit and. shown on the attached permit drawings, the Permittee shall install weighted, floating turbidity curtains extending to one-foot above the submerged bottom to surround each reach of the dredge project in Haldeman Creek and Naples Bay. Each individual finger canal shall constitute a reach. Additional reaches are shown on the attached permit drawings. The turbidity curtains shall remain in place at each reach of the dredge project duration until the dredging for each individual reach has been completed and the background turbidity levels are below 29 Nll.Ts above background levels within that reach. The Permittee shall be responsible for ensuring that turbidity curtains are inspected daily and maintained in good working order so that there are no violations of state water quality standards resulting in a degradation of the water quality. This special condition is designed to ensure that turbidity levels outside the reach being dredged does not exceed 29 NTU's above background levels and degrade water quality in Haldeman Creek and Naples Bay. 13. Dredging may be done hydraulically or mechanically as circumstances warrant to minimize turbidity and to account for potential restrictions on the size and maneuverability of the dredge equipment in the finger canals and due to the Bayshore Drive bridge. 14. The Permittee shan ensure that the pipe to convey the dredged material shall be aligned in a manner that minimizes impacts to adjacent resources, including mangroves and oysters. The pipe wiH enter the spoil disposal site at a portion of the shoreline where the mangroves are the most sparse. Pipe placement shall not result in damage to existing mangrove trees. If the shoreline becomes unstabilized, measures will be taken to avoid erosion or turbidity. 16. Turbidity screens shall either enclose the work area as depicted within the canals or be placed downstream of the barge extending from bank to bank within Haldeman creek and shall be moved as necessary as the barge is moved. When the barge is operating within Naples Bay the turbidity screens shall envelop the active dredge area, Turbidity shall not be elevated outside the screens. . ! , i l ! I l I. I S ~ ~ 1- , 15. No rock substrate shall be removed as part of the permitted dredging. This shall not prohibit the removal of rock rubble that may be part of the unconsolidated sediments to be dredged. 17. The dredging shall comply with applicable State \Vater Quality standards, namely: a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria; and ~ i , ! I } i. 1 I '. Agenda Item No. 16B5 March 28, 2006 Page 25 of 40 : Permittee: Collier County BOCC Permit No. 11-0217156-001 Page 9 of 15 b. 62-302.530 - Table: Surface Water Quality Criteria Dredged Material Disposal 18. Prior to commencement of any dredging disposal activities as described in the Specific Conditions of this permit and shown on the attached permit drawings, the Permittee shall install an earth em berm/dike and silt screens and hay bales as necessary to separate the dredge disposal site from areas not proposed to be impacted by the proposed dredge disposal activities. 19. Dredged material will be deposited in the spoil containment area as described the Specific Conditions of this permit and as shown on the attached permit drawings. Spoil material from the permitted dredging shall be removed from the spoil containment area shown on the permit drawings as necessary to ensure that the spoil containment area is never fiIJed to capacity. No return water is permitted into waters of the State that exceeds state water quality standards. 20. Best management practices for erosion and turbidity control, including. but not limited to, the use of staked hay bales. silt screens. and turbidity curtains shall be used and maintained as necessary at all times during the dredge material disposal activities. 21. The spoil disposal activities shall be conducted in a manner that ensures compliance with applicable State Water Quality standards for Naples Bay. Haldeman Creek, and the man-made canals, namely: a. 62-302.500 - Surface Waters: Minimum Criteria, General Criteria; and b. 62-302.530 - Table: Surface Water Quality Criteria Monitoring 22. Prior to commencement of the permitted dredging activities. the Permittee shall designate one person who is qualified in water quality sampling to be responsible during times of dredging activities and for turbidity monitoring. The individual shall ensure compliance is met at all times with state water quality criteria as defined in 62-302 PAC. The Permittee shall provide the Department's South District Office. SLERP Section, P.O. Box 2549, Fort Myers Florida 33902- 2549, the name and all peltinent contact information for the individual. 23. Turbidity monitoring results shall kept onsite and available for inspection when requested be the DEP South District office 24. During dredging operations the Permittee shall rnonitor turbidity levels within 5 feet of the active work area once every four hours during dredging operations until project completion. The active work area shall be that area enclosed within the floating turbidity screens. Compliance samples shall be taken within the densest portion of any turbidity plume within 5 feet outside of the turbidity curtains. Ambient samples shall be taken once daily up current at mid-depth and at no time shall the ambient sample be within an apparent turbidity plume. Prior : ." ! i I' ! (.= Agenda Item No. 16B5 March 28, 2006 Page 26 of 40 -~....- Permittee: Collier County BOCC Pennit No. 11-0217156-001 Page 10 of 15 to any dredging operations, the Permittee shan submit to the Department a map indicating the ambient sampling locations w.ith aU possible sources that may generate turbidity, i.e. storm water outfalls, etc. All monitoring data shall be submitted weekly until the dredging completion and contain the following information: a) permit number, which is 11-0217156-001 b) dates of sampling and analysis, c) a statement describing the methods used in collection, handling, storage, and analysis of the samples, d) a map indicating the sampling locations, and e) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. Monitoring reports shall also include the following information for each sample taken: a) Time of day sample was taken, b) Depth of water body. c) Depth of sample, and d) Antecedent weather conditions. If monitoring reveals turbidity levels at the compliance location that appear to violate the State Water quality standards, construction activities shall cease immediately and not resume until corrective measures have been taken and turbidity has returned to acceptable levels. Any such occurrence shall also be immediately reported to the Department's South District Office, SLERP Compliance and Enforcement Section in Fort Myers. Monitoring reports shall be submitted to the Department's South District Office, SLERP Compliance and Enforcement Section, at P.O. Box 2549, Fort Myers, FL 33902-2549 or by fax machine at (239) 332-6969. 25. The following measures shall be taken by the Permittee whenever turbidity levels within waters of the State surrounding the project site exceed state water quality standards established pursuant to Rule 62-302, F.A.C.: a. Immediately cease all work contributing to the water quality violation. b. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functioning turbidity containment devices. c. Notify the Department's Submerged Lands and Environmental Resource Program, South District Branch Office at (239) 332-6975 or by fax. at (239) 332-6975 within 24 hours of the time the violation is first detected. 26. Within 60 days of completion of the permitted dredging activities, the Permittee shall submit to the Department a detailed report describing the completed construction and including as-built drawings showing all structures and bathymetry of the project area. The submitted drawings shall be plan and cross-sectional view drawings, fully scaled and dimensioned, signed and sealed by a professional engineer registered/licensed in the state of Florida, showing the Agenda Item No. 16B5 March 28, 2006 Page 27 of 40 .. Permittee: CoJlier County BOCC Permit No. 11-0217156-001 Page 11 of 15 entire project area. These drawings shall clearly indicate the deviations from the permit drawings attached to this permit. If the as-built drawings show a significant overdredge that, as determined by the Department. could potentially result in adverse effects to water quality, the Permittee shall submit a plan acceptable to the Department to level the bottom surface by backfilling with clean fill material free of deleterious substances. The plan shall be submitted within 30 days of the Department's written request for submittal of the plan. Manatee Protection 27. The Permittee shall comply with the following manatee protection construction conditions: a. The Permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related acti vities for the presence of manatees. b. The Permittee shall advise all construction personnel that there are civil and criminal penalties for hanning, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. c. Siltation barriers shall be made of material in which manatees cannot become entangled, shaH be properly secured, and shall be regularly monitored to avoid manatee entrapment. Barriers must nor block manatee entry to or exit from essential habitat. d. All vessels associated with the construction project shall operate at no wake/idle speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. e. If a manatee is sighted within 100 yards of the project area, precautions shall be implemented by the Permittee and the contractor to ensure protection of manatees. These precautions shall include not operating any equipment closer than 50 feet to a manatee, and immediately shutting down equipment if a manatee comes within 50 feet of the equipment. Activities will not resume until the manatees have departed the project area of their own volition. f. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FFWCC) at 1-888-404-FWCC (1-888-404- 3922). Collision and/or injury should also be reported to the U,S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for North Florida or in Vera Beach (1-772-562-3909) for South Florida. g. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the Permittee upon completion of the project. A sign measuring at least three feet by four feet which reads "Caution: Manatee Area" shall be posted in a location prominently visible to water related construction crews. A second sign shall be posted if vessels are associated with the construction and shall be placed visible to the vessel operator. The second sign shall be at least 8 l/2 inches by 11 inches and read: Agenda Item No. 16B5 March 28. 2006 Page 28 of 40 Permittee: Collier County BOCC Permit No. 11-0217156-001 Page 12 of 15 Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC (1.888-404-3922). The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580) for North Florida or in Ver~ Beach (1-772-562-3909) for South Florida. Specific information on obtaining these signs may be obtained by contacting the Department or FFWCC at (850) 922-4330. 28. At least one person shall be designated as a manatee observer when in-water work is being performed. That person shall have experience in manatee observation, be approved by the FFWCC at least two weeks before the beginning of construction, and be equipped with polarized sunglasses to aid in the observation. The manatee observer must be on site during all in-water construction activities and will advise personnel to cease operation upon sighting a manatee within 50 feet of any in-water construction activity. Movement of a work barge, other associated vessels, or any in-water work shall not be performed after sunset, when the possibility of sighting manatees is negligible. 29. The Department has determined that the proposed activity, because of its size, potential effect on the environment or the public, controversial nature, or location, is likely to have a heightened public concern or likelihood of request for administrative proceedings. Therefore, pursuant to Section 373.413(4), F.S.. and Section 62-343.090(2)(k), F.A.C., the Permittee is required to publish at the Permittee's expense the enclosed Notice of Permit. The notice is required to be published one time within thirty (30) days, in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take place. The Permittee shall reference Permit No. 11-0217156-001, when providing proof of publication to: RIGHTS OF AFFECTED PARTIES .I , . i t ~ , r r > ~ ~ r !; i f Department of Environmental Protection P.O. Box. 2549 Fort Myers, Florida 33902-2549 The proof of publication shall be provided to the above address within seven (7) days of publication. Failure to publish the notice and provide proof of publication within the allotted time shall be grounds for revocation of the permit ,..-.. This permit and letter of consent to use sovereignty submerged lands are hereby granted. This action is final and effective, on the date filed with the Clerk of the Department unless a SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge ATTACHMENT C: SPECIAL CONDITIONS Compensatory Mitigation With Mitigation, Monitoring and Maintenance Plan (1 Page) Agenda Item No. 16B5 March 28, 2006 Page 29 of 40 Agenda Item No. 16B5 March 28, 2006 Page 30 of 40 :,,- Compensatory Off-site Mitigation Haldeman Creek Dredge SAJ-2003-6964 (IP-RMT) As compensation for both direct and secondary impacts you shall purchase 0.36 saltwater-forested credits and 0.02 saltwater- herbaceous credits at Little Pine Island Mitigation Bank (LPIMB) and purchase 1.60 freshwater-forested and 0.92 freshwater-herbaceous credits at Panther Island Mitigation Bank (PIMB). Within 60 days of issuance of this permit provide written documentation to the Corps of Engineers that the mitigation as described above has been purchased. .~ SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge ATTACHMENT D: SPECIAL CONDITIONS Self-Certification Statement of Compliance (1 Page) Agenda Item No. 16B5 March 28, 2006 Page 31 of 40 .. Agenda Item No. 16B5 March 28, 2006 Page 32 of 40 SELF-CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2003-6964 (IP-RMT) Permittee's Name and Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation Completed (if applicable): Describe any Deviations from the approved permit drawings and special conditions (attach drawing(s) depicting the deviations): ********************************************** I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date , SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge ATTACHMENT E: SPECIAL CONDITIONS As Built Conditions (3 pages) Agenda Item No. 16B5 March 28, 2006 Page 33 of 40 Agenda Item No. 16B5 March 28, 2006 Page 34 of 40 SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge AS-BUILT SPECIAL CONDITIONS 1. The permittee shall provide as-built drawings of the authorized work, including mitigation, and a completed As-Built Certification Form. The drawings and Certification Form are to be submitted within 60 days of completion of the authorized work, including mitigation, or at the expiration of the construction authorization of the permit, whichever comes first. The drawings and Certification Form must be signed and sealed by a professional engineer registered in the State of Florida. In the event that the completed work deviates from the approved permit drawings and special conditions, the permittee shall describe, on the Certification Form, the deviations between the work authorized by the permit and the work as constructed. A blank form is attached. Please note that the depiction and description of the deviations on the drawinQs and Certification Form does not necessarilv mean that the Corps will approve of them. 2. As-built drawings shall include: a. Location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed. b. Clear indication of any deviations, which have been described on the As-Built Certification Form. c. The Department of the Army Permit Number. d. A plan view of the overall footprint of the project showing all "earth disturbance", including wetland impacts, water management structures, and anyon-site mitigation areas. e. A detailed plan view of all created and/or restored or enhanced mitigation areas showing planting zones, and cross-sections of the mitigation areas showing elevations corresponding to the plantings; elevations of the inverts of any control structures (inflow and outflow) servicing the mitigation areas. f) Any stormwater management system, that is a part of a wetland creation, restoration or enhancement mitigation project, especially elevations of the inverts of the control structures. 1 Agenda Item No. 16B5 March 28, 2006 Page 35 of 40 SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232-0019. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-2907. 1. Department of the Army Permit Number: 2. Permittee Information: Name Address 3. Project Site Identification: Physical location/address 4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on- site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings. Signature of Engineer Name (Please type) Company Name (FL, PR or VI) Reg Number Address City State ZIP (Affix Seal) Date Telephone Number 2 __._____ ...._ ". ,.,___,_,._____ ___._.._m_e" ,,_,__... Agenda Item No. 16B5 March 28, 2006 Page 36 of 40 -,""-" SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge Deviations from the approved permit drawings and special conditions: (attach additional pages if necessary) 3 SAJ-2003-6964 (I P-RMT) Haldeman Creek Dredge ATTACHMENT F: SPECIAL CONDITIONS Standard Manatee Conditions for In Water Work July 2005 (3 pages) Agenda Item No. 16B5 March 28, 2006 Page 37 of 40 Agenda Item No. 16B5 March 28, 2006 Page 36 of 40 SAJ-2003-6964 (IP-RMT) Haldeman Creek Dredge Deviations from the approved permit drawings and special conditions: (attach additional pages if necessary) 3 Agenda Item No. 16B5 March 28, 2006 Page 38 of 40 .,....-. STANDARD MANATEE CONDITIONS FOR IN-WATER WORK July 2005 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees whic h are protected under the Marine Mam mal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. ,- d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a m anatee( s) comes within 50 feet of the operati on. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all in- water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location pr ominently visible to all personnel engaged in water-related activities. Agenda Item No. 16B5 March 28, 2006 Page 39 of 40 FWC Approved Manatee Educational Sian Suppliers ASAP Signs & Designs 624-B Pinellas Street Clearwater, FL 33756 Phone: (727) 443-4878 Fax: (727) 442-7573 Wilderness Graphics, Inc. P. O. Box 1635 Tallahassee, FL 32302 Phone: (850) 224-6414 Fax: (850) 561-3943 www.wildernessqraohics.com Cape Coral Signs & Designs 1311 Del Prado Boulevard Cape Coral, FL 33990 Phone: (239) 772-9992 Fax: (239) 772-3848 Municipal Supply & Sign Co. 1095 Fifth Avenue, North P. O. Box 1765 Naples, FL 33939-1765 Phone: (800) 329-5366 or (239) 262-4639 Fax: (239) 262-4645 www.municioalsiqns.com Vital Signs 104615 Overseas Highway Key Largo, FL 33037 Phone: (305) 451-5133 Fax: (305) 451-5163 Universal Signs & Accessories 2912 Orange Avenue Ft. Pierce, FL 34947 Phone: (800) 432-0331 or (772) 461-0665 Fax: (772) 461-0669 New Cit~ Signs 1829 28' Street North S1. Petersburg, FL 33713 Phone: (727) 323-7897 Fax: (727)323-1897 United Rentals Highway Technologies 309 Angle Road F1. Pierce, FL 34947 Phone: (772) 489-8772 or (800) 489-8758 (FL only) Fax: (772) 489-8757 LOtO COO ~ .... W <( ~ ..... - <( ~ <( 3: :J: U) 0 - UJ eI) UJ U) Z U) .... eI) <( > .... ~ Z u eI) <( .~ C 0 ... ~ Q. W - W - . . <( a.. z en 0 - W ..... ..... ::) C <( - U ~ ... o ~ .... o .... .... Cb U) .! E Z g m 3: c: :E 0 .- > .c ._ .... .... .j g C .!!! 4; ..... Cb _ ~ Cb C ....I C ~ ..... c: C ..... C .- en E=S c c: Cb .c ~ - N 5 N ,_ 0-.. ~ CV) 'E ~ E o 0 .. ~ u o I -+- ex::> c C ex::> 0 .2. co 13 C I "> ~.- t:.... o - <D U') ,5 U u5 ,U') U 8 3: ; E u.. .- o . ~ t lIIrCt 'D 8- 0 5 (1) lIIrCt ...c ~ . ~ co 0 co ~ co 0 I u:: ..... Agenda Item No. 16C1 March 28,2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to award Contract 05-3838R, "Land Development, Conditional Use Rezone, and Permitting Services for the Solid Waste Park" for Collier County, with Post, Buckley, Schuh & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the amount of $569,049. OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of a contract with Post Buckley, Schuh & Jernigan, Inc. for Professional Services associated with Permitting, Rezoning, and Site Development for the proposed Solid Waste Park located in County owned property immediately north of the Naples Landfill, in the amount of$569,049. - CONSIDERATIONS: The public purpose of this action is to facilitate the development of the Solid Waste Park, which will include seeking the necessary zoning changes using the Conditional Use Permit process, obtaining necessary permits to begin construction of the Park, and to provide design of a storm related temporary debris staging area. The main goal of this land development project is to develop Solid Waste facilities intended to increase landfill capacity by diverting waste material from the landfill and preserving landfill airspace, and to set up central areas for post-storm and other debris processing. The County owns approximately 360 acres in Section 25 Township 49S Range 26E, located just north of the Naples Landfill. The property was purchased by the Solid Waste Department in the 1980's and early 90's initially with the intent of expanding landfill operations. The Future Land Use Element states: Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities shall be permitted as a Conditional Use within Section 25 Township 49S Range 26E, on lands adjacent to the existing County Landfill. In August of2003, Malcolm Pirnie Inc developed a conceptual design of an Integrated Solid Waste Management Park site which depicted a basic layout of facilities planned as part of the Solid Waste Integrated Strategy, including: a Materials Recovery Facility (MRF), landfill gas to energy facility (LGTE), construction and demolition (C&D) processing and transfer site, biomass processing area, storm related temporary debris staging site, artificial reef processing and transfer site, recycling center, education center, household hazardous waste facility (HHW), and administration office building. In April 2004, the Conceptual Plan for the Integrated Solid Waste Management Facility was presented to the Community Development and Environmental Services Division, Current Planning Manager from Planning Services and the Chief Planner from Comprehensive Planning to confirm compliance with the Growth Management Plan. There were no objections to the plan. - Request for Proposal #05-3838R was advertised on August 8, 2005. One hundred fifty-six notices were sent out, twenty firms requested packages, and two proposals were submitted. A selection committee of five staff members reviewed all proposals under the guidance of the Purchasing Agent, then met on November 4, 2005 and, by consensus, chose Post, Buckley, Schuh & Jernigan to recommend to the BCC for award of this contract. Agenda Item No. 16C1 March 28,2006 Page 2 of 11 Post, Buckley, Schuh & Jernigan, Inc has submitted a time and materials proposal for $569,049. The scope of this contract will be to begin the Public Hearing process for the Conditional Use Zoning Petition to obtain Conditional Use zoning and subsequently to obtain necessary permits for the Solid Waste Park and to begin construction ofthe storm related temporary debris staging area. Staff has reviewed the proposal and considers the scope and estimated costs to be fair and reasonable. Hourly rates have been compared to typical current rates and task-specific hours have been estimated based on several team meetings and pre-application meeting at the Community Development and Environmental Services Division. The Clerk's Finance and Accounting Division and Purchasing Department have reviewed the information contained in this Executive Summary. FISCAL IMPACT: The funding for this work order is available from the project budget. The source of funds is the Solid Waste Capital Projects Fund (474). Projects Fund 474 was budgeted and approved by the BCC at the Budget Hearing of September 22, 2005. GROWTH MANAGEMENT IMP ACT: This project is consistent with the Growth Management Plan. - RECOMMENDATION: That the Board of County Commissioners approve Contract # 05- 3838R with Post, Buckley, Schuh & Jernigan, Inc., in the amount of $569,049, and authorize the Chairman to execute the standard Professional Services Agreement after review by the County Attorney's Office. PREPARED BY: R. Shane Cox, P.E., Senior Project Manager - Item Number: Item Summary: Meeting Date: Agenda 11em No. 16C1 March 28, 2006 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G1 Recommendation to award Contract 05-383BR, Land Development, Conditional Use Rezone, and Permitting Services for the Solid Waste Park for Collier County, with Post, BuckI9~', Schut, & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the amounl of $569,049 3,2BI2006 9:00:00 AM Senior Project Manager Date Prepared By R. Shane Cox. P.E. Public Utilities Public Utilities Engineering 2113120068:37:46 AM Principal Project Manager 0... Approved By William D. Mullin, PE Public Utilities Public Utilities Engineering 2/17/20063:10 PM Roy B. Anderson, P .E. Public Utilities Enginl"ering Director Date Approved By Public Utilities Public Utilities Engineering 2121120065:11 PM Lyn Wood Purchasing Agent Date Approved By Administrati....e Sorvices Purchasing 2122/20068:20 AM Thomas Wides Operations Director Date Approved B:y Public Utilities Public Utlli1ias Operation!!> 3/21200611 :09 AM Steve Carnell Purchasing/General SVCG DIrector Date Approved By Admlnistrati....e Services Purchasing 31212006 1 :56 PM Approved B)' Date Oaniel R. Rodriguez, M,B.A. Interrm Solid Waste Director 312120064:00 PM Approved By Public Utilities Solid Waste Public Utilities Administrator Date James W. Delony Public Utilitle6 Public Utilities AdminlstratiDn ,/3/20061:56 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's. Office Office of Management & Budget 3/15/20066:05 AM Susan Usher Senior Management!Budgat Analyst Date Approved By County Manager's Office Office of Management & Budget 3/19/2006 2:06 PM Michael 5mykowski Mana:gernent & Budget Director Datf!" Approved By County Manager's Office Office of Management & Budget 3/20/2006 11 :20 AM Leo E. Ochs, Jr. Deputy County Manager Date Approved By Board of County Commissioners County Manager's Office 3/20/20064:14 PM Agenda Item No. 16C1 March 28, 2006 Page 4 of 11 A TTCHMENT "A" SCOPE OF SERVICES COLLIER COUNTY PLANNING SERVICES FOR CONDITIONAL USE PERMITTING FOR THE SOLID WASTE PARK FEBRUARY 10, 2006 I DESCRIPTION The following Scope of Services addresses requirements necessary to assist the Collier County Solid Waste Management Department to meet permit application sufficiency for Conditional Use of a 360-acre site located in Section 25, Township 49S, Range 26E. The intended outcome of the proposed service is the conditional use approval by the Collier County Board of County Commissioners to utilize the site for storm debris management, yard waste processing/recycling, household hazardous waste management, gas management and construction debris management. Other uses may be considered by the County for the site subsequent to the environmental impact assessment. Basic services require surveying, ecological and wildlife mapping, planning and conditional use approval. II SCOPE OF SERVICES Task 100 Project Management The CONSULTANT will coordinate the team and project progression. 100.01 Attend Kickoff meeting - The project manager (PM) from PBS] will coordinate progress meetings as necessary to review the project status and address open issues. Meeting minutes will be prepared by PBS] and they will be distributed to all team members. 100.02 Attend Monthly Meetings (12) - The project manager (PM) from PBS] will coordinate progress meetings as necessary to review the project status and address open issues. Meeting minutes will be prepared by PBS] and they will be distributed to all team members. The project schedule will be addressed and distributed also. It is anticipated that 12 meetings will be held. 100.03 Maintain weekly job coordination - The PM will serve as the point contact for all matters related to the project between the County and the Engineer. PBSI Collier County Solid Waste Park Agenda Item No. 16C1 March 28, 2006 Page 5 of 11 Task 200 Environmental Surveys 1. Preparation of a County Environmental Impact Statement (EIS) as defined in the Collier County Land Development Codes (LDC) as required for a Conditional Use application. a. Provide surveys to identify occurrence, locate, and map state and federally protected species and/or their habitat. Under this scope of services, species-specific surveys are proposed exclusively for the red- cockaded woodpecker and Southeastern American Kestrel. If the County requires additional species surveys, those surveys can be included under Additional Services. b. Map all land uses on site using the Florida Land Use Covers and Forms Classification System (FLUCFCS) through groundtruthing. Exhibit is to be provided on a recent aerial image of the site. c. Pursue a Formal Wetland Jurisdictional Determination for entire site through preparation and submittal of a SFWMD Formal Determination Request Application Package. SFWMD confirmed wetland lines and approval of Unified Mitigation Assessment Method (UMAM) scoring for wetland impacts are required as part of the ElS. d. Provide an inventory of protected plant species based on literature review and comprehensive pedestrian survey of the entire site. e. Coordination with project team to incorporate environmental data into proposed site development plan as per Chapter 10.02.02 (4) LDC. 2. Coordination with Regulatory Agencies and Others a. SFWMD: Not to exceed three days in the field as part of Formal Jurisdictional Determination. b. Florida Fish and Wildlife Conservation Commission (FFWCC): Coordination for protected species occurrence, acceptable survey protocol and one pre-ERP application meeting. c. U.S. Fish and Wildlife Service (FWS): Early coordination to determine level of consultation and potential permitting requirements under the Endangered Species Act. Not to exceed two meetings with FWS. d. Collier County Planning and Zoning: Up to three meetings with staff to receive input on completeness ofEIS. e. Public Workshop Participation: Attendance in up to two public workshops regarding Conditional Use approval. 3. Additional Services (Not included in this scope of services) PBSJ 2 Collier County Solid Waste Park Agenda Item No. 16C1 March 28,2006 Page 6 of 11 a. Perform protected species surveys for animals not identified above as per requirements put forth by County environmental staff, FFWCC and/or the FWS. b. Wetland Permitting: Provide permitting services to pursue issuance of a state Environmental Resource Permit, a federal Section 404 Dredge and Fill Permit (Clean Water Act) and County Site Development Plan approval. Task 300 Land Surveys 300.01 Boundary - A 360acre+/- boundary survey in section 25-49-26. Boundary survey will be on state plane Florida east zone NAD83, 1999 adjustment. Title commitments or O&E reports will be provided by Collier County prior to start of survey. 300.02 Limited Topographic Survey - Elevations will be taken on a 1000' grid in the interior boundary. Elevations will be based on NGVD 1929. 300.03 Jurisdictional Lines - Locate up to 2000' of J.D. line and show on the Boundary Survey. J.D. lines will be flagged by the ecologist. 300.04 Geotechnical Boring - Up to 30 boring spots will be located or staked with no elevations. 300.05 Archeological Assessment (preliminary) - A preliminary archeological assessment will be performed using existing databases and a surface reconnaissance investigation to establish the presence of archeological artifacts such as arrow heads and graves. Should archeological artifacts be documented then additional archeological assessment (level II) may be required as an additional service to account for impacts the project will have. 300.06 Tree Survey - A site specific tree survey will be performed to locate all trees that are greater than four inches in diameter as measured four feet above the ground surface. NOT INCLUDED. Task 400 TRAFFIC IMPACT STATEMENT Prepare a traffic impact statement analyzing the proposed trip generation for the solid waste park in accordance with the Collier County Land Development Code. Level of Service will be analyzed at the landfill entrance based on the existing and proposed build PBSJ 3 Collier County Solid Waste Park Agenda Item No. 16C1 March 28, 2006 Page 7 of 11 out traffic. Turn lane and intersection improvements will be analyzed for the existing landfill entrance. Property appraiser records will be analyzed to establish a proposed eastern property connection. A single route will be considered. Task 500 Master Planning 500.01 Site Aerial Photo - Obtain available (from the Collier County Property Appraiser's Office) aerial photography surrounding the project area to be used throughout the rezoning process. 500.02 Existing zoning/land use - Obtain site information regarding intended use of the property for the conditional use. 500.03 Alternatives Analysis - Based on the results of the ecological study, and direction provided by the County as to the desired utilization, prepare two (2) preliminary alternative layouts of the anticipated program layouts. The alternative layouts will be prepared using freehand graphics. 500.04 Consensus Building - Review alternate layouts with the County to establish the preferred alternative. 500.05 AutoCAD Development - Enter the County selected Site Master Plan into an Auto CAD 2000 digital format file. The Site Master Plan will include information stipulated in the Collier County Land Development Code to graphically illustrate the development strategy. Task 600 Conceptual Storm Report 600.01 SFWMD Pre-application meeting - The CONSULTANT will arrange and attend a pre application meeting with the SFWMD and County staff. The intent of this meeting will establish design requirements and constraints for the projects. 600.02 Design Report - The CONSULTANT will prepare a report for the COUNTY that outlines findings and design criteria. Estimated pond layout, control elevations and littoral shelf requirements will be established. PBSJ 4 Collier County Solid Waste Park Agenda Item No. 16C1 March 28, 2006 Page 8 of 11 Task 700 not used Task 800 Public Meetings And Rezone/Conditional Use Submittal 800.01 Start-up Meetings - PBS&J will participate in up to two (2) meetings with the County to discuss the rezoning pre-application, confirm potential land uses/program elements, establish a schedule, and develop reporting requirements. PBS&J will work with Collier County to meet a mutually agreed upon schedule. 800.02 Research Information/Site Visit/Base Map Preparation - Coordinate collection of property appraiser maps and background materials as well as any relevant codes and ordinances from the appropriate jurisdictional agenCIes. - Visit the site to gather information and photo-document existing conditions. - Research existing and proposed land use and zoning data, parcel ownership data, conditional use requirements, and landscape requirements. - Develop a visual inventory on an aerial map at an appropriate scale. 800.03 Public Involvement/Meetings -PBS&J will attend one (1) meeting with the surrounding neighborhoods prior to the preliminary alternative layouts development. Comments and ideas received during these meetings will be incorporated, where appropriate, into the alternative concepts. Citizen comments will be provided to the County. -As required by Collier County Land Development code, PBS&J will attend one (1) neighborhood information meeting (NIM) with the surrounding neighborhoods. PBS&J will present the two (2) preliminary alternative layouts approved by the County. Citizen comments will be recorded and provided to the County. -PBS&J will participate in two (2) rezone sufficiency review sessions with the Collier County Land Development Services staff. PBS&J will respond to questions and prepare materials. -PBS&J will attend up to two (2) meetings with County legal staff to negotiate terms and conditions of the rezone application. -As required by Collier County Land Development code, PBS&J will attend up to three (3) public hearings conducted by each of the following governing PBSJ 5 Collier County Solid Waste Park Agenda Item No. 16C1 March 28, 2006 Page 9 of 11 bodies: Environmental Advisory Council (EAC), Collier County Planning Commission, and Board of County Commissioners PBS&J staff will review the rezone (conditional use application) status, present the County preferred master plan, relay citizen comments, and receive comments from each body. 800.04 Conditional Use Application: PBS&J will prepare the Conditional Use Application as required by the Collier County Land Development code. The Application will be in accordance with the Conditional Use Application Submittal Checklist and include: -Final approved layout -Environmental Impact Statement - Traffic Impact Statement -Survey Task 900 Additional Services For unforeseen requirements of change in this scope of services an allotment is included in the fee schedule for additional services. The Engineer may only proceed with additional services after the County in writing gives direction. Said direction will include the scope of additional work and the schedule of fees associated with it. Additional services may include but are not limited to landfill planning, geotechnical testing, archeological study, architectural site model, etc. III. COUNTY RESPONSIBILITY The County will be responsible to provide the following information: . Timely review and comments on draft submittals . County records available for the site. IV. SCHEDULE PBS&J will coordinate with the County regarding milestones and appropriate schedule benchmarks. V. COMPENSATION PBSJ 6 Collier County Solid Waste Park Agenda Item No. 16C1 March 28, 2006 Page 10 of 11 Compensation for the above services shall be in accordance with the attached spreadsheet entitled Table 1. VI. ADDITIONAL SERVICES Additional services shall be negotiated separately as either lump sump or hourly m accordance with attached rate table and may include: (a) Additional meetings with the area residents in addition to the required neighborhood meeting. (b) Additional research and unusual defense of the project regarding potential noise, odor and other nuisance effects on area homeowners. The extent of this effort will only be known after the initial neighborhood meeting is held. (c) Existing available traffic data will be used to the maximum extent feasible. In the event that insufficient traffic data is available from existing sources, it may be necessary for Solid Waste to collect machine traffic count data and/or manual turning movement data on one or more facilities within the radius of influence of the project. Solid Waste or one of its traffic data collection sub consultants will collect the necessary data in the manner prescribed by Collier County. (d) Provide additional site planning services as required. It is acknowledged that additional fees may be needed based on the specific scope of work required. VII CLARIFICATIONS I. All submittal fees, review fees, recording fees, permit fees, construction inspection fees, and fiscal arrangements will be paid by the Client. 2. Services that are not specified in this Scope of Services are subject to a written addendum to this Contract. Additions, deletions, and changes in the Scope of Proposed Services will be agreed upon in writing between the Client and PBS&J. PBSJ 7 Collier County Solid Waste Park ..-(.0..- l.).R ..- ~. '5 c"'..- Z.cClJ EuOl i-CIJ ClJroQ.. ::'=:2 CIJ "0 C ClJ OJ <( ~ I~ I E 0 5~_" ~I~ . ~- _.~ - 01 - NN ~ i~ - 't: 0 - .:; r- .~ '! i- 0 . ~ .. . . . lB. -... ;,) - ~ ~ co U 0 - 0 ~ """ .. N I~ , <:) of <:) I: . en co .. II)~ ~ ~ 1-'7 I G (.) 0 - :5! W ~ .., '" 0 '! .. 0::: 0 -5 - 0..1 ....- ~ Isf Eg l'" o. - '" ;;. ''i r~ NN os ~ ~ j5 .5 ~ ~ ;; .. . ... . E ~ . . ~ . ~ 0 go; I- r . . ~ .-;' I~I ~~ ::>on ---~ ' I . ~ . ~ ~IB ~ of ! :;; . . ~INr u 51 e .. '" . 0 I .. t - t 't: Q 0 ... . . I r' '! :i I 0 r .. ~I~' ..~.., ..... I- Z w ~I~ :E c.. 0 I i~1 ...J w > w ~ " ~ Cl .. " ~ " ;;; ~ ~ 0 ~ i e::: (,) :i :i ~ oll c W 01 0 l- e t en e 'S .s <( f- al 0 iii z al .. .. ... 3: w J:) .....'" c ~ > ..~ al e 0 w ftI'C In':; U ... Cl J:, al ::>~ l!! u ......= al ::::i 'C ::l 'C E ::l .... e ... ... e 0 e l:l' 8: ::l j.li! "- II. en_ .. t t:. ~ . ;I; :5! Q '" ~ -5 - . .~ .. ..,... .. - ~~ - ~ u . E -" g ~ U 'j; ~~ ~<<l :.g -... . ~ .g u: .g~ . .. e ~ ~i ~ . "'.. ;; e .. ~ '" . ~ ii EXECUTIVE SUMMARY Agenda Item No. 16C2 March 28, 2006 Page 1 of 5 -- Recommendation to authorize conveyance of an Easement to Florida Power & Light Company (FPL) for the installation of underground electric facilities to provide electric service to the South County Regional Water Treatment Plant 12-MGD Reverse Osmosis Expansion (SCRWTP 12-MGD RO Expansion), at a cost not to exceed $27.00, Project Number 700971. OBJECTIVE: The public purpose is to convey an Easement to FPL to improve servIce reliability to the SCRWTP ]2-MGD RO Expansion. CONSIDERATION: The SCRWTP 12-MGD RO Expansion will be located in the SCRWTP 8-MGD RO Plant building. In order for FPL to provide required electric service to the RO Expansion, FPL requires an easement on the Property to connect new with existing electric facilities. The easement area measures ] 0 feet in width by 25 feet in length and is described on Exhibit "A" to the attached Easement. Real Estate Services' staff Appraiser valued the Easement at $276. The County will not be compensated, however, because the Easement is a requirement of FPL to provide improved service to the Property. The Easement has been reviewed and approved by the County Attorney's Office, the Parks and Recreation Department, and the Public Utilities Engineering Department. The Clerk's Office has also reviewed this information. _. The intent of this action is consistent with the 2003 Update to the Water Master Plan, as adopted by the Board on May 25, 2004, as Agenda Item 10D, because approving this Easement will further the process of enhancing public water supply reliability. FISCAL IMPACT: The total cost will not exceed $27.00 to record the Easement. Funds in the amount of $27.00 are available for this project. The intent of the proposed work is consistent with the FY06 Water Capita] Budget for FY06 for Project 70097], SCRWTP 12-MGD RO Expansion, as approved by the Board on September 27, 2005. Source of funds is Water Impact Fees (411). GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Easement; and 2. Authorize the Chairman to execute the attached Easement; and 3. Authorize the recording ofthe Easement in the Collier County Public Records. - PREPARED BY: Thomas A. Deusa, Property Acquisition Specialist Real Estate Services / Facilities Management Department Item Number: Item Summary: Meeting Date: Agenda Ilem No. 16C2 March 28, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Recommendation to authorize conveyance of an Easement to Florida Power & Light Company (FPL) for the installation of underground electric facilities to provide electric service to the South County Regional Water Treatment Plant 12~MGD Reverse Osmosis Expansion (SCRWTP 12MMGD RO Expansion), at a cost not to exceed $27.00, Project Number 700971. 3/26/2006 9.00:00 AM Date Prepared By Parfirio E. Gramatges, P.E, Sf. Project Manager 2110/200611:01 :30 AM Approved B}' Public Utlltties Public Utilities Engineering Water Qperntions Manager Date Pamela LIbby Public. Utilities Water 2112J20061:53 PM Paul Mattausch Water Director Date Approved By Public Utilities Water 2f131200G 4:54 PM Roy B. Anderson, P.E. Public Utilitie$ Engineering Director Date Approved By Puhlic Utilities Public Utilities Engineering 2/14/200611:02 AM Thomas Wides Operations Director Date Approved By Public Utilities Public UtilitiEts Operations 3121200611:11 AM James W. Delony Public Utilities Administrator Date Approved By publie Utilities Public Utilities Administration 3/13./200611::33 AM Administrative Assistant Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 3/15/20068:04 AM Rllndy Greenwald Management/Budget An<llyst Date Approved By County Manager's Office Office of Management & Budgel 3117120068:13 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office OfficI!' of Management & Budget 3/17/20064:07 PM Loo E. Ochs. Jr. Deputy County Manager Date Approved By Board of County Commissioners County Manager's Office 3/20120068:37 AM EASEMENT Agenda Item No. 16C2 March 28, 2006 Page 3 of 5 Form 3722-A (Stocked) Rev.7/94 Work Order No. Prepared By: Thomas A. Deusa Name: Frank Balogh Co. Name: FP&L Co, Address: 1813 Lee Street Ft. Myers, FL 33901 Sec. 35, Twp.49S, Rge.26E. Parcell.D. 00298280001 (Maintained by Property Appraiser) The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company. its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge. change the voltage. as well as, the size of and remove such facilities or any of them within an easement 10 feet in width. described as foliows: An FP&L Company easement more particularly described on Exhibit "An attached hereto and made a part hereof. Said easement prepared by Thomas M. Murphy of Hole Montes, Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant. if at all, the rights hereinabove granted on the land heretofore described. over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF. the undersigned has signed and sealed this instrument on this _ day of ,2006. Board of County Commissioners Collier County, Florida By: Frank Halas, Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E, Brock, Clerk 3301 Tamiami Trial East Naples, Florida 34112 Approved as to form and Legal sufficiency: .~ G2 tkO-~hA~A Ellen T. Chadwell, Assistant Counly Attorney NtPL!') ()Q- ~r-O ~ ON g, Z C1:l E-Da.. 0)..... .....C"ll ~2 -C c 0) Ol <( ~ ~ F 15",t:i l1.N~ <~s ~~,,;~ Ra:~- ~F5~~ g~ .~ ...J ~~ ~~!5~ :5e.~~ ~Vi~~ l1.iZl.&J ~ ~e5j!: Ii: IIlItiU~ is' ~P"lffi fA e~~~a ~ Stiulii ...J .~..:ffi ~ ~ 1Ilj!:~ ~ <~i5Wt$ ~ LJ : ~~ -olE . I.IJ; 0 :!15~ :! ~ "ll)~ 15 ~UlD~~ .... ~'""~ OU~1Il8<r _O~< I.IJ ~~:5li! 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Q ~ <( C) ..... ~ o z <( :I: U I- ..... ~ tf) >- ID It )... -~ ~ IIII~ ~ ~llloCil '- .. l!sSI ~ Il!!l!!~~ It r;~ 8 '0 ~ :i!:~~.!_ l! I') I B cO g-.J :;5% c::iA: Nt: c L&J .".....-.2 ~J~(.)i '" g.t:!.-8"l: Z..S] !c:'S o < .s: ll. I- Z W ::::!: Wu Cl ~:?; Z ~~ I.&J ~ t3 ~ (.)ID I.&J ~ l4.. -..J 0 0 1-1- ZZ 00 a. a. I~' 01 61 DUll,to",".1PrtV :.(<:1 panOld wdex;:r - SOOZ: '9! UDr "PO" :qoJ. 6",p'V1sa;u,o\MO\LZI,.OOZ\tOOl'\:1-I (.)ID 00 a. a. Agenda Item No. 16C3 March 28, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $68.50 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes Satisfactions for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $8,367.10. The fiscal impact for recording the Satisfactions of Lien is approximately $68.50, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. - PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Item No. 16C3 March 26. 2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C3 Item Summary: Recommendation to approve, execute and rBcord Satisfactions for certaln Water and/or Sewer Impact Fee Payment Agreements Fiscal impact is S68.50 to record the Satisfactions of lien Meeting Date: 3/28/20069:00:00 AM Prepared By Pam Cams Revenue Supervisor Date Public Utilities USCS 2/17/20066:57:59 AM Approved By Pam Callis Revenue Supervisor Date Public UtlHties U6CS 2/24/2006 1 :58 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utillti~ uscs 3/1/20061:08 PM APPTovcd By Thomas Widas Ope-rations Director Date Public U1iUties Public Utilities Operations 3/8/2006 11 :24 AM Approved By Teresa Riesen R"venue Manager Date Public utilities U6GS 31101200611 :32 AM Approved By James W. DeLony Public Utilities Admlnistrntor Date Public Utilities Public Utilities Administration 3113/200611:34 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Mam.gement & Budget 311512006 8:25 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office OfficE; of Managflmant & Budget 311512006 8:34 AM Approved By James V. Mudd County Manager Date Board of County Commissioners COUl1ty Manager'f; Office 3/16/200611 :31 AM Agenda Item No. 16C3 March 28, 2006 Page 3 of 10 EXHIBIT "A" 1. Darwin F. Brandt and Doris R. Brandt, husband and wife, securing the principal balance of one thousand one hundred dollars and no cents ($1,100.00). Folio #25080560008 2. Gertrude Louise Waddell Marshall, a married woman, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75). Folio #26830200009 3. George Mitchell and Laura 1. Mitchell, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75). Folio #50865003360 4. Robert L. Shirley, Seller (and) Rafael Martinez and Dolores Martinez, husband and wife, Buyers, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75). Folio #61838920003 5. Clyde L. Shue and Samantha L. Shue, husband and wife, securing the principal balance of one thousand five hundred four dollars and eighty cents ($1,504.80). Folio #61839720008 6. Stone Building Corporation, a Florida Corporation and Galvan Garcia, a single man, securing the principal balance of one thousand two hundred sixty do lIars and five cents ($1,260.05). Folio #62207720008 Agenda Item No. 16C3 March 28, 2006 Page 4 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER ANDIOR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Darwin F. Brandt and Doris R. Brandt, husband and wife Whose mailing address is 2563 Linwood Avenue Naples, FI 33962 Bearing the date of the 5th day of August 1991, recorded in Official Record Book 001637 Page(s) 001028, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Dollars and No Cents ($1,100,00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, BLOCK 1, BURDALE ACCORDING TO PLAT IN PLAT BOOK 4, PAGE 2, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 25080560008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E, BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C3 March 28, 2006 Page 5 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER ANDIOR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Gertrude Louise Waddell Marshall, a married woman Whose mailing address is 2898 Gordon St Naples, FI 33962 Bearing the date of the 11th day of October 1993, recorded in Official Record Book 1873 Page(s) 000603, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500,75) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 8, COL-LEE-CO GARDENS, ACCORDING TO PLAT IN PLAT BOOK 1, PAGE 30, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 26830200009 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C3 March 28, 2006 Page 6 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: George Mitchell and Laura I. Mitchell, husband and wife Whose mailing address is Box 285 Fort Frances Ontario, Canada P9A 3M6 Bearing the date of the 28th day of December 1992, recorded in Official Record Book 1782 Page(s) 000920, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500,75) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 169, OF HITCHING POST MOBILE HOME PARK, A COOPERATIVE, ACCORDING TO EXHIBIT "B" OF THE MASTER FORM PROPRIETARY LEASE RECORDED IN OFFICIAL RECORDS BOOK 1581, PAGES 1728 THROUGH 1755, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 50865003360 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: FRANK HALAS, CHAIRMAN David C. Weigel County Attorney Agenda Item No. 16C3 March 28, 2006 Page 7 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Robert L. Shirley, Seller (and) Rafael Martinez and Dolores Martinez, husband and wife, Buyers Whose mailing address is 3121 Karen Dr Naples, FI 33942 Bearing the date of the 5th day of October 1993, recorded in Official Record Book 1871 Pagers) 001478, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Dollars and Seventy Five Cents ($1,500,75) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ESTATE OF MARTHA L. ELLIOTT FILE NUMBER 91-739-CP-02-HDH SCHEDULE OF PROPERTY TRANSFERRED TO ROBERT L. SHIRLEY BEGINNING AT THE N.E. CORNER OF LOT 100 OF NAPLES GROVES & TRUCK COMPANY'S LITTLE FARMS NO.2 SUBDIVISION, THENCE N. 89- 26' 40" W. 600 FEET, TO POINT OF BEGINNING, THENCE S. O' 09'00" W. 139.0 FEET, THENCE S. 89' 26' 40" E. 60.0 FEET, THENCE N. O' 09'00" E. 139.0 FEET, THENCE N. 89'26'40" W. 60.0 FEET TO POINT OF BEGINNING. THIS PROPERTY MAY BE OTHERWISE DESCRIBED AS LOT 13, TARPON MOBILE ESTATES. THESE LANDS ARE RECORDED IN OFFICIAL RECORDS BOOK 494, PAGE 598, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, NAPLES GROVE & TRUCK COMPANY'S LITTLE FARMS NO.2, RECORDED IN PLAT BOOK 1, PAGE 27-T, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61838920003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chainnan, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. Agenda Item No. 16C3 March 28, 2006 Page 8 of 1 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C3 March 28, 2006 Page 9 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-8400 SA TIS FACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Clyde L. Shue and Samantha L Shue, husband and wife Whose mailing address is 3209 Karen Dr Naples, FI 33962 Bearing the date of the 16th day of July 1992, recorded in Official Record Book 1735 Page(s) 001644, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Four Dollars and Eighty Cents ($1,504.80) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 19, TARPON MOBILE HOMES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 100, NAPLES GROVES & TRUCK COMPANY'S LITTLE FARMS NO.2, ACCORDING TO PLAT IN PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 61839720008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: David C, Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C3 March 28, 2006 Page 1 0 of 10 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Stone Building Corporation, a Florida Corporation and Galvan Garcia, a single man Whose mailing address is 5476 Martin St Naples, FI 33962 Bearing the date of the 25th day of August 1992, recorded in Official Record Book 1746 Page(s) 001368, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property, The lien secures the principal sum of One Thousand Two Hundred Sixty Dollars and Five Cents ($1,260,05) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 2, BLOCK 13, AMENDED PLAT OF NAPLES MANOR EXTENSION, AS RECORDED IN PLAT BOOK 3, PAGE 101, COLLIER COUNTY PUBLIC RECORDS. FOLIO NUMBER: 62207720008 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the lien and hereby cancels the lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal sufficiency: FRANK HALAS, CHAIRMAN David C, Weigel County Attorney Agenda Item No. 16C4 March 28, 2006 Page 1 of 4 ,- EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has received payment and said Lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessment. ,-- CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that a Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1991 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign this Satisfaction of Lien for the 1991 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,-- Item Number: Item Summary: Meeting Date: Agenda Item No. 16C4 March 28, 2006 Poge 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation 10 adopt a Resolulion 10 approve the Satisfaclion of Lien for a Solid Waste residential account wherein the county has received payment and said Uen is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessment Fiscal impact;s $20,00 to record Satisfaction of Lien. 3/28/2006900:00 AM Revenue Supervisor Date Prepared By Pam Callis Public Utilities uses 2/17120069:09:47 AN> Approved By Revenue Supervisor Dale Pam Callis Public Utilities uses 2/24/2006 1:59 PM John A. Yonkosky Utility Billing Director Date Approved By Public Utilities uses 311/2006 1 :12 PM Oporations Director Date Approved By Thomas Wides Public Utilities Public Utilities Operations 3,18(200611 :25 AM Teresa Riesen Revenue Manager Date Approved By Public Utilities uses 3/1012006 11;32 AM Public Utllitios Administrator Dale Approved By James W. DeLony Public Utilities Public Utilities Administration 3113/200611 :34 AM OMS Coordinator Administrative AS5istanl Date Approved By County Manager's Office Office of Management & Budget 3/15/2006 8:20 AM Managem~nt/Budget AnalYI>t Date Approved By Randy GreFOnwald County Manager's Office Office of Management & Budget 3/15/2006 10:25 AM Michael Smykowski Manage-mant & Budget Director Date Approved By County Manager's Office Office of Management & Budgel 3/16120062:50 PM Le() E, OCh6, Jr. OF/put)' County M;mager Date Approved By Board of County Commissioners County Managar's Office 3/16/20063:32 PM Agenda Item No. 16C4 March 28, 2006 Page 3 of 4 RESOLUTION NO. 2006 - A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 91459 This Resolution adopted this _ day of second and majority vote , 2006, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C4 March 28, 2006 Page 4 of 4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 66882600002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ozuna, Israel=& Leticia 308 S 8th St Immokalee FL 339340000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK D LOT 7 OR 1250 PG 1565 Folio No. Project No. Account No. 66882600002 60000 91459 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 March 28, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. - CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the five accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $60.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the five Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign these five Satisfactions of Lien for the 1992 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service - Item Number: Item Summary: Meeting Date: Agenda Item No. 16C5 March 28. 2006 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Reconllnendation to adopt a Resolution 10 approve the Satisfactions of Uen for Solid Waste residenliai accounts wherein the County has received payment and said Liens are satisfied in full for B"e '992 SOlId Waste COllection and Disposal Services Special Assessments. Fiscal impact is 560.00 10 record the Satisfactions of Lien. 3/28/20069:00:00 AM Revenue Supervisor Date Prepared By Pam Callis Public Utilities UBes 2117120069:29:13 AM Pam Callis Revenue Supervisor Date Approved By Public Utilities UBCS 2124/2006 1 :59 PM Utility Billing Director Oat. Approved By John A. Yonkosky Public UtiUties UBes J/1/2006 1 :11 PM Thomas Wides Operations Director Dato Approved By Public Utilities Public Utilities Opemtions 318/200611:26 AM Revenue Manager Date- Approved B:r Teresa Riesen Public Utilities UBes 3/10/200611:32 AM Jamas W. DaLony Public Utilities Administrator Date Approved By Public Utilities Public Uttlities Administmtion 3113/200611:34 AM Approved By Administrative Assistant Date OMS Coordinator County Manager's Office Office of Management & Budget 3!15/2006 8:20 AM Randy Greenwald ManagementfBudget Analyst 0... Approved By County Manager's Office Office of Manage-ment & Budgel 3(15/200610:35 AM MichBel Smykowski Management & Budget Director Date Approved By County Manager's Office- Office of Management & Budget 3/16/20062:55 PM Leo E. Ochs, Jr. Deputy County Manager Date Approved By Board ot County Commissioners County M..'lnagor's Office 3/16!200G 3:40 PM RESOLUTION NO. 2006 - Agenda Item No. 16C5 March 28, 2006 Page 3 of 8 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No, 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 2257 91051 115607 129651 133359 This Resolution adopted this _ day of second and majority vote, , 2006, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C5 March 28, 2006 Page 4 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 00072640003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Brinegar, Mildred Fussell 3413 Westclock St. Immokalee FL 339340000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 314629 COMM NE CNR RUN W 890FT TO POB, W 100FT, S 220FT, E 100FT, N 220FT TO POB .5 AC OR 433 PG 660 Folio No. Project No. Account No. 00072640003 61000 2257 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 March 28, 2006 Page 5 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 53503280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: Green, Danny Lee=& Rachael G 1709 Lake Trafford Immokalee, FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 OR 1415 PG 603 Folio No. PROJECT NO. Account No, 53503280002 61000 91051 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2006, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 March 28, 2006 Page 6 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 62425160000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, Rebecca 4000 14th St N Naples FL 339400000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19 OR 1636 PG 185 Folio No. Project No. Account No. 62425160000 61000 115607 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK. CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 March 28, 2006 Page 7 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 65170320008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Cochran, Willie Ede=& Retha M POBox 161 Immokalee, FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 2 W 30FT LOT 51 + E 45FT OF LOT 52 OR 594 PG 747 Folio No. PROJECT NO. Account No, 65170320008 61000 129651 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2006, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C, Weigel County Attorney Agenda Item No. 16C5 March 28, 2006 Page 8 of 8 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 66930160009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Houston, Emma 216 S 4th St Immokalee FL 339340000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE GROVE LOT 5 OR 836 PG 458 Folio No. Project No. Account No. 66930160009 61000 133359 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. ATTEST: DWIGHT E BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C, Weigel County Attorney Agenda Item No. 16C6 March 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. -- CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the four accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $50.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the four Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the 1993 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ,-. Item Number: Item Summary: Meeting Date: Agenda 11em No. 16C6 March 28. 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C6 Recommendation to adopt a Resolution to approve the Satis-factions of Lien for Solid Waste residential accounts 'Nherein the County has received payment and said Liens are satisfied in full for Ihe 1993 Solid Waste Collection and Disposal Services Special Assessments Fiscal impact is S50.00 to record 1t1e Satisfactions of Lien. 3128120069:00:00 AM Revenue Supervisor Date- Prepared By Pam Callis Public Utilities UBes 2117120069:42:23 AM Revenue ManAger Date Approved By Teresa Riesen Public Utilities uses 21171200610:34 AM Revenue Supervisor Date Approved By Pam Callis Public Utilities uses 212412006 2:00 PM Utility BlUing Director Date Approved By John A. YonkosKy Public Utilities uses 3J1/2006 1:11 PM Operations Director Date- Approved By Thomas Wides Public Utilities Public Utilities Operations 3/B12006 11 :27 AM Public Utllltios Administrator Date Approved By James W. Delany Public Utilities Public Utilities Administration 3J131200611:34AM Administrative Assistant Date Appro,,'ed By OMS Coordinator County Manager's Office Office of Management & Budget 3/1512006 8:22 AM Randy Greenwald Management/Budget Anlllyst D.1te Approved By County Manager's Office Office of Manag&ment & Budgel 3/16/20069:46 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Offiee of Manage-ment & Budget 3/16/20062:56 PM Approved B)' Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Offic~ 311612006 3:44 PM RESOLUTION NO. 2006- Agenda Item No. 16C6 March 28, 2006 Page 3 of 7 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No, 495 18115 23087 26204 This Resolution adopted this _ day of second and majority vote. , 2006, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C6 March 28, 2006 Page 4 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 00072640003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Brinegar, Mildred Fussell 3413 Westclock St. Immokalee FL 339340000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 31 4629 COMM NE CNR RUN W 890FT TO POB, W 100FT, S 220FT, E 100FT, N 220FT TO POB .5 AC OR 433 PG 660 Folio No. Project No. Account No. 00072640003 63000 495 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 March 28, 2006 Page 5 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 53503280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Green, Danny Lee=& Rachael G 1709 Lake Trafford Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 OR 1415 PG 603 Folio No. Project No. Account No. 53503280002 63000 18115 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 March 28, 2006 Page 6 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 62425160000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, Rebecca 4000 14th St N Naples FL 339400000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19 OR 1636 PG 185 Folio No. Project No. Account No. 62425160000 63000 23087 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C6 March 28, 2006 Page 7 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 66930160009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Houston, Emma 216 S 4th St Immokalee FL 339340000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE GROVE LOT 5 OR 836 PG 458 Folio No. Project No. Account No. 66930160009 63000 26204 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 March 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the] 994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Reso lution. The attached Resolution lists the four accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $50.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the four Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the 1994 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service .- Item Number: Item Summary: Meeting Date: Agenda Item No. 16C7 March 28, 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C7 Recommendation to adopt a Resolution to approve ,he Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are sa:isfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments Fiscal impact is $50,00 to record the Satisfactions 01 Lien, 3/28/20069:00:00 AM Revenue Supervisor 0... Prepared By Pam Callis Public Utilities uses 2/17/2006 10:01 :42 AM Pam Callis Revenue Supervisor Date Approved By Public Utilities uses 2/24/2006 2:01 PM Utility Billing Director Date Approved By John A. Yonkosky Public UtIHtiftS uses 311/2006 1 :10 PM Operations Director Date Apprmred By Thomas Wides Public Utilities Public Utilities Operations 3/B/2006 11:27 AM Teresa Riesen Revenue Manager Date Approved By Public Utilities uses 3/10/200611:33 AM Public Utilities Administrator Date Approved By James W. Delany Public Utilities Public Utilities Administration 3.113/200611:34 AM Administrative Assistant Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 3/15/20068:22 AM Randy Greenwald ManagementlBudget Analyst Date Approved By County Manager's Office Office of Managf)ment & Budget 3f16/2006 9:34 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management 8. Budget 3/16120062:57 PM Approved By Loo E. Qchs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/16120063:47 PM Agenda Item No. 16C7 March 28, 2006 Page 3 of 7 RESOLUTION NO. 2006-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 17103 21746 24756 27740 This Resolution adopted this _day of second and majority vote. , 2006, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C7 March 28, 2006 Page 4 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 53503280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Green, Danny Lee=& Rachael G 1709 Lake Trafford Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 OR 1415 PG 603 Folio No. Project No. Account No. 53503280002 64000 17103 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 March 28, 2006 Page 5 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 62425160000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, Rebecca 4000 14th St N Naples FL 339400000 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19 OR 1636 PG 185 Folio No. Project No. Account No. 62425160000 64000 21746 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 March 28, 2006 Page 6 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 66930160009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Houston, Sr. Albert 216 S 4th St Immokalee FL 339340000 The Lien was recorded on the 14th day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Seventy Two Cents ($106.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE GROVE LOT 5 OR 2041 PG 1896 Folio No. Project No. Account No. 66930160009 64000 24756 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C7 March 28, 2006 Page 7 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No: 77162320004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Velasco, Melinda M 1226 N 18th St Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: TRAFFORD PINE EST SEC IBLK4 LOT 33 OR 1654 PG 1560 Folio No. Project No. Account No. 77162320004 64000 27740 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16CB March 2B, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the eight accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $90.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the eight Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the eight Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service - Item Number: Item Summary: Meeting Date: Agenda Ilem No. 16C8 March 28, 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C8 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments Fiscal impact is $90,00 to record the Satisfactions of Lien. 3/2812006 900:UO AM Revenue Supervisor Date Prepared By Pam Callis Public Utilities uses 2117/200610:20:36 AM Pam Callis Revenue Supervisor Date Approved By Public Utilities uses 2124/20062:02 PM Approved By John A. Yonkosky Public Utillti&S Utility Billing Director Date uses 3/1/2006 1 :09 PM Operations Director Oato Approved By Thomas Widas Public Utilities Public Utilities Operations 31B/2006 11 :28 AM Revenue Manager Date Approved By Teresa Riesen Public Utilities UBes 3/10/200611:33 AM Public Utilities Administrator Date Approved By James W. DeLany Public Utilities Public Utilities Administration 3/13/2006 11 :35 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/15/20068:23 AM Randy Greenwald ManagnmentlBudget Analys1 Date Approved By County Manager's Office Office of Management & Budget 3/16120069:38 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3/16/2006 2:58 PM Approved By la-o E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3f16/2006 3:53 PM RESOLUTION NO. 2006- Agenda Item No. 16C8 March 28, 2006 Page 3 of 11 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1601 6444 10171 13738 18351 19208 22910 28341 This Resolution adopted this _day of second and majority vote. , 2006, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 4 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 00133480005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johnson, James W 226 Ohio Ave Fort Myers FL 339054365 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 94729 SW1/4 OF NW1/4 OF NE1/4, EXC R/VI/, LESS OR 251 PG 806, LESS OR 273 PG 465, LESS OR 353 PG 141, LESS OR 387 PG 405, LESS OR 589 PG Folio No. Project No. Account No. 00133480005 65000 1601 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 5 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74030760003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sloan Jr, Walter 409 S 2nd St Immokalee, FL 341424006 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Page 3270, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Twenty Six Dollars and Thirty Three Cents ($26.33), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: S IMMOKALEE HGTS BLK 2 LOT 3 Folio No. Project No. Account No. 74030760003 65001 6444 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 6 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 36436000004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Crytzer, William S=& Cynthia S 5253 32nd Ave SW Naples FL 341168117 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 7 BLK 237 LOT 20 OR 1589 PG 352 Folio No. Project No. Account No. 36436000004 65000 10171 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 7 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 38221400008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Davison, Harold W=& Eileen K Hugh R & Doris D Parry 6170 Sea Grass Ln Naples, FL 341165434 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 31 E 180FT OF TR 19 OR 1908 PG 1920 Folio No. Project No. Account No. 38221400008 65000 13738 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 8 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 53503280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Green, Rachel G 5107 Quail Roost Rd Immokalee, FL 341422319 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 Folio No. Project No. Account No. 53503280002 65000 18351 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 9 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 56405480004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bernard, Soleme Barelais, Marie 440 E Delaware Ave Immokalee, FL 341424109 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 6 LOT 6 Folio No. Project No. Account No. 56405480004 65000 19208 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 10 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 62425160000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, Rebecca 4000 14th St N Naples FL 341032315 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19 OR 1636 PG 185 Folio No. Project No. Account No. 62425160000 65000 22910 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C8 March 28, 2006 Page 11 of 11 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 74031440005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Herrera, Fermando Lozano, Gregoria 406 S 3rd St Immokalee, FL 341424011 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: S IMMOKALEE HGTS BLK 2 LOT 21 Folio No. Project No. Account No. 74031440005 65000 28341 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $100.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. ,..-., Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the nine accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $100.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the nine Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the nine Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREP ARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service .....--.... Item Number: Item Sum mary: Meeting Date: Agenda Item No. 16C9 March 28. 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS f6C9 Recommendation to adopt a Resolution to approve the Satisfactions of lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $100,00 to record the Satisfactions of Lien. 3/28/20069:00:00 AM Revenue Supervisor Date Prepared By Pam Callis Public Utilities UBes 2/17/20061 0:39:D5 AM Date Approved By Pam Callis Public Utilities Rovenue Supervisor uses 212412006 2:03 PM Date Approved By John A. Yonkosky Public Utilities Utlllty Billing Director uses 311/2006 1 :09 PM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Opemtions 3/812006 11 :29 AM Date Approved By Teresa Riesen Public Utilities Revenue Manager uses 3110/200611 :33 AM Date Approved By James W. Delany Public Utilities Public Utilities Administrater Public Utilities Administration 3/131200611 :35 AM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3115/20068,23 AM Date Approved By Randy Greenwald County Manager's Office Managem&ntiBudget Analyst Office of Management & Budget 3/16/20069:42 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of M,magement & Budget 3/16/20062:51 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/16/20064:07 PM RESOLUTION NO. 2006- Agenda Item No. 16C9 March 28, 2006 Page 3 of 12 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 893 5597 6525 8772 15998 19622 20103 25344 27290 This Resolution adopted after this _day of majority vote. , 2006 after motion, second and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 4 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 29355100380 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bultinck Enterprises Inc 9621 Crescent Garden Dr # 201 Naples, FL 341094530 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Twenty Six Dollars and Four Cents ($26.04) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CRESCENT GARDENS A CONDOMINIUM E-201 Folio No. Project No. Account No. 29355100380 66001 893 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 5 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 74031440005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Herrera, Fermando Lozano, Gregoria 406 S 3rd St Immokalee FL 341424011 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Nine Dollars and Ninety Six Cents ($79.96) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: S IMMOKALEE HGTS BLK 2 LOT 21 Folio No. Project No. Account No. 74031440005 66001 5597 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 6 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 30681680000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Garcia, Munoz Israel 1416 Orange St Immokalee, FL 341422102 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: EDEN PARK BLK 2 LOT 16 Folio No. Project No. Account No. 30681680000 66000 6525 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 7 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 36001120005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hoffman, Patricia 4479 29th Ave SW Naples, FL 341168207 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 3 BLK 101 LOT 20 Folio No. Project No. Account No. 36001120005 66000 8772 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 8 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 39209960006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mount, James M 261 16th St SE Naples, FI 341179415 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 48 N 75FT OF TR 130 OR 1765 PG 1905 Folio No. Project No. Account No. 39209960006 66000 15998 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 9 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 52651240005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Filostin, Louis Ocepha Polite PO Box 2049 Immokalee, FL 341432049 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Twenty Six Dollars and Forty Four Cents ($426.44) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK CLOTS 5 + 6 OR 1389 PG 571 Folio No. Project No. Account No. 52651240005 66000 19622 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 10 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 53503280002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Green, Rachel G 5107 Quail Roost Rd Immokalee, FL 341422319 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE TRAFFORD SHORES UNIT 1 BLK E LOT 4 Folio No. Project No. Account No. 53503280002 66000 20103 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of . 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 11 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 62425160000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wallace, Rebecca 4000 14th St N Naples FL 341032315 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 1 BLK 14 LOT 20 + W 35FT OF LOT 19 OR 1636 PG 185 Folio No. Project No. Account No. 62425160000 66000 25344 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C9 March 28, 2006 Page 12 of 12 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 63857560002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Vickery ET UX, Roy PO Box 550 Immokalee, FL 341430550 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET SUBD BLK 22 LOT 11 Folio No. Project No. Account No. 63857560002 66000 27290 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C10 March 28, 2006 Page 1 of 15 Executive Summary Recommendation to award construction Work Order UC-195 under fixed term Underground Utilities Contract 04-3535 to Mitchell and Stark, Inc. in the amount of $110,000 for the removal of the emergency storage bleach facility, and to award Work Order CHM-FT-3291-06-02 under Fixed Term Engineering Services Contract 01-3291 to CH2M HILL, Inc. in an amount of $46,900 for Time and Materials to provide Construction Engineering Inspection services to serve the North County Water Reclamation Facility (NCWRF), and approve the necessary Budget Amendments in the amount of $156,900, Project Number 73966. OBJECTIVE: The public purpose is to remove the temporary facility installed post Hurricane Wilma, and to enhance the reliability and safety of the chlorine bleach system at the North County Water Reclamation Facility (NCWRF). These work orders and budget amendments will also enhance the operator ability to manage and control the amount of bleach that each chlorine contact chamber receives to ensure compliance with regulatory provisions. ,,~,,-,., CONSIDERATION: The scope of this project is to have a reliable sodium hypochlorite (bleach) solution system for the North side of the NCWRF. The existing sodium hypochlorite tank containment area will be repaired so that will the containment area will contain two (2) 12,000 gallon polypropylene vertical storage tanks. In addition, the temporary containment area and storage tanks will be removed. The design for this project is complete and the funds requested are for construction work and construction engineering and inspection (CEI) services. The next and final phase of this project will be an upcoming work order for a new pump skid that will be added to house three dedicated pumps with one standby pump. Quotes were solicited from general contractors on the fixed tenn contract 04-3535 Underground Utility Services. On March 3, 2006, two quotes were received for the construction of this project and are summarized in the following table: BIDDER QUOTES Mitchell and Stark $110,000 Douglas N. Higgins. Inc. $234,000 After thorough analysis staff concluded that the bids were fair and reasonable, thus staff recommends awarding the contract to the lowest responsive and qualified bidder, Mitchell and Stark, Inc., for $110,000. This amount is within 10% of the $100,000 estimated cost provided by the Engineer of Record, Hole Montes. - The Project 739661, NCWRF Bleach System Reliability Upgrades, is contemplated in the 2003 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (C) on May 25, 2004, and fully outlined in the Agenda Item No. 16C10 March 28, 2006 Page 2 of 15 upcoming 2005 Wastewater Master Plan scheduled to be adopted by the Board of County Commissioners later this year. These work orders and budget amendment will continue to enumerate and capture developed costs, which are defined in relation to the Board of County Commissioners approval of Agenda Items 16 (C) (2) & 16 (C) (3) on December 13th, 2005, and Agenda Item 16 (C) (8) on February 14t\ 2006. Project 73966, NCWRF Bleach System Reliability Upgrades, was already planned and designed when a critical failure occurred to the bleach system causing the need for emergency repairs. Emergency purchase orders (EPO Z0600 1, Z06002, and Z06003) were written to provide a temporary solution to this critical failure of the bleach system. These work orders will replace the temporary solution with a permanent one. The total cost associated with these work orders is $156,900 in two contracts. ITEM COSTS Funding for UC-195 $ 110,000 Funding for CHM-FT -3291-06-02 $ 46,900 Total $156,900 Staff have reviewed the proposed scope of services and associated fees and considers the total compensation to be fair and reasonable based upon the resources required for performance of the services. The Clerk of Courts Finance & Accounting Department, has reviewed the information contained in this Executive Summary and the corresponding attachments. FISCAL IMPACT: The total cost associated with this executive summary is $156,900. These funds are available in the FY06 Capital Budget approved by the Board of County Commissioners on September 27,2005. Funding source is 414, Wastewater User Fees. GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order CHM-FT-3291-06-02 in the amount not to exceed $46,900 to provide Construction Engineering Inspection services for bleach construction project to serve the North County Water Reclamation Facility (NCWRF) to CH2M Hill, Inc. 2. Award Work Order UC-195 in the amount not to exceed $110,000 to provide Construction services for the bleach construction project Agenda Item No. 16C10 March 28, 2006 Page 3 of 15 to serve the North County Water Reclamation Facility (NCWRF) to Mitchell and Stark, Inc. 3. Approve the necessary Budget Amendments in the amount of$156,900. 4. Authorize the County Manager or his designee to execute the approved work orders. PREPARED BY: Richard Cannyn, PMP, E.I.T. Project Manager, Public Utilities Engineering Department. ,- Item Number: Item Summary: Meeting Date: Agenda Item No. 16C 1 0 March 28, 2006 Page 4 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C10 Recomrnendation to award construction Work Order UC-195 under fixed term Underground Utilities Contract 04.3535 to Mitchell and Stark, Inc in the arnount of $110,000 for the removal of the emergency storage bleach facility. and to award Work Order CHM.FT-3291- 06-02 under Fixed Term Engineering SerJices Contract 01-3291 to CH2M HILL, Inc. In an amount of $46,900 for Time and Materials to provide Construction Engineering Inspection services to serve the North County Water Reclamation Facility (NCWRF). and approve the necessary Budget Amendments in the amounl of $156.900, Project Number 73966 3/28/20069:0000 AM Date Prepared By Richard Cannyn Public Utilities Project ManagGr Public Utilities Engineering 2/24/2006 3:48:07 PM Date Approved By Dale R. Waller Public Utilities Treatment Plant Superintendent WasteWater 2J27/2006 10:33 AM Date Approved By Jon Pratt Public Utilities Treatment Plant Superintendent WasteWater 3J2/2006 8:11 AM Date Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering 3/9i2006 10:23 AM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 3110r2006 10:00 AM Date Approved By Roy B. Andp-rson, P.E. Public Utilities Public Utiliti~s Engineering Director Public Utilities Engineering 3/13/20066:37 AM Date Approved By G. George Yilmaz Public Utilities Interim WasteWater Director WasteWater 3113/20061;13 PM Date Approved By Kelsey Ward Administrative Services Senior Purchasing and Contracts Agent Purchasing 3/13f2006 3:02 PM Date Approved By Lyn Wood Administrative Services Purchasing Agent Purchasing 3J14r2006 1:34 PM Date Approved By Gwen Walker Public Utilities Executive Secretary Public Utilities Admin 3115!2006 4:06 PM Date Approved By James W, Delany Public Utilities Public Utilities Administrator Public Utilities Administration 3/15/2006 4:09 PM Date Approved By OM8 Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 3/16/2006 8:19 AM Date Approved By Michael Smykowski County Manager's OffiC6 Management & Budget Director Office of Management & Budget 3/17/2006 4:D5 PM Date Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office 3120/20069:13 AM Agenda Item No. 16C 10 March 28, 2006 Page 5 of 1 5 WORK ORDER # CHM-FT-06-02 Agreement for Fixed Term Professional Construction Engineering Inspection Services Dated March 26, 2002 (Contract #01-3291) CH2M HILL (CONSULTANT) was tasked by Collier County (COUNTY) to perform Construction Engineering Inspection Services for the construction of the bleach system reliability upgrades located at the North County Water Reclamation Facility. The proposed services include: Field: Office: Field inspection of the proposed construction Office support, project files maintenance and billings/invoicing CH2M HILL will base its inspection on the separate plans prepared by Hazen and Sawyer The work is specified in the CH2M HILL proposal 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 # CHM-FT -06-02 is assigned to CH2M HILL. The objective of this memo is to document the required services that CH2M HILL will need to perform, to successfully complete CEI Services for the bleach system reliability upgrades at the North County Water Reclamation Facility Scope of Work: TASK A: Field Inspection Services - North WRF TASK B: Office Support - North WRF TASK C: Management/Coordination - North WRF TASK D: Filing/Invoicing/Billing - North WRF Schedule of Work: Complete work within 120 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and materials amounts provided in the schedule below Task A: $28,000.00 Task B: $10,500.00 TaskC: $ 5,100.00 Task D: $ 2,300.00 Reimbursable $ 1000.00 TOTAL FEE $46,900.00 Agenda Item No. 16C10 March 28, 2006 Page 6 of 15 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: Richard Cannyn, PUED, Project Manager Date APPROVED BY: James W. DeLony, P.E., Public Utilities Administrator Date Approved as to Form and Legal Sufficiency: ACCEPTED BY: Assistant County Attorney Witnesses (2) Date: By: Bill Beddows, Client Officer CH2M Hill, Inc. Fund: 414 cc: OIL Account:631400 Type or Print Name and Title Proj ect N urn ber: 73966 Agenda Item No. 16C10 March 28, 2006 Page 7 of 15 SCOPE OF SERVICES GENERAL CEI SERVICES CONTRACT TASK NO. X NORTH COUNTY WATER RECLAMATION FACILITY NORTH BLEACH FACILITY IMPROVEMENTS COLLIER COUNTY I. BACKGROUNIO CH2M HILL (CONSUl, TANT) was tasked by Collier County (COUNTY) to perform Construction El1gineering Inspection Services for the construction of tbe North Bleach Fac.ility Improvements located a.t the North County Water Reclamation Facility. The proposed services include: Field: Field inspection of the proposed construction Office: Office :support, project files maintenance and general correspondence CH2M HILL will base ilts inspection on the separate plans prepared by Hole Montes. COlnty will provide to Consultant all data in County's possession relating to Consultant's service~; on the PROJECT. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by County. II. OBJECTIVE The objective of this scope of services is to document the required services that CH2M HILL will need to perfonll, to successfully complete CEI Services for the improvements to the ~[orth County Water Rcclamalion Facility - ~orth Bleach Facility. III. REQUIRED SERVICES For this task CH2M HILL will be providing the following services: A. Field Iosoectiolll Services - Nortb Countv WRF - A Senior Inspector will be pro-tided to oversee the Con:;tructlon of the North Bleach Facility Improvements at the North COlmty Water Reclamation Facility. Construction is scheduled for 120 days. Thc senior ill~~pcctor has been budgetl~d part-time for a total of approximately 400 hours to observe aneL document the construction activities. If the level of effort required to complete the work exceeds the 400 hours budgeted for this portion of the work additional hours andfc~e will bc added through a supplemental agreement. The following activities will be perf,mned under this task: a Administer the Contract such that the project is constru.cted in cOllfonnity with the plans, specifications, and Contract provisions. - 1 - Agenda Item No. 16C10 March 28, 2006 Page 8 of 15 b. Observe the Contractor during various operations to verify the materials and methods used by the Contractor confonn to the specifications of the Constrllction Contract:, and notes on the plans. c. Provide sl:mces to monitor the CONTRACTOR's construction operations and to inspect mllterials entering into the work as required to verify that the qualit:r of workmanship and materials is such that the projects will be completed in confOrma1JCe with the plans, specifications and other contract provisions. The County will provide all material testing services required to verify material compliam:e with the specifications. d. Keep detailed, accurate records of the CONTRACTOR daily operations and significant events that affect the work. CONSULTANT will maintain a daily report submitted weekly to the project manager, which will include a photc, log of iliat week's activity. CONSULTANT will also conduct a weekly A~-Built review of contractor drawings. e. Advise tbe COUNTY of any omissions, substitutions, defects, and deficiercics noted in the work of the CONTRACTOR and the corrective action taken. Worle provided by the CONSULTANT shall not relieve the CONTRACTOR of responsibility for the satisfactory performance of the Construction ContracL f. Observe materials sampling and materials testing procedures performed b)' others. CONSlIT.TANT will review lab results for tested materials and will report ;my discrepancies to COUNTY as appropriate, g. CONStn. T ANT will be obligated to attend all progress meetings and all S ;lfety and coordination meetings. h. Record dra'Wings will not be required as part of this agreement. B. Office SUDPort.- North CountyWRF - CONSULTANT will be made available ':0 respond to field :requests for information and provide el1gineering support if requested. A total of 140 hoUJr's have been budgeted for this portion of the work. If the level of ()ffort to respond to requests for information exceeds this estimated hours an amendment will be prepared to auth,)rize additional fee. C. Manaeement/Coordination - North CountvWRF - CONSULTANT will be mllde available to coordinate construction issues, review payment requests and provide rnanagcmentldi:rection when required. A total of 80 hours have been budgeted for this portion ofthe work. D- FiJin2lCorresp,rmdence - North CountyWRF - CONSULTANT will be made available to handle project files and general correspondence. A total of 40 bours have been budgeted for thi~; portion of the work. IV. SCHEDULE It is anticipated that the construction contract will be 120 calendar days. The Senior Inspl~ctor will be physically on site as needed to provide observation of the operations during the UO .2- Agenda Item No. 16C10 March 28. 2006 Page 9 of 15 calendar day constructiorl contract in an amount not to exceed eight (8) hours per working CLay (Monday through Friday) during the defined construction period. Should the on-site observation activities require more thiID 8 bours duration on average, or the estimated 660 total bours f,)r this work is exceeded, a new ,~hange order will be negotiated. v. ENGINEER'S COMPENSATION For Task A through D the COUN"TY will compensate the CONSUlTANT a Time and Materials fee not to exceed $46,900.00 Personnel at Construcdon Site The presence or duties of CONSULTANT's personnel at a construction site, whether as Oll!;ite representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to COUNTY andlor the constrUction conraetors or other entities, and do not relieve the construction contractors or any other entity of theit obligations, duties, and rl~sponsjbi1ities, including, but not limited to, all constrUction methods, means, techniques, seqUl::nces, and procedures necessary for coordina.ting and completing 211 portions of the construction work in accordance with the construction Contract Document> and any health or safety prec;l.utions required by such construction work. CONSULTANT and CONSULTANT's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their worl~ or any health or safety pree autions. The presence of CONSFL T ANT's personnel at a construction site is for the purpose of providing to COUNTY a greater dr.grec of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reLected in the construction documentS has been implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the performance of the construction contractor(s) nor asswncs responsibility for construction contra.ctor's failure to perform w,)rk in accordance with the COl1.1>truction documents. In providing opinions of cost, financial analyses, economk feasibility projections, and schedules for tbe PROJECT, ENGINEER has no control over cost or price o flab or and materials; U:lIrnoVim or latent conditions of existing equipment or structures that may affect operation or maint~nance costs; competitive bidding procedures and market conditions; time or quality of perforrnalce by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes 10 warranty that OWNER'~; actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary lltom ENGINEER's opinions, analyses, projec!i~:,:s, or estimates - 3- CHO L.() .,.- 0"'- ~O_ 'lO -0 ).,.- ,'-I Z.l::(I) 00> E'-co (I) coo... :=::;::: CO "0 C (I) 0> <( ......-- <:> .0 C> <:> 0 <:> <:> <:! 0::. Q, <:> ~ <:! '=! d 15~ c::i <:> 0 <:> ~ <:> 0::. 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Cll '0 ~ ... ,;E 01 I~ 0 II) ;z:, .c:- .l:I It'lli ',e- j c ~ I~ . . ::l .c:- ,,x. c C 0 ~L .1 ::J ::l 0 s:: ,.0 'C1 .., 0 0 ::I e ':0::1' ... 0 (.) ~ 0 'a; ~ .c 1: 0 '.lJC '.J:: 0 a: tII' e ~ 1:: Z .: .cD' 8 0 0 1:: 1;", 2: I CI . . z 8 :z ; l:l:: \II . ~ 3 :n 1:: ::=I . .~ <> CI "' B .~ 8- t: C If.I E III W Q) ::I 'C en !fg CI t:: () C 0 CI ~ 0 III g a- n Cll III '>> .E c ~ Iii Cll CIl III (,!J a- s:: E CI ill UJ 1Il 5:l .5 B CIl E III 't) c d> E ro u:: u: 0 ::; 'v_V'" - - - -- .- . - ~! a:J 0 0 I i I ; I i )i . i , \/I ~ .. -2 W to) c: o .. c: .. ~ W N .s::. u :t iii lL ~ t..'l Z Of 01 <II ~ :::~ "-0 ....I:::! ...~ N~ WORK ORDER tLUC-195 Agreement for Underground Utility Services Contract #04-3535, Dated June 8, 2004 Agenda Item No. 16C 10 March 28, 2006 Page 11 of 15 This Work Order is for Underground Utility services for work known as: Project: NCWRF Bleach System Reliability Upgrades The work is specified in the proposal dated March 3, 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 IIUC-195 is assigned to Mitchell and Stark. Scope of Work: See Attached Request for Quote. Schedule of Work: Complete work within 60 Days from receipt of the Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material and lump sum amounts indicated (if a task is time and material, use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). See Attached Request for Quote Bid Schedule. 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: Richard Cannyn, PUED, Project Manager Date APPROVED BY: James W. DeLony, P.E., Public Utilities Administrator Date Approved as to Form and Legal Sufficiency: ACCEPTED BY Assistant County Attorney Witnesses (2) Date: By Mike Westhafer, Client Officer Mitchell and Stark, Inc Fund 414 cc G/L Account:63140Q Project Number:73966 03/03/2005 09:10 12395557855 MITCHELLSTARK Mitchel~ & Stark Construction Company, 6001 Shir1ey S~eet, Naples, F~orida 34109 To: Attn: @Fax: From: Date: Pages: Collier County Purchasing Department Mr. Jack Curran 239-530-6596 Mike Westhafer 3/3/06 3 Re: Quotation for Contract #04-3535 NCWRF North Bleach Facility Improvements, Phase 1 Dear Mr. Curran: Agenda Item t::J.Q_16Cj.o Marcn~ 20!j6/03 Page 12 of 15 Inc. Attached is our cost proposal for the referenced work. We appreciate the opportunity to provide this quotation and look forward to working with you. Thanks, Mike Westhafer Mitchell & Stark Constnlction Company, Inc. ph. 941-597-2165 x26 fax 941-566-7865 ~~/~3/2005 09:10 12395557855 MITCHELLSTARK Agenda Item No. 16C10 March~f200~2/03 Page 13 of 15 COLLIER COUNTY FLORIDA REQUEST FOR QUOTA nON # 00-0000 PROPOSAL PAGE DUE DATE: March 3m, 2006 au 4:00PM TIle undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ~yJ day of ilta.~ .' 2006 in the County of ~tl.~ , in the state of F-ls.-..Ja.. M.Lfvk.d~ ~'(~k {"v.$~. (~. . {"'~. Firm's omplcte Legal Name I Phone No. Z"3'1 ~ 5'"'11 - '2.1 b-5 FAX No. 2:S'Q - S--L-G, - 1'& &,)' Email: ~1!.st.t.dL-~..3h-k.CA.- &,001 '7k-vf~r 5f, Address j1...J~k~. A- S7'1og. City, State, Zip BY~Jt.r 11- Signa re~ 4 ~j/~JIL005 09:10 12395557855 MITCHELLSTARK Agenda Item No. 16C 1 0 March ~200~3/03 Page 14 of 15 Bid Schedule Bid Item and Description Unit Number Cost I Units 1 MobilizationIDemo bi lizati on LS ,0, 9L;y} !2;> 2 Removal and Reinstallation L5 1 . of Roof (O~ ~ 3 Demolition of Tanks, piping, LS 1 I and concrete ZO Ct!Jl.l ~ , 4 Installation and Testing of LS 1 ~ prc-J)urchase tanks 11. '?()O 5 Modifying piping & Piping LS 1 Testing "ZD ClOo!.o "'-:- I 6 Disassemble existing LS 1 temporary tanks and piping, .e ~, <<50(> - and disposal of pipin.g 7 Clean and load tanks on LS 1 7~9.? truck l 8 $12,000 Contingency Fund EA 1 $12,000.00 for Unforeseen Conditions for Roofing Repairs 9 $8,000 Contingency Fund $8,000,00 for Unforeseen Conditions for Piping Repairs Total Cost II 0 oQ:::>.!5' -, C:\D"",lmcnts tmd Scttings\Rich3rdC~nnyn\Lo~al SClungs\Tcmporary Internel filC$\OLK1A\8id Schcdlllc.doc 0(01.{) .".-0.".- 00,,- (ONO ""-001.{) ciN""- Z,....(j) - 0) Et:ro (j)roo... =:::2: ro "0 c (j) 0) <( CD i-.'F CD L"t ~I.':'\'; CO) o~11 ~ . _.: z I'~,,! I. ,.,~ '0 1'.0{S <5 'So ....... ,.. - " '! o:.':;i a ~I ~ ::; ~I" ~ > ..... res - Co res U .... L- a 'Ot L- a I, CO) L- . ~ a o U~.' ",.'.~ NI , ~ a 'Ot L- a CO) L- a N L- a - ." I-- ~I :g ~I > ..... I- >- - CJ res u.. J:: CJ res Q) m u.. 0:: 3: u z 'Ot o 'litO ON > ... Q) E res z - CJ Q) '0' ... a.. L- a'Ot .... L- a ~I CO) L- a N L- a .... L- a - III o U I- Z W > W .... i"." "-,, k ". ".. .. ,.". ..._... ~ z <:> <:> <:> iii M ... ... eCl o c :e 'c .~ 0 ::sN C'CIl u Ul c( ::s "0"0 c c III III ..J..J ~OI .- c E .- ~ 5 g CIl "0 .- Cl.UltJ .......CIl::s c u ~ 01.- .... .- > Ul Ul ~ C CIl CIl 0 Cllllu <:> <:> <:> N "" ... ... ... c o :w u ::s ~ .... Ul C o u I'"~ I i ~ <:> <:> <:> c:i <:> <:> M ... c o :w u CIl c. Ul C I-l CIl .... in .... u CIl .... o ~ Cl. ........ C CIl CIl CI 1:"0 ::s ::s Ua:l Agenda Item No. 16C11 March 28,2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to authorize the purchase of sole-source equipment, for specific rehabilitation projects for the North County Water Reclamation Facility Rehabilitation, Project 725321 in the amount not to exceed of $281,000. OBJECTIVE: The public purpose is to maintain critical equipment to sustain continuous operation at the North County Water Reclamation Facility by replacing 3 bar screens that have deteriorated and are in urgent need of replacement. CONSIDERATION: Several items of critical equipment at the North County Water Reclamation Facility (NCWRF) are almost 20 years old and are original to this facility. The approved reliability and rehabilitation program is for the replacement of these much-needed pieces of equipment. This request is for the approval for the purchase of the equipment for the replacement of 3 deteriorated bar screens. County to purchase equipment from Parkson Corporation, the original equipment manufacturer and sole-source equipment provider, for $281,000 including freight for the 3 units. The sole source letter and the Parkson Corporation quote for the needed equipment are attached to this Executive Summary. Using bar screens from the same manufacturer as the existing equipment will streamline the equipment installation and integration into the existing system, while minimizing operational difficulties. No additional staff training is required for operation, troubleshooting and repairs. .....-.." For comparison, staff has evaluated the cost and logistics of repairing the bar screens (in-place and also by shipping to a repair facility) versus replacing with new. It was determined that replacing the bar screens with new equipment was more economical due to minimized plant equipment downtime and reduced labor costs. By direct purchasing 3 bar screens the County will be saving in excess of $50,000 on the cost of purchasing due to the economics of purchasing 3 bar screens instead of 1, as well as $20,000 by avoiding redesign fees, plus a savings of approximately $30,000 on the installation cost by doing 3 bar screens instead of one at a time for a total savings of $100,000. Hazen & Sawyer Engineering is performing the engineering services under work order number HS- FT -3785-06-07 under the Fixed Term Utility Engineering Service contract 05-3785. Due to lead time of 16 weeks for the fabrication of the bar screens and the importance of the project, Hazen and Sawyer Engineering has been working closely with Parkson Corporation and NCWRF operations staff in the design of the replacement bar screens. Installation ofthe bar screens will be done under County's fixed term Underground Utility Contracting Services RFP 04-3535. The construction contractor will be selected once all the engineering has been completed within the 16 weeks lead time for the fabrication of the bar screens. These projects are consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 C. The Clerk of Courts, Finance Department, has reviewed the information contained in this Executive Summary. _. Executive Summary NCWRF Rehabilitation, Project No. 72532] Page Two Agenda Item No. 16C 11 March 28, 2006 Page 2 of 8 FISCAL IMPACT: Funds in the amount of$28],000 are available in Project 725321 for the specified tasks. The source of all funds is the Wastewater User Fee Fund 4] 4. The budget is consistent with the Wastewater Capital Budget funds for FY05 as approved by the Board on September 23,2004. GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: Waive formal competition in accordance with purchasing policy V(C) and approve the purchase of three (3) bar screens including freight cost from Parkson Corporation for an amount not to exceed $28] ,000. PREP ARED BY: Vaughn G. Williams, Sr. Project Manager, Public Utilities Engineering. .<""".- Item Number: Item Summary: Meeting Date: Agenda Item No. 16C11 March 28, 2006 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C11 Recommendation to authorize the purchase of solew50urce equipment, for specific rehabilitation projects in the amount not to exceed of $281,000 for the Nortt1 County Water Reclamation Facility Rehabilitation Project 725321, 31281200690000 AM Senior Project Manager Date Prepared By Vaughn Williams, PE Public Utilities Public Utilities Engineering 21241200610:08:04 AM Treatment Plant Superintendent Date Approved By Dale R. Waller Public Utilities WasteWater 21271200610:31 AM Purchasing Agent Date Approved By Jack P. Curran Administrative Services Purchasing 311120061:41 PM Mike Hauer Acquisition Manager Date Approved By Administrative Services Purchasing 3/112D06 1 :57 PM G. George Yilmaz Interim WasteWater Director Date Approved By Public Utilities WasteWater 31212006 7:06 AM Approved B}' Jon Pratt Public Utilities Treatment Plant Superintendent Date WasteWater 312120068:11 AM Operations Director Date Approved By Thomas Wides Public Utilities Public Utilities Operations 3121200610:51 AM Senior Project Manager Date Approved By KartmB. Gullani, P.E. Public Utilities Public Utilities Engineering 3/2/2006 12:51 PM Purchasing/General Svcs Director Date Approved By Steve Carnell Administrative Services Purchasing 3/212006 2:00 PM Roy B. Ander$on. P.E. Public Utilities Engineering Director Date Appro,,'ed By PUblic. Utilities Public Utilities Engineering 31212006 4:20 PM Approved By James W, Delany Public Utilities Public Utilities Administrator Date Public Utilities Administration 3113/200611:36AM Deputy County Manager Date Approved By Leo E. Ochs, Jr. Board of Coun1Y Commissioners County Manager's Office 312212006 1 :32 PM Agenda Item No. 16C11 March 28, 2006 Page 4 of 8 i:" PARKSON CORPORATION ... the environmental technology company February 23, 2006 Vaughn Williams Collier County Public Utilities 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Reference: Step Screens and Compactors North County VVWTP Dear Mr. Williams: Parkson Corp is the manufacturer of the newest bar screen (RotoScreen @) and compactor, installed at the plants head works. This unit has been in service since 2003. The three new proposed screens are an exact duplicate of this operating screen and will be designed to work as a total system. This system will be designed and installed to provide increased hydraulic capacity, remove more debris from the influent wastewater, to effectively achieve compaction of these screenings, reducing odors by removing water and reduce disposal costs. Because the new screens will be identical to the existing screen, all the hydraulics will be the same so that no special channels or splitters will be required. The new equipment would share the same spare parts and control logic as the existing unit. Operation and maintenance personnel already operate this equipment and would not have to learn another system or how to balance two different systems. Parkson Corp is the sole source manufacturer and distributor of the above mentioned bar screens and compactors. If you have any questions please do not hesitate to call me or Jim Wahl of The Mack Company, Parkson's exclusive sales agent in your area. Very truly yours, PARKSON CORPORATION Russell Cook Director, Domestic Sales cc: Jim Wahl, The Mack Company PARKSON FLORIDA (CORPORATE) 2727 NW 62ND STREET FORT LAUDERDALE FL 33309-1721 P.O. Box 408399 FORT LAUDERDALE FL 33340-8399 P 954.974.6610 F 954.974.6182 PARK50N IU.lNOIS 847.816.3700 PARKSON MICHIGAN 616.791.9100 PARK50N CANADA 514.636.4618 PARK.SON DO BRASIL LTDA. 55.11.4195.5084 WW\V.PARK.<;ON.COM An Axel Johnson Ine. Company An Equal Opportunity Employer ..-<.oco ...-0_ (..:..0 0 JL.(") Ja.> u ,'>I OJ z..cctl ()CL E"- a.>ctl =:=:2: ctl "0 C a.> OJ <1:: HI PH . ~I I i II l! I ill ~ Lii!J @ '!. I!! !I !~ a. ~ ft.:.c! ~ ; :;1 H i Iii Ii! I Ii i ~ 11; il i~ ; i~ e @ @@ I :i I !!I I ~ gll ; I II' i UJ : ii~; I . i ~:I I ~ I aa i i I!i d .. ,.: lIS IQ i b i II ~ I\! I iii ~ il ;i : I~,., ~ iil il 111 I as ~ ~ II i: ~ II .;1 m I ~I tal i i ~..: 01 oj ~ ~ >rm !i !i} ... I!l - ~ I ~ i i I i t:: z ::l u... o ! a.. '" z ~ ::l o :::E Cl :f ~ ~ I~ I; I I '" z ~ Cl D:: o u... N u... o N l:;j I..&J ::I: (f) g D:: ~ I..&J D:: I I I r I >>.1: I pla'l I 'I,~ni I n!~f!l I I I mIlt ~ 111:11' f:: ~!I.I ~ . it ~ liI!1 o '''Iij u If ~ I!al~ ~ ~Jlfl ~ nil~1 n .... ,_.~...._.. I i ..... <.0 co I .....0"- ; OOD ili tONc.o i ..- - CO(!) ciNO) ~ ZLro ~ uo.... ~ Ii ~ Ern ~~ .. I @l I; ro - Ii I "0 i wi e =11 (!) 0) 12 ~ <C I 61 ~'i ~ I i ~ ~ ~ ~ :l toe Iq . l:l C .... l:l l:l l:l ~ i I:: z ;:) ... I; ... n 2~ i ! ~ I I ~ I .. .. ~ I I I i- i' ~ i i ill ~ ~ ~ 1;. ~ II! i I . II ~ ~ ! :3 I~ I~ I I I , I ~II~ ! II :!~tl! I ~ '11~11.t I 11i ~ I f!!1~!11 ='--l '. 11!lil1I i ~ 1J1:11' I ~ !ij!lll ;;;i .. i' ~ liI!1 o 1.5111 U 'f ~ I!~I~ < ...Jle ~ n~~1 Agenda Item No. 16C11 March 28, 2006 Page 7 of 8 ... '" "" ,.. I I 1"1"1 Ir: ~ I~I ~i ~ i i 18 Iii i; ~II Ii R ell ~ I~ ill ~: I ; I J i.i I ~ 1:I ; ~i ~ ! ~ I LJL~ ~ Ii ~;l -,=- ~ 8 I e :"" pi pi ! Irl i I! ! ~1Il I I! i I!. ! ~ - I_ Si ~ mil ! ~~ ~ ~I; H I in I III ~ @@)@l@e ~ ~ I I a !i !i ~ ~ m I i I ~ I I i I i !!::I ~ ~ !i !i : : ! ! ~ ~ II [ I .. t I (I I I l I I I t~~. III III I I I I z ! I I 0 .. ~ ~ t t r I il' I . r ~ I l!!1I ;1 Ii ~i l':,.. ~ I ell ~I i l :A ~ J _ I I 1:I I I ~ I + ~ = ~ 1 I ;i " 1- + ! >+! I + ~ I i ~ ,i I ~ I I ~L.I i 1 I I t I t i I .. I I p ~ { ~ ~~ !~ :x:~ "U '" III I Iii ! i~i i Ii II II illl c: z =I Ii S ! 'i2 .;. II! i:l I a:: I ll.. ~!~ .. .- c.o co i~~ I .-0_ 000 ~ ~ c.oNCO } .- CO- <D 1 'N OJ o CCI Z{3o.. i E ro ~2 I I CCI a I 'D C { <D ~i OJ <( l I I ! I ~ I J~ I; Ira " ~ 8 i~ I i~ ~li ~ s~ k lil. i , Ji :Ii. ) ) ~ v i .. I f is!!!ilt. I I I ~ ~'~~l i! i ~ I r.w~t o l!tlW I ill ~ 1'111' I I o tn) : ~ f 1'~l!fl f I i <: tr I Cl. .111;it , I ! tC ..Il .. I ~e" Agenda Item No. 16C12 March 28, 2006 Page 1 of 11 Executive Summary Recommendation to award Work Order CAE-FT-3785-06-02 with Carollo Engineers, P.C. for professional engineering services for High Pressure Reverse Osmosis Demonstration Scale Testing at the North County Regional Water Treatment Plant (NCRWTP) in the amount of $264,900, Project Number 70094. OBJECTIVE: The public purpose is to provide further improved system reliability at the NCRWTP by performing a demonstration scale testing of High Pressure Reverse Osmosis (HPRO) equipment for the treatment of high salinity water. This test will reveal if the treatment of high salinity water from four existing wells is economical. The goal is to modity the NCR WTP to effectively treat this saline water and regain total use of available raw water supplies in order to meet the County's finished water demands. ,~."......, CONSIDERATION: On May 25, 2004, as Agenda item 10 (D), the Board of County Commissioners (the "Board") adopted the 2003 Water Master Plan Update, which identified requirements for the development of reliability wells. In an effort to improve system reliability, Collier County Public Utilities seeks to add HPRO to the NCRWTP and treat water from wells RO-] N through RO-4N, which have experienced an increase in salinity. Each of these wells has a design production rate of ] 000 gpm. The existing NCRWTP treatment equipment, Low Pressure RO and Nanofiltration, is not designed to treat this higher salinity water and wells RO-] N through RO-4N have largely been unused since 2002. It is believed that the pumping and treatment of the degraded water in these wells will protect the remaining well fields from similar degradation. Total Dissolved Solids (TDS) is anticipated to range from ]3,000 mg/L in well RO-]N to approximately 25,000 mg/L in wells RO-2N and RO-3N. Two (2), I-MOD HPRO trains are planned and will be located in the existing NCRWTP Nanofiltration (NF)/Brackish Water Reverse Osmosis (BWRO) Building. Electrical motor controls will be fed from the existing transformer and switchgear (currently being upgraded), but are planned to be located in a new structure. Other ancillary facilities will also require upgrades, such as the degasifiers and chemical storage/feed systems. Staff has negotiated scope and fees that are fair, reasonable, and commensurate with engineering services as outlined in the Annual Fixed Term Contract #05-3785. During FY2007, Board approval will be requested for the design and construction services of two (2), I-MOD HPRO trains with construction beginning in FY08. The Purchasing Department and the Clerk of Courts Finance Department has reviewed the information contained in this Executive Summary and the corresponding attachments. ".~" FISCAL IMP ACT: Funding is available in and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations are identified in the User Fee Fund (412) NCRWTP Process Modifications, Project No. 700941. Agenda Item No. 16C12 March 28, 2006 Page 2 of 11 GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Award Work Order CAE-FT-3785-06-02 to Carollo Engineers, P.c., ill the amount of $264,900. 2. Authorize the County Manager or his designee to execute the approved Work Order after approval by the County Attorney's office. PREP ARED BY: Howard Brogdon, Project Manager, Public Utilities Engineering Department .,...-" Item Number: Item Summary: Meeting Date: Agenda Item No. 16C12 March 28, 2006 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C12 Recommendation ,0 award Work Order CAE~FT ~3785-06-02 with Carollo Engineers. P,C. for professional engineering services for High Pressure Reverse Osmosis Demonstration Scale Testing at the North County Regional Water Treatment Plant (NCR~'\ITP) in the amount of $264,900, Project Number 70094 3/28/2006 90000 AM Laboratory Supervisor Date Prepared By Howard Brogdon Public Utilities Water 21241200611 :11 :14 AM Paul Mattausch Water Director Date Approved By Public Utilities Water 311/2006 ~:14 PM Approved By Karen B. Guliani, P.E. Public Utilities Senior Project Manager Date Public Utilities Engineering 3/21200612:52 PM Public Utilities Enginee-ring Director Date Approved By Roy B. Anderson. P .E. Public Utilities Public Utilities Engineering 3{212006 5:02 PM Operations Director Date Approved By Thomas Wides Public Utilities Public Utilities Operations 3/812006 11 :34 AM Senior Purchasing and Contracts Agent Date Approved By Kelsey Ward Administrative Services Purchasing 3113'20061;35 PM Lyn Wood Purchasing Agent Date Approved By Administrative Services Purchasing 3/13/2006 1 :38 PM Approl-'cd By James W. DeLony Public Utilities Public Utilities Administrator Date Public Utilities Administration 3/15/20068:27 AM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office .of Management & Budget 3/15/200612:13 PM Approved By Management & Budget Director Date Michael Smykowski County Manager's Office Office of ManDgement & Budget 3/20/2006 5:02 PM Leo E. Ochs, Jr. Deputy County Manager Date Approved By Board of County Commissioners County Manager's Office 3/20/20065:38 PM N c.o or- ...... 0 or- <.)0_ c.oNO ..- a5 ~ ON (!) Z.c1? E~Cl... (!)ro ==:::2: ro "0 C (!) OJ <C 'It 0) o o l"- e z - C.) ell '0' ... c.. .. ~I l:; re I >- .... "" - III ell I- ell ni C.) en o 0::: c.. :J: N o . <0 o . 1.0 co ?"- M . I- u. I W <( U ~I ~ rei >- ..... ... ell "'C ... o .:.:: ... o 3: Qj E ns z - C.) ell '0' ... c.. - ~I rei - III o U ..... z w > w "! 5 M ... 5 N ... 5 ..... ... 5 gl , .. M ... 5 N ... 5 "..... ..... ... 5 "! 5 M ... 5 ~ I ..... ... 5 > "CI ::I..... ....0 lI)~ ~1Il .- ::I :: 0 .Q .- .- > III ell I'll ... ell eL u.. ..... J.. o o o o '" ...... ... o o en .; '" N ... eL ::I III .... .- eIl.c Ill.... ..... eno c _ __ :i:io ell > III ... > ~ ell I'll .- I'll ....u;E ~.cuE I'll .... ell U .- )( ::I lI)~Wll) "...." , , "CI o 'i: III ell .- eLf en..... c: III ,- ~ ....eIl..... ID ell E .... ~ ::I ~\OlI) I'll t'\I ell ~ ~ a1 - " o o o o o o o ...... ... .... ... o eL ell ... Q ell "....)( ~c:w I ell ell 'I"'IE... gftji! ;> ell ::I I-~:=' ell III ; ~.= E ;C1.E::I u..:J:l-lI) I'll c: u:: o o en .; ...... "" o ...... ... :; ::; ro .~ ':;; g> ~ N dI :::; I- ~ .~ ~ ~ ~~~5~ ~~~~~ 2 .~ ~ ~ Gi u.~oo:.c uJ .: :;:; - E ~g>~;::I U Qj C/) E Z Cii"igt;~ ~ .~ ~ ~ '~ ..:.::: In 0 ... a.. o ~ .~ .s o. =- e '" "' 0 =-c.O~'" "E'-~ro~~ ;.Eog~ ~ ~ ~ .~o .9 Q.. a; Cl: -:= g ~ ~ i:' ~ '.;:;~cr3E ~ .~ ~ 0 ra = 0') = U QJ Q)C~..r:.c E W IV -::: .... E .5! a: 0 8o.<::Z 2 ~ .~~ ~u:r::- I'll .... o I- 'C e ':; e- .. 0:: c: ~ u <( Agenda Item No. 16C12 March 28, 2006 Page 5 of 11 TASK ORDER COLLIER COUNTY GOVERNMENT UTILITIES (OWNER) AND CAROLLO ENGINEERS, A Professional Corporation This Task Order is issued by the OWNER and accepted by ENGINEER pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the day of ,20_, in connection with: HIGH PRESSURE REVERSE OSMOSIS DEMONSTRATION SCALE TESTING. (Project) PURPOSE: The purpose of this Task Order is to describe engineering services related to demonstration scale testing of High Pressure Reverse Osmosis (HPRO) equipment to treat water from Hawthorn well RO-3N. Demonstration scale testing shall consist of typical full-scale HPRO equipment, such 8- inch membrane elements, pumps and energy recovery. The purpose of using full-scale equipment is to make certain that the energy consumption demonstrated during this test is scaleable to the County's 1-MGD HPRO trains. BACKGROUND The North County Regional Water Treatment Plant (NCRWTP) treats water from the Tamiami and Hawthorn Aquifers using Nanofiltration (NF) and Brackish Water Reverse Osmosis (BWRO). Design production for these supplies are 12-MGD of NF capacity treating the Tamiami Aquifer and 8-MGD of BWRO treating the Hawthorn Aquifer. Raw water is pretreated with acid and scale inhibitor, then filtered through cartridge filters prior to the NF and BWRO trains. Permeate is combined and aerated to remove carbon dioxide and hydrogen sulfide before being discharged into a c1earwell where chlorine, fluoride and corrosion inhibitor are added. As water is transferred from the clear well to ground storage, ammonia and sodium hydroxide are added. NF and RO byproduct water is injected into one of two deep injection wells. The NCRWTP began treating the Tamiami Aquifer with NF in 1993. BWRO was added in 1998 to treat water from Hawthorn Aquifer wells RO-1 N through RO-11 N. However, wells RO-1 N through RO-4N, on the west end of the County's well field, were abandoned as chlorides rapidly increased from approximately 2,000 - 3,000 mg/L to between 6000 - 10,000 mg/L. The existing NCRWTP Brackish Water Reverse Osmosis (BWRO) trains were not designed to treat this higher salinity water and wells RO-1N through RO-4N have largely been unused since 2002 when Hawthorn Wells RO-12N through RO-17N were added. In an effort to improve system reliability, OWNER seeks to add HPRO to the NCRWTP and treat water from wells RO-1 N through RO-4N, which have experience increased salinity. Each of these wells have a design production rate of 1000 gpm. TDS is anticipated to range from 13,000 in well RO-1N to approximately 25,000 mg/L in wells RO-2N and RO-3N. Two, 1-MGD HPRO trains are planned and will be located in the existing NCRWTP NF/BWRO Building. Electrical motor controls C :\Documents and Settings\tseacord\Desktop\Pending Contracts \TO_CollierHPRO Pilot.doc Page 1 of 6 Agenda Item No. 16C 12 March 28, 2006 Page 6 of 11 will be fed from the existing transformer and switchgear (currently being upgraded), but are planned to be located in a new structure. Other ancillary facilities will also require upgrades, such as the degasifiers and chemical storage/feed systems. ENGINEER'S SERVICES TASK 1. PROJECT MANAGEMENT ENGINEER's Project Manager will provide management services which shall include preparation of invoices, progress reports, and directing staff and internal resources in such a manner so as to ensure the project milestones and deliverables are met as scheduled. Task 1 deliver abies by ENGINEER include: . Monthly Progress Reports · Monthly Invoices TASK 2. DEMONSTRATION TEST PROTOCOL ENGINEER develop a demonstration test protocol to be used by the project team (Le., OWNER's operations staff and ENGINEER) to provide guidelines for the equipment set-up, data collection (Le., type of data and frequency of monitoring), analytical methods, quality assurance, and testing duration. ENGINEER shall provide a draft and final copy of the demonstration test protocol for the OWNER's staff to review. OWNER shall provide comments back to the ENGINEER within 2 weeks following receipt of the draft copy. Information provided by OWNER includes: · Availability of utilities and connection requirements to support the following: o Up to 150 gpm well flow, o Up to 150 gpm waste (Le., permeate and byproduct) water disposal, and o 480VAC, 150A, 3 Phase electrical service. · Comments on draft final protocol Task 2 deliverables by ENGINEER include: · Draft Demonstration Test Protocol o Demonstration Equipment Design Criteria and Set-up . Raw water source, . Type of membranes, . Flux rate, recovery rate, etc. o Data Collection Location and Frequency . Hydraulic data (e.g., pressure, flow) · Water quality data (e.g., conductivity, pH, hardness, TDS, etc.) o Analytical Methods o Quality Assurance Procedures o Testing schedule . Final Demonstration Test Protocol TASK 3. DEMONSTRATION TEST EQUIPMENT ENGINEER shall provide demonstration scale HPRO equipment, available to the OWNER for 6- months. The demonstration scale equipment is packaged inside a standard shipping container (45- C:\Documents and Settings\tseacordlDesktop\Pending Contracts\TO_CollierHPRO Pilot.doc Page 2 of 6 Agenda Item No. 16C12 March 28, 2006 Page 7 of 11 ft (L) x 8-ft (W) x 9.5-ft (H)) which weighs 22,000 Ibs. ENGINEER shall coordinate and ship the demonstration scale equipment to and from the NCRWTP site. Shipping requires a special "low- boy stretch" trailer and associated shipping permits. Receipt of the equipment and placement of the equipment at the NCRWTP will require a crane service and shall be responsibility of the OWNER. Placement of the equipment shall include a temporary pad (e.g., railroad ties, foundation, etc.) where the trailer can be set. ENGINEER shall provide insurance for the equipment throughout the duration of the shipment and study. OWNER shall also provide crane service for loading the trailer back onto a trailer for return shipment. ENGINEER shall provide appropriate materials for testing the demonstration scale equipment, including membranes, cartridge filters, chemicals, and maintenance materials. Materials for maintenance may include spare parts, motor oil, etc. Any maintenance required of the equipment shall be performed by ENGINEER. OWNER shall provide water supply and disposal piping and electrical service to the demonstration scale equipment container. All piping and electrical work within the container is the responsibility of the ENGINEER. ENGINEER shall provide support to the OWNER's staff during the initial set-up of the pilot equipment. Any subcontractors hired by ENGINEER, such as the demonstration scale HPRO equipment owner, shall be required to submit their names, social security number and a photocopy of an official photo identification card to the OWNER fourteen (14) days prior to any scheduled visit. An original copy of the photo identification card must be presented to the OWNER upon gaining access to the NCRWTP. OWNER reserves the right to refuse entry to the NCRWTP without giving reason, but shall do so seven (7) days prior to the visit. If during the course of the study modifications to the equipment (e.g., piping, instrumentation, etc.) are required, ENGINEER shall be notified and approve any such alterations. ENGINEER shall be responsible for restoring modified equipment to its original condition at the completion of the study. Services provided by OWNER: . Unloading and placement of demonstration scale equipment. . Water supply and disposal piping to and from the equipment. . Electrical service connection to equipment. . Utility costs (water supply, disposal, and electrical). . Loading equipment for return shipment to ADC. Deliverables by ENGINEER: . Demonstration scale HPRO equipment. . Shipment of equipment to and from the NCRWTP. . Insurance for equipment during shipment and while located at NCRWTP. . Maintenance of equipment including materials and spare parts. . Refurbishment of equipment to original condition, if modified. TASK 4. DEMONSTRATION TEST OPERATIONS The purpose of Task 4 is to: . Identify services provided by OWNER and ENGINEER related to the operation of the pilot test. . Identify services provided by ENGINEER related to the interpretation of pilot testing data. C:\Documenls and SellingS\lseacord\Desklop\Pending Conlracts\TO_CollierHPRO Pilol.doc Page 3 of 6 Agenda Item No. 16C 12 March 28, 2006 Page 8 of 11 OWNER shall provide daily operations support services for the demonstration testing program identified in Task 2. OWNER's staff shall manually record data from the demonstration scale equipment twice each day. OWNER shall transmit testing data to the ENGINEER twice weekly. OWNER shall conduct all laboratory analytical testing required by the study protocol. Field testing will be performed by the operator using kits provided by ENGINEER. During the course of the demonstration study, ENGINEER shall provide support with regard to pilot test data interpretation and issue weekly progress reports by email to the project team. ENGINEER shall conduct a progress meeting at the pilot site once every two weeks to discuss pilot operations with OWNER's staff and identify any additional materials required to complete the testing. At the end of the demonstration study, ENGINEER shall conduct a cleaning analysis and have one lead and one tail element sent off for autopsy. ENGINEER shall use OWNER's single element skid at the NCRWTP for the cleaning study. ENGINEER shall supply chemicals for the cleaning study. OWNER is responsible for waste disposal and disposal of extra chemicals that are not used. Services provided by OWNER includes: · Twice Daily Demonstration Scale Equipment Operations and Monitoring · Operation of water supply and disposal system · Twice weekly transmittal of pilot plant data · Analytical Services Related to Demonstration Test Monitoring · Disposal of cleaning study waste · Disposal of remaining cleaning chemicals Deliverables provided by ENGINEER includes: · Weekly updates (by email) of pilot plant operation to project team · Element autopsy · End of study cleaning investigation using OWNER's NCRWTP single element skid TASK 5. ENGINEERING REPORT & RECOMMENDATIONS ENGINEER shall prepare a draft final and final report summarizing the demonstration study data, and make recommendations regarding the design of the HPRO treatment process. OWNER shall review the draft report and provide comments within 2 weeks following receipt of the draft copy. Services provided by OWNER includes: · Comments on draft final demonstration study report Task 5 deliverables by ENGINEER include: · Draft final demonstration study report and recommendations · Final demonstration study report and recommendations TASK 6. MEETINGS ENGINEER shall attend the following meetings: · Kickoff meeting (Task 2): to present the draft demonstration study protocol. C :\Documents and Settings\tseacord\Desktop\Pending Contracts\TO_CollierHPRO Pilot.doc Page 4 of 6 Agenda Item No. 16C12 March 28, 2006 Page 9 of 11 . Progress Meetings (Task 4): On-site visits by ENGINEER to review demonstration operations. Based upon a pilot duration of 6 months, ENGINEER shall visit the site 12 times. . Draft Final Report Presentation: to present final recommendations and identify any follow up work that exceeds the scope of these services. TIME OF PERFORMANCE Pending the supply of OWNER furnished information and services, the deliverables for this project will be completed on the following schedule. Should the supply of OWNER furnished materials be delayed, the time of performance will be extended based upon the number of days the materials were late. This schedule of services assumes that a Notice to Proceed will be issued on April 3, 2006. . TASK 2 o Draft Demonstration Study Protocol 2 weeks following NTP o Kickoff Meeting/OWNER's Protocol Comments 3 weeks following NTP o Final Protocol 4 weeks following NTP . Task 3 o Equipment Set-up by OWNER . Task 4 o Twice weekly data transmittal by OWNER oBi-weekly Site Visits by ENGINEER o Weekly progress reports by ENGINEER . Task 5 o Draft Final Report o Draft Final Report Mtg/OWNER's Comments o Final Report 3 weeks following NTP starting 4 weeks following NTP starting 4 weeks following NTP starting 4 weeks following NTP 30 weeks following NTP (November 6, 2006) 31 weeks following NTP 32 weeks following NTP (November 20, 2006) PAYMENT The OWNER will be invoiced on a monthly basis per the conditions stated in Section 2 of the Agreement. Payment for the services described in this Task Order will be lump sum based upon a percentage of work completed by task with a Not-to-Exceed value of $264,900. ENGINEER's effort will not exceed this cost without prior authorization. Lump sum values by task are summarized as follows: TASK 1 PROJECT MANAGEMENT TASK 2 DEMONSTRATION TEST PROCOL TASK 3 DEMONSTRATION TEST EQUIPMENT TASK 4 DEMONSTRATION TEST OPERATIONS TASK 5 ENGINEERING REPORT & RECOMMENDATIONS TASK 6 MEETINGS TOTAL C:IDocuments and Settingsltseacord\DesktoplPending Contracts ITO_CollierHPRO Pilot.doc $3,700 $20,900 $77,500 $1 01 , 1 00 $25,500 $36,200 $264,900 Page 5 of 6 Agenda Item No. 16C12 March 28, 2006 Page 10 of 11 EFFECTIVE DATE This Task Order is effective as of the _ day of ,20_. IN WITNESS WHEREOF, duly authorized representatives of the OWNER and of the ENGINEER have executed this Task Order evidencing its issuance by OWNER and acceptance by ENGINEER. CAROLLO ENGINEERS, A Professional Corporation OWNER Accepted this _ day of 20_ By: Officer BY:~~' -- Partner ----- C:\Documents and Settings\tseacorcflDesktoplPending Contracts\TO_CollierHPRO Pilot.doc Page 6 of 6 WORK ORDER #CAE-3785-06-02 Fixed Term Utility Engineering Services Contract #05-3785, BCC Approved 9/27/05 16.C.14 Agenda Item No. 16C12 March 28, 2006 Page 11 of 11 This Work Order is for professional engineering services for work known as: Project: IDgh Pressure Reverse Osmosis Demonstration Scale Testing The work is specified in the proposal dated February 14, 2006, 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 #CAE-378S-06-02 is assigned to Carollo Enlllneers, p.e. Scone of Work: This scope of services Includes engineerinll services related to demonstration scale testing of High Pressure Reverse Osmosis (HPRO) equipment to treat water from Hawthorn well RO-4N. Demonstration scale testing shall consist of typical full-scale HPRO equipment, such 8- inch membrane elements, pumps and energy recovery. The purpose of using full-scale equipment is to make certain that the energy consumption demonstrated during this test Is scaleable to the County's I-MGD HPRO trains. Schedule of Work; Complete work within 38 weeks from receipt of the Notice to Proceed. Comnensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material and lump sum amounts indicated (if a task is time and material, use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Services Original Compensation Task 1 Project Management 53,700 lump sum Task 2 Demonstration Test Protocol 520,900 lump sum Task 3 Demonstration Test Equipment 577,500 lump sum Task 4 Demonstration Test OperatIons 5101,100 lump sum Task 5 Engineering Report and ReeommendstllFns 525,500 lumn sum Task 6 Meetings 536,200 lump sum Total 5264,900 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an addi'o ser' and charged according to Schedule "A" of the Agreement. '-) . APPROVED BY: 3'/-'3'''{,. Date PREPARED BY: Ho Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY: Roy B, Anderson, P.E., Public Utilities Engineering Director Date Approved as to Form and Legal Sufficiency; ACCEPTED BY: Assistant County Attorney Witnesses (2) ......-: , Iient Officer Carollo EngioeJrs, P .C. Fund: 412 CC:273SI2 OIL Aeeount:631400 Project Number:70094 Agenda Item No. 16C13 March 28,2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award Work Order CDM-FT-3785-06-07 to Camp, Dresser, and McKee, Inc., for professional engineering services for the proposal and writing services of up to 24 grant application submittals to the South Florida Water Management District (SFWMD) and Big Cypress Basin (BCB) for the Lower West Coast Water Supply Plan (LWCWSP) in relation to the Alternative Water Supply (A WS) Funding, and approve the necessary Budget Amendments in the amount of $99,955 for Project Number 75009. OBJECTIVE: The public purpose of this work order will potentially save the rate payers of Collier County from paying 40% of the costs for projects by offsetting costs from the Alternative Water Supply Funding Grants under Senate Bill 444 (SB 444) to the South Florida Water Management District (SFWMD) to fund projects in the Public Utilities Engineering Division's (PUED) Construction Capital Alternative Water Supply Program. CONSIDERA TIONS: SB 444 was passed in the 2005 legislative session to provide grant money to the water management districts. The SFWMD distributed criteria and application forms on August 5, 2005. This year the program operates on a similar reimbursement basis, with invoicing dates of April I, 2007 through August 1, 2007. The selection of this year's projects to receive grant funding will occur at the Water Resources Advisory Committee meeting of the SFWMD in October 2006. The main criteria of the selection process is that entire project or a project phase will be constructed by August 1,2007. The project must fit the requirements of being an alternative water supply project, Le. salt water, brackish water, reclaimed water. Only construction costs will be reimbursed; there is no funding for permitting, design, or engineering services. Up to 24 grant application submittals will be prepared by COM. The cost for this project is not to exceed $99,955 depending on the work effort, and the actual number of grant submittals. The Project 75D09, SFWMD Grant Applications, is contemplated in the 2005 Water and Wastewater Master Plan Update to be adopted by the Board of County Commissioners later this year. The Clerk of Courts Finance and Accounting Department has reviewed the information contained in this Executive Summary and the corresponding attachments. FISCAL IMP ACT: The SFWMD has $36 million available to distribute to 16 counties that come under their jurisdiction. The total cost associated with this executive summary is $99,955. These funds are available in the FY06 Capital Budget, approved by the Board of County Commissioners on September 27, 2005. Funding source is Fund 414, Wastewater User Fees and Fund 412, Water User Fees. -,. GROWTH MANAGEMENT IMP ACT: The projects to be submitted as a result of this work order will be from those listed as part of the capital potable water projects in the Growth Management Plan (Capital Improvement Element 20). In addition, the Irrigation Quality Water projects are listed in CIE 22 as capital sewer projects in the Gro\\1h Management Plan. Agenda Item No. 16C13 March 28, 2006 Page 2 of 8 In addition, the alternative water supply projects are in conformance with Objective 1.1 of the Potable Water Sub-Element of the Growth Management Plan, "The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan." All of the water projects identified in the attached table are to ensure adequate supply for future demand. Objective 1.4 in the Wastewater Sub-element of the Growth Management Plan states, "The County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies." All of the reclaimed water projects that have been identified in the attached table have the common goal to provide additional reclaimed water storage, and also in-turn, additional reclaimed water service to the County's utility customers. These projects will both minimize environmental impacts through the minimization of disposal as well as supply an alternate source to potable water. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District: 1. Approve the Work Order CDM-FT-3785-06-07 with Camp, Dresser, and McKee, Inc., to provide Professional Engineering services for the proposal and writing services of up to 24 grant application submittals. 2. Approve the necessary Budget Amendments in the amount of$99,955. 3. Authorize the County Manager or his designee to execute the approved work orders. PREPARED BY: Richard Cannyn, PMP, E.I.T., Project Manager for Public Utilities Engineering Division of Co llier County. 2 WORK ORDER tLCDM-Ff-3785-06-07 Agreement for Professional Engineering Services Contract #05-3785 Agenda Item No. 16C 13 March 28, 2006 Page 3 of 8 This Work Order is for Professional Engineering services for work known as: Project: SFWMD Grant Applications The work is specified in the proposal dated March 6, 2006, 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 #CDM-Ff-3785-06-07 is assigned to CDM. Scope of Work: See Alternative Water Supply Grant Assistance Fee Proposal Schedule of Work: Complete work within 365 Days from receipt of the Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material and lump sum amounts indicated (if a task is time and material, use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). See Attached Bid Schedule 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: Richard Cannyn, pmp, ElT, PUED, Project Manager Date APPROVED BY: James W. DeLony, P.E., Public Utilities Administrator Date Approved as to Form and Legal Sufficiency: ACCEPTED BY: Assistant County Attorney Witnesses (2) Date: By: Charlie Voss, Client Officer CDM Fund 412/414 CC G/L Account:631400 Project Number: ? Item Number: Item Summary: Meeting Date: Agenda Item No. 16C13 March 28. 2006 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C13 Recommendation 10 award Work Order CDM-FT-3785-06-07 WiUl Camp, Dresser, and McKee. Inc., tor professional engineering services for the proPQsal and writing services of up to 24 grant application submittals to the South Florida Water Management District (SFWMD) and Bi!:; Cypress Basin (BeB.l for the Lower West Coast Water Supply Plan (LWCWSPj in relalion to the Alternative Water Supply (AW8) Funding, and approve the necessary Budget Amendments in the amount of $99,850 tor Project Number 75009 3/28/2006 ~'OO:OO AM Dare Prepared By Richard Cannyn Public Utilities Project Manager Public Ullllties Engineering 2/24120064:15:49 PM Date Approved By Pamela Libby Public lH:ihties Water Operations Manager Wat!!'t 2f28/2006 5:00 PM Date Approved By Paul Mattaus~h Public Utilities Water Dir(lctor Water 3;'1120064:07 PM Date Approved By William D. Mullin, PE Public Utilities Principal Project Manager Public Utilities Engineering 3f9f2006 10:29 AM Date Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations 3!131200G 9;29 AM Date Approved By Lyn Wood Administrative Services Purchasing Agent Purchasing 3/14/20069:51 AM Date Approved BJI Kelsey Ward Administrative Services Senior Purchasing and Contracts Agent Purchasing 3./14/2Q06 10:57 AM Date Approved By Roy B. Anderson. P .E. Public Utilitie-s Public Utilities Engineering Director Public Utilities Engineering 3/14/20061;32 PM Date Approved B}' Gwen Walker Public Utiliti~ Executive Secretary Public Utllilie-s Admin 3115/20064:00 PM Date Approved B)' James W. DeLony Public Utilities Puhlic Utilities Administrator Public Utilities Administration 3/15/20064:10 PM Date Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of ManagElment & Budget 3116/20Q6 7:47 AM D;}t!t Approved B}' MichaelSmykowski County Manager's Office Managerrwnt & BUdget Director Office of Management & Budget 3/2:0/2006 5:04 PM Date Approved B)' Leo E, Ochs, Jr. Board ot County Commissioners Deputy County Manager County Manager's Office 3/20/20065:25 PM CDII Agenda Item No. 16C13 March 28, 2006 Page 5 of 8 Alternative Water Supply Grant Assistance Fee Proposal Section 1 Overview 1.1 Introduction In May 2005 the Florida State Senate passed Senate Bill 444 (SB444) providing each Water Management District throughout the state with funding to pass along to their constituents for alternative water supply projects. This was the first time the state government took such a strong stance to fund alternative water supply projects, demonstrating that preserving the quality of life in Florida is a state priority. Secondly, the bill redefined alternative water supply. The new, expanded definition as described in the bill states that alternative water sources include: . Saltwater and brackish water, . Surface water captured during wet weather, . Sources made available through storage, . Reclaimed water, . Stormwater (for consumptive use), and . Other non-traditional sources Each water management district has to match the state funds with 50 percent of the district's funds. In addition, the funding from the district can only be used for construction/ capital costs and cannot exceed 40 percent of the total construction/ capital costs. The remaining 60 percent of the necessary funds must be provided by the utility. Collier County succeeded in obtaining a significant amount of grant funding (over $5 MM) from the South Florida Water Management District (SFWMD). The funding reflected Collier County's superior alternative water supply efforts and their position as pioneer of new technology and innovative projects to utilize alternative water supply sources. This work is being done under Contract 05-3785, Fixed Term Utility Engineering Services, signed September 27,2005. 1.2 Work Plan/Schedule CDM will create a work plan with a schedule that includes a technical review by members of the County staff (chosen by the County PM) and CDM technical reviewers. The schedule will allow ample time for preparation, review, and timely delivery to the District. Any modifications to the schedule will be discussed between the CDM and County PM. 1-1 C:\Documents and Settings\prietolm\My Documents\Collier Grant Assistance 06~07\AW$ Grant Assistance Scope FY06-07 Revised.doc Collier County Fee Proposal Alternative Water Supply Grant Assistance Agenda Item No. 16C13 March 28, 2006 Page 6 of 8 It is anticipated that the application forms and program description/requirements will be published in March 2006 and the applications will be due June 1, 2006. Section 2 Scope of Services Task 1 Application Preparation Task 1.1 SFWMD Grants CDM will compile the information and prepare the applications for the FY 2006-2007 alternative water supply grant funding provided by the SFWMD for Collier County Public Utility Engineering Projects. Included in these efforts an overall matrix with the project name, description, and estimated project schedule will be prepared. Secondly, one map will be created showing the alternative water supply projects listed in the matrix. The County will provide information and/ or assist with coordination for those projects done by other consultants/ engineers. CDM will provide draft applications for the County within a mutually agreed upon schedule. Task 1.2 Big Cypress Basin (BCB) Grants In addition CDM will also complete applications for grant opportunities from the BCB. This work will be done in conjunction with the applications done for the SFWMD; however, this work is not included in the lump sum amount listed for the SFWMD contracts. Task 2. Meetings with SFWMD CDM will attend up to two (2) coordination meetings with the District and two (2) district-sponsored meetings including, but not limited to the SFWMD Water Resources Advisory Commission (WRAC) meeting and/ or informational sessions on the alternative water supply grant program. CDM mayor may not attend the WRAC meeting in which the selected projects are announced depending on expenditure of this task. One meeting may be to meet with the BCB to coordinate efforts for BCB grant funding. Task 3. Meetings with Collier County CDM will attend no more than two (2) coordination meetings with Collier County PUED staff regarding the SFWMD grant program. One meeting will be held to review the preliminary list of projects eligible for grant funding. The project list will be finalized at this meeting from which the project applications will be prepared. Any changes to this list after the meeting may delay the schedule. Task 4. Reporting Requirements The SFWMD required status reports and a final completion report for each of the projects funded through the alternative water supply program. In addition there are stringent requirements for construction completion and the submittal of invoices to the SFWMD for reimbursement. CDM will also conduct reporting efforts for those grants achieved through the BCB as well. CDM will prepare the status reports and the final completion report for the projects selected by the SFWMD for alternative 1-2 COM C:\Documents and Settings\prietolm\My Documents\Collier Grant Assistance 06-07\AWS Grant Assistance Scope FY06.Q7 car.t Agenda Item No. 16C13 March 28, 2006 Collier Jfl4geti of 8 Fee Proposal Alternative Water Supply Grant Assistance water supply grant funding. In addition CDM will prepare a tracking document to track progress on the projects selected. This document will be updated and distributed to Collier County PUED monthly until the grant funding requirements for FY 2006-2007 are complete. Task 5. Additional Services CDM will provide additional services requested in writing from Collier County PUED to: . Attend additional meetings . 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N " ~ ;< Agenda Item No. 1601 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the creation of a Trust Fund to distribute available funding to citizens affected by future natural disasters and to direct staff to establish the creation of an Individual Care Coordinating Council for managing the distribution of these funds OBJECTIVE: To provide a mechanism for receiving funds from local, state, and federal resources during times of natural disaster to assist with distribution to affected residents of Collier County. CONSIDERATIONS: Hurricane Wilma demonstrated a number of unmet needs that were created in the aftermath of this Category 3 event. Not-for-profit organizations, State Agencies, and local government all worked together to collaborate and meet the human service needs of individuals affected. In particular the American Red Cross, United Way, and Community Foundation effectively provided support to those individuals with local resources. While coordinating these services was done in a most professional manner, establishing a mechanism to fairly distribute and provide funds to those in need is desired. ;,,,,,-,,,, The Human Services Department has a unique role as a governmental entity to provide for a system of accountability to local taxpayers. This role allows for a coordinating function with the variety of aid agencies that provide support to those affected by natural disasters. Experiences in other states have identified how local government is often viewed as the entity of direct care for its citizens during these events. Establishing a Trust Fund and system of distributing funds for individuals affected will allow for accountability and distribution of needed resources. Working through Emergency Management National Incident Management System protocols allow for requesting and receiving needed resources quickly in times of need. This proposal seeks to establish both a Trust Fund to receive such requests as well as authorizing the creation of an Individual Care Coordinating Council to receive requests for assistance and disburse them in times of disaster. Some examples of items that the Coordinating Council would seek to fund through this Trust Fund include clean-up supplies, food, prescriptions, medical supplies, mortgage and rent payments, and utility payments. The Coordinating Council would accept applications from citizens and evaluate their need on a case-by-case basis. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Plan impact associated with this item. FISCAL IMPACT: There is no direct fiscal impact. -'- Agenda Item No. 1601 March 28, 2006 Page 2 of 3 RECOMMENDATION: That the Board authorizes the creation of a Trust Fund to receive funds associated with natural disasters and create Individual Care Coordinating Council to distribute funds received through this Trust Fund. Prepared by: Barry Williams, Human Services Department Director Agenda Item No, 16D1 March 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1601 Meeting Date: Recommendation to approve the creatIon of a Trust Fund to distribute available funding to citizens affected by future natural disasters and to create an Individual Care Coordinating Council for managing the distribution of these funds. 3128/20069:00:00 AM Item Summary: Approved Br Barry Williams Human Services Director Date Public Services Human Services 3/14/2006 10:09 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Servi~es Admin. 3.114/20066:00 PM Approved By OMS Coordinator Administrative Assistant Oat. County Manager's Office Office of Management & Budgot 3/15/2006 8:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's. Office Office of Management 8. Budget 3!15/2006 9:44 AM Approved By James V. Mudd County Manager Date Board of County Commi~"ioners County Manager's Office 3/16/20D6 1:29 PM Agenda Item No. 1602 March 28, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to accept a grant in the amount of $18,230 and approval of an agreement between Collier County Board of Commissioners, the South Florida Water Management District, for the continuation of the Florida Yards & Neighborhoods program through Collier County University Extension. OBJECTIVE: Continue to provide homeowners of Collier County with educational programs to promote conservation measures through Florida Yards & Neighborhoods program. CONSIDERATIONS: University Extension will continue to provide homeowner education to citizens of Collier County. University Extension has a long history of outreach and experience with educational programming in the community. Working with single family homeowners, homeowner and condominium associations, University Extension is already welcome in many settings with educational programs which promote conservation of our natural resources. Fiscal Impact: University Extension will receive funds in the amount of $ 18,230 from the South Florida Water Management District to conduct educational programming until August 31.2006. These monies will cover employee salary and programming expenses. Growth Manaaement Impact: There is no growth management impact associated with this item. Recommendation: Accept grant in the amount of $ 18,230 and sign agreement between Collier County Board of Commissioners, and the South Florida Water Management District for the purpose of providing educational programming in Collier County. Prepared by: Robert D. Halman, Director, University Extension, March 9, 2006d ,.<,.-.."" Item Number. Item Summary: Meeting Date: Agenda Item No. 1602 March 28, 2006 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D2 Recommendation 10 accept a grant in the amount of $18,230 and approval of an agreement between Collier County Board of Commissioners, the South Florida Water Management District, fOf' the continuation of the Florida Yards & Neighborhoods program U,rollgh Collier County University Extension. 3/26/20069:00:00 AM Administrative Assistant Cat. Prepared By Saundra Lockwood Publtc Services University Extension 319/2006 8:32:01 AM Kathy Carpenter Executive Secretary Cale Approved By Public Services Public Services Admin. 3/912006 9:20 AM Approved By Administrative Setvices Administrator Date Len Golden Price- Administrative Services Administrative Services Admin. 319/200G 4:14 PM Robert Halman Dir.ctor Date Approved By Public Services University Extension Services 3114!200610:50 AM Mar(a Ram15ey Public Services Administrator Date Approved By Public Services Public Services Admin. 3114120065:58 PM Robert N. Zachary Assistant County Attorney Date Approved By County Attorney County Attorney Office 3/1 5J2006 10: 12 AM Approved By Administrative Assistant Date OMS Coordinator County Manager's Office Office of Management & Budget 3115/200612:16 PM Michael Smykowski Management & Budget Director Date: Approved By County Manager's Office Office of Management & Budget 3/17/200612:52 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 3J17/2006 6:27 PM B3/13/2826 14: 59 2395974987 mlV'~-~ 141&) SAatrm. PRO:'1REtEt4T . aouth FI .,rida'Water Managvment tJl$t"at .... ... FJ.O. PJo): ..~~eeo ...... >' W.$ot p.-!:'Beact1,PL33415-4680 .. .... ...... ...... =;'~~t~ll:::a-=~esr 13m C'VPRESS .EASIN ~ 62 . Agen. da Ite . 1602 Marc 2006 PURCHASE:ORII!R .,- FL~lttA!Ai..e8 TAX EX&MP'TION#'85-80,a1l4amc09 AiClEI'll1ld.1AX_MPT...74(107'2K; . ..... T1fi NUMtlF.N,_TAP~EAAOI:aJlJ.1. PAYMEHr~ PAC~AGr:;Kr,^CKlNCI.nns.. II'I\'OIClli$'. 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V9 39\id NI5W: SS3l"J~:J 9Ht ~ CIWf'\.:S. LaGt>l6968~ ~ ftl>l '3e0(;:-m~ 6S:~t 9lel/€1/E0 ",-, .",~, 03/13/2826 14: 69 2395914981. rM-ot3-"2lfi" 14:" 1 ~..~ BIG. ClfPRESSBA51N Agenda Item~16Pf2 MarchpZ~2006 Page 6 of 8. ATTACBME.l'iT ..e" fYN 2Q06PRoaRA.l\tfBUDGtrr s.'TA~1' (l) 51',130 TRAVEL ~ T01~AL. COMMITMENT; SI&:lJO Pun:::ha:$ I' Order No. 1"601293, Attactrmant (IC'~, FYNi20DiPrOgramesudget - Page 1 of 1 ,- et~[~l~~~;~ 239597~~ BIGCV?REss'BAS~N ATTACHMENT UA" Statement of Work. Agenda Item RWi..6ce5 March f3~006 Page 7 of 8 ContraCt Number PJ'Qjeot Ttt'.~ P'JoridaVards and Neighborhoods A. .antrQ JuGtlortlsackground ...... . The PIOrida.' 'lVd$and Nelghbol'11oods (f='~) .program wa$ created.iI' .199~ pnmanlyasan ~dLtC$tfOM1' utreachprogI'8mth8t~owers$t8k.MI~toproteo1 andcon$erve r:yorJda natural rte&ol. roe6'through thehatlcm of attraotfve'6U1vi~cr1rnehlilUy friendlyJ*1"..dseJpe$, "J'he. University of F1:orida provlrJ8I> researotl-beMdJnformation.wrremand dewIQplng.~l1dthe foundation fj r the principles of theFYN program. The FYN program emphatitiesnJrlfJ prlnclples for erwiron IT 3ntllly 1r1enaly "ndlio-lplngln Florlda, The Unlverl! lyofFtorida Extension Service ftasbeeome tn& lead agen~ lnpromotlngl~ FYN program. a her particiPat'ngagene1es .lnalUde .the. USgmllronm.~1 'Protection~8QQy (SPA), the Fb'lda t oepartment ofanvlrOnrnttntll Ptdtecfion{DEP}, water m8nl~ementdistrlets'1 and o oilier COUr rJ, rhllOollier CounlyFYN progrilm """" runded by DEPunder a thre.ye~1'9tan[ endlngApl'i 30,2005, . B. Obj1 ctives TheObjeQti 'laSe of the program E4f9tot:YgetspedAc groupaof homeowners.. landtari~ profeSSION B, buiTdefSanddevefoPl(arand.g~ncieslotelilch thltm the nlneprindPaJs.Of the FYN ?rogtl Tl. The!le InclUde: .1)rlghtp.nltrigt1t pface. 2)watering eff'lOfenfJy 3)mlJlc~ln94) recyc~ng Yf 'd wasteS) tartifjzjngapproprlart$lyB) contrOlling y~~d pests t'$&PDnsibl)t 7) reducing at.orrnwawt 'unoff8) ilttnloting wUdlife 9) prOfectJngtnewaterfrcnt. lasuesconcemlnQ water qu.Uty. waf If SU~PIYI soU degradation, poIkJlion.loS9of wllclllfadive,1'$i!Y1 and over"utiitatlon I}f non..renewt cl.l'e'l)ouTCfea are alsoaddressld in theFYN program. C. See :loot Work The duties ,r the Extension. Educator Ino/uae worldhQ with homeownen> and homeC)Wn'ts ll6Gociaticr- I, advising them as toJ=Ioridafriend/y landscapeprtlOUces. :pr~eenlingeduca1ioNll progremJJ' 'comrnJ,lnity and lUJlghborhoodgll'JUp$, wrltlng MWI.rtld"l' wrtifyirlgJandscapel ..t!'llt mu.t f 'fN crlteria, snd building f:'Qltnerships w[[h othar agencfesand otgatlizatlOl'ls. including b ,<<deft and dew:lopers. Altbough Ir lisl educational efforts have beerl dErected toward. Fklrlda h(Jm~.new FYN programmllg hubeen developedtd Inc/IJdebuHd$(s andde\fetopers, landscape prC1fe!i&jonDf~., ~rn:l gardet center plnonl1liJi. These grollpswl~ be tBl"geted specifically and becOme an important ( ~mponent of fheFYN program. o. W(' 'k 8reakdownStr:uctur& . me FYN f -ogram wbl be atdminiittSir'ed through the Unlw:rstty Of Florida Exteneion $.t'Vi~e in CO/lier Cot. nty Bndinch,ldes onefull-Utru~ employee. A completebuqgetbrealcdown is attached. 1. .aC 1/SFWMO will provfde partial ~al9ry and tr'avel ~~es 0' .fi16;230foraplQgram asrstl911t. . . 2- Co I.r COunty and fneU~ly ofFIQrlda will provide $16".730 for: camplJtet,s,peoieJia\. ani techn[c;ellsuppon;office $upplles~ printing; pastes<< ~hlbltmatertats;an office; !Ie. retarlaJ IiWpport; vOlunteer&: computertlEl~rkrng;;af'ld, Dlherovethe4lldsupport PUleh se Ol'd!'l' WI). PfQ12t3~ Afl:ktl'Mahl ~A't, st8terHnt o( Wotk _ Pas- ~ of t 03/13/2026 14:,59 MAR'-~2I2ll2Ie 14;"~ 2395974981 'SR.ttD',~' EIG CVPR~ BASIN Agenda Item~ 6~! March~~006 Page 8 of 8 SXBl&lt"'1)4lt SUMMARY SeJlEDl)LE OF TASKS Al'fD DELIVDA8LES .. A, _.Ut m&tyc.ieJi'il$~".~41e 'tor "CI1 t..)..~ct;.fsted:JWllhU'll~ .ptOie.<:t l$tIltfQ"h~~W.1'be ~.e' ..11 batQiJ Ml8l1.amendlfitm ,to '*"ttlbt~;~~year; , ' . " .. AI dtifem\lI~$dbmlllecth.~fJt:aresu~Qt'\D ~lrw,by'~,*ldllt,.'heAgenc;y;~nsbylJgteeslo prc1lll' ~ .lbe ',0l~.l1iet ';ll,doBwulbl'-' dllaand,l(1fO'MaliondMb~dU\n,. &lllll8lftent QfW<iI~it1 '1>cJth wnltel ,nd -Mecl'tonlo iotIr~~lgUl1'maf. . Ol,C lilieS for all dollvtnb!eslll[e '~. bmt!lw.. Uliee:s QlhllWllsnoted.9uilClti1tldl wi! revi,W n laMS l,wIIhll'\ 1'l1tcen(1!-) mtl<lrig tWysof :reoeT.llt.reco",m~d tfNlIJol'lG (j=tlerfa'mat)~.Dll fe.pOI1 for I", xporlltio\'i by the Aglncy:vuc:J'IM flnM SObmls.ti,>l'I. . F'ayr. anf shllU 1$ mid. fcUQWlnt rectitpt.nJ! ~p~ bf Ill.. ,~~ . of PlOjBd _ilveral,\T1fS i1 accot lance Wilt! ~$dctI.~ul.&OI, ,foltll.1JfAow. Tatalpaymenl by tht ~\,'tItl.tfot .81 WOtltf:lillnPl'- hft1ll1: ."lIn not C>>ICell<l1he ernoun\crl1'~I:Ml~. "; , ,DlIVIr.abl8s . .+ , I..', . . .11 j~ ,Ou. . DIlf rOdlte :~t.~ .. ms: ~_':';='J m:,: ...._ """J!;' ... .~ Is!!; . - 41~ 11 l S!lI.IU $'Ul:; ...... tJ&1!O p",r~h 'I" Order No. P601~.Ex"lblt"P4",$UI'I~m8ry$che(lule of 'rllSll.sand oenVo.rabte$ -page1 of 1 "1'm"AI ~ . ~ Agenda Item No. 16D3 March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Authorize the Submittal of a Grant Application to United Way for Funding in the Amount of $24,000 to Support a 4H Customer Service Position in the University Extension Services Department OBJECTIVE: The continuation of the annual grant from United Way through the 4H Foundation to fund a 4H Customer Service position in the University Extension Services Department. CONSIDERATIONS: Beginning in Fiscal Year 2001 and for each subsequent year, the United Way has provided grant funding for the 4H Program within the University Extension Services Department. To date, this organization has provided a total of $98,000 in support of the 4H Program. ,.",-, In accordance with the approved Grant Coordination Procedure, staff is requesting authorization to pursue grant funding from United Way in the amount of $24,000 for Fiscal Year 06/07 to support a half-time 4H Customer Service position. This position will coordinate efforts with agencies such as Parks & Recreation, the Library, and the public to provide youth services programs. FISCAL IMPACT: Funding of this grant will generate $24,000 in revenues with offsetting expenditures. No County match is required. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board ofCoW1ty Commissioners authorize staff to submit an application for the $24,000 United Way grant which will support a half-time 4H Customer Service position in the University Extension Services Department, and that the Board authorize any budget amendments associated with the recognition of revenue and expenditures of these grant funds. PREP ARED BY: Saundra Lockwood, Administrative Assistant ",.-. Agenda 11em No. 1603 March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D3 Recommendation that the Board 0'1 County Commissioners AuU)orize the Public Services Administrator to Sign tt18 Annual Application 'for Funding from the United Way Thru the 4H Foundation Meeting Date: 3128/20069:00:00 AM Approved By Kathy Carpenter Executive Secrewry Date Public Services Public Services Admin. 3/13120062:07 PM Approved By Robert Halmlln Director Date Public Services University Extension Services 3114/200610:52 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 3J16/20061:35 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Pubilc Services Admin, 3'16120065:07 PM Apprond By OMS Coordinator Administrative Assistant Date County Manager's Office Office or Management & Budget 3/17/200610:03 AM Approved By Michael Smykowski Mllnagement & Blldget Dir0ctor Date County Manager's Office Office of Management & Budget 31171200512:50 PM Approved By James V. Mudd Board of County Commissioners. County Manager Date County Manager's Office 3/17/2006 6:34 PM Agenda Item No. 16D4 March 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to award Bid #06-3936 for food for the summer meal program for Parks and Recreation to Cheney Brothers, Inc. at an estimated cost of $150,000 Obiective: To provide free nutritious meals during the summer to Collier County children living in disadvantaged neighborhoods. Considerations: The Summer Food Service Program is a grant funded by the United States Department of Agriculture Food and Nutrition Service and administered by the Florida Department of Education. The purpose of the program is to ensure that children can receive the same high quality meals during the summer as provided by the schools during the school year. The grant reimburses agencies that serve free meals to children eighteen years and under in neighborhoods that qualify. Neighborhood eligibility is determined by census income data or by the percentage of children who receive free and reduced meal service during the school year. All of Immokalee and Everglades City and many neighborhoods in the Naples area are eligible. .~-, Staff has successfully administered the Summer Food Service Program for the past twenty-four years in conjunction with the summer camp program. In 2005 the grant provided 98,329 breakfasts and 129,421 lunches for a total reimbursement of $444,415. This summer the program will provide an estimated 130,000 breakfasts and 175,000 lunches. The County will be reimbursed based on the number of meals served and the costs of administering the program. Invitations to bid on Bid #06-3936 were sent to 4 vendors. Three firms requested bid packages, and one response was received, from Cheney Brothers, Inc. Staff has reviewed the quote received and recommends award of bid to Cheney Brothers, Inc. as the lowest, qualified responsive bidder. Food is procured for the Swnmer Food Program from three vendors: direct purchase from McDonald's for specialty breakfast sandwiches; direct purchase under the bid being awarded; and through a continuing agreement with the School District. The ability to purchase either directly or through the School District lends the flexibility necessary to procure large quantities of foodstuffs in a timely manner. Fiscal Impact: The program is budgeted under the FY 06 Food Grant Fund in the amount of$588,400. The State will reimburse the County for 100% of expenses. Growth Management Impact: No growth management impact is associated with this action. ,........., Agenda Item No. 1604 March 28, 2006 Page 2 of 6 Recommendation: That the Board of County Commissioners awards Bid #06-3936 for food for the summer meal program for Parks and Recreation to Cheney Brothers, Inc. at an estimated cost of $150,000. Prepared by: Amanda Oswald Townsend, Operations Analyst, Parks and Recreation ".-" Agenda Item No. 1604 March 28, 2006 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1604 Item Summary: Recornmendalion 10 award Bid #06-3936 for food for the summer meal program for Parks and RecreatIon to Cheney Brothers, lne at an estimated cost of $150,000 MeeUng Date: 3/28/20069:00:00 AM Approved By Kathy Carpenter Executlvfl Secretary Date Public Services Public Services Admin, 3/14120064:26 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin_ 311412006 6:03 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 3116120063:58 PM Approved By Steve Carnell PurchasingfGenural S....cs Director Date Administrative Services Purchasing 3/16f2006 5:20 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/17/200610:04 AM Approved By Michael Smy~owski Management & Budget Director Date County Manager's Office Office of Management & Budget 3!17J200611:07 AM Approved By James V. 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Wi n,....' 1 , ~ ~'~I~ ~I""_I""I_ I ~I IW:.... -'(J'O::: 0::: rJ) (J) \U ,.... -'-'0::-' -' -' 0 01(,)10 0 w ....1- - ........W.W Cl!i~I~!~~ffilffiffi5~~i~I~~.~~w~~~~~1~i~~.~~I~II~I~m~I!I~~~ I c(,W W_._ _ - - ::>;:)/< . ~ :t._ _ _..::; ...1...,,.0:; _ ""::>,:JI::>~~, ~ m;~la.iQ.o..Q.ID.. D..o:::a::o:::!o::~ . (J)CI)~CI)(J)(J)0IC1)IrJ)(I)(I)(f)!CI)ICI)CI)>1 ~ !- r i I I I I I I ' 1 I '-I I i I e I '_._,~ 11::, i. ~ i CV; (..c: ] i'2IO 1CDIl' l.gl-e i. c:::8 :! 1m, lu'-. I ~ c: CD ~. C) !i~ ~:.s ;:, ,.- :Q.I~ "\)'...".,...."..1''i'' i-".;: 'I!f'i' .,li:jl,'jI"lt )l."-' ,p ,. - ';''1'' ,""'.-: tt Agenda Item No. 1605 March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment appropriating $35,000 from reserves to fund the initial environmental site assessment and remedial action in response to the fuel spill at Caxambas Park Obiective: To comply with State regulations for protection of the environment III response to potentially adverse incidents. Considerations: On September, 21 2006 the fuel tank at Caxambas Park failed. DEP requires an "Initial Remedial Action and Site Assessment" be performed to determine the long term remediation that may be required for the site. Fiscal Impact: Staff has prepared a budget amendment appropriating $35,000 from boating capital reserves (Fund 306) to fund the initial environmental site assessment and remedial action in response to the fuel spill at Caxambas Park (Project #80044). Growth Manaaement Impact: No growth management impact is associated with this action. ............. Recommendation: That the Board of County Commissioners approves a budget amendment appropriating $35,000 from reserves to fund the initial environmental site assessment and remedial action in response to the fuel spill at Caxambas Park. Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department ,- Agenda Item No. 16D5 March 28. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1605 Meeting Date: Recommendation to approve a budget amendment appropriating 535.000 from reserves to fund the initial environmental site assessment and remedial action in response to the fuel spill at Caxambas Park, 3/28/20069:00:00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 3/16120064:48 PM Approved By Marla Ramsey Public Services Administrator Date Public. Services Public Services Admin, 3,116/2006 5:28 PM Approved By OM8 Coordinator Administrative Assistal1t Dat& County Manager's Office Office of Management & Budget 3117/2006 10:07 AM Approved By Mi{;h..'lel Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3/171200611:21 AM Approved By James V. Mudd Board of County Commls.sioners County Manager Date County ManAger's Office 3/17/20Q6 4:06 PM Agenda Item No. 1606 March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment appropriating $200,000 from reserves to fund the installation of a new fuel system at Caxambas Park Objective: To sell fuel to the patrons of Caxambas Park. Considerations: On September 21, 2005 the fuel tank at Caxam bas Park failed. Collier County Government obtained the services of Oil Spill Response an emergency response contractor to oversee the immediate removal of the tank system. The boaters currently have no place to refuel on the south end of Marco Island and the general public is anxious to have fuel available. Mactec Engineering is overseeing the installation of the new fuel system. Fiscal Impact: Staff has prepared a budget amendment appropriating $200,000 from boating capital reserves (Fund 306) to fund the installation of the new fuel system at Caxambas Park (Project #80043). Growth Manaaement Impact: No growth management impact is associated with this action. " ,...,...~, Recommendation: That the Board of County Commissioners approves a budget amendment appropriating $200,000 from reserves to fund the installation of a new fuel system at Caxambas Park and approve an increase of work order limitations of contract 03-3427 with Mactec Engineering from $90,000 to $200,000. Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation Department ,~,''''''''' Agenda Item No. 16D6 March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D6 Meeting Date: Recommendation to approve a budget amendment appropriating 5200.000 from reserves to fund the installation 01 a new fuel system at Caxambas Park 3128120069:00.00 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 3116120064:50 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 3/16120065:27 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 3/171200610:10 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 3117/20063:53 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County MAnager'a Office 3/11/20064:22 PM EXECUTIVE SUMMARY Agenda Item No. 16E1 March 28, 2006 Page 1 of 3 Recommendation to award contract #06-3914, "Construction Management at Risk Services for the Collier County Fleet Facilities", to Wright Construction Corp., projects 52009 and 35010, in the amount of $44,070 for pre-construction services, and to approve a professional services work order with CH2MHilI for construction inspection and oversight in the amount of $293,380. OBJECTIVE: To award contract #06-3914, "Construction Management at Risk Services for the Collier County Fleet Facilities", to Wright Construction Corp. in the amount of $44,070 for pre- construction services, and to approve a professional services work order with CH2MHill for construction inspection and oversight in the amount of $293,380. CONSIDERATION: A contract with Disney & Associates (Disney) to design a new Board of County Commissioners Fleet Facility and a new Sheriff's Fleet Facility on the same site at County Barn, project 52009, was approved by the Board on February 25, 2003, agenda item 16.E.2. Staff has been investigating possible sites for the Collier Area Transit (CAT) and Transportation Disadvantaged (TO) Operations Facility. The Fleet Management Department provides maintenance services for these vehicles and both fuel and a wash rack are important aspects of the operations. Given the lack of available property in the vicinity of either the CAT transfer site (currently the Lorenzo Walker Institute) or County Barn, properties adjacent to County Barn ,.- have been investigated for purchase. The Real Estate Services Section of the Facilities Management Department has initiated discussions with the owners of the adjacent properties to the north and south of County Barn in an attempt to purchase these parcels. The Son Rise Church on the north side has indicated a willingness to sell and appraisals were ordered and received in the amounts of $1,125,000 and $1,300,000 - negotiations are ongoing. The property owner to the south has not responded to repeated contact attempts and it is anticipated that condemnation may be required. The Fleet Facilities project was originally planned for three major construction phases. The first phase includes replacing the communication tower with guide wires to a monopole tower and this phase is expected to be complete by the end of April 2006. The second phase includes constructing the County Fleet Facility and associated parking. The third phase includes demolishing the existing Fleet Facility and constructing a Sheriff's Fleet Facility on the western end of the property closest to County Barn Road. With the addition of the CATITD function, the phasing becomes much more complicated as their offices are currently located in the existing Fleet Facility. The total approved Fleet Facility project budget is $10,170,000 and the current design contract amount is $748,725. A Request for Proposals (RFP) was issued on October 19, 2005, nine vendors requested full packages and three proposals were received on November 18, 2005. The Selection Committee met on January 19, 2006 and recommended the following shortlist: .~.-. Wright Construction Corp. The proposed Construction Management at Risk contract consists of three Phases: 1) construction of the new BCC Fleet Facility, 2) demolition of the existing BCC Fleet Facility and construction of the Sheriff's Fleet Facility, and 3) construction of the CATITD Facility. Upon Agenda Item No. 16E1 March 28, 2006 award of the initial $44,070 contract, efforts will begin to obtain a Guaranteed Maximum~geE2 of 3 (GMP) for the first phase of construction. The second phase may be impacted by the design of the third phase and therefore those phases will be priced separately. Additionally, phases 2 and 3 may be done either concurrently or reverse order depending on permitting and temporary CATITO office plans. CH2MHill has provided a professional services proposal under contract #01-3291, "Construction Engineering and Inspection Services" to inspect and monitor the construction contemplated under the Construction Management at Risk contract. Each phase is expected to take nine to twelve months. It may be possible to construct the CA TIT 0 Facility concurrently and therefore the project duration could be two to three years. The proposal is based on a time and materials estimate and could therefore be higher or lower depending on the construction. FISCAL IMPACT: The funds for this contract and professional services work order are available from the budgets of the projects (35010 and 52009) and the source of funds is a combination of General Government Building Impact Fees, General Funds, Road Impact Fees and Gas Taxes. Function Budget Encumbered Estimate to Complete BCC Fleet Facility and Tower $5,758,262 $1,214,611 $6,830,217 Sheriff Fleet Facility $4,411,738 $930,584 $5,270,439 SUBTOTAL Project 52009 $10,170,000 $2,145,195 $12,100,656 CATITO Facility (35010) $6,137,759 $130,981 $5,000,000 TOTAL $16,307,759 $2,256,176 $17,100,656 Based on the currently available information, there may be a shortfall of approximately $4M. With the construction phasing, this shortfall would need to be addressed as part of the fiscal year 2007 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan. RECOMMENDATION: That the Board of County Commissioners 1) approve the award of a Construction Management at Risk contract to Wright Construction Corp. in the amount of $44,070 for pre-construction services, 2) approve a time and materials professional services work order with CH2MHill in the amount of $293,380, and 3) approve the necessary budget amendments. Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department Item Number. Item Summary: Meeting Date: Agenda Item No. 16E1 Maret1 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSION.RS 16E, Recommendation to award contract #06-3914, Construction Management at Risk Services for the Collier County Fleet Facilities. 10 Wright Con~lruction Corp., projects 52009 and 35010. in the amount of $44,070 for pre-construction services, and 10 approve a professional services work order wilt' CH2MHlII for construction inspection and oversight in the amount of S293.380. 3/28/20069:00'00 AM Principal Project Manager Date Prepared By Ron Hovel! Administrative Services Facilities Management 3/6/20064:24:37 PM Linda Best Contracts Agent Date Approved By Administrative Services Purchasing 3/7/20067:51 AM Dan Croft Fleet Managem~nt Director Date Approved By Administrative Services Fleet Management 31B(20Q6 1 :01 PM Diane B. Ar:agg Director A TM Director Date Approved By Transportation Services Alternative Transportation Modes. 3/8/200& 4:26 PM Kelsey Ward Sftoior Purchasing and Contracts Agent Date Approved By Administrative Services Purchasing 3/1312006 2:01 PM Skip Camp. C.F .M. Facilities Management Director Date Approved By Administrative Servicas Facilities. Management 3113/2006 2:33 PM Len Golden Price Administrative Services Administrator Dat& Approved By Administrati....e Services Administrative Services Admin. 3/16/200611:55 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/16/20061:33 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office ot M.magement & Budget 3/1612006 3:50 PM Approved By County Manager Date James V. Mudd Board of County Commis.sloners County ManagHr's Office 3/1712006 4:49 PM Item Number: Item Summary: Meeting Date: Agenda Item No. 16E2 March 28, 2006 Page 1 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 Recommendation to award Bid No. 06.3890 for the purchase oi irrigation parts to Boynton Pump and Irrigation Supply, Inc. and Florida Irrigation Supply 31281200e 9:00:00 AM Administrative Assistant Dattt Prepared By Pat Pochopin Administrative Services Facilities Managgment 31141200611 :19:45 AM Date Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director FacJlities Management 3115120062:59 PM Damon Gonzales Interim Facilities. Manager Date Approved By Administrative Service5 Facilities Management 31161200610:21 AM Appro,,'ed By Len Golden Price Administrative Service!> Administrative Servicev Administrator Date Administrative ServIces Admin. 31161200612:15 PM Administrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3117/20068:09 AM Date Approved By Michael Srnykowski County Manager's Office Management & Budget Director Off'ice of Managf'n'lent & Budget 3J1712006 11 :23 AM O&puty County Manager Date Approved By Leo E. Dche:, Jr. Board of County Commissioners County ManagurG OffIce 312012006 9:06 AM .....- - Agenda Item No. 16E2 March 28, 2006 Page 2 of 4 Executive Summary Recommendation to award Bid #No. 06-3890 for the purchase of irrigation parts to Boynton Pump & Irrigation Supply, Inc. and Florida Irrigation Supply. OBJECTIVE: To award a Contract to Boynton Irrigation & Supply, Inc. and Florida Irrigation Supply, for the purchase of irrigation parts. CONSIDERATIONS: The Department of Facilities Management is responsible for the maintenance, repair and replacement of irrigation systems on County-owned properties. On November 9, 2005. the Purchasing Oepartment solicited bids for the purchase of irrigation parts and related items. Selection was made based on a pricing formula, taking into account cost and types of items available. Two qualified bidders responded and are recommended as per the published award formula in the bid document (see the attached tabulation sheet). Staff is recommending award to Boynton Pump & Irrigation Supply, Inc. and Florida Irrigation Supply for the purchase of irrigation parts and related items. This award best suits the building maintenance section for services required, ensuring appropriate resources and response times to maintain County grounds, as well as maintaining competitive pricing for those services. FISCAL IMPACT: Facilities Management purchases approximately $40,000 annually in irrigation parts and related items. Funds are budgeted in Facilities Management cost centers. GROWTH MANAGEMENT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners award Bid #No. 06- 3890 to Boynton Pump & Irrigation Supply, Inc. and Florida Irrigation Supply for the purchase of irrigation parts and related items, as addressed within this summary. PREPARED BY: Damon Gonzales, Facilities Manager, Department of Facilities Management ~.N ~~.. !>-g ~;. ~IJ .$. l/l - l/l"O "C .- .- In c: OJ Q) OJ <{ c: o l/l c: ..c: o .., .... (5 "'~') . l/l E ~ "0 Q) 16 CD c:: "0 c: lI:l ~ lI:l a.. c:: .Q 10 Cl ~ -.., , I l' cb o a> OJ lI:l c: lI:l ~ 1:5 Q) .~ a.. 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C: 1: ~ ~ '2: ::l Q) Q) ro 'U c 1 Q) . ro E E ro c c Q) c: c c c a.. '0 en 0 1:: g ::l 1:: g 1:: g Q) 1:: g () C3 r= ro a.. r= ro () r= ro () 1: ro I'Q ro Vl ::l ro ::l ro ::l ro ::l ro E .1: Q) .... () 0: 0 CD () c::: 0 Cl () c::: 0 CD () 0: 0 Cl ~ .s "3 > > > > E ::l ~ ::!: a. a. a.. a.. a. a. i..: Q) 0> ro c: ro ::::!: t) Q) .~ a.. Agenda Item No. 16E3 March 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a plan to provide temporary residential housing for new County hires and/or interns. OBJECTIVE: To attain Board approval to provide temporary housing for new County hires and/or interns. ~,,,,.,,., CONSIDERATIONS: The County has within their real property inventory, houses that were secured for expansion of the Bay View Park area, but that will not be torn down in the immediate future. These single family residences are suitable for short-term residential occupancy and could be assigned to an employee or intern on a short-term basis. This very limited benefit could help in both recruitment efforts and in providing the County with another option as it relates to the ability to secure and retain employees. The duration of the stay would be limited to not more than ninety (90) days or (120) days with approval from the County Manager. An employee will be responsible for a flat charge of $20.00 per day; $13.00 per day for interns who do not share the residence with anyone else and $10.00 per day per intern when two or more interns share a house. These fees will include water service, electric, basic cable and furniture. Each occupant will sign an agreement that will include holding the County harmless for damages that may occur as a result of the occupants' use of the premises. Additionally, the agreement will include a provision that provides that injury to the occupant as a result of the occupant's use of the residential property shall not qualify as a covered Worker's Compensation expense under Florida Statutes Chapter 440. The Department of Facilities Management will manage the property including building and grounds maintenance, janitorial (between occupants), pest control and related upkeep along with the scheduling of the occupants. The revenue will be directed to the Parks and Recreation Department. Cost for furniture would be provided out of existing 301 project budgets. This Plan will extend to other residential units, if any, that come into the County's inventory from time to time. Staff is requesting approval from the Board. The rules supporting this plan will be established and maintained within the County Manager's Administrative Policies (CMA). FISCAL IMPACT: The maximum revenue this project is expected to generate is approximately $7300 per year, per house, based on 100% occupancy. (These residences currently sit empty). GROWTH MANAGEMENT IMPACT: There is no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the temporary housing plan as described within this summary, including declaring the plan as having a proper public purpose. PREPARED BY: Skip Camp, CFM, Director, The Department of Facilities i"....-.. Agenda Item No. 16E3 March 28, 2006 Page 20f4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E3 Recommendation to apprO\le a plan to provide temporary residential housing tor new County hires and/or Interns Meeting Date: 312812006 9:00:00 AM Prepared By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 3/15(20064:13:30 PM Approved By Skip Camp, C.F.M. Faclllties Management Dlr~ctor Dale Administrative Services Facilities Management 3/16120069:56 AM Approved By len Golden Price AdminiztratlvB Servlce$ Administrator Date Administrative Services Administrative Services Admin. 311612006 4:24 PM Approved By OMS Coordinator AdrT1inistrativ~ Assistant D~ltll' County Manager's Office Office of Management & Budget 3117120068:15 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 3117/200610:38 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manag~r's Office 3117120066:32 PM Agenda Item No. 16E3 March 28, 2006 Page 3 of 4 OFFICE OF THE COUNTY MANAGER ADMINISTRA TIVE POLICY AND PROCEDURES CMA# TBE SUBJECT: Temporary Residential Employee/ Intern Housing Policy Effective Date March 28.2006 A. PURPOSE: The purpose of this Instruction is make use of unoccupied homes owned by the County from time to time by providing temporal)'r~sidential housing to new employees, existing employees under extenuating circumstances. and interns. This limited benefit is provided in order to help in both recruitment efforts and to provide the County with another option as it relates to the ability to secure and retain employees. B. CONCEPT: It is the policy and desire of Collier County to provide temporary residential housing to new employees, existing employees under extenuating circumstances, and interns. ]. Temporary residential housing may be provided to new employees, existing employees under extenuating circumstances, and interns when available. 2. The term of us~ shall be limited to ninety (90) days or ] 20 days with case-by-case written approval by the County Manager. 3. The County Manager may approve temporary residential housing for existing employees when there are clearly extenuating circumstances (example: employee's home is destroyed by fire, hurricane, etc.) 4. Employees orinterns may be responsible for any property damage unless caused by circumstances beyond the control of the user/occupant, and must keep the housing unit clean and orderly at all times. County staff or contractors under contract with the County, at the County's request, may enter the residential unit at anytime for the purposes of inspection, maintenance, and / or repair. 5 The Department of Facilities Management shall manage the units, including but not limited to: scheduling the occupants, maintenance and repair, pest control, cable, water service, electric service, burglar alarm system, lawn service and janitorial service between occupancy. Additionally, the Department will furnish each unit with appropriate furniture. 6 Each occupant will enter into a Use Agreement with the County that will include, but not limited to: A Term of the Use Agreement B Costs Agenda Item No. 16E3 March 28, 2006 Page 4 of 4 CMA Temporary Residential Housing Page Two C That the County shall not be responsible for damage to any tangible property of the occupant. E Indemnity and hold harmless provision wherein the occupant shall hold harmless and indemnity the County for damages that may occur as a result of the occupanfs use of the premises including damages to the occupant' s i?~r,son or property, That any injury to the occupant as a result oft1:teoccupant's use of the property shall n()tqualify as a covered Worker'sCompensation expense under Chapter 440, Florida Statutes. Use of the,premises shall be strictly limited to residential use, which prohibits any business use. o 7 The occupant is responsibleto< pay to the County. a flat charge of twenty dollars per day which includes usagerJee, water serviCe, electriy service, lawn service, basic cable and furnishings. Multiplejnterns may be aSsigned to one residential unit (up to one person per room). When two or more interns are assigned to a unit, eachs'uch intern will pay theCounty ten dollars per day. When only one interrLoccupies the, unit, the flat charge shall be thirteen dollars per day. The use fee shall be paid one month in advance (with the exception of interns who will pay at the' end of each month) payable to the Board of County Commissioners. The revenues will be". directed to the Parks and Recreation Department. The County Manager will review and adjust the charges every two years as necessary. 8 The County Manager has the authority to amend this policy as he deems necessary. C. . CURRENCY OF THIS POLICY. The Department of Facilities Management is responsibleJor maintaining the currency of this Instruction. D. AUTHORIZATION. Authority for this Policy and Procedures was delegated by the Board of County Commissioners on March 28, 2006, BCC Agenda Item 2 Agenda Item No. 16E4 March 28, 2006 Page 1 of 8 EXECUTIVE SUMMARY Authorize the release of Work Order #PBS-02-52, in the amount of $178,450.00, issued to Wall Systems Inc. of South West Florida, doing business as Professional Building Systems (PBS). This work order is for remodeling the Risk Management clinic and office areas in Building "0" and is issued under Annual General Contractor Contract RFP # 02-3349. OBJECTIVE: That the Board of County Commissioners authorizes the release of Work Order #PBS-02-52, in the amount of $178,450.00, issued to Wall Systems Inc. of South West Florida, doing business as Professional Building Systems (PBS) for remodeling the Risk Management clinic and office areas in Building "0". CONSIDERATIONS: On November 15, 2005, agenda item 16(E) (6), The Board approved, 5/0, the award of RFP #05-3748R for "Onsite Primary Care Health Services" to Vocatus Medical Management Services of Naples, Florida. The purpose of the RFP was to provide onsite health care services to County employees enrolled under the Collier County Group Insurance Plan. Part of the Executive Summary included remodeling the existing Risk Management clinic and office areas to accommodate this new employee health care benefit. On February 14, 2006, the Purchasing Department sent out a Request for Quotation to the four general contractors listed under the annual general contractor contact. A non-mandatory pre-bid meeting was held on February 22, 2006 and two contractors responded to the Request for Quotation by the 2:30 pm March 8, 2006 deadline with the following results: ITEM VARIAN CONSTRUCTION PBS Base Bid 180,650.00 172,500.00 Alternate 6,250.00 5,950.00 TOTAL: $186,900.00 $178,450.00 As required by Purchasing policy, all annual general contractor work orders over $50,000.00 need Board approval and County Attorney review and approval before being released to the contractor. FISCAL IMPACT: The total cost of this project is $178,450.00. Funds are available in Fund 517, Fund Center 121640, WBS Element 762200. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. "",,--, Agenda Item No. 16E4 March 28, 2006 Page 2 of 8 RECOMMENDATIONS: That the Board of County Commissioners authorize the release of Work Order #PBS-02-52 to Wall Systems Inc. of South West Florida, doing business as Professional Building Systems (PBS) after review and approval by the County Attorney's Office. PREPARED BY: Bob Pierce, Facilities Management Department ,~-. Item Number: Item Summary: Meeting Date: Agenda Item No. 16E4 March 28, 2006 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E4 Authorize the release of Work Order #PBS-02-52, in the amount of $178,450,00 issued to Wall Systems lnc Df South West Florida, doing business as Professional Building Systems (PBS). This work order is for remodeling the Risk Management clinic and office areas in Building 0 and is issued under Annual General Contractor Contract RFP # 02-3349 3128120069:00:001\M Project Manager Date Prepared By Bob Pierce AdministratIve Services Facilities Management 3116120068:54:31 AM Risk Management Director Oafe Approved B)' Jeffrey A. Walker, CPCU, ARM Administrative $ervk;es Risk Management 3/16120068:57 AM Pat Pochopin Administrative Assistant Date Approved By Administrative Services Facilitios Managame-nt 3116/20069:06 AM Approved B)' Skip Camp, C,F .M, Facilities M21nag~mellt Director Date Administrative Services Facilities M6nagement 3/16/20069:55 AM Damon Gonzales Interim Facilities Manager Date- Approved By Administrative Services Facilities Management 31161200610:23 AM Approved By Contracts Agent Da" Li nda Best Administrative Services Purchasing 3116/20062:12 PM Steve Carnell Purchasing/General Svcs Director DAte Approved By Administrative Services Purchasing 3/16(2006 :1:50 PM Len Golden Price Administrative Servlce~ Administrator Date Approved By Adminisrrativ(i Services Administrative Services Admin, ,116120064:28 PM Approved B~' OMS Coordinator County Manager's Office Adminlstratlva Assistant Date Office of Management & Budget 3/11120068:16 AM Michael Srnykowski Management & Budget Director Date Approved By County Manager's. Office Office of ManagC]frumt & Budget 311712006 4:03 PM Appro,'cd B~' James V. Mudd Board of County Commissioners County Manager Date County ManOlger's Office 3/17/20066:23 PM RFQ under 02-3349 - Clinic Rr 'Ivations for Risk Management Agenda Item No. 16E4 March 28, 2006 Page 4 of 8 COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: March 1. 2006 @ 2:30 p.m. The undersigned, having carefully examined the Contract Documents entitled Collier County ADA Clinic Renovations for Risk Management, Naples, Florida, issued by Victor J. Latavish AlA Architect dated 12-30-05 and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform operations necessary to complete the Work as required by said proposed Contract Documents, for the stipulated sums of: Base Bid, the Lump Sum (in words): One Hundred Seventy Two Thousand Five Hundred and No Dollars. $ 172,500.00 Total Base Bid TIME Contractor proposes to complete the Work within the following number of calendar days from noticE. to proceed or receipt of building permits, whichever occurs later: Total Construction Time: 110 ~ Calendar days The undersigned understands and agrees to comply with and be bound by Contract Documents issued for this Work. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 8th March . 2006 in the County of Collier 1 in the state of Florida day of Wall Systems Inc of SW FL dba Professional Building Systems Firm's Complete Legal Name Phone No. 239/643-6527 FAX No. 239/643~4293 Email: idecker@pbs.contractors.com 4395 Corporate Sqaure Address 41 4 tate, BY: Signature Project Manager Title .Tim Df'~ker Name Typed/Printed 3/8/06 Date 4 RFQ under 02-3349 - Clinic R" 'wations for Risk Management Agenda Item No. 16E4 March 28, 2006 Page 5 of 8 COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION ALTERNATE III PROPOSAL PAGE DUE DATE: March 1,2006 @ 2:30 p.m. The undersigned, having carefully examined the Contract Documents entitled Collier County ADA Clinic Renovations for Risk Management, Naples, Florida, issued by Victor J. Latavish AlA Architect dated 12-30-05 and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform operations necessary to complete the Work as required by said proposed Contract Documents, for the stipulated sums of: Base Bid, the Lump Sum (in words): Five Thousand Nine Hundred' Fifty' and No Dollars. $ 5.950.00 Total Base Bid TIME Contractor proposes to complete the Work within the following number of calendar days from notice to proceed or receipt of building permits, whichever occurs later: Total Construction Time: 110 Calendar days The undersigned understands and agrees to comply with and be bound by Contract Documents issued for this Work. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 8th day of March , 2006 in the County of Collier , in the state of Florida Wall Systems Inc. Of SW FL dba Professional Building Systems Firm's Complete Legal Name Phone No. 239/643-6527 FAX No. 239/643-4293 BY: Email: jdecker@pbscontractors.com 4395 Corporate Scp'al'e. Address Naples. FL 34104 .. City, (0te, Signature Proiect Manager Title Jim Decker Name Typed/Printed 1/8/06 Date 4 FROM : !JAR I AN CONST Ha~ U~ U~ Ubf4~a Agenda Item No. 16E4 March 28, 2006 PHONE NO. : 239732121820 Mar. 00 2006Pll!l~P2 Ym J Va~~an ~~~ ~~c ~~~~ p.l RFQ under 02-3349. Clinic Renovations for Risk Management COLLIER COUNTY FLORIOA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: March 1. 2006 a 2:30 D.m. . The undersigned. having carefully examined the OOl1lsad Documents entftJed ';:;oIner County ADA Clihic Renovations for RIsk Management, Naples, Florida. issued by Vic:tcr-J. Latavish Aii\ Architect dstecl12-30-05 ana having visifed the site and examined the conditions affecting the Wo~ hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to perform oper.itions necessary to oompfefe 'the Work as required by said proposed Contract Documents, for the stiputated sums of: Base Bid. the Lump Sum (in words): ONE HUNDRED EIGHTY THOUSAND SIX HUNDRED FIFTY DOLLARS AND 00/1 00 Dollars. $ 1 80, 650; 00 T~1aJ Base Bid TIME Contractor proposes to complete the Work within the foJlowing number of calendar days from notice to proceed or receipt of building permits. whichever occurs later: Total Construction TIme: ONE HUNDRED EIGHTY' ( 1 80 ) Calendar days 'ALTERNATE *1 PER PLANS: SIX THOUSAND TWO HUNDRED FIFTY DOLLARS AND 00/100---$6,250.00 The undersigned understands and agrees to compJy with and be bound by Contract Documents issued for this Work:. ~. IN WITNESS WHEREOF. WE have hereunto subscnbed OUr names on this /!J day of t'V\Alt<..\.\- .2006 in the Count)' of. ~ fh~ . in th!3 state of Fc.uu.-.... . ~ . .J .. V ~dl_\Q,.1 (1... $.1 c,. ) yo; C- . F'um~ Complef8l.ega1 Name . . Pf10ne No. ~~, '7? ~ J l"l e, FAX No. z. ~4... 13? ""O.e.-z..~ Emair: {~~U l 'tf:l..@ ~al~ i.c.,...., 13Bo 2.g,' 57. S. ~. Address .o~lo $' pre... 341/ f BY: _( ~ ~ Stata, Zip () lit . Signature V. LOS'.o6l'.) 'T . ~ TitJe W J Lt... \ Q \IV\. :j. \/4.2... \ I\...l '3 /"10 t.. Name TypedlPrfnted Date 4 Agenda Item No. 16E4 March 28, 2006 Page 7 of 8 WORK ORDER i PBS-02-52 "General Contractor'. service." Contract #02-3349, dated JUne 11, 2002 This Work Order is for General Contractor's Services, subject to the terms and condi tions of the Contract referenced above, for Work known as: Clinic Renovations for Risk Management, Bldg. "Dn. PROJECT: The work is specified in the Request For Quotation due March I, 2006 at 2:30 p.m.and construction drawings by victor Latavish,. AlA, Architect, project number 05-412. These documents are attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #PBS- 02-52 is assigned to Wall Systems Inc. of SW FL, DBA Professional Building Systems. Scope: Contractor to provide labor and materials for clinic and office renovations per Architectural drawings from victor J. Latavish AlA Architect, project number 05-412. Schedule of Work: Complete within 110 days after obtaining building permit. Liquidated Damaqes: NONE Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. LUMP SUM FEE $ 178,450.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: p~ Bob Pierce, Project Manager Facilities Management Department 515ft" . . Date Agenda Item No. 16E4 March 28,2006 Page 8 of 8 Work Order #PBS-02-52 Page 2 of 2 REVIEWED BY: . .~~ Skip~~~~rr~{or Facilities ManagemenF Department Date APPROVED BY, ~L.... . eff Walker, Director Risk Management Department $b-;t,.-'- Date Wall Systems Inc. of SW. FL. DBA Professional Building Systems '/ ",. . ""- _..- .1".-:.1 _ ~ :::- :::-: -::;: . _/~' ~~~:~: c:et~1/ ..,BY.~~ ~ ' :-;.-' - ;;~~6 ~/U?- ~~/rr"',4S Typed Name and Title By: (or) .-" (2) /J!fJ:@.~~~r~~ .... L/~ 731 b"-cP/ ~ ( Pr ir ~.~;~:: J UNDA J. BIONDINO :./I!i.~ ,.: MY COMMISSION # DO 215445 ~~.~.;..j EXPIRES: September 23, 2007 ""~fff,:r.-~'~ Bonded Ttvu Notary Public lJnOerwriters (1) \ Approved as to Form and Legal Sufficiency: Tom Palmer Assistant County Attorney Agenda Item No. 16E5 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a budget amendment to Fund 516, Property and Casualty Insurance, in the amount of $12,530,280 to pay the cost of property insurance claims related to Hurricane Wilma and to recognize corresponding reinsurance and FEMA recoveries in the amount of $12,492,780. OBJECTIVE: The objective is to receive approval of a budget amendment to Fund 516, Property and Casualty Insurance, to fund the cost of insured losses related to Hurricane Wilma and to recognize expected reinsurance, FEMA and State of Florida revenues. CONSIDERATIONS: The Risk Management Department administers a partially self-funded property and casualty insurance program. The program includes excess property insurance coverage to pay claims related to tropical storms, hurricanes, and wind related storm events. The program has a maximum wind deductible of $2,500,000 per occurrence. For buildings under construction, Collier County purchases Builders Risk Insurance. This program has a separate 2% wind deductible. Hurricane Wilma made landfall in Collier County on the morning of Monday, October 24, 2005. As a result, the County incurred significant loss to insured property. The repair or replacement of damaged property has been coordinated between the affected departments; the Finance Department; and the vendors utilized to make needed repairs. On November 29,2005 the Board approved a budget amendment in the amount of $2,600,000 to fund the maximum deductible under the property insurance program ($2,500,000) and an additional $100,000 for losses under the Builders Risk program. To date, the County has paid $1,923,769 in claims expenses. Johns Eastern, the county's adjusting company, has estimated that ultimate paid losses under the property insurance program will be $14,730,280. Estimated paid losses under the Builders Risk program are expected to be $400,000. Thus, total estimated losses for all programs are expected to be $15,130,280. In order to promote efficiency, it is recommended that claims be processed through the County's Property Casualty Self Insurance Fund. As claims estimates and/or invoices are approved, a request for reinsurance funds will be made to the excess carrier(s) and these reinsurance funds will be used for claims payment. Therefore, in order to facilitate this claims payment process, a budget amendment in the amount of $12,530,280 is needed. This figure reflects ultimate projected losses of $15,130,280 less the $2,600,000 budget amendment already approved. Corresponding revenues from reinsurance recoveries are expected to be $12,230,280. Additional revenues from FEMA and the State of Florida are expected to be $262,500. Thus, total recoveries from all sources are expected to be $12,492,780. The difference between estimated claims payments and estimated revenue recoveries ($37,500) will come from property casualty reserves. ,~_., It is hoped that no further budget amendments will be necessary; however, if actual repair costs vary significantly from current estimates, the budget may require further amendment. Agenda Item No. 16E5 March 28, 2006 Page 2 of 3 Risk Management will submit a final claim report to the Board documenting claims paid as part of Resolution 2004-15. Unused funds, if any, will be returned to reserves. FISCAL IMPACT: Funds are available in Fund 516, Property and Casualty Reserves; from FEMA; from the State of Florida; and from reinsurance carriers for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve a budget amendment to Fund 516, Property and Casualty Insurance, to fund the cost of claims related to Hurricane Wilma in the amount of $12,530,280. SUBMITTED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Item Number: Itam Summary: Meeting Date: Agenda Item No. 16E5 March 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E5 Recommendation to approlle a budget amendment to Fund 516, Property and Casualty Insurance, in the amount of $12,530.280 to pay the cost of property insurance claims related to Hurricane Wilma and to recognize corresponding reinsurance and FEMA recoveries lO the amount of$12,49Z,780 3/28/2006900:00 AM Risk Management Dir~ctor Date Prepared By Jttffrey A. Walker. CPCU, ARM Administrative Servlceil Risk Management 3114120069:51:06 AM Risk Management Director Date Approved By Jeffrey A. Walker, CPCU, ARM Admlnlstratl~fl Snrv~ces Risk Managflment 3115120068:11 AM Len Golden Price Adll'linistrathie S~rvices Administrator Date Approved By Administrative Services Administrati....e Services Admin. 3/16/2006 4:31 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3117120068:08 AM Michaol Smykowski MAnagement & Budget Director Dale Approved By County Manager's Offi(>e Office of Management & Budget 3/21120069:38 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3l21/2006 1;10 PM Agenda Item No. 16F1 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #06-3951 HORTICULTURE DEBRIS HAULING AND DISPOSAL TO WHERRY TRUCK LINES, INC OBJECTIVE: To award Bid #06-395 I for HOlticulture Debris Hauling and Disposal to Wherry Truck Lines, Inc. CONSIDERA TIONS: ."....-.... 1. On February 3, 2006 invitations to bid were sent to fifty (50) contractors. The Bid opening was held February 24,2006 and three (3) proposals were received. 2. Staff has reviewed the proposals and finds the lowest Bidder to be Wherry Truck Lines, Inc. The proposal from this low Bidder meets all specifications of the Bid, therefore, staff recommends that Bid #06-395 I be awarded to Wherry Truck Lines, Inc. FISCAL IMP ACT: The fiscal impact for Bid #06-395 I is $40,000 with funds available in the Pelican Bay Operating Fund. GROWTH MANAGEMENT IMP ACT: None RECOMMENDATION: That the Board of County Commissioners award Bid #06- 3951 for Horticulture Debris Hauling and Disposal to Wherry Truck Lines, Inc. Prepared by: Kyle Lukasz Pelican Bay Services Division /..--.. Agenda Item No. 16F1 March 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F1 Meeting Date: Recommendation that the Board of County Commissioners award Bid #O6~3951 Horticulture Debris Hauling and D'lsposal to Wherry Truck Lines, Inc.. for Pelican Bay debris cleanup. 3128120069:00:00 AM Prepared By Kyle Lukasz Operations Manager Date County Manager's Office Pelican Bay Services 3/3/20068:32:14 AM Approved B:y Jean C.Smith Operations Analyst Date County Manager's Office Pelican Bay Services 3/3120068:54 AM Approved By Jack p, CurrAn Purchasing Agent Date Administrative Services Purchasing 3'16/2006 2:0D PM Approved By Mikf! Hauer Acquis.ition Mt!nllger Dale Administrative SelVices Purchasing 3116/20062:04 PM Approved By OMB Coordinator AdministratiVE! Assistant Dale County Manager's Office Office of Mam,gemem & Budget 3/17/2006 7:55 AM Approved By Michael Smykowskl Management & Budgat Director Date County Manager's Office Office of Management &. Budget 3.'1712006 9:59 AM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 3117/20062:04 PM Approved By James V. Mudd County Manager Date Board of County Cor'lmissiollers County Manager's Office 3/17/20062:45 PM r .-c'oC'? ~g~ ~ ~ ..... N C'?:. .. '0 o eX:; aiE: 'E -~ Z~~ ~o:: ~ u D..en :J en 2m ~ g:!2 -.,- .- Cl co co2 "0 - -g zg>~ ~ o~z <( Qj~ .cO' E a> :JO:: Z 0 Z i..; a> e>N Rl U> c: ro Rl":'::: ~3 1:5 Q) "~~ ... 0- Iii en o 0- en o e> c :J Rl I .~ .a a> o .....Iii ~2 ";>"3 <D .~ Ot '0 0 iDt= a> ci a>E t=: a>- >. .~ '0 ~ ~ a> U.(/) g. '9.- ~ al a>..:.::: ~ U> c:'O a> C a> :J ... e ~~ ..:.::: u :J '::ci ~E ... - a> en .e a> ~3 oa C') ,5 "5 C'lI J: III 'i: ,Q ~ C E :s <OJ :; U :e o "f .... 10 . 0):.. M C'lI . Ul 8 ~ 'C III iDe o '00 L- . RlO >-C'? L- a> 0- w o o tI7 o E~ Rl<D >-1.0 L- a> 0- w o ot17 1.0 E~ RlO >-..... ... a> 0- w o U :J ro :r: '0 Rl o ...J I I 1Il 'i:: .c a> o g~ ....a .e-s t; "~ 0t CI> 0 CI E Rl >- L- a> 0- +-' 1Il o o '0 ... co >- L- a> 0- w o o >- o C"") ~ 'O)>-z Z >- o :-;>-~ a> Z Z >- o :-;>-::'f a> Z Z tI7 Iii 1Il ~ 1Il B '0 c: Rl '0 a> rn E ti a> '0 c: Rl Iv> '2 a> .~ Rl 'E o u oID 1Il c: 5:ffi "- C en 0 ~ u E (j) '00- ~~ ":; ~ o ... D:I~ c: .Q rn E'O en ... ~ E .E -0' L- C a> a>+-,~ I- u 0 +-' co c: c.:=:~ a> C u 1~8 ~ Rl - E 0- Rl :J Q.~ -g E ~ Q) 0'0'0 L-'O'O O-~~ ~ Z " ~ ~ ~ '~ ~~ i\ .~~ "~~ \~ ~ '" :0;:: .V:: ""~ ~ \'~.~ ~'"-'~) l::: :J C U .Q c::: -6E " a> ..> 'E a> I~ .~ !~ ffi g' 'Vi u; Rl 1Il .ea> u c: ... +-' cr~ Agenda Item No. 16F2 March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Modification to the Fiscal Year 2006 Emergency Management Preparedness and Assistance Grant accepting $42,018 and approve a Budget Amendment to recognize and appropriate the revenue. OBJECTIVE: Board of County Commissioners approval of a modification to the FY 06 Emergency Preparedness and Assistance Grant accepting $42,018 in Federal Funds and approval of a budget amendment needed to recognize and appropriate the revenue. CONSIDERA TIONS: The Federal Emergency Management Agency (FEMA) through the Florida Department of Community Affairs annually makes funds available for local emergency management programs. The County has been awarded $42,018 in Federal funds for FY -06 through a modification to the existing Emergency Preparedness & Assistance Grant, Agreement #06BG-04-09-21-01-065, approved by the Board of County Commissioners on November 1, 2005 Item 16.F.3. The acceptance of these Federal funds requires a dollar for dollar local government match which has been provided for within Emergency Management's General Fund operating budget. For FY -06, $41,900 was anticipated from this source and was budgeted for salaries and benefits in the Emergency Management General Fund operating budget. The additional $118 of Federal funds will be recognized and appropriated by budget amendment. FISCAL IMPACT: An increase, by budget amendment, of $118 to the FY-06 Emergency Management General Fund (001) operating budget. The local match of $42,018 is included in the FY -06 Emergency Management General Fund (001) operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a modification to the FY -06 Emergency Preparedness and Assistance Grant accepting $42,018 and approve a budget amendment to recognize and appropriate the revenue. Prepared by: Darcy Waldron, Sr. Administrative Assistant Department of Emergency Management .- Item Number: Item Summary: Meeting Date: Agenda Item No. 16F2 March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Recomrnenctallon 10 approve a Modification to the Fiscal Year 2006 Emergency Management Preparel1ness & Assistance Grant accepting $42,018 and approve a Budget Amendment to recognize and appropriate the revenu~ 3128120069:00:00 AM Senior Administrative Assistant Date Prepared By Darcy Waldron County Manager's Office Emergency Management 3/812:0069:21 :11 AM Approved By Senior Administrative Assistant Date Darcy Waldron County Manager's Office Emergency Management 318/200S 9:14 AM Len Golden Price Administrative Services Administrator Date Approved By Administrative Services Administrative Services Admin. 319/20064:09 PM Approved By Thomas Palmer County Attorney Assistant County Attorney Date County Attorney Office 3/13/200612:07 PM Dan E. Summers Bureau ot Emergency Services Director Date Approved B:r County Manager's Office Bureau ot Emergency Services 3/14/20064:15 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3/15/2006 12:14 PM Management & Budget Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 3/16/20063:27 PM Leo E. Ochs. Jr. Deputy County Manager Date Approved By Board of County Commissioners County Manager's Office 3/16/20064:51 PM Agenda Item No. 16F3 March 28, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment and authorize negotiation of a Professional Services Work Order with BSSW Architects (Contract #01-3235) not to exceed $78,000 and authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates (Contract #01-3290) not to exceed $110,000 for a new Emergency Medical Services facility, Project #55160. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida approve a Budget Amendment and authorize negotiation of a Professional Services Work Order with BSSW Architects not to exceed $78,000 for a new EMS facility located within the Heritage Bay PUD and authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates for the site civil engineering related to that facility. CONSIDERATIONS: Collier County owns 7.73 acres of land (Site) located north of the intersection of Collier Boulevard (C.R. 951) and lmmokalee Road within the Heritage Bay PUD. A Location Map is attached for reference. The Site was dedicated to the County as "Tract 'G' (Government Purposes)" on the plat of Heritage Bay Commons recorded June 8, 2005. On July 29, 2003, the Board approved Ordinance #2003-40 establishing the Heritage Bay PUD. Section II, Paragraph 2.22 of the Heritage Bay PUD Document attached to this Ordinance provided for the donation of the Site to the County. - As part of the 2005 AUIR, the Board of County Commissioners directed Emergency Medical Services Department to accelerate the purchase and construction of new growth units to bring the level of service up to the goal of 8-minute response 90% of the time based on weighted population levels. The Board directed that four new stations be brought on line in FY 07, two in FY 08 and one each in FY 09 and FY 10. It has been determined that the Heritage Bay property would be a desirable site for one of the four stations to be brought on line in FY 07. A preliminary site map is attached. The scope of this project involves designing, permitting, constructing and outfitting the facility with a preliminary estimate of $1.8M. In order to initiate design quickly, it is proposed to negotiate a Professional Services Work Order with BSSW under a fixed term contract as they have designed other EMS stations, including EMS # 19 currently under construction. Their fee is expected not to exceed $78,000. It is also proposed to negotiate a Professional Services Work Order with Q. Grady Minor & Associates under a fixed term contract for the site civil engineering related to the facility for an amount not to exceed $110,000. The bulk of the funding will be requested as part of the FY 07 budget process based on a more detailed estimate. However, a Budget Amendment is necessary at this time to negotiate the work order with BSSW and Q. Grady Minor & Associates in the amount of $188,000. FISCAL IMPACT: Funds totaling $188,000 will be transferred from Fund 350 EMS Impact Fees to the project budget for EM S #41 (#55 160), Fund 350. - GROWTH MANAGEMENT IMP ACT: This project will benefit the County and is consistent with and further the goals, objectives, and policies of the Collier County Growth Management Plan. Agenda Item No. 16F3 March 28, 2006 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners: 1. Approve a Budget Amendment; 2. Authorize negotiation of a Professional Services Work Order with BSSW not to exceed $78,000; and 3. Authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates not to exceed $110,000. PREPARED BY: Jeff Page, Chief, Emergency Medical Services and Ron Hovell, P.E., Principal Project Manager, Facilities Management Item Number: Item Summary: Meeting Date: Agenda Item No. 16F3 March 28, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Recommendation to approve a Budget Amendment and aulhorize negotiation 01 a ProfeSSional Services Work Order with BSSW Architects (Contract #0 1-3235) not to exceed $78,000 and autt10nze negotiation of a Professional Services Work Order with Q. Grady Minor & Associates (Comract #01-3290) nollo excee1.1 $110,000 for a new Emergency Medical Services facility. Project #55160 3/2812U06 9:00:0U AM EMS Chief Date Prepared By Jeff Page Bureau of Emergency Services EMS 3113fZ006 9:50:42 AM Approved By Contracts Agent Date Linda Best Administrative Services Purchasing 3;13!200611:17 AM Ron Hovel! Principal Project Manager Date Approwd By Administrative Services Facilities Management 3'13/20062:28 PM Kelsey Ward Senior Purchasing and Contracts Agent Date Approved By Administrative Services Purchasing 3/13/2006 3:53 PM Approved By Jeff Page Bureau of Emergency Services EMS Chief Date EMS 3!13/2006 5:09 PM Darcy Waldron Senior Administrative Assistant Date Approved By County Manager's OffiCE! Emergency Management 3/14/20064:28 PM Bureau of Emergency Services Director Date Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services 3,151200611:59AM Administrative Assistant Date Approved B}' OMS Coordinator County Manager's Office Office of Management & Budget 3f15f200612:25 PM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 3/20120069:48 AM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 3f20/2006 11 :21 AM Deputy County Manager Date Approved 8)' Leo E. Ochs, Jr. Board of County Commissioners County Manager's Office J/20f2006 3:48 PM Agenda Item No, 16F3 March 28, 2006 Page 4 of 5 i:.=~~~~=~=~=-~-~~~=~-~~-===~~-=---------------'----'-----------.-.-------------- ----------, ----------------------------..--------1 I I ; ; \~!hl <; ;:: ~=----=~=--==-~----- . ._~J. UC-l '~~ / \ I 8 rI:::-;--=::-U----------u-:=- ..lJ . . __ .1L. -'-- CL~ -. - ~\ .-/ ~ -, - ~ C) ~------=-T? - c~ 'Jl-- .1;:-,_ 4~~ ~:.. !:~:~ 1;-, ~ i I ~/ /~~ I ,--- I C ~ I --, /" L,~~"-I i '-b / ( '/ =~~===r "i I ." '," ~r p. . ~ ' . ~ ...... - Hcri\aj!c IhlY Sire ~ 7. 7:teres ~ ,:,;iJ~: '''''<0< Nonh Cuunt)" l;",'crnmcnl Ccrllcr I: ~ '; ~:~,...;~'7~::,~;. "c-:-.~ ,~- (",. r' ,~"-' :; "''''''';0'' t '.' [; ~..._,... :,J: {'lInN-ill Sjl~ I'hlm' "'lm",...r~ .._--_._------_.--_..~.._._._..,---------._------------'.---.-.....:: ) --..... \: I \ : \ I I I : I I I I : I I J I II I I I I I , --~--...-"'" . ' ~- Agenda Item No, 16F3 March 28, 2006 Page 5 of 5 FUll / ( . i I .J I II I JI I ! I ___._ . ..co::::,'::::,::::"! I ._.__,,___.______ _.___m__ 1 i Agenda Item No. 16F4 March 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to reallocate real property purchased under the Vanderbilt Beach Road 6-laning project (Project No. 63051) to Collier County Emergency Medical Services to utilize for the construction of EMS Station 72, Project 55150, approve a Budget Amendment in the amount of $420,000 and authorize negotiation of a Professional Services Work Order with BSSW Architects (Contract #01-3235) not to exceed $40,000 and Q. Grady Minor & Associates (Contract #01-3290) not to exceed $130,000. OBJECTIVE: To approve the transfer of funds required to reallocate real property, located at the southeast corner of Vanderbilt Beach Road and Logan Boulevard, previously purchased under the Vanderbilt Beach Road project (63051) to Collier County EMS for the construction of EMS Station 72 and to approve a Budget Amendment for $420,000 to cover both the purchase price of the property including closing costs, a Professional Services Work Order with BSSW Architects (BSSW) for the design of the facility and a Professional Services Work Order with Q. Grady Minor & Associates for the site civil engineering related to the facility. ".-", CONSIDERATIONS: On February 10,2004, as part of the Vanderbilt Beach Road widening project, the Board of County Commissioners authorized the purchase of property located at the southeast corner of Vanderbilt Beach Road and Logan Boulevard. At that time, the property contained a dilapidated house on 3. 185 acres, and was purchased for a total of $328,000.00 or $102,982.73 per acre. Right-of-Way was set aside for Vanderbilt Beach Road and for Logan Boulevard along the northern and western boundaries of the property. The house was used as a training facility by the local fire control and rescue district and later demolished. After designating the future right-of-way needs, the remaining parcel contains 2.4141 acres and is considered a prime location by the Collier County EMS Division to build a future EMS station. An EMS station at this location will greatly reduce the response time to the surrounding areas. The Emergency Medical Services Department desires to "purchase" the remaining 2.4141 acres from the Transportation Division at the same unit price originally paid of $102,982.73 per acre or a total of $248,610.60. A Budget Amendment is required to provide funds for the purchase price plus $1,389.40 for closing costs, for a total of $250,000. In order to initiate design quickly, it is proposed to negotiate a Professional Services Work Order, not to exceed $40,000, with BSSW under a fixed term contract as they have designed other EMS stations including EMS # 19 currently under construction. It is also proposed to negotiate a Professional Services Work Order, not to exceed $130,000, with Q. Grady Minor & Associates under a fixed term contract for the site civil engineering related to the facility. Total remaining costs of the project for permits, construction, and outfitting the facility are estimated, at this time, to be $1.8 million. Funding will be requested in the Emergency Medical Services Fiscal Year 2007 budget, and will be based on a more detailed estimate. .- Agenda Item No, 16F4 March 28, 2006 Page 2 of 4 FISCAL IMPACT: Funds totaling $420,000 will be transferred by Budget Amendment from Fund 350 - EMS Impact Fees to the project budget for EMS #72 (#55150), Fund 350. $248,610.60 for the purchase of the property will be transferred to the Vanderbilt Beach Road Project (#63051). GROWTH MANAGEMENT IMP ACT: This project will benefit the County and is consistent with and will further the goals, objectives, and policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the transfer of approximately 2 acres from the Transportation Division to the EMS Department at an approximate cost of $250,000 including fees; 2. Authorize a Budget Amendment for $420,000 to both purchase the property and initiate design and engineering; 3. Authorize negotiation of a Professional Services Work Order with BSSW Architects not to exceed $40,000; and 4. Authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates not to exceed $130,000. Prepared By: Jeff Page, Chief, Emergency Medical Services and Ron Hovell, P.E., Principal Project Manager, Facilities Management ~ Item Number: Item Summary: Meeting Date: Agenda Item No. 16F4 March 28. 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F4 Recommendation to reallocate real property purchased under It18 Vanderbilt Beach Road 6- lanlng project (projecl No 63051) 10 Collier County Emergency Medical Services to utilize for the construclion of EMS Station 72. Project 55150 approve a Budge! Amendment in lhe amount of $420000 and authOrllB negotiation of a Prnfesslonat SSr\lIC8S Work Order with BSSW Architects not to exceed $40,000 and Q. Grady Minor & Associates nallo exc~ed 5130000 3128/20069:00'00 AM EMS Chief Date Prepared B}' Jeff Page Burnau of Emergency Services EMS 3/1Jr2006 9:59:14 AM Linda Best Contrac.ts Agent Dat~ Approved By Administrative Services Purchasing 3!13!200G 11 :18 AM Ron Hovell PrinCipal Project Manager Date Approved B)' Administrative Services Facilities Management 3/13/20D6 2:28 PM Kelsey Ward Semor Purchasing and Contracts Agent Date Approved By Administrative Services Purchasing 3/13J2006 3:53 PM Approved By Jeff Page Bureau of Emergency Services EMS Chief Date EMS 3/13/20065:10 PM Norm E. Feder, Alep Transportation Divis.ion Administrator Date Approved By Transportation Services Transportation Services. Admin. 3114120069:40 AM Sharon Newman Accounting Supervisor Date .~. Approved B}' Transportation Stirvicus. Transportation Services Admin 3!14/2006 3:34 PM Usa Taylor Management/Budget Analyst Date Approved By Transportation Services Transportation Administration 3115/20064:44 PM Najeh Ahmad Director Date Approved By Transportation Services Transportation Engineering & Construction Management 3'16/20067:28 AM Darcy Waldron Senior Administrative Assistant Date Approved By County Manager'g Office Erl1ergpney Management 3!16/2008 9:24 AM Dan E. Summers Bureau of Emergency Servic~~s Director Dale Appnlvcd By County Manager's Off'jce Bureau of Emergency Services 3116,'20069:27 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's; OfhcfJ OfflCH of Managemfinl & Budget 3116/200610:08 AM Susan Ushtlr Senior Management!Budget Analyst Date Approved BJ' County Manager's Office Office of Management & Budget 3/201200[, 9:04 AM Michael Smykow.ski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budgel 3/20/200611:16AM Leo E. Ochs. Jr Deputy County Manager Date Approved By r- Board of County CommISSIoners County Manager's Office 31201200G 3:15 PM Agenda Item No. 16F4 March 28, 2006 Agenda Item No. 16F5 March 28, 2006 Page 1 of 4 -- EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners award Bid #06-3948 Oakmont Retaining Wall to International Contracting, LLC. and to approve a budget amendment in the amount of $134,800.00, project 51104 and to authorize the Chairman to sign the standard contract after review by the County Attorney. OBJECTIVE: To award Bid #06-3948 for Oakmont Retaining Wall to International Contracting Group, LCC, to approve a budget amendment in the amount of $134,800, project 51104 and authorize the Chairman to sign the standard contract after review by the County Attorney. CONSIDERA TIONS: ...-. 1. On February 3, 2006 invitations to bid were sent to one hundred and sixty eight (168) contractors. The Bid opening was held March 3, 2006 and two (2) proposals were received. 2. Staff has reviewed the proposals and finds the lowest Bidder to be International Contracting Group, LLC. The proposal from this low Bidder meets all specifications of the Bid, therefore, staff recommends that Bid #06-3948 be awarded to International Contracting Group, LLC. 3. Bid #06-3948 is for the replacement of an existing railroad tie retaining wall utilizing pressure treated lumber. The retaining wall is located along the Oakmont Lake Bank within the Pelican Bay Water Management System. FISCAL IMPACT: The fiscal impact for Bid #06-3948 is $134,800.00 with funds coming from the Phase IV Irrigation Project and the Pelican Bay Community Master Plan Project. GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award Bid #06- 3948 for Oakmont Retaining Wall to International Contracting Group, LLC., to approve a budget amendment in the amount of $134,800.00, project 51104 and to authorize the Chairman to sign the standard contract after review by the County Attorney. "'--"'- Prepared by: Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division Agenda Item No, 16F5 March 28, 2006 Page 2 of 4 Item Number: Item Summary: Meeting Date: Agenda Hem No. 16F5 March 28. 2006 Page3of4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F5 Recomrnefl(~ailon that :ne Board of Count,' Commissioners award Bid #OG~3g48 08kmont Retaining Walllr; Pelican Bay to International Con:racting LLC and 10 approve a budge! amencimen: the arnoum of $134800,00. project 51104 and to auihOrlze the Chalrm8f1 10 sign the stanclard contract after review by the County A\lorney 3!28/2006 9:00:00 AM Operations Manager Date Prepared By Kyle lukasz County Manager's OffIce Pelican Bay Services 3/131200612:01 :57 PM Dutf.' Approved By Jean C.Srnith County Manager's Office Operations Analyst PeliGan Bay Services 3113/20062:42 PM Operations Manager Date Approved By Kyle lukasz County Manager's Office Pelican Bay Services 3/1312006 2:50 PM Purchasing Agent Date Approved B)' Jack P. Curran Administrati....e Services Purcha~ang 3/15120068:28 AM AcqUisition Mant'tger Date Approved B)' Mike Hauer Administrative Services PurchaSing 3115120069:49 AM Administrative ASfiistant Datt' Approved B)' OMB Coordmator County Manager's Office Office of Management & Budgllt 3/151200612:30 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 3/16/20063:01 PM SenIOr Purchasmg <lnd Contrilcts Agent Datt:> Approved By Kelsey Ward Administrative Services Purchasing 3117/20062:07 PM Date Approved By Leo E. Ochs. Jr Board of County CommiSSioners Deputy County Manage, County Manager's OffIce 3/2012006 9: 11 AM r;{ l{) c.o ~ . ,I u.. 0 CQ .. .. --Oto-I"--o ~ ~ iIi -CJ COJ>> c::: CI.I 7NCTl(tla::: "'- CD- E f5(Q ll.. 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Q) 'c -0 -0 !! ~., S :0 c::: ..... \. .... - 0 :::l as 0 +:: () 0:: -0 eo 1:: - ~ ~ E c::: eo I." c lJ) ..... ..c::: ::!: 0 -0 ..... f!! c::: ,g 0 Q) Q) Q) ., .;:: E w ~ ..... .9 .~ c::: m :::l .llI: c::: CJ 0 U CJ U c: eo as c::: .Q a: c::: $ ~ X -0 0 0 13 ~ - UJ oS ~ c: +:: a.. ;j, :::l c: c: ~ 0Cl C ~ :::l c: 0 - 0 <( ~ ..... c: C eo CJ 0 C In 0 - () en :I ~ lJ) .Q in E ::2: .0 - c: CO') c: :::l -0 :::l c: lJ) . :e. ~ 0 ro ..J -0 c: m C/") Q) lJ) '(ij in co ... () ..... c: 0 E Q) eo III 0 U a.. 0 ~ .;:: - c::: ..c::: Q) I ii) Q) In Q) 0 .$ '(ij e c: " .$ ro 0 -0 -0 1ii - eo - ED Q) -0 III :::l :::l ~ C Ci5 ~ a::: I- <( co ::2: :.:::::i - C/") In a.. - CJ Q) .~ a.. ro ~ C) c: 'c 'n; Qj ~o::: 0> - C?5 co E o~ -0 eo coO Agenda Item No. 16F6 March 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment to fund the balance of replacement ambulances for the Emergency Medical Services Department in the amount of $171,000. OBJECTIVE: To receive approval from the Board of County Commissioners for a Budget Amendment to purchase one replacement ambulance at a cost of $177,000. CONSIDERA TIONS: The Collier County Fleet Department recommended the replacement of three ambulances and one Ford Expedition in FY 06. In FY 06, $550,000 was budgeted in Fund 490 Capital Reserves for replacement vehicles. On October 25, 2005, Agenda Item 16F4, a Budget Amendment was approved to transfer funds from Capital Reserves to Capital Expenditures for the purchase of two of the three recommended replacement ambulances in the amount of $360,000. A Budget Amendment for an additional $171,000 is needed to provide funds necessary for the third scheduled replacement ambulance. FISCAL IMPACT: Funds in the amount of $159,853.35 are available in Fund 490 Capital Reserves and the balance of $11,146.65 is available in Fund 490 Reserve for Contingencies, as approved by the Board on September 22,2005. GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners approve a Budget Amendment in the amount of $171,000 toward the purchase of one replacement ambulance for the Emergency Medical Services Department. PREPARED BY: Jeff Page, Chief, Emergency Medical Services "'-'"'. Item Number: Item Summary: Meeting Date: Agenda Item No. 16F6 March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F6 Recornmendaiion 10 approve a Budgei Amendmen'. to fund the balance of replacement ambulances for the Emergency Medical SerYlces Department in the amount of $171 .000 3.128/20069:00:00 AM EMS Chief Date Prepared By Jeff Page Bureau of Emergency Services EMS 3/15/20064:07:13 PM EMS Chief Date Approved By Jeff Page Bureau of Emergency Services EMS 3/15/20064:12 PM Darcy Waldron Senior Administrative Assistant Date Approved By County Mana~ler's Offic€ Emer~Jency Management J11S/20064:31 PM Dan E.. Summers Bureau of Emergency Servic(~s Director Date Approved By County Manager's Office Bureau of Emergency Services 3/16/2006 9:28 AM OMS Coordinator Administrative Assistant Date Approved By County Manager's OffIce Office of Management & Budget 3/16/200610:16 AM Michael Smykowski Managamant 8. Budg~t Director Date Approved By County Manager's Office OfficE' of Management & Budget 3'17'200611:50 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/201200612:49 PM Agenda Item No. 16F7 March 28, 2006 Page 1 of 8 APPROVAL OF BUDGET AMENDMENTS Bee Agenda of March 28, 2006 Ochopee Fire Department (146) Budget Amendment #06-163 Operating Expenses Other Contractual Services $25,000 Reserves Reserve for Capital ($25,000) Total -0- Explanation: Funds are needed to cover attorney's fees due to the Dwight Brock case. General Fund (001) Budget Amendment #06-174 Operating Expenses Minor Office Equipment $14,000 Reserves Reserve for Contingencies ($14,000) Total -0- ,,"'~- Explanation: Funds are needed to set up offices for newly appointed County Court Judge # 1. General Fund (001) Budget Amendment #06-175 Operating Expenses Minor Office Equipment $14,000 Reserves Reserve for Contingencies ($14,000) Total -0- EJq)lanation: Funds are needed to set up offices for newly appointed County Court Judge #2. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB ,.....- Page 1 of 1 .. .......:;,. Agel1~em No. ~ I <.~~IG~~~ B QUEST For BudadlFjJ!l!I)CC ~ Qply BAIL... ..D-':l- :~jLu.... m................................. BAR#.............................. A.P.lL Date....................... By Fund Number ::I /' Fund Description Date Prepared: 03-06-06 Approved by BCC on: Attach Executive Summary Item No.: Expense Budget Detail Fd CtrNo.: 919010 WBS No.: Fund Center Title: Reserves WBS Element Title: vide the Fund Center or WBS element information; it is not ulred to ide both. Fund WBS Commit Commitment Item Center Element Item Deseri tion 919010 993000 Reserve for Ca ital Revised Bud et $139,200 Net Change to Budget ($25,000) Food Center Title: WBS Element Title: Expense Budget Detail Ochopee Fire Control District Fd CtrNo.: 144380 WBS No.: (Provide the Fund Center or WBS element information; it is not reGuired to Drovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item DescriDtion (Decrease) Budl!et Budeet 144380 634999 Other Contractual $25,000 $65,000 $85,000 Services Net Change to Budget $25.000 Expense Budget Detail Fd CtrNo.: WBS No.: Fund Center Title: WBS Element Title: ide the Fund Center or WBS element informItion; it is DOt . to Fund WBS Commit Commitment Item Center Element Item Deseri tion Revised Bud et Net Change to Budget ~ ..,-~. Agenda Item No. 16F7 March 28, 2006 Page 3 of 8 Revenue Budget Detail Fund Center Title: WBS Element Title: ide the Fund Centa- or was elcmeol information; it is not to Fund WBS Commit Commitment Item Center Element Item Deseri non Fd Ctr No.: WBS No.: Revised Bud et Net Change to Budget EXPLANATION Why Are funds Deeded? To eover attorney's fees due to the Dwight Brock Case. Where are fuDds available? Reserve for CapitaL o REVIEW PROCESS Cost Center Director: ) Division Administrat 3> ~ Finance De artment: Clerk of Board Admin.: T REQUEST ~~:'~~~8~~i.:7.~ ~~~, JE#................................. BAR#..................... ......... A.P.H. Date....................... Agenda Item No, 16F7 d;;;l)f- <It- -- - .... lft1 1\ Di MAR 1 0 2006 IJIJ i In,v Fund Number 001 Fund Description General Fund Date Prepared: 3/6/06 Approved by BCC on: 3 - ~8 -0 Co Attach Executive Summ~ Item No.: I (p F 1 Fund Center Title: WBS Element Title: Expense Budget Detail New County Judge #1 Fd Ctr No.: 432050 WBS No.: (Provide the Fund Center or WBS element information; it is not reauired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 432050 640200 Mileage 200 0 200 432050 640300 Professional Dev 1,000 0 1,000 432050 641950 Postage 500 0 500 432050 647110 Printing 800 0 ~. Net Change to Budget Continued Fund Center Title: WBS Element Title: Expense Budget Detail New County Judge #1 Fd Ctr No.: 432050 WBS No.: (Provide the Fund Center or WBS element infonnation; it is not reQuired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 432050 651110 Office Supplies 500 0 500 432050 651910 Minor Office Equipment 500 0 500 432050 651950 Minor DP Equipment 500 0 500 432050 652110 Uniforms 500 0 500 Net Change to Budget Continued Fund Center Title: WBS Element Title: Expense Budget Detail New County Judge #1 Fd Ctr No.: 432050 WBS No.: (Provide the Fund Center or WBS element infonnation; it is not rCQuired to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 432050 65411 0 Books 1,000 0 1,000 432050 654210 Dues & Memberships 500 0 500 432050 654360 Other Training 500 0 500 432050 764900 Data Processing Equip 7,500 0 7,500 Net Change to Budget 14,000 ; ... r Agenda Item No. 16F7 March 28, 2006 Page 5 of 8 Revenue Budget Detail Fund Center Title: Reserves WBS Element Title: Fd Ctr No.: 919010 WBS No.: (Provide the Fund CenteT or WBS element infonnation; it is not required to nrovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budszet Bud2et 919010 991000 Reserves (14,000) Net Change to Budget (14,000) EXPLANATION: Why are funds needed? Funds are needed to set up offices for newly appointed County Court Judges. Where are funds available? Funds are available in General Fund Reserves. REVIEW PROCESS DATE Cost Center Director: Division Administrator: ="-'\- Finance De artment: Clerk of Board Admin.: ~,..""" . REQUEST ~~:~~~~~~~?1r~:. JE#. .................. .............. BAR#.............................. A.P.H. Date....................... Agenda Item No. 16F7 ?}rCh 28, h2~?~..L ILJtl'~ Fund Number 001 Fund Description General Fund Date Prepared: 3/6/06 Approved by BCC on: 3 - ). i -0 <a Attach Executive Summary Item No.: ---!lo-F 1 Fund Center Title: WBS Element Title: Expense Budget Detail New County Judge #2 Fd Ctr No.: 432060 WBS No.: (Provide the Fund Center or WBS element information; it is not reouired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 432060 640200 Mileage 200 0 200 432060 640300 Professional Dev 1,000 0 1,000 432060 641950 Postage 500 0 500 432060 647110 Printing 800 0 COO I Net Change to Budget Continued Fund Center Title: WBS Element Title: Expense Budget Detail New County Judge #2 Fd CtrNo.: 43206 WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Budeet 432060 65111 0 Office Supplies 500 0 500 432060 651910 Minor Office Equipment 500 0 500 432060 651950 Minor DP Equipment 500 0 500 432060 652110 Uniforms 500 0 500 Net Change to Budget Continued Fund Center Title: WBS Element Title: Expense Budget Detail New County Judge #2 Fd Ctr No.: 432060 WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 432060 654110 Books 1,000 0 1,000 432060 654210 Dues & Memberships 500 0 500 432060 654360 Other Training 500 0 500 432060 764900 Data Processing Equip 7,500 0 7,500 Net Change to Budget 14,000 ..,' -'- Agenda Item No, 16F7 March 28, 2006 Page 7 of 8 Revenue Budget Detail Fund Center Title: Reserves WBS Element Title: Fd Ctr No.: 919010 WBS No.: (Provide the Fund Center or WBS element information; it is not reQuired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 919010 991000 Reserves (14,000) Net Change to Budget (14,000) EXPLANATION: Why are funds needed? Funds are needed to set up offices for newly appointed County Court Judges. Where are funds available? Funds are available in General Fund Reserves. REVIEW PROCESS DATE Cost Center Director: ~- Division Administrator: Finance De artment: Clerk of Board Admin.: Agenda Item No. 16F7 March 28. 2006 Page 8 of B COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16F7 Approve budget amendments 3/28/20069:00:00 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office ot Management & Budget 3/16/200610:12 AM Approved By Michael Srnykowski Management & Budget Director Dat€ County Manager's Office Office of Management & Budget 3/17f200612:47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3f20/2006 2:08 PM Agenda Item No. 16G1 March 28,2006 Page 1 of 11 EXECUTIVE SUMMARY To approve and execute Site Improvement Grant Agreements between the Collier County Community Redevelopment Agency and grant applicants within the Bayshore Gateway Triangle Community Redevelopment area. OBJECTIVE: To approve and execute the Site Improvement Grant agreements between the Community Redevelopment Agency (CRA) and grant applicants within the Bayshore Gateway Triangle Commuruty Redevelopment area. CONSIDERATIONS: The Community Redevelopment Agency's Site Improvement Grant program for the Bayshore Gateway Triangle Community Redevelopment area is funded at $100,000 for FY2006. The purpose of the Grant is to provide an incentive to revitalize the area by providing a matching grant to encourage the private sector to invest in their property. The grant requires at least a 50% match from the applicant and is funded by Tax Increment Funds. The Bayshore Gateway Triangle Community Redevelopment Agency Local Advisory Board reviewed the applications on March 7, 2006 and recommended for CRA Board approval the following Site Improvement Project of not to exceed $8,000.00 for: 1. Ozlyn Garden Villas Condominium Association, Inc. -- FISCAL IMP ACT: Sufficient budget exists within the Bayshore Gateway Triangle Fund (187) to fund the requested grants. A Site Improvement Grant may provide up to 50% of the cost of commercial or owner occupied residential improvements not to exceed $8,000. The above site improvement grant recommended for funding is valued at $8,000. Funding this grant request will leave available grant dollars totaling $52,000. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDATION: That the CRA Board approves and authorizes for execution the Site Improvement Agreement between the Community Redevelopment Agency and the Ozlyn Garden Villas Condominium Association, Inc. Prepared by: David L. Jackson on March 7, 2006 Executive Director Bayshore/Gateway Triangle Commuruty Redevelopment Agency ,--- Agenda Item No. 16G1 March 28, 2006 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16Gl Meeting Date: To approve and execute Site Improvement Grant Agreements betv.<een the Collier County Community Redevelopment Agency and grant applicants within the Baystlore Ga'leway Triangle Community Redevelopment area. 3/28/20069:00:00 AM Prepared B}T David Jackson EXGcutive Director Date Community Redevelopment Agency Bayshore-Gateway Redevelopment 3/14120064:02:24 PM Approved By David Jackson Executive Director Date Community Redevelopment Agency BayshorewGateway Redevelopment 3/14/2006 4:D6 PM Approved By Marjorie M. Student-Stirling Assistant County Attorney Date County Attorney County Attorney Office 3f16/2006 10:33 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management &. Budget 3/16/20063:38 PM Apprond By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/1712006 5:42 PM Agenda Item No. 16G1 March 28, 2006 Page 3 of 11 GRANT AGREEMENT BETWEEN eRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and Ozlyn Garden Villas Condominium Association Inc., on behalf of the property owners' (Shirley F. Shinebarger and Steven Shinebarger; Marilyn A. Morgan and Roy Morgan; Tim Casey; John Haltigan; Barbara Simon; Jody Randol, Barbara A. Nielsen and David R. Nielsen; Cindy Phillips; Renate Luedemann; Don Baudino and Judy Baudino; Mick Randol; David Repath and Jennifer Repath; Scot Delacey and Dan Pyne; (hereinafter referred to as "Owner"). ~, \ 1\1.' . WIT N E SSE T H: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of $8,000.00 dollars; and WHEREAS, the CRA has determined that Owner meets the eligi!ill!ty requirements and was approved for a grant award in the amount of $ ~~()( J::) dollars on , 2006 ("CRA Approval"), which is r')~. L{ % of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which is attached as Exhibit "A" and incorporated herein. 2. Owner is the record owner of property described as ~ 7-l \1 n ~Q{'(lE n \L Uas , 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated February 21, 2006 (the "Site Improvements") Attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. Agenda Item No. 1681 March 28, 2006 Page 4 of 11 " CRA has approved a grant to Owner in the amount of 'tg6vO~ to be .fa.dministered pursuant to the terms of this Agreement based on an estimated cost of r3.7, '-f'Z-D.OV. If the actual costs are less than the estimated costs to construct the Site Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement costs approved for funding by the CRA 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA 8. Within forty-five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Agenda Item No. 16G 1 March 28, 2006 Page 5 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year tirst written above. (IL~ 5+e...~ A. We:Sbe...V~ Prinledffyped Name By: ,. (2)~k f~ Itness SIgnature .L lJAv~ ~~ - ~~/~ Ozt..yN ~ Printedff;.'ped Name Ct:Jur.x1 t'9.5'se:c. By: L~rvk. C .o>\' PrilltedfTyped Name Prinledffyped Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman , Deputy Clerk Approved as to fonn ,md legal sufficiency: '--()vi :A ,LL. ~;"~I't(-t - {Jr{~L{~3 MaIjOri~lldent -Stir! ing Assistant County Attorney Agenda Item No, 16G 1 March 28, 2006 Page 6 of 11 Unil No.d ~3.h ( F' , <P;# . /:; , ,--'0hit v . _~U!, . c;l - ) ., " () 0 O\V"J1t::r Sig.na ~- Date ~ vvt CASGf Pnntcd Tvped Name un~~C_L . ;? / (..0 (, o,,~~""';^ - ~-- .~ (-((\j (- LA'-?r C .4,.) PrintedTypcd NlUlle ::~~~9~ c51-/7-~of, . wner ,.lgnature J Dale Ill! No;2~"P ,'-'r.'2.8rZ 1\ '-" ..I.'~:: ,'j .../-/ ;' ---.------.------ l)ate PriDi.;d'I\'pcd I .~---t----- l. Tnit Nil. Date aI/I? ~~~ ?f2-.c NTE 1) IJ~E. ~ ~~ . SI'N~ uA~ D'Z L ~ i0 ~ A.f2.1Yt: JJ S {' f!.E$ ( 1) -eN I Ca:;Lr \ r.:: I (;.i'::> A-s pI?. ~fe)Z.Tl-J O~ t\..i~1Z.:S Agenda Item No. 16G1 March 28, 2006 Page 7 of 11 /~ ~//S/Lh Date UmtNo ~ 84.-0 ~~e~re4 a1~ e/0~ ntNccl~ -; Lf} . _ 1, .:lJ J ,J~ O\\11er S nature ~ . / I C' 0 G (' I P J ~. , Date " pr~;t~~ ~,/llf~ '____ Unit No!~ ~11) ~ ,'! . ~tt0lcl~l-.. !l(?' r ~ - ., Chmer Signature' ~. /1. ~ Z- ,\ -r (,ib ---... I R <,' Date \ t ~\JIL\ ~. \ PrinlcdTypc.xll\lIme' -.J1 ~ I&. G ~'- ~D,t, / Unit No. Da~ DAve ~fi~ ~(/,J~D N A;ft)..C: . ;?/?-I~ i).t\ u Oc L'-{ t.J ~ f.\Jz..~--uv S' f' l2.r:--S$l ~=-J"\ ((::;,l.:n n. ~ A Sp,.cc ~11- II l) (..A.J l\Jert s: ~ U:~L ow.., .;gn....re ~d~ · T(;"./.4"/~ 1-..111:> 4M1b~ o.r PrintodfI'ypod N_ - ~ UnitNo.Z.rS--O ~IV~ 285-L ~~~_b, r ~ 1 ----- ,- -. Date ~~A! /3a V D liVO PrinledlTypod N_ UnitNo2iso v1...i 2J- S L ? Urnt No. O"'ner Signanm: / Prinlcdrryped NIIIICc' Unit No. Date / / / Date Date Agenda Item No. 1681 March 28, 2006 Page 8 of 11 ___ :;~/7 ...()C Z/'/ ~? ?-)rj,t p~/?~ ? e.( f\JlIo- 1) tJ ~ ,dh[ ''f::>C\ n:: <; IGNt: \) OtLytJ GA<Z-i/<:IU$ f7iZe7/ /I)f::-""'A.JT ~l'l..11 r ((.-I~ AS fICcPl::-/1.-pt OtoJA./e'W..J- Agenda Item No. 16G1 March 28, 2006 Page 9 of 11 Unit No.~ F S b ~~ --C2~ 2 - /O-Ob ()\\m:r SIgnature ( i);t; fV/iek f?andol Printed T~'ped ~llIne ~ Z2~t/~-= M-P'A~ PrintedT~'pcd Name Unit No. 2'.-0....~; ....... .:::------. . :0. -:,' -':> ,,\ .~. ,s::: 5~,>'" Owner Signatlll\ -'\, ~I..' ~,,\--.:,,,~--~-'~~c,,\\-,, Printcd!'ryped l"rune Unit No 2:; 1'....... UnilNo, / I Printed Typed Nmne ;2~~' Dale 2~ \~ \t)\.~ Dale Dull: Dale Date ~lE ~/.?4$' t> if I'\J Tel) IV .r>ov..c /19" ~ .d4__ ~ ~.~ OZL,,.;. 6~1k:;""N> ?IZB'/)~T Ct,LnFtE:D 45 p~pe(W'1 c!to(,'Jv~-n5 Agenda Item No. 1681 March 28, 2006 Page 10 of 11 Unit No.,~~ f ::'-.:'i , .2 .-/6 .~('( ~- ,~" ..~'.~ '/ /, \:,. -". Owner Signature r~," \:', ;. ) ..L ...,." ( - ,.:...c r Date (--//;-:",--'/ C c.~'//.I/:'-'L1/l.'- .) IT/ I IAJJ- J / . .) /7:J f L /.. J/:/) (<~>f' PrintedlTypod Nllno U . N ".c.... ~t. o..",-.~ -- --" ,d-{~-li~/' .' '-'\ Owner Signature -, .r'\JI '6 .,,- c' _' .- r_ <{:, ....:I'-.:...~.'J ~\.1"~- .. -Date ,'-:-- 1;'"// -( . ! ..::> 'J I,:... --=, v ,. \ Printed.rrypcd NmIe , (-- ....;.,., _I:,' /;::::' 1--' ~ ,r-,' '-:.... c- /1 .' ,.:/. ,-- I,. ;/(0 z- /y' Unit No. 2-?'Itf Owner Signature Date ,~ d ;-L! Unit No. ..~ /):/ -7/;C'{//'~L-,,/ ^" Ii, '7IZhC;zk. ;;2/;.R J 0 (_, Owner Signa~ :/ Date . N~/LrN A. ,IV! 0/2<;./1-(1) Printodffypod Nane Unit No. dpS '-1 ~~ .J'V1 e-ur Ct_ 'd- Iii lot- Owner Signatun: Date 12-0-/ (vf 0 t1.... ~ A,J Date ~lIC Rcm77I ~ D:ZL.. '( 1J G-/JR,7H;N~ Pfll-'St ()f:/J I C~1l(l~~ As '7f?oft#T'1 o~k)EfZ~ ;$~/~ ()t\ if ~8(8 /' ......\ ..;-- - / ee,l ~~ ~ ,,- L/J. r y N e PnntedTyped Name Agenda Item No. 16G1 March 28, 2006 Page 11 of 11 Date Date ;;(1 {' (Ob Date Dale _ V/1tJE ~4/# 2<-( rvTq) /V A-1iAt: ?J!?: ;!.jl /o~ Dr1~ :)(btJ<:;-'J D'ZL~}J ~~N~ pa.c---SfJ) a-J} 6-""((...(1 F t G7:> .It.s flt...r:./'8'lTf ~t";.'1..A;:Yl 5> Agenda Item No. 16H 1 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: 3rd Annual Florida Tradeport Briefing and Barbecue "Opportunity and Promise in lmmokalee." ,.........." PUBLIC PURPOSE: To speak at tIns event and network with representatives from the local and state Legislature, as well as Enterprise Florida, the state's economic development partnership, and the Economic Development Council of Collier County. DATE OF FUNCTION/EVENT: March 31, 2006 FISCAL IMPACT: $40.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: March 28, 2006 j..."........ Item Number: Item Summary: Meeting Date: Agenda 11 em No. 16H1 March 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Commissioner Coletta requests approval for reimbursement -lor prepaying $40.00 to attend and speak allhe 3RD Annual Florida Tradeport Briefing and Barbecue sponsored by the Economic Development Council of Collier County on March 31. 2006, to be paid from his travel budget 3128120069:00:00 AM Date Prepared By Nancy Rosiak Board of County Commissioners Ex:ecutlve Aide to the Bee Bce Office 319/20069:21 :55 AM Sue Filson Date Approved By Board of COUhty Commissioners Executive Manager to the Bee Bce Office 31912006 10:25 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/16/200610:55 AM - Agenda Item No. 16H1 Economic Development Council of Collier County . j I:~~: - ~'14~;\ / I, I "'Ji;\ ECONOMIC DEVELOPMENT COUNCIL of Collier County, Florida Crowing Creat Ideas 3RD ANNUAL FLORIDA TRADEPORT BRIEFING AND BARBECUE Friday, March 31, 2006 Florida Tradeport - Immokalee, Florida 10:00 a_me - 12:00 noon - Briefing Program 12:00 noon - 2:00 p.m. - Barbecue REGISTRATION FORM Don't miss this opportunity to attend the 3rd Annual Florida Tradeport Briefing & Barbecue! This year's event will feature "Opportunity and Promise in Immokalee". A barbecue luncheon, with entertainment, gives participants the chance to network with each other, as well as with representatives from the Florida Legislature, Enterprise Florida - the state's economic development partnership, and other key government officials. $40.00 EDC Members - $50.00 Non-Members Friday, March 31, 2006 10:00 a.m. - 12:00 noon - Briefing 12:00 noon - 2:00 p.m. Barbecue and Networking Names: ..s..s /, Ji"1 ~/ctTA ~ S- Company Name: [7.../J/A../,!;'R, C'.OtJN'TY 6r:Pt/€/(IVII(-V/ Phone number: (:P~) 771- ~39/ PAYMENT INFORMATION CJcheck CCredit Card {AMEX, Me or Visa} circle one Amount: $ -10. ~ $40.00 EDC Members - $50.00 Non-Members Account Number: Exp Date Signature: Name as it appears on card: Billing Address: E-mail: Complete and return this form h~' \\'larch 28, 2UO() Fax: 239-263-6021 - Phone: 239-263-8989 - E-mail: beth@enaplesflorida.com Economic Development Council of Collier County 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 Agenda Item No. 16H2 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: Leadership Collier Class of 2006 Graduation. PUBLIC PURPOSE: To support the leaders of tomorrow. DA TE OF FUNCTION/EVENT: May 10, 2006 FISCAL IMPACT: $50.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: March 28, 2006 .0.......... Item Number: Item Summary: Meeting Date: Agenda Item No. 16H2 March 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS 16H2 Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose. Commissioner prepaid to attend the Leadership Collier Class O"r 2006 Graduation Ceremonies on May 10, 2006 and is requesting reimbursement in the amount of $50,00, to be paid from his travel budget 3/28/2006900:00 AM Date Prepared By Nancy Rosiak Board of County Commissioners Executive Aide to the Bee Bec Office 31131200610:05:58 AM Dat& Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Bee Office 3113/200610:08 AM County Manager Date Approved By James V. Mudd Board of County Commiss.ioners County Manager's Office 3/161200611:00 AM From: Samantha Todd [mailto:stodd@napleschamber.org] Sent: Monday, March 06, 20066:36 AM To: ColettaJim Subject: Leadership Collier Class of 2006 Graduation Join us for the Graduation Ceremonies of the Leadership Collier Class of 2006 Wednesday May 10th 2006 6 p.m.-9 p.m. Naples Beach Hotel And Golf Club 851 Gulf Shore Blvd. North Agenda Item No. 16H2 March 28, 2006 Page 3 of 3 Dinner under the stars on the Ocean Lawn. Please RSVP to suzanne@napleschamber.org or call (239) 403-2910. $50 per person Please R.S.V.P. by May 5, 2006 with check or credit card payment Name - Commissioner Jim Coletta Company - Co llier County Government # Attending - One Amount of check or charge $50.00 Name of Guest Please make checks payable to The Leadership Collier Foundation For Credit Card Information Type: Visa MC ArnE x Discover Account # Expiration Date Signature Mail checks to: Suzanne Willis The Leadership Collier Foundation 2390 Tamiami Trail North, Suite 210 Naples, FL 34103 Agenda Item No. 16H3 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONIEVENT: Marco Island Civil Air Patrol Celebration PUBLIC PURPOSE: Guest Speaker .-. DATE OF FUNCTIONIEVENT: April 10, 2006 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board OfCOWlty Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 03/28/06 .-. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS 161'3 Agenda 11 em No. 16H3 March 28, 2006 Page 2 of 3 Commissioner Fia!a requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend tne Marco Island Civil Air Patrol Celebration on April 10th, 2006 at the Marco Island Presbyterian Church: $15.00 to be paid from CommiSSioner Fiala's travel budget 3/28/2006 9:00:00 AM Date Prepared By Kathy Hlghbaugh Board of County Commissioners Executive Aide to the BCe Bce Office 3/21120063:08:50 PM Sue Filson Date Approved By Board of County Commissioners Executive Manager to the BCe Bce Office 312212006 9:24 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office Date 312212006 1 :33 PM (OMM" REe~ ISLAND COMPOSITE SQUADRON '. .. . R( CIVIL AIR PATROL .; UNITED STATES AIR FORCE AUXILIARY . P. O. BOX 225 J" MARCO ISLAND Fl 34146-0225 ") Agenda Item No. 16H3 .' March 28, 2006 Page 3 of 3 March 10, 2006 Donna Fiala Collier County Commissioner 3301 Tamiami Trail E. Naples, FL 34112 Dear Commissioner Fiala: Thank you for accepting our invitation to attend our three-part celebration on April 10, 2006. We will celebrate twenty-five years of service by the Marco Squadron, witness the Change of Command of our squadron, and recognize our members' accomplishments by awarding ribbons, badges, and decorations. We will assemble at 6:00 p.m. and have dinner around 6:30 p.m. We hope to be finished by 8:30 p.m. If you need to leave after dinner we will understand. Sincerely, 2 I-),~, /-;) faU L,~ ~-/:;E(~, Commander Marco Island Composite Squadron ) ~J5~ Agenda Item No. 16H4 March 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Commissioner request for Board approval for payment to attend function serving a valid public purpose. OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-4]0, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTION/EVENT: Naples Alliance for Children Annual Advocacy Dinner at Country Club of Naples, 185 Burning Tree Drive, Naples, Florida PUBLIC PURPOSE: Meet with regional officials regarding criminal activities in Southwest ,.-.. Florida, DATE OF FUNCTIONIEVENT: April 5, 2006 FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: that the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose. PREPARED BY: Sandra Lea APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: March 28, 2006 ...,........ Item Number: Item Summary: Meeting Date: Agenda Item No. 16H4 March 28. 2006 Page'2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H4 Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose to attend Naples Alliance for Children Annual Advocacy Dinner on Wednesday, Aprif 5. 2006; $35 to be paid from Commissioner Halas' travel budget 3/28120069:0000 AM Date A pp roved By SUe FUson Board of County Commissioners Executive Manager to the BCe Bec Office 3122120069:19 AM Approved By Date Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office 3122120061 :34 PM Agenda Item No. 16tr! l ~ March 28, 20 \'\ Pa e 3 of ~.~ ,~ I') " .. ,,~. ,- ., 1")f\ 1, ; , d.i";il .oaa rj ~1f Cp~,;w:~~ COTif'fli~s":..m'Ai Invites you to our Annual Advocacy Dinner Wednesday, April 5,2006 Country Club of Naples, 185 Burning Tree Drive 5:30 pm Silent Auction/Reception/Cash Bar 6:30 pm Dinner and Awards Who Will Speak for the Children? Speaker: Doug Molloy Chief Assistant, U.S. Attorney for SW Florida Doug Molloy has tried cases involving everything from militia-members to Washington, D.C. influence brokers, to police corruption and now slavery cases. He supervises and prosecutes complex criminal investigations and trials involving organized crime, drug importation, white-collar fraud, slavery crimes prosecution, public corruption, and civil rights prosecution. FA MIL Y FRIENDL Y BUSINESS RECOGNITION APPLE BLOSSOM AWARDS For Information and Reservations Call: 649-5260 Dinner & Program Cost: $35/person Agenda Item No. 1611 March 28, 2006 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 28, 2006 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: (1) February 25, 2006 through March 3, 2006. B. Districts: (1) Verona Walk Community Development District: Proposed 2006/2007 Fiscal Year Budget. C. Minutes: ,...- (1) Conservation Collier Land Acquisition Advisory Committee: Minutes of February 13, 2006; Agenda of March 13, 2006 (2) Domestic Animal Services Advisory Committee: Minutes of February 21, 2006. (3) Lely Golf Estates Beautification MSTU Advisory Committee: Agenda of March 16, 2006; Minutes of February 16, 2006. (4) Historic & ArcheoloQical Preservation Board: Agenda of March 15, 2006; Minutes of February 15, 2006. (5) Hispanic Affairs Advisory Board: Minutes of January 26, 2006. (6) Golden Gate MSTU Advisory Committee: Minutes of February 14,2006; Agenda of March 14,2006. (7) Radio Road Beautification MSTU Advisory Committee: Minutes of January 17, 2006; Agenda of February 21,2006; Agenda of March 21, 2006; Minutes of February 21, 2006. .,,,,,-,,, H:\DA T A \FRONT DESK - 2006\2006 Miscellaneous Correspondence\FORM BLANK MISC CRSP .doc Agenda Item No. 1611 March 28, 2006 Page 2 of 3 (8) Golden Gate Community Center Advisory Committee: Minutes of March 6, 2006. (9) Contractors' Licensinq Board: Agenda of March 15, 2006. (10) Collier County Planninq Commission: Agenda of March 16, 2006; Minutes of December 20, 2005; Minutes of January 5, 2006; Minutes of Special Session (AUIR) of January 5, 2006; Minutes of Special Session (AUIR) January 13, 2006; Minutes of January 19, 2006 ,..-.., H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\FORM BLANK MISC CRSP.doc Item Number: Item Summary: Meettng Oate: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1611 Agenda Item No. 1611 Maretl 28, 2006 P"ge 3 of 3 Miscelianeolls Correspondence to file for record With action as directed. 3128120069:0000 AM Sam Tucker Date Prepared By Board of County Commissioners Executive Aide to the BeC Bee Office 3/2012006 1 :03:03 PM Approved By Sue Filson Board of County Commissioners Executive Manager to the Bee Bce Office Date 3/20/2006 1004 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3/20/20062:55 PM EXECUTIVE SUMMARY Agenda Item No. 16J1 March 28,2006 Page 1 of 2 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE CLERK'S OFFICE TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL YEAR 2004-2005 AS REQUIRED BY FLORIDA STATUTE 218.32. OBJECTIVE: To receive approval, including the execution of the Certification by the Chairman of the Board of County Commissioners, to file the State of Florida Annual Local Government Financial Report for the fiscal year 2004-2005 as required by Florida Statute 218.32. CONSIDERATIONS: As part of the annual audit, the Finance and Accounting Department is responsible for completing and filing certain statutorily mandated reports. Included in these reports is the Department of Financial Services, State of Florida Annual Local Govennnent Financial Report. This report documents the revenues and expenditures for a given fiscal cycle in accordance with the State of Florida Uniform Accounting System. The report has been reviewed by the external auditors and found to be in agreement with the Comprehensive Annual Financial Report presented to the Board of County Commissioners on February 28,2006. - GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: There are no legal considerations outside of the statutory filing requirement. FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: That the Board of County Commissioners authorize the Finance and Accounting Department to file the aforementioned report, in executed form, with the Department of Financial Services. .-.--. Prepared By: Reviewed By: Crystal . Kinzel Director of Finance and Accounting Date: ~f/J~ Date: ~/,,{~ Date: 1'1.1'UJ0(., / Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Jl Agenda Item No. 16J1 March 28, 2006 Page 2 of 2 Recommendation that the BOClrd of County' Commissioners authorize the Clerk's Office to iile the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004- 2005 as required by Florida Statute 218.32. A copy of the Slate of Florida Annual Local Government Financial Report for the Fiscal year 2004--2005 is available for viewing at the Clerk of the Circuit Court's Finance and Accounting Office 3128120069:0000 AM Approved By J ames V. Mudd Board of County Commissioners County Manager Date County Manager's Office 313120067:03 PM Agenda Item No. 16J2 March 28,2006 Page 1 of 2 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE TRANSFER OF FUNDS COLLECTED UNDER ORDINANCE 04-42 TO THE CLERK OF COURTS TO FUND THE SECOND YEAR OF THE COLLIER COUNTY JUVENILE ASSESSMENT CENTER AGREEMENT WITH THE DAVID LAWRENCE CENTER. OBJECTIVE: To authorize the transfer of funds collected by the Court system to fund the Juvenile Assessment Center. The Clerk of the Circuit Court is acting in a ministerial capacity for the administration of the contract with the David Lawrence Center. CONSIDERATIONS: The Collier County Juvenile Assessment Center Advisory Committee has found that the David Lawrence Center's performance has been satisfactory and desires to renew and extend the agreement for one year with the option to further extend the agreement for an additional year. On November 19, 2004 the Clerk of Courts, at the request of the Juvenile Justice Advisory Committee entered into an agreement with the David Lawrence Center for operations of the Juvenile Assessment Center. Under the terms of the original agreement exists an annual option to renew for two additional years. ....-....... The Board of County Commissioners authorized up to $61,700 in Fund 175 for fiscal year 2005/06 operating expenses for the Collier County Juvenile Assessment Center. FISCAL IMPACT: Funds are budgeted in the Juvenile Assessment Center Fund 175 in the amount of$61,700. All funds expended in this program would come from the portion of the $65 court costs collected, as mentioned above. This program has no impact on the general fund. RECOMMENDATION: That the Board of County Commissioners authorize the transfer of funds collected through the Court system to fund the second year of the Collier County Juvenile Assessment Center to the Clerk of the Circuit Court to be used exclusively for the operation of the Juvenile Assessment Center. Prepared by: Raymond Milum, Clerk's Fiscal Operations Manager ~ Agenda Item No. 16J2 March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summary; 16J2 Meeting Date: Recommendation that the Board of County Commissioners authorize the transfer of funds collected under Ordinance 04-42 to the Clerk of Courts 10 fund the second year of the Collier County Juvenile Assessment Center Agreement with tt1e David Lawrence Center. 3128/20069:0000 AM Prepared By Kelly Jones Senior Accountant Date Clerk of Courts Finance 319/20061:14:28 PM Approved By Derek Johnssen General Account Manager Date Cterk of Courts Finance 319/20064:20 PM Approved By Crystal Kinzel Director of Finance Date Clerk of Courts Finance- 3f9!2006 4:36 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Ma nagement & Budget 3/14/20061 :59 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/1612006 1 :59 PM Agenda Item No. 16K1 March 28, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment for Parcels 166A and 166B in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02-5166-CA (Immokalee Road Project No. 60018). (Fiscal Impact $94,153.50) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation for the taking of Parcels 166A and 166B in the lawsuit styled Collier County v. Juan Ramirez, et a!., Case No. 02-5166-CA (Immokalee Road Project 60018). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $176,800.00 on May 23, 2003. The County and Respondent have negotiated a settlement of $243,250.00 for full compensation for the taking of Parcels 166A and 166B. The settlement also provides for direct access to Immokalee Road in the event of a future rezoning of the remainder property to commercial and the conveyance of compensating right-of-way in that event. See attached Stipulated Final Judgment. Supplemental attorney's fees, if any, appraiser and engineering expert fees and costs remain outstanding. If approved, the County will have the following costs: _.. . Additional Compensation: . Statutory Attorney's Fees*: TOTAL: $66,450.00 $27,703.50 $94,153.50 * Attorney's Fees are mandated by ~ 73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($243,250 - $159,300). FISCAL IMPACT: Funds in the amount of$94,153.50 are available in the Impact Fee District 1 reserves. A budget amendment is needed to transfer funds into the project. Source of funds are Impact Fee District 1 reserves. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcels 166A and 166B; and 2. Approve the attached budget amendment request; and 3. Approve the expenditure of funds as stated. _" PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 16K1 March 28. 2006 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Kl Recommendation to approve a Stipulated Final Judgment for Parcels 166A and 1666 in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5166.CA (Irnmokalee Road Project No. 60018). (Fiscallmpaot $94,153.50) 3/28/20069:00:00 AM Assistant County Attorney Date Prepared By Ellen T. Chadwell County Attomey County Attorney Office 3110/20068:28:00 AM Kevin Hendricks Date Approved By Transportation Services Right Of Way Acquisition Manager TEeM.Row 3110120061:21 PM Approved By Najeh Ahmad Triillnsportation Services Director Date Transportation Engineering & Construction Management 3/14120068:45 AM Date Approved By Ellen T, Chadwell County Attorney Assistant County Attorney County Attorney Office 3/14/2006 9:20 AM Norm E. Feder, Alep Date Approved By Transportation Services Transportation Division Administrator Transportation Services AdmIn, 3114120069:32 AM Usa Taylor Management/Budget Analyst Date A pp roved By Transportation Services Transportation Administration 3/14/20062:04 PM Approved By Sharon Newman Transportation Services Ac~ounting Supervisor Date Transportation Services Admin 3/14/20062:09 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 3116120063:39 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3/17120067:58 AM Date Approved By Michael Smykowski County Manager's Office Mnnagement & Budget Director Office of Management & Budget 31171200611:25 AM County Manager Date Approved B:r James V. Mudd Board of County Commissioners County Manager's Office 3/17/2006 2:4a PM Agenda Item No. 16K1 March 28, 2006 Page 3 of 9 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 02-5166-CA v. Parcel No.: 166A, 166B JUAN RAMIREZ, et al., Respondents. / STIPULA TED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, WALNUT FARMS, INC., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 166A and 166B and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, WALNUT FARMS, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, WALNUT FARMS, INC., have and recover from Petitioner, COLLIER COUNTY, the sum of Two Hundred Forty-Three Thousand Two Hundred Fifty and NollOO Dollars ($243,250.00) for Parcel Nos. 166A and 166B as full payment for the property interests taken and for damages resulting to the remainders, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited for both parcels in the aggregate amount of $176,800.00; it is further 1 Agenda Item No. 16K1 March 28, 2006 Page 4 of 9 ORDERED that the Court reserves jurisdiction to award expert witness fees and costs, including attorney's fees for supplemental proceedings, if any, as it relates to Parcel Nos. 166A and 166B; it is further ORDERED that Respondent, WALNUT FARMS, INC., will recover attorney's fees in the amount of Twenty-Seven Thousand Seven Hundred Three and 50/100 Dollars ($27,703.50), pursuant to s. 73.092, Fla. Stat., and based on a total benefit obtained for both parcels of $83,950.00. This fee includes all monetary and non-monetary benefits fees, and no other attorney's fees will be awarded except for supplemental fees; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondent, WALNUT FARMS, INC., a combined total of Ninety-Four Thousand One Hundred Fifty-Three and 50/100 Dollars ($94,153.50) within 30 days hereof, made payable to ROETZEL & ANDRESS TRUST ACCOUNT, C/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 First Street, Ste. 1000, Ft. Myers, Florida, 33901-3419, for proper disbursement in accordance with this order; it is further ORDERED that Petitioner, after proper application and review, will permit an access connection to Immokalee Road in the event the 12-acre remainder property to Parcel 166B (Folio No. 3759768003, 37599440005, and 37599360004) is rezoned from its current residential use to a more intense use. The width and type of the access connection, the requirement of a deceleration lane, and other specifics will be determined at time of application. In the event a deceleration lane is required, the Respondent will provide Petitioner with compensating right-of- way through the conveyance of property of the same size and contiguous to the southern boundary of Parcel 1668, at no cost to the Petitioner. The reference to access connection shall not be construed to include any traffic control features, such as median openings, or to require that a two-way connection be permitted; it is further 2 Agenda Item No. 16K1 March 28, 2006 Page 5 of 9 ORDERED that nothing contained herein shall be construed as supporting any rezoning action on the remainder property; it is further ORDERED that title to Parcel Nos. 166A and 166B in fee simple, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated May 23, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3178, Page 2193 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 166A and 166B; and it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, clo Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, Florida, 34112, in the amount of $ in accordance with Section 28.33, F.S.; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of ,2006. TED BROUSSEAU CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esq. Kenneth A. Jones, Esq. Corneast Cablevision of the South, Inc., a Colorado Corp. E. Glenn Tucker, Esq. Bookkeeping 3 Agenda Item No. 16K1 March 28, 2006 Page 6 of 9 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 166A and 166B and state as follows: 1. Petitioner has agreed that an access connection onto Immokalee Road from the remainder property to Parcel 166B would be permitted if the property is rezoned in the future from a residential use to a more intense use. The undersigned parties recognize that this agreement is not intended to support the rezoning of the remainder property or commit the County to any specific type of access. The exact nature and specifications of any future access connection to Immokalee Road will be determined at the time of Respondent's application. Dated: Dated: EllEN T. CHADWEll., ESQ~ Florida Bar No. 0983860 COUNTY ATIORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER COLLIER COUNTY KENNETH A. JONES, ESQUIRE Florida Bar No. 200158 ROETZEL & ANDRESS 2320 1 sl Street, Suite 1000 Fort Myers, FL 33901-2904 (239) 338-4206 (239) 337-0970 ATIORNEY FOR RESPONDENT WALNUT FARMS, INC. 4 FEE SrMPLE INTEREST PARCEL#166A r' - IMMOKALEE ROAD - S.R. 846 85 WAL~~~t 't~~'o~fT\ON A D5.~ 1618, PGS. 3-4 io <<:! r:: <5 .... 0'1 N 0'1 ~ . ~ 0 . .... 0 "en .... r "0'1 0 r 0 0 (f) 0 (f) Descrfptlon: The Northerly 79.43 feet of Tract 100, and Tract 85, Golden Gate Estates, Unit 20, as Recorded In Plat Book 7. Page 80, of the Public Records of Collier County, Florida. Containing 1.205 acres, more or less. N Age"da J~~~~J: , 100 A D~t~~~~l ~~~'o~J1\ON O.R. 2352. PG. 992 ':q- r-; ~ 0'1 ~ . o .... "en r o o (f) Notes: 1. Th1s Is not a survey. 2. BasIs, of bearing Is plat. 3. Subject to easements. reservations and restrictions of record. 4. All dImensions are plat unless otherwise noted. :J.... , 7iJ( l'? :'~I~.'"' '.' , ~ , . :..>-' - DAVID J. Y . P. . (FOR !HE.',F1RM) FlA. UC. N .. 583 .,". ~.- .. NOT VAUD W1lH . '(HE SlGW;ruRE AND THE ORIGINAL RAISED :-SEAl 'OF.A FLORIDA UCENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. . ENGINEERS. SURVEYORS AND PlANNERS 3506 EXCHANGE AVE. NAPLES, FLA 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SCALE SEe/SUB W.O. NO. DRAWN BY FILE NAME ~ o 50 100 150 AS NOTED GGE 2p 0014.1 EAW 00-018-00.DWG DATE 10/01 SHEET OF, 1 Fe PG CHECKED BY DJH DWG. NO. IR-L-166A .J r FEE SIMPLE INTEREST PARCEl.#166B IMMOKALEE ROAD S.R. 846 ~ m .- b o (fl 117 D~tk~~~: ~~~'O~~ON A O.R. 1550, PG. 1364- Description: AgendaTfem--WO:- i 6K I Mar~h~~T1L r.:LofA 140 o~t~~~~l ~~~'O~AC-nON A O.R. 1550, PG. 1364- N The Northerly 362.98 feet of Tract 117. and the Northerly 89.06 feet together with the Southerly 10.00 feet of the Northerly 99.06 feet of the Easterly 130.37 feet, of Tract 140, Golden Gate Estates, Unit 20. as Recorded in Plot Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 3.459 acres, more or less. b 0> c;; to ~ . o ~ m r o o (fl' ~ o 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. .- <<',\' :J:d-~r. . . '." , P. FlA. UC. N 58 NOT VAUO WI . lHE-SIGNAtuRE AND THE ORIGINAL RAISED' SEAL OF A FLORIDA UCENSED SURVEYOR AND I.lAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC.. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FlA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. L85770 SEC/SUB W.O. NO. DRAWN BY FlLE NAME SCALE EAW 00-018-000.DWG AS NOTED GGE 20 0014.1 FB PG CHECKED BY DWG. NO. DAlE 10/01 SHEET OF 1 DJH . IR-L-1668 J Agenda Item No. 16K2 March 28, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et al., Case No. 02-1702-CA (Goodlette-Frank Road Project 60134). (Fiscal Impact $210,980.43) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment for payment of full compensation for the taking of Parcel No. 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et al., Case No. 02-1702-CA (Goodlette-Frank Road (Project 60134). CONSIDERATIONS: On November 8, 2001 staff offered the Respondent, North Naples Fire Control & Rescue District, $69,250, which was rejected. The County acquired the subject property by entry of an Order of Taking dated September 12,2002 and by depositing the sum of $162,350. At mediation, the County and Respondent negotiated the proposed settlement of $283,521 as full compensation for the taking of Parcel No. 126. In addition, the mediated settlement provides for payment of attorney's fees and some expert fees and costs in this case. (Additional expert witness fees and costs remain.) The mediated settlement agreement also provides that representatives of the County and the Respondent will meet to discuss the terms and conditions of a proposed joint use of property located at the southeast corner of Vanderbilt Beach Road and Logan Boulevard, and any other potential joint use locations; that County will amend the lease agreement for the Pelican Bay Fire Station to delete the clause providing for lease termination upon ninety (90) days written notice; and that Respondent will amend all other existing lease agreements between Respondent and the County for the use of Respondent's facilities for County EMS purposes, to delete the provision allowing Respondent's termination of the lease upon ninety (90) days written notice. If approved, the County will pay the following costs: . . . . Additional Compensation: Engineering Expert Witness Fees: Architectural Consultant Expert Witness Fees Statutory Attorney's Fees*: TOTAL $121,171.00 $ 15,000.00 $ 4,100.00 $ 70.709.43 $210,980.43 * Attorney's Fees are mandated by s. 73.092, FS, and are based on 33% of the difference between any settlement amount and the initial offer, i.e., 0.33 x ($283,521.00 - $69,250). Attached are the Mediated Settlement Agreement and Stipulated Final Judgment. ,."'....... FISCAL IMPACT: Funds in the amount of$210,980.43. are available in the FY 2006 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. Agenda Item No. 16K2 March 28, 2006 Page 2 of 12 GROWTH MANAGEMENT IMP ACT: None. RECOMMENDA TION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel No. 126; 2. Approve the expenditure of funds as stated; 3. Authorize staff to carry out the obligations contained in the Mediated Settlement Agreement. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 16K2 March 28, 2006 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, at a!., Case No. 02~1702.CA (Goodlette.Frank Road Project 60134), (Fiscal Impact $210,980.43) 3128120069:00:00 AM Date Prepared By Ellen T. Chadwell County Attorney Assistant County Attorney County Attorney OffIce 31141200612:11:43 PM Date Approved By Ellen T. Chadwell County Attorney Assistant County Attorney County Attorney Office 3!14/2006 12:34 PM Usa Taylor Date Approved By Transportation Services Management/Budget Analyst Transportation Administration 3/14/2006 2:03 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 3/1412006 3:39 PM Date Approved By Najeh Ahmad Transportation Services Director Transportation Engineering & Construction Management 3/14/2006 4;26 PM Norm E. Feder, Alep Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 3/14120065:19 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TEeM-ROW 3t14J2006 6:20 PM Date Approved By David C. Weigel County Attorney County Attorney County Attorney Office 3116/2006 3:42 PM Date Approved By OMB Coordinator County Manager'g Office Administrative Assistant Office of Management & Budget 3/17/20068:14 AM Date Appro,,'cd By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 3/171200611 :09 AM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3117/20066:07 PM Agenda Item No. 16K2 March 28, 2006 Page 4 of 12 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, CASE No.: 02-1702-CA PARCEL: 126 vs. NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, et al., Respondents. / STIPULA TED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICf, by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 126, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, NORTH KAPLES FIRE CONTROL & RESCUE DISTRICT, have and recover from Petitioner, COlLIER COUNTY, FLORIDA, the sum of Two Hundred Eighty-Three Thousand Five Hundred Twenty.One and No/100 Dollars ($283,521.00) for Parcel No. 126 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K2 March 28, 2006 Page 5 of 12 ORDERED that Petitioner is entitled to a credit in the amount of the good faith deposit of $162,350, which has been withdrawn; it is further ORDERED that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DIS1RICT, shall receive as engineering expert witness fees the sum of Fifteen Thousand and No/tOO Dollars ($15,000.00); it is further ORDERED that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, shall receive as architectural consultant expert witness fees the sum of Four Thousand One Hundred and No/lOO Dollars ($4,100.00); it is further ORDERED that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, receive from Petitioner as a reasonable attorney's fee the sum of Seventy Thousand Seven Hundred and Nine and 43/100 Dollars ($70,709.43). Except as provided herein, no further attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 126; it is further ORDERED that within thirty (30) days of the date of this Stipulated Final Judgment, Petitioner shall pay an additional Two Hundred Ten Thousand Nine Hundred Eighty and 431100 Dollars ($210,980.43), made payable to Cardillo, Keith & Bonaquist Trust Account, c/o John P. Cardillo, Esquire, 3550 E. Tamiami Trail, Naples, FL 34112, for disbursement of compensation and costs in accordance with this final judgment; it is further ORDERED that the Court retains jurisdiction to award reasonable expert witness fees, including Erickson Appraisers, Inc., and Gen-Con, Inc., and attorney's litigation costs; it is further ORDERED that title to Parcel No. 126, a fee simple interest, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12,2002, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further Agenda Item No. 16K2 March 28, 2006 Page 6 of 12 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3028, Page 1242 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 126; it is further ORDERED that the terms of the Mediated Settlement Agreement attached hereto as Exhibit "B" are incorporated herein; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2006. TED BROUSSEAU CIRCUIT COURT JUDGE conformed copies to: Ellen T. Chadwell, Esquire John P. Cardillo, Esquire Brian R. Brattebo, Esquire Robert D. Pritt, Esquire Thomas C, Palmer, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition Mgr.ffransp. Bookkeeping Agenda Item No. 16K2 March 28, 2006 Page 7 of 12 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 126. Dated: JOHN P. CARDILLO, ESQUIRE Florida Bar No. 146078 Cardillo, Keith & Bonaquist 3350 East Tamiami Trail Naples, FL 34112-4999 (239) 774-2229 - Phone (239) 774-2494 - Facsimile ATTORNEY FOR RESPONDENT, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT Dated: ELLEN T. CHADWEL~QUIRE Florida Bar No. 0966770~ Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER AND: CRAIG B. WILLIS, ESQUIRE Florida Bar No. Fixel, Maguire & Willis 211 S. Gadsden Street Tallahassee, FL 32301 A TIORNEY FOR PETITIONER ,PROJECT NO. 69134 PROJECT PARCEL NO,: 126 TAX PARCEL NO. : OO'1-!..\02-b<lOl)Q No. 16K2 h 28, 2006 ge8of12 I'fN6 RtDCJ4 COIiIIIClJoII ".1IJl. lUA. OIlWLalllC. "It 1II1.fIO. f4IZ --- fW'1WLa.... OJL ..t,N."" ........,.- ....- 93.07' 587'Jll'29"E PIN~ R/DG~ ROAD (OOUHlY ROAIl NO. 89B) --- -- POII>f1' OF B 1Nt 'OUTHUs.1 CQRNUt OF lNE 1OU1HID1 ClUNI'lQ OF srCJlON '0-41-11 GRAPHIC SCALE 20Q' 0' 100' 200' ~~ ( IN FEET j 1 inch = 200 11. i NO res: 1. THIS IS NOT A SURVEY. 2. eEARlNGS SHO~ HEREON ARE eASED ON 111E SOUTH LINE Of' SECTION 10 WHICH HAS A SEARING Of' N. 89'32'12" E. 3. SUBJECT TO EASEMENTS, RESERVATIONS ANll RESTRlcnONS OF RECORD. 4. NOT VAUr> \\11HDUT SHEET 2 OF 2. EXHIBIT I A FEE SIMPLE INTEREST LEGEND: O.R. INDICATES OFFICtAl RECORDS P.K. INDICATES PARKER-KALON P.C.P. INDICATES PERMANENT CONTROL POINT E". (For Flrm lBle.2) Prof.u1an Lgnd Surw)'Gl" Florldo Cartlllcat. Na. 5385 Dolo SI~nod: \"l.k"'~-:."'''( Not ""lid wlthout . lInotur. and 1M ori9lnal ral..d " .eal of a Aorld<l Uoan.... Surv~r and Mapp.r, SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SDUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC. ENGINEERI. IUIlYEWIIlI AIIl) ECOLOOlm 6-01 - 1OF2 - No. 16K2 EXHIBIT ~r h 28, 2006 PII88:::l ot-1:..-P ge 9 of 12 PROJECT NO. : 60134- PROJECT PARCEL NO.: 125 TAX PARCEL NO. : DDz..o{l)'1..000C:> a DESCRIPTION: PARCEL 126 A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER CDUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'32'12" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE Of 778.60 FEET; THENCE RUN NORTH 00'27'48" WEST, A DISTANCE OF 57.60 fEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-Of-WAY LINE Of PINE RIDGE ROAD (COUNTY ROAD NO. 696); FROM SAID POINT OF BEGINNING RUN NORTli OO'46'24~ WEST ALONG THE WEST LINE OF THAT PARCEL OF" LAND AS RECORDED IN OFFICIAL . RECORDS BOOK 1623, PAGE 818 Of THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 29.07 FEET; THENCE RUN SOUTH 73'07'24" EAST, A DISTANCE OF 24.62 fEET; THENCE RUN SOUTH 88'55'50' EAST, A DISTANCE OF 51.54 FEET; THENCE RUN SOUTH 87'38'29" EAST, A DISTANCE OF 9.3.07 FEET; THENCE RUN SOUTH 87'0"33" EAST, A DISTANCE OF 22.14 FEET TO AN INTERSECTION WITH THE EAST LINE OF TliE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1623, PAGE 818; THENCE RUN SOUTH 00'46'24" EAST ALONG SAID EAST LINE, A DISTANCE OF 17.4-7 FEET TO TIiE SAID NORTliERl Y RIGHT-Of-WAY LINE OF PINE RIDGE ROAD; THENCE RUN NORTH 89'33'10" WEST ALONG SAID NORTIiERL Y RIGHT-Of-WAY LINE, A DISTANCE OF 190.04 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.091 ACRES Of LAND, MORE OR LESS. ) ~ ~ i ) ~ " ? ~ E t - .- ? ) 1 ~ FEE SIMPLE INTEREST SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC. IHCIIIIUftl. IURYIm>U AHD ICOLOlIITI - - ?fY>? 8-01 '. .. , Agenda Item No. 16K2 March 28, 2006 Page 10 of 12 IN TIlE CIRCUIT COUR'POF TIIE TWENTIETII JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. CIRCUIT CIVIL DNISION EXHIBIT Page I \~f? k of 3 COUJER COUNTY, FLORIDA, a political subdivision of the State of F1orida, Petitioner, ease No.: 02-1702-CA v. Parcel No.: 126 NORTII NAPLES FIRE CONTROL &RESCUEDISTRlCT, et aI. Respondents. / MEDIA TED SETTLEMENT AGREEMENT At the Mediation Conference held on March' 2, 2006, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent, North Naples Fire Control and Rescue District, the sum of $283,521.00 in full settlement of all claims Jor compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be subject to claims for apportionment, if any. 2. Petitioner is entitled to a credit in the amount of $162,350.00 which was previously deposited in the Registry of the Court in this case by Petitioner, and has been withdrawn. 3. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved Stipulated Pinal Judgment in this matter as soon as practical hereafter. , '. .. . . Agenda Item No. 16K2 March 28, 2006 Page 11 of 12 4. Petitioner will pay Respondent the balance due of $121,171.00 within thirty days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Fmal Judgment from the Court. 5. Collier County will pay $70,709.43 in full payment of any and all attorney's fees, including monetary and non-monetary benefits a.."1d supplemental attorney's fees, if any. 6. Collier County will pay the following experts' costs: David May - $ 15,000, for engineering work on this parcel; David Acomb - $4,100, for his architectural consulting work on this parcel. 7. The Court will retain jurisdiction to deternrine apportionment issues, if any, and to determine Erickson Appraisers. Inc.' s fees and attorney litigation costs. 8. .TItis Set"Jement Al:jleement is subject to review and approval by the Board of County Commissioners of Collier County and the North Naples Fire Control and Rescue District. 9. Collier County and Fire District representatives will meet to discuss the terms and conditions of a proposed joint use of the property located at the Southeast corner of Vanderbilt Beach Road and Logan Boulevard, and any other potential joint use locations. 10. The Petitioner, Collier County, agrees as part of the mediated settlement agreement to amend the lease agreement, dated May 10, 1994, for Fire Station No. 44. known as the Pelican Bay Station, to delete the provision in Article 2 of the lease, providing for the lease to be terminated upon ninety (90) days written notice. EXHIBIT Page 2 ""B!( of ? t ". . Agenda Item No. 16K2 March 28, 2006 Page 12 of 12 11. The Responqent, North Naples Fire Control & Rescue District, agrees as part of the mediated settlement agreement to amend all other existing lease agreements between the Respondent and the Petitioner for the use of Respondent's facilities for County EM:S purposes, to delete the provision in each of said leases that allows the Respondent to terminate the lease upon !'inety (90) days written notice. 12. This Agreement, dated March 2, 2006, contains all of the agreements of the parties. EXHIBIT -" 8 " Pa~ s -of s - Agenda Item No. 16K3 March 28, 2006 Page 1 of 2 Executive Summary Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Golden Gate Nursery, Inc. Resulting from the Acquisition of Parcel 140 in the Case Styled Collier County v. Rosa A. Hernandez, et al., Case No. 05-1033-CA (CR 951, Collier Boulevard, Project No. 65061) (Fiscal Impact, if accepted is $162,500) OBJECTIVE: Authorize the County Attorney's Office to make an offer to settle a claim for business damages associated with the acquisition of Parcel 140 in the case styled Collier County v. Rosa A. Hernandez, et ai., Case No. 05-1033-CA. CONSIDERATIONS: An Order of Taking was entered on September 7, 2005 in Collier County Circuit Court regarding the acquisition of Parcel 140 for the CR 951 Project. On September 16, 2005, the County deposited with the Court the good faith estimate of value in the amount of $183,300 for the aforementioned parcel in accordance with the Order of Taking. On December 5, 2005, the County received a business damage claim in an amount ranging from $770,000 to $848,000 on behalf of Respondent, Golden Gate Nursery, Inc. Pursuant to statute, the County must respond within 120 days with an acceptance, rejection or a counter-offer, and negotiate in good faith. If the County rejects the offer or fails to respond, and the owner recovers a business damage award, the County must pay the owner's attorney's fees at a percentage of the business damage aware, which will vary, depending on the size of the award, from 20 to 33%. The County has retained an outside expert for purposes of evaluating the business damage claim and recommends, based on the expert's review, that an offer be made in the amount of$162,500. FISCAL IMPACT: Funds in the amount of $162,500 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWN MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: I. authorize the County Attorney's Office to make a business damage offer pursuant to Statute; 2. approve the expenditure of the funds as stated, in the event such offer is accepted; and 3. direct the County Attorney's Office to prepare a settlement reflecting resolution ofthe business damage claim in this case, if the offer is accepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney. Item Number: Item Summary: Meeting Date: Agenda Item No. 16K3 March 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation that the Board 01 County Commissioners Authorize the County Attorneys Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Golden Gate Nursery, Inc. resulting from the Acquisition of Parcel 140 in the Case Styled Collier County v. Rosa A. Hernandez. et al., Case No. OS-1033-CA (CR 951. Collier Boulevard, Project #65061) (Fiscal Impact, if accepted is $162,500) 3/28/20069:0000 AM Assistant County Attorney Date Prepared By Ellen T. Chadwell County Attorney County Attorney Office 3114120068:32:14 AM Norm E, Feder, AICP Transportation Division Administrator Date Approved By Transporlatil)n Services Transportation Services Admin. 3/14/20069:44 AM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TEeM-ROW 3/141200610:24 AM Lisa Taylor Management/Budget Analyst Date Approved By Transportation Services Transportation Administration 3/141200611 :10 AM Approved By Accounting Supervisor Date Sharon Newman Transportation Services Transportation Services Admin 3/14/20062:27 PM Nlljeh Ahmad Director Date Approved By Transportation Se-rvicf.ls Transportation Engineering & Construction Management 3/14120064:28 PM David C. Weigel County Attorney Date Approved By County Attorney County Attorney Office 3/16/20064:18 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3/17/20068:04 AM Management & Budget Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 3/17/200611:04 AM James V, Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 3117/20066:01 PM Agenda Item No. 16K4 March 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of Collier County Commissioners approves a Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of lien arising out of Code Enforcement Board Case No. 2006-04. OBJECTIVE: That the Board of County Commissioners approves execution and recording ofa Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of lien arising out of the Code Enforcement Board Findings of Fact, Conclusions of Law and Order of the Board dated February 27, 2006, and recorded in the Public Records of Collier County. ~,...._~ CONSIDERATIONS: Code Enforcement Board Case No. 2006-04 involves the failure to obtain all required Collier County building permits, inspections and the Certificate of Occupancy for a garage conversion at 2118 44th Street SW, Naples. County records indicate that this garage conversion was completed in 1979. The citation(s) have been issued against the current owners, Russell W. and Kaydee L. Tuff, and the above- referenced Order allows them to either obtain the required permits by August 22,2006, or return the garage to its legal conforming state. In the interim, however, Mr. and Mrs. Tuff wish to sell their property at 2642 44th Terrace SW, but are unable to convey clear title due to this Code Enforcement Board Order. There is no known code violation on this property. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Release and Satisfaction of Lien applies only to 2642 44th Terrace SW and preserves any claim of lien the Code Enforcement Board may have against any other property owned by Mr. and Mrs. Tuff arising out of the February 27, 2006 Order. Additionally, the County Attorney's Office has approved the attached Release and Satisfaction of Lien for legal sufficiency. STAFF RECOMMENDATION: That the Board of County Commissioners approves the execution and recording of the proposed Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples. PREPARED BY: Jeffrey A. Klatzkow, Assistant County Attorney ....-..., Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K4 Agenda lIem No. 16K4 March 28. 2006 Page 2 016 Recommendation thai the Board of Collier County Commissioners approves a Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of hen arising oul of Code Enforcemen: Board Case No. 2006w04 3/28/20069.00:00 AM Date Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 3/21120063:59 PM Date Approved By David C. Weigel County Attorney County Attorney County Attorney Office 3121120064:01 PM Dete Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager County Manager's Office 3/22/20064:48 PM Agenda Item No. 16K4 March 28. 2006 Page 3 of 6 This instrument prepared by and kindly record and return to: Code Enforcement Department 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 RELEASE AND SATISFACTION OF LIEN This is to certify that any claim of lien arising out of the Code Enforcement Board Findings of Fact, Conclusions of Law and Order of the Board dated February 27, 2006, a certified copy of which was recorded in O.R. Book 3989 Pages 3763, et seq., on February 28, 2006, of the Public Records of Collier County, Florida, against the following described real property, owned by Russell W. Tuff and Kaydee C. Tuff, husband and wife, has been discharged in full as to the following property The real property located at 2642 44th Terrace SW, Naples, Florida, more specifically described in the deed recorded in Official Record Book 2551, Pages 0194 et seq., of the Public Records of Collier County. Folio No. 35997160002 Reference: CEB No. 2006-04 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property only, owned by Russell W. Tuff and Kaydee C. Tuff, husband and wife, and with respect to such parcel consents to this lien being discharged of record. With respect to any other property owned by Russell W. Tuff and Kaydee C. Tuff (aIkIa Kaydee L. Tuff), any lien arising out of the above-referenced Order remains in full force and effect. Dated this day of ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRANK HALAS, CHAIRMAN Jeffrey A. Kl atzko Assistant County Atto Agenda Item No. 16K4 March 28, 2006 Page 4 of 6 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, 'COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006-04 3792975 OR: 3989 PG: 3763 DCOIDID in OPlICIlL RICOlDS of COLLIn coum, PL 02/28/2006 at 02:50PI DWIGHt I. BROCE, CLBRI RlC DB 27.00 vs. RUSSELL W. AND KA YDEE L. TUFF, Respondents Retn: COOl BIPOIClIBIT InlROPPICI ATTI: SHIILBY GARCIA FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD / THIS CAUSE came on for public hearing before the Board on February 23, 2006, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That RUSSELL W. AND KA YDEE L. TUFF are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, failed to appear at 1he public hearing. 3. That the Respondents were notified of the date of bearing by certified mail and by posting. 4. That the real property located at 2118 44th Street South West, Naples, Florida, Folio Number 35751800003, more particularly described as Lot 8, Block 28, GOLDEN GATE, UNIT NO.2, Plat Book 5, Pages 65 through 77 of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1O.02.06(B)(l)(a), 10.02.06(B)(1)(d), 1O.02.06(B)(l)(d)(i) in the following particulars: The prohibited conversion of a garage into living space with the required Collier County Building Permits. ORDER OF TIIE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1O.02.06(B)(I)(a), 1O.02.06(B)(I)(d), 1O.02.06(B)(1)(d)(i) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits for the garage conversion and all required OR: A~Q ItM ~o3w 'fvia"r~ 28, ~Clb1l Page 5 of 6 inspections, including the Certificate of Occupancy, or return the area back to its legal conforming state (a garage) within 180 days (August 22,2006); 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 180 days (August 22, 2006), then there will be a fine of $25 per day for each day that the violation continues past that date. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of H h , 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:~' &',,-r./ Sheri Barnett, Interim Chair 2800 North Horseshoe Drive N~ples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was ackno)Vledged before me this~ day of k b . , 2006, by Sheri Barnett, Interim Chair of~ode Enforcement Board of Collier County, Florida, who is _ personally known to me or ~ who has pr u d a Florida Driver's Li ense as identification. .<7Z~ . ,""'" Donna L. Modugno .:-,~~~YP~" Commission #00234494 ~::'~::~ Expires: Aug 18.2007 '0.;;.-.. . ,l/ Bonded Thm .".,~~,',\",. I\llamic Bonding Co.. Inc. Stale 01 f LOHIUA ;ounty of COlUER I H EREBY etgt;~~~~~A~1S Is . true and correct cpi>3b~t"a ~~l.\J~)n.fHe '" Board Mp~es f"a' J:tec~Qs. ~ Collier Count) ~E~. ~ ~d_"seal this ~daYQf f"" :, ""'. ....- . .~,. DWIGHT 'E.:~tK~.C~bF COURTS ~""~"'I.." By: """ ,." C . . .- *** OR:A09'8~m~~m *** Page 6 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that atrue and correct copy of this ORDER bas been sJ-7'U' S. Mail to U. S. Mail tR1/ell and Kaydee Tuff, 2642 44th Terrace S,W., Naples, Florida 34116 this day of . , 2006. /Yl a;~ G~ M. Jean son, Esq. . Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239)263-8206 Agenda Item No. 17 A March 28, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve Petition A VESMT2005-AR8891 to disclaim, renounce and vacate the County's and the Public's interest in a portion of Tract R and a portion of a 10 foot utility easement according to the plat of "Creekside Commerce Park - Unit Two" as recorded at Plat Book 35, Pages 43 through 44, Public Records of Collier County, Florida OBJECTIVE: To adopt a Resolution to vacate a portion of Tract R and a portion of a 10 foot utility easement according to the plat of "Creekside Commerce Park - Unit Two". CONSIDERATIONS: Petition AVESMT2005-AR8891 has been received by the Engineering Services Department from Richard Yovanovich, Esq. as agent for the petitioner, Creekside West, Inc., the current owners of Tract R, requesting a vacation of a portion of Tract R and a portion of a 10 foot utility easement, more specifically described in Exhibit 'A'. An alternate utility easement has been recorded in place of the existing easement for the benefit of Florida Power and Light. """,-~ Letters of no objection have been received from: Collier County Engineering Services Florida Power and Light Company Sprint United Telephone Comcast Cable TV Creekside West Property-owner's Association FISCAL IMPACT: Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: ,..""-" There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. Agenda Item No. 17 A March 28, 2006 Page 2 of 8 RECOMMENDA TIONS: 1. Adopt the Resolution for Petition AVESMT2005-AR8891 for the vacation of a portion of Tract R and a portion of a 10 foot utility easement according to the plat of "Creekside Commerce Park - Unit Two" and more specifically described in Exhibit 'A' to the Resolution. 2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ",-. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A Agenda Item No, 17 A March 28, 2006 Page 3 of 8 Thi5 item requires tha1 all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT2005-AR8891 to disclaim, renounce and vacate the Countys and the Publics interest in a Portion of Tract R and a portion of a 10 foot utility easement according to the plat of Creekside Commerce Park Unit Two as recorded at Plat Book 35, Pages 43 through 44, Public Records of Collier County, Florida 3128/2006 9:00:00 AM Date Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Engineering Services 2128/200610:33:53 AM Date Approved By Constance A. Johnson Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. 2128/2006 11 :04 AM Approved By Date Thomas E. Kuck. P.E. Community Development & Environmental Services CDES Engineering Services Director COES Engineering Services 2128/2006 11 :50 AM Date Approved By Sandra Lea Board of County Commissioners Executive Aide to the BCC Bee Office JI6f2006 1 ;41 PM Date Approved By Joseph K. Schmitt Community Development & Environmental Sorvic&s Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/6/2006 1 :50 PM Date Approved By - OMB Coordinator Date County Manager's Office Approved By Mark Isackson County Manager's Office Administrative Assistant Office of Management & Budget Budget Analyst Office of Management & Budget 3/15/2006 8:27 AM 3115/2006 8:45 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 3/16120061:57 PM ~S10E: sTREEl a.. i <( ~ " u <> ii1 ~ < I!O '" ~ '" " ~ < ~ W Q. '3 0 ~ UJ u ~ ~ " ~ 0 u - w " en ~ 13 <(<DCO r--O- ...-00 ,N-::r o - ZCOIll N OJ E~ ctl Q)(,)o... ..... L.. -ctl .@~ C III OJ <( ~ ~ u S ~ " w '3 o " ~ i < ~ ~ ~ OYOtlNOUroNlill1 < ~ ~ Z ~ => o :: (,) (u.s.41l ~. m~m ~~d ~ w " i5 " " " " ~ ~ '" " m,a.HK Bl..~. c..R.a51 :nvos al lON / ~ - 0:- n ~"""" ~ ~ ~r I N ~ ~ ill u UJ g If) ifi UJ 5 ~ ~".'" ; ~~e ..., a.. <( ~ z 0 - ~ ~~i' U ~ale.... 0 ...J GULF OF MEXICO Agenda Item No. 17 A March 28, 2006 Page 5 of 8 RESOLUTION NO. 06-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR PETITION A VPLAT2005-AR8891 TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF TRACT R LOCATED ADJACENT TO LOT 15 ACCORDING TO THE PLAT OF "CREEKSIDE COMMERCE PARK WEST - UNIT TWO" AND A PORTION OF A 10 FOOT UTILITY EASEMENT AS RECORDED AT PLAT BOOK 35, PAGES 43 THROUGH 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS FURTHER DESCRIBED IN EXHffiIT 'A' WHEREAS, pursuant to Section 177.10 I, Florida Statutes Richard D. Yovanovich, Esq. of Goodlette, Coleman, Johnson, P.A. as agent for the petitioners, Creekside West, Inc., does hereby request the vacation of a portion of Tract R according to the plat of "Creekside Commerce Park West - Unit Two" and a portion of a utility easement as recorded in Plat Book 35, Pages 43 through 44, Public Records of Collier County, Florida, specifically described in Exhibit' A'; and WHEREAS, the Board bas this day held a public hearing to consider vacating a portion of Tract R and a portion of a utility easement according to the plat of "Creekside Commerce Park West - Unit Two", and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across a portion of Tract R and a portion of a 10 foot utility easement, as specifically described in Exhibit 'A' are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefi 1. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2006. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN SCALE: 1" =20' ~ o' 5' \0' 20' LOT 15 <0' O. 17A March 2 ,2006 Pag 6 of 8 .. ~-----\ ! ) "uE ~~'~\'E ::~:" ~ \\ / , _ " 16 ~ - v I'l ~ ---- ~OO.OO.E ~ 19.3.49' N90'OO'Oo"W 114.54' rr1 -i P.O.C. CREEKSIDE PARKWAY (64' R/W) (TRACT R) C[ - CURVE Cl C2 LEGAL DESCRIPTION: A PORTION OF CREEKSIDE STREET (TRACT R) OF CREEKSIDE COMMERCE PARK WEST -UNIT TWO AS RECORDED IN PLAT BOOK 35, PAGE 44, OF THE PUBLIC RECORDS OFFICE. COLLIER COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF LOT 15 OF CREEKSIDE COMMERCE PARK WEST -UNIT TWO AS RECORDED IN PLAT BOOK 35. PAGE 44. OF THE PUBLIC RECORDS OFFICE, COLLIER COUNTY; THENCE S.90'00'00" E., A DISTANCE OF 193.49 FEET TO THE POINT OF BEGINNING; BEING THE BEGINNING OF A CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES NORTH N.OO'OO'OO" L, A RADIAL DISTANCE OF 25.00 FEET AND HAVING A CHORD BEARING OF N.42'12'52" E., 37.03 FEET; THENCE NORTHEASTERLY ALONG THE ARC. THROUGH A CENTRAL ANGLE OF 95'34' 1 6", A DISTANCE OF 41.7D FEET; THENCE N.OS'34'16"W., A DISTANCE OF 3.99 FEET: THENCE N.84'25'44" E.. A DISTANCE OF 64.00 FEET; THENCE S.OS'34'16"E. A DISTANCE OF , S. 11 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 84'25'44", AND A CHORD BEARING OF 5.4747'08" E., 33.60 FEET; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 36.84 FEET; THENCE N.90"00'OO"W., A DISTANCE OF 114.S4 FEET TO THE POINT OF BEGINNING. CONTAINING 2,492.99 SQUARE FEET OR 0.0572 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. ,=to; ?J~ ):> o ?J -i.......... ?J~ ---.../ ---.../ CHORD BRG. N42'12'S2"E S4/47'08"E LEGEND: P.O.B.= POINT OF BEGINNING P.O.C.= POINT OF COMMENCEMENT R/W= RIGHT -OF -WAY U.E.= UTILITY EASEMENT NOTES: 1. BEARINGS ARE BASED ON THE PLAT OF CREEKSIDE UNIT TWO FOR THE EXCLUSWE USE O~ SCH[NKELSHULTZ ARCHITECTURE. INC. ilL ATT, .S.M. (FOR THE FIRM) FLA. Lie. '0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA liCENSED SURVEYOR AND MAPPER This is NOT B Survey. Wi_Miller -=O="J__ ~.~.~..,..,...~kftlttdI.~~ _tic. _....~..._. ~........,....,.................. Ft.I............. _........._ Dee 30. 2005 - 14:05:60 TOS80RNElx:\SVR\0049J5\ 1L-3BB.dwg PII:loIEI:I' IIDt 11&I' 04935-000-000 I aT I _ IlIIEX HlII 1 L-388 - ~lJ\'a~ l ef ~ .17A March 28 2006 Page 7 of 8 -r-----, \ 10' u.~. - - 'l \ ) ) -l R/WUN,J \ \ / N9CTOO'OO"W 114.54' ~ LOT 15 raoo.oo" , 193.49' P.O.C. - -' / N9CTOO'OO" E 114.54' ~ ~ P.O.B. CREEKSIDE PARKWAY (64' RjW) LINE Ll L2 BEARING SOO.OO'OO"W NOO'OO'OO" E LEGEND: P.O.B.= POINT OF BEGINNING P.O.C.= POINT OF COMMENCEMENT R/W= RIGHT -OF -WAY U.E.= UTILITY EASEMENT LEGAL DESCRIPTION A PORTION OF CREEKSIDE STREET (TRACT R) ALONG WITH A PORTION OF LOT 15 OF CREEKSIDE COMMERCE PARK WEST -UNIT TWO AS RECORDED IN PLAT BOOK 35, PAGE 44, OF THE PUBLIC RECORDS OFFICE, COLLIER COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF LOT 15 OF CREEKSIDE COMMERCE PARK WEST -UNIT TWO AS RECORDED IN PLAT BOOK 35, PAGE 44, COLLIER COUNTY; THENCE S.90"00'00" E., A DISTANCE OF 193.49 FEET TO THE POINT OF BEGINNING; THENCE N.90"OO'OO" E., A DISTANCE OF 114.54 FEET; THENCE N.OO.OO'OO" E., A DISTANCE OF 1 0.00 FEET; THENCE N.90'DO'OO"W., A DISTANCE OF 114.54 FEET; THENCE S.OO"OO'OO"W.. A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTA1NING 1145.40 SQUARE FEET OR 0.03 ACRES. MORE OR LESS. SUBJECT TO EASEMENTS. RESERVATIONS AND RESTRICTIONS OF RECORD. REV. 1 REVISED BEARINGS Jon 03. 2006 - 09:00:59 TOS90RNElx:\SUR\04935\ lL-390.dwg " () ;0 r1 \~ l!1 6 rI <!.\ ;u r1 l:\ It.- "..... 01 ~ \;0 \3 !IIi ) SCALE: ," =20' ~ . O' !j' 10' 20' <10' NOTES: 1. BEARINGS ARE BASED ON THE PLAT OF CREEKSIDE UNIT TWO FOR THE EXCLUSIVE USE OF: SCHENKELSHUL TZ ARCHITECTURE, INC. i.t~~'~M (FOR THE FIRM) FLA. L1C. O. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT 8 Survey. WI,.,,". ~r.==-.. ..............~...........~..........~~ _,he. -...."""...p. ..... .......... "........... '" ....... ...... .......- l'IlOBI' IClI .... lUlI35-000-000 1 .. 1 _ICG lD lL-311O 1'&\1\ E. ',( '-\ 'b.--r A: , ~~ 3 ~ 10' U.E. LOT 15 01 ~OO'O~E 193.49' P.O.C. CREEKSIDE PARKWAY (64' R/W) ct CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT Cl 15.00' 95'34'16" 25.02' 16.53 C2 15.00' 84.25'44" 22.10' 13.61 C3 25.00' 84'25'44" 36.84' 22.68 C4 25.00' 95'34'16" 41. 70' 27.56 8"'25., E 64.00. N · \ ,. R/w ""' 1"'1 \~ \~ ~ :;a 1"'1 r"\ -i \--- 1 N84"25'44-E 84.00' CHORD 22.22' 20.16' 33.60' 37.03' CHORD BRG. N42" 12'52" E S4747'08"E N4747'08"W N42'12'52"E LEGAL DESCRIPTION: A PORTION OF THE 1 0' UTILITY EASEMENT ON LOT 15 OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO AS RECORDED IN PLAT BOOK 35. PAGE 44, OF THE PUBLIC RECORDS OFFICE, COLLIER COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF LOT 15 OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO AS RECORDED IN PLAT BOOK 35, PAGE 44, COLLIER COUNTY; THENCE S.90'00'OO" E., A DISTANCE OF 193.49 FEET TO THE POINT OF BECINNING; THENCE N.OcrOO'OO"W., A DISTANCE OF 1 0.00 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT. OF WHICH THE RADIUS POINT LIES N.OcrOO'OO"W. A RADIAL DISTANCE OF 15.00 FEET AND HAVING A CHORD BEARING OF N.4Z 12'52" E.. 22.22 FEET; THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 95"34'16", A DISTANCE OF 25.02 FEET; THENCE N.05' 34'16"W., A DISTANCE OF 13.99 FEET; THENCE N.84'2S'44" E., A DISTANCE OF 84.00 FEET; THENCE S.05' 34'16" E., A DISTANCE OF 25.11 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 84'2S'44", AND A CHORD BEARING OF S.4747'08"E., 20.16 FEET; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 22.10 FEET; THENCE S.OO'OO'OO"W., A DISTANCE OF 1 0.00 FEET TO THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES N.OO'OO'OO" E., A RADIAL DISTANCE OF 25.00 FEET AND HAVING A CHORD BEARING OF N.4747'OB"W., 33.60 FEET; THENCE NORTHWESTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 84'25'44", A DISTANCE OF 36.84 FEET; THENCE N.05"34'16"W.. A DISTANCE OF 1S.11 FEET; THENCE S.84'25'44"W., A DISTANCE OF 64.00 FEET; THENCE S.OS'34'16"E., A DISTANCE OF 3.99 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 2S.00 FEET, A CENTRAL ANGLE OF 9S' 34'16", AND A CHORD BEARING OF S.42'12'S2"W.. 37.03 FEET; THENCE SOUTHWESTERLY ALONG THE ARC A DISTANCE OF 41.70 FEET TO THE POINT OF BEGINNING. n r '0 DAVID J. FLA. lIC. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. CONTAINING 1,658.84 SQUARE FEET OR 0.0381 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. Jon 03. 2006 - 0902,06 TOSBORNElx\SUR\04935\ lL-389.dw9 r;. r; ~ LINE L1 L2 L3 L4 L5 L6 liNE TABLE LENGTH 10.00 13.99 2S.11 10.00 15.11 3.99 IIIi ) SCALE: 1" =20' ~ 0' 5' 10' 20' 40' LEGEND; P.O.B.= POINT OF BEGINNING P.O.C.= POINT OF COMMENCEMENT R/W= RIGHT-OF-WAY U.E.= UTILITY EASEMENT NOTES: 1. BEARINGS ARE BASED ON THE PLAT OF CREEKSIDE UNIT TWO FOR THE EXCLUSIVE USE OF: SCHENKELSHULTZ ARCHITECTURE, INC. Wi,.Miller --.:=".=-. "......~.~......,...&..-...~.~~ _,ft<:. PIDBl' NlII IHEEI' 04935-000-000 I OF 1 ..,...,............. ,....,..........."."...........,.,... .....-....N......______ IlMIIIC IIIlEX NlII IL-389 lei .E.~~\~" A ~ of ~ Agenda Item No. 178 March 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance to amend the Collier County Vehicle for Hire Ordinance, as amended, to "grandfather" two (2) currently certificated vehicle for hire businesses to authorize each to continue to provide non-metered mileage service in unincorporated Collier County because each has had "taxi" in its trade name on or before December 11, 2002; also to delete an out-dated requirement regarding fictitious names. OBJECTIVE: Collier County's Vehicle for Hire Ordinance requires that businesses certificated by the Public Vehicle Advisory Committee (PVAC) that have "taxi," "cab" or "taxicab" in their trade name must offer mileage metered service. The PVAC is recommending that the Board consider enactment of the attached Ordinance to "grandfather" two (2) currently PVAC certificated businesses from application of that requirement. The PVAC is also recommending that an out- dated provision regarding fictitious names be deleted. CONSIDERATIONS: Two (2) currently PVAC certificated vehicle for hire businesses have had "taxi" in their respective trade name as of December 11, 2002, but do not provide, and may never decide to provide, metered mileage service (taxi service) in Collier County. The PVAC has concluded that this state of affairs is not causing confusion in the minds of the vehicle for hire traveling public. On February 14,2006, the Board directed staff to amend the PVAC Ordinance and place the proposed Ordinance on the Board's Agenda for possible enactment. The PVAC reviewed the proposed Ordinance during its March 6, 2006 meeting and is recommending that the BCC enact an amendment to "grandfather" these two (2) businesses against the subject Ordinance requirement. Also, Ordinance Subsection 142-52(a) requires an applicant to provide staff with proof of advertising if the business is to operate under a fictitious name. As that advertising requirement is no longer required by Florida Statute, the PVAC is recommending that such requirement be deleted from the Ordinance. FISCAL IMPACT: This amendment will have no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this proposed amendment. LEGAL CONSIDERATIONS: These amendments have been approved for legal sufficiency by the County Attorney's Office. ......,..." RECOMMENDATION: That the Board of County Commissioners adopt the attached Amending Ordinance to (1) authorize the PVAC to continue to issue "certificates to operate" to two (2) currently PV AC certificated businesses that do not provide, and may never elect to provide, metered mileage service in unincorporated Collier County although each business has had "taxi" in its Agenda Item No. 178 March 28, 2006 Page 2 of 6 respective trade name before and after December 11, 2002, and (2) to delete an out-dated Ordinance requirement regarding operation under a fictitious name. PREPARED BY: Thomas C. Palmer, Assistant County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 178 March 28, 2006 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 178 An Ordinance of Collier County. Florida, amending Collier County Ordinance No. 2001.75, as amended, The Public Vehicle for Hire Ordinance, by amending Subsection 142.52(6) 10 grandfather two (2) Vehicle For Hire businesses currently certificated by HIe Public Vehicle For Hire Advisory Committee that had taxi, cab or taxicab in its trade name as of December 11, 2002 but do not provide mileage metered service: also amending Subsection 142.54 (A) (10) to delete the now outdated requiremen! to provide a notarized copy of proof of advertising for a fictitious name, 3i2812006 9:00:00 AM Assistant County Attorney Dat& Appro\'ed By Thomas Palmer County Attomey County Attorney Office 31131200612:09 PM Date Approved By Cons.tance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 3/13/20063:05 PM Executive Aide to the BCe Date Approved By Sandra Lea Board of County Commissioners Bce Office 3/14120064;57 PM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3115/20067:41 PM Administrative Assistant D<lte Approved By OMB Coordinator County Manager's Office Office of Management & Budget 3/16/20069:58 AM Mark Isackson Budget Analyst Date- Approved By County M.:mager's Office Office of Management & Budget 3116120065:02 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3'17120065:38 PM ORDINANCE NO. 2006 - Agenda Item No. 17B March 28, 2006 Page 4 of 6 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001-75, AS AMENDED, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, BY AMENDING SUBSECTION 142-52(6) TO "GRANDFATHER" TWO (2) VEHICLE FOR HIRE BUSINESSES CURRENTLY CERTIFICATED BY THE PUBLIC VEHICLE FOR HIRE ADVISORY COMMITTEE THAT HAD "TAXI," "CAB" OR "TAXICAB" IN ITS TRADE NAME AS OF DECEMBER 11, 2002 BUT DO NOT PROVIDE MILEGAE METERED SERVICE; ALSO AMENDING SUBSECTION 142-54 (A)(10) TO DELETE THE NOW OUTDATED REQUIREMENT TO PROVIDE A NOTARIZED COPY OF PROOF OF ADVERTISING FOR A FICTITIOUS NAME; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, The PVAC is recommending to the Board of County Commissioners (in the Board's capacity as the "Public Vehicle Board") that Collier County Ordinance No. 2001-75 (the Public Vehicle for Hire Ordinance), as amended, be further amended to specify that this Ordinance shall "grandfather" only the two (2) currently PVAC certificated vehicle for hire businesses against the Ordinance's requirement (added to the Ordinance on December 11, 2002) that each vehicle for hire business that has "taxi," "cab" or "taxicab" in its trade name must provide mileage metered service; and WHEREAS, it has recently be brought to the PVAC's attention that only the subject two (2) vehicle for hire businesses now certificated by the PVAC had "taxi" in their trade name as of December 11, 2002, but do not provide, and may never elect to provide, metered mileage service in Collier County, but this state of affairs is not causing confusion to the vehicle for hire traveling public; and WHEREAS, because Florida Statutes no longer requires local advertising to acquire a "fictitious name," the PVAC is recommending that such now out-dated requirement be deleted from the PV AC Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsection (6) in Section 142-52 of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001-75, as amended) is hereby further amended to read as follows: "Sec. 142-52. Application for Certificate to Operate. (a) An application for certificate shall be filed with the PVAC on forms provided by the County Manager with-a nonrefundable application fee for each certificate. The prescribed fee shall be adopted by resolution of the Board of County Commissioners. The application form shall be verified under oath and shall furnish the following information: (1) If an individual, name and address of the applicant. (2) If a partnership, name and address of the applicant's business~names and addresses of all partners. (3) If a corporation: the exact corporate name and business address of the applicant's corporation, name and address of all directors and officers, Articles of Incorporation and all amendments thereto along with a certified copy of the Certificate of Incorporation. (4) The names and addresses of all persons or entities holding a ten percent or greater beneficial interest in the applicant's business or company. Failure to disclose such interest shall be grounds for the denial of the application of any applicant or revocation of any certificate. (5) Business telephone number and, if applicable, e-mail address.,. Underlined text IS added; ~tn;el' tRr8\;gR text 1S deleted. Agenda Item No. 17B March 28, 2006 Page 5 of 6 (6) The trade name under which the business will operate. The trade name under which the applicant intends to do business shall not be deceptively similar to the trade name of any other then current certificate holder or sub- certificate holder. Approval of the use of a trade name does not imply the use of said trade name is otherwise legally authorized. A separate certificate or sub- certificate is required for each trade name or fictitious name. No certificate or sub-certificate shall be issued to any business that has "taxi" or "cab" or "taxicab" in its name unless it will immediately be providing taxi services in Collier County. The precedina sentence shall not apply only to the two (2) currently PVAC certificated vehicle for hire business that had "taxi." "cab" or "taxicab" in their trade name as of December 11. 2002. E::lch such individual or entity mbJst comply with this requirement to be eligible to be issbled its PVAC certi~cate for 2006, or prereqblisite to transfer its certi~c3te, or permit prior to that time. Each person or entity planning to operate under a fictitious name shall attach to the application a notarized copy of the newspaper notice published in accordance with Section 865.09, Florida Statutes." SECTION TWO. Subsection 142-52(a)(10) of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001-75. as amended) is hereby further amended to read as follows: (10) Before U operating under a fictitious name, attach a notarized copy of ~ of adyertising to the apfdlication in accor9ance 'Nith aection g65.m~, provide proof to staff that the fictitious name was acauired pursuant to then applicable Florida Statutes. A separate certificate to operate is required for each fictitious name. SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective upon receipt by the Florida Department of State. Underlined text is added; slruek tllr8\<gfl text is deleted. 2 Agenda Item No. 17C March 28, 2006 Page 1 of 21 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners consent to the request of the Board of Supervisors of the Wentworth Estates Community Development District and adopt an ordinance amending Ordinance No. 2004-37 in order to correct an error in the metes and bounds legal description of the Wentworth Estates Community Development District. OBJECTIVE: That the Collier County Board of County Commissioners (BCC) adopt an ordinance consenting to the request by the Board of Supervisors of Wentworth Estates Community Development District (Wentworth Estates CDD) pursuant to Chapter 190, Florida Statutes, to correct an error in the metes and bounds legal description of the Wentworth Estates CDD. BACKGROUND: On June 8, 2004, by Ordinance No. 2004-37, the BCC established the Wentworth Estates CDD which comprised approximately 978.58 acres entirely within Collier County, in an area generally located south of Tamiami Trail between S.R. 951 and C.R. 864. The application to the County erroneously included a small parcel owned by FP&L which contains a substation. This error must be corrected as a condition of financing to the District. CONSIDERATIONS: This is a ministerial request by the Board of Supervisors of the Wentworth Estates CDD to correct an error pertaining to the metes and bounds legal description of the District, with the correct acreage of 973.23 described in Exhibit 3 of the petition. FISCAL IMP ACT: There is no fiscal impact on the taxpayers of Collier County. The District has agreed to pay all costs associated with correcting this error. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATION: This ordinance is authorized by Chapter 190, Florida Statutes, and has been reviewed and approved by the County Attorney's Office. STAFF RECOMMENDATION: That the BCC adopt the proposed ordinance authorizing Wentworth Estates CDD's Board of Supervisors request to correct an error pertaining to the metes and bounds legal description of the approved district, per Chapter 190, Florida Statutes. Prepared by: Marcia R. Kendall, Planner, Comprehensive Planning Department /"""..-.., Item Number. Item Summary: Meeting Date: Agenda Item No. 17C Mandl 28. 2006 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS He Recommendation that the Board of County Commissioners consent to the request of the Board of Supervisors of the Wentworth Community Development District and adopt an ordinance amending Ordinance No, 2004-37 in order to correcl an error in the meles and bounds legal description of the Wentworth Community Development District. 312812006 9:00:UO AM Date Prepared By Marcia Kendall Community Development & Environmental Services Planner Comprehensive Planning 3110/20068:26:20 AM Date Approved By Constance A. Johnson Operations Arli::llyst Community Development & Community Development & Environmental Services Environmental Services Admin. 3113!2006 4:38 PM Sandra Lea Date Approved By Board of County Commissioners Executrve Aide to the BCe Bee Office 3/14/20064:57 PM Randall J. Cohen Date. Approved By Community Development & EnVlronm(lnt",1 SDrvices Cornmuinty Planning and Redevelopment Manager Comprehensive Planning 3/15120069:07 AM Date Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 3/15/200610:57 AM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adrninstrator Community Development & Environmental Services Admin. 3/15120067:39 PM Administrative Assistant Date Approved By OMS Coordinator County Managfu's Office Office of Management & Budget 3/16/20069:56 AM Budget Analyst Date Approved By Mark Isackson County Manager's OHice Office of Management & Budget 3117120069:09 AM County Manag\lr Data Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/17120062:39 PM Agenda Item No. 17C March 28, 2006 Page 3 of 21 ORDINANCE NO. 2006- J AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTy, FLORIDA, AMENDING ORDINANCE NO. 2004.37, WHICH ESTABLISHED THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT, IN ORDER TO CORRECT THE METES AND BOUNDS LEGAL DESCRIPTION OF DISTRICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 2004-37, the Board of County Commissioners of Collier County, Florida (County), established the Wentworth Estates Community Development District pursuant to Section 190.005, Florida Statutes. and other applicable provisions of law governing county ordinances; and WHEREAS, Wentworth Estates Community Development District, a unit of special purpose government, petitioned the County to correct an error in the legal description of Wentworth Estates Community Development District (the "District"). and to amend the establishing Ordinance No. 2004-37 (the "Ordinance") to reflect said correction; and WHEREAS, all interested persons and affected units of general-purpose government were afforded an opportunity to present oral and written comments on the Petition at a duly noticed public hearing conducted by the County on ; and WHEREAS, upon consideration of the record established at that hearing, the County determined the following: I. The statements within the Petition are true and correct. 2. Amending the Ordinance is not inconsistent with any applicable element or portion of the state comprehensive plan or the local government comprehensive plan. 3. The land within the District continues to be of sufficient size, to be sufficiently compact, and to be sufficiently cOlltiguous to be developable as a functionally interrelated community. 4. The District continues to be the best alternative available for delivering community development services and facilities to the area served by the District. 5. The services and facilities of the District will continue to not be incompatible with the capacity and uses of any existing local and regional community development services and facilities. 6. The area to be served by the District remains amenable to separate special-district governance; and WHEREAS, amending the Ordinance will allow the District to continue to constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area described in the petition. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 17C March 28, 2006 Page 4 of 21 SECTION 1. The above Recitals are hereby incorporated herein by reference as legislative findings of fact in support of this Ordinance, SECTION 2. AUTHORITY. This ordinance is amended in compliance with and pursuant to Chapter 125, Florida Statutes (2005), and other applicable laws governing county ordinances. SECTION 3. AMENDMENT OF ORDINANCE NO. 2004-37. The original legal description of the District described in Exhibit A, is hereby superseded and replaced by the legal description of the District described in Exhibit B, attached hereto and incorporated herein by reference, and shaH amend Ordinance No. 2004-37 and become the legal description for the District. SECTION 4. EXTERNAL BOUNDARIES OF THE DISTRICf. The external boundaries of the District encompass 973.23 acres of land, more or less, all as described in Exhibit B. SECTION 5. SEVERABILITY. If any phase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 6. EFFECfIVE DATE. This Ordinance shall take effect 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. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNfY COMMISSIONERS OF COLLIER COUNfY, FLORIDA , Deputy Clerk By: FRANK HALAS, Chairman By: Jeffrey ; Assistan Attachments Exhibit.'A" Exhibit "B" 2 Agenda Item No. 17C March 28, 2006 Page 5 of 21 BEFORE THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PETITION TO CORRECT A SCRIVENER'S ERROR AND AMEND ORDINANCE NO. 2004-37. Petitioner, Wentworth Estates Community Development District, a local unit of special purpose government established pursuant to the provisions of Chapter 190, Florida Statutes, and Collier County Ordinance No. 2004-37, and located entirely within the boundaries of Collier County, Florida (hereafter "District"), hereby petitions the Collier County Board of County Commissioners, pursuant to Chapter 125, Florida Statutes, specifically ~ 125.01(5)(a), Florida Statutes and the "Uniform Conununity Development District Act of 1980," Chapter 190, Florida Statutes, to correct a scrivener's error to the original legal description of the District and amend Ordinance No. 2004-37. In support of this Petition, the District states: 1. The District is located entirely within Collier County, Florida. Exhibit 1 depicts the general location of the existing District. The District currently covers approximately 979 acres of land. The current metes and bounds description of the external boundaries of the District, as contained in Ordinance No. 2004-37, is set forth in Exhibit 2. The corrected metes and bounds description for the District is set forth in Exhibit 3 (the "Corrected Legal Description"). 2. The District's Board of Supervisors has adopted a Resolution, requesting the correction of this scrivener's error, which is attached here as Exhibit 4. Agenda Item No. 17C March 28, 2006 Page 6 of 21 3. The District only recently discovered the error on conjunction with the District's planned issuance of Special Assessment Bonds to fund improvements to the lands within the District. 4. The authorized agent for the Petitioner is Jonathan Johnson. Copies of all correspondence should be sent to District Counsel at the following address: Jonathan T. Johnson HOPPING GREEN & SAMS, P.A. 123 South Calhoun Street Post Office Box 6526 Tallahassee, Fl32314 5. This Petition to correct the legal description of the District's external boundaries caused by a scrivener's error and to amend Ordinance No. 2004-37, should be granted for the following reasons: a. Correction of the legal description of the District's external boundaries and all land uses and services planned within the District are not inconsistent with applicable elements or portions of the adopted State Comprehensive Plan or the Collier County Comprehensive Plan. b. The area of land within the District is part of a planned community. The District will continue to be of sufficient size and sufficiently compact and contiguous to be developed as one functional and interrelated community. c. The District will continue to prevent the general body of taxpayers in Collier County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the District. The District continues to be the best alternative for delivering community development services and facilities without 2 Agenda Item No. 17C March 28, 2006 Page 7 of 21 imposing an additional burden on the general population of the local general-purpose government. d. The community development services and facilities of the District will remain not be incompatible with the capacity and use of existing local and regional community development services and facilities. e. The area to be served by the District remains amenable to separate special-district government. WHEREFORE, Petitioner respectfully requests the County Commission of Collier County, Florida to grant the Petition and amend Collier County Ordinance No. 2004-37, which amendment shall be noticed at least once, at least ten days in advance of the meeting of the Board of County Commissioners. RESPECTFULLY SUBMITTED, this 10-1 "day of fd rua., y, 2006. HOPPING GREEN & SAMS, P.A. By: ~- ~ -4~. Jonathan T. Johnson Florida Bar No. 986460 123 Calhoun Street Post Office Box 6526 Tallahassee, FL 32314 (850) 222-7500 (telephone) (850) 224-8551 (facsimile) Attorney for the Petitioner 3 EXHIBIT 1 Agenda Item No. 17C March 28, 2006 Page 8 of 21 ~ Agenda Item No. 17C March 28, 2006 Page 9 of 21 COLLIER COUNTY riff ., - --- -- - .,. /'" /'" . / /'" /'" / / -- -- -- / -- ..~ -- I -- -- J .0 g N ,,; o --) ( '- ~ i i & i t ~ i a. Approximate North Parcel Location . I ::> ~ ~ E ~ ~ ~ ,.- ~ .... .., N ~ ,.- z i -.-..---. ../ . sooo , l 0\ . I , \ l..- ...~" ApproXi,mate South Parcel Location>... """ / / ..../ LAnlVDE 215'O~40"N. LONGITUDE 81"44"12-W ......... ...... 21SS JOHNSON S"lREET P.O. BOX '1 550 FOAT l.I'l'ERS. FlORIDA 33Q02-HS50 PHONE (1l41) 334-0048 FAX (941) 334-3661 E.B. 1642 a: LB. 1642 Site Location Sketch Wentworth Estates OA~ AprV. 2003 EXHIBIT 2 Agenda Item No. 17C March 28, 2006 Page 10 of 21 Agenda Item No. 17C March 28, 2006 Page 11 of 21 DESCRIPTION PARCEL 1 Description of Part of Sections 29, 30 and 31, Township 50 South. Ran,e 26 East, Collier County, Florida Beginning at the northwest corner of said Section 30; theoce along the north line of said Section 30, North 88023'16" Eut, 2491.52 feet; thence continue along the north line of said Section 30 North 88013'29" East 1636.98 feet to the southwesterly riptoOf-way ofTamiami Trail (US 41) (200' right-of-way); thence along said right-of-way South 39003'42" East 2333.04 feet; thence leavinj said riptoOf-way South 38017'43" West 581.30 feet; thence North 89034'42" Weat 348.55 feet: thence South 02048'31" West 308.99 feet; thence South 88028'28" West 30.00 feet to the east quarter comer ofsaid Section 30; thence along the north line of those lands described in Official Recorda Book (OR Book) 105, pages 595-597 and OR Book 105, Pages 592-594, Public Recorda of Collier County, Florida, South 87014'44" West 683.13 feet; thence along the west line of said land described in OR Book 105, pages 592-594 South 00020'37" West 672.63 feet; thence along the south line of said lands North 87026'41" East 654.42 feet to the west line of Myrtle Cove Acres Unit No.1 u recorded in Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the west line of said Unit No.1 South 02045'35" West 1919.99 feet to the southeast comer of said Section 30; thence along the east line of said Section 31, South 02045'30" West 2335.35 feet; thence South 830)0'57" West 1549.05 feet; thence North 56010'37" West 816.27 feet; thence North 89<>29'19" West 558.68 feeti thence North 01035'00" East 1675.69 feet; thence North 89D27'15" West 508.31 feet; thence South 70033'22" West 1109.51 feet; thence due West 357.35 feet to the west line of said Section 31; thence along the west line of said Section 31, North 00019'55" East 412.36 feet to the northwest comer of said Section 31; thence along the west line of said Section 30, North 00020'37" East 2685.56 feet to the west quarter comer of said Section 30; thence continue along the west line of said Section 30, North 00022'18" But 2687.69 feet to the said Point of Beginning; Less and except the following descn"bed parcel of land: A parcel ofland situated in Section 30, Township 50 South. Range 26 East, Collier County, Florida being more particularly described as folloM: Commence at the Northwest comer of Section 30, Township 50 South. Range 26 East, Collier County, Florida for a Point of Beginning and nm North 88023'16" East along the north line of said Section 30, a distance of 2030.79 feet to an intersection with the west line of a I100foot right-of-way u recorded in Official Records Book 192, page 513 of the Public Records of Collier County, Florida; thence nm South 01036'32" West along said west line, a distance of 1038.85 feet to a point on a curve being concave southerly and having a radius of 524.71 feet, a central angle ofl9050'21" and a chord bearing and distance of North 88017'59" West, 180.78 feet, respectively; thence nm westerly along said curve, an arc distance of 181.69 feet; thence nm alona a non-tangential line South 86032'53 " West, a distance of 226.34 feet to the point of cmvature of a curve being concave southerly and havin, a radius of 649.22 feet, a central angle of 17058'25" and a chord bearing and distance of South 77033'41" West, 202.83 feet, respectively; thence nm westerly along said curve, an arc distance of203.66 feet; thence nm along a non-tangential line South 62038'23" West, a distaDce of134.l4 feet; thence nm South 17006'51" West, a distance of 49.03 feet; thence nm South 00032'01" West, a distance of710.96 feet; thence nm North 79028'24" West, a distance of78.01 feet to a point on a curve being concave southerly and having a radius of 410.07 feet, a central angle of61 025'19" and a chord bearing and distance of South 77042'06" West. 418.85 feet, respectively; thence nm westerly along said curve, an arc distance of 439.60 feet to a point on a non-tangential curve being concave southeasterly and having a radius of 307.09 feet, a central angle of 14054'19" and a chord bearing and distance of South 41024'48" West, 79.66 feet. respectively; thence nm southwesterly along said curve, an arc distance of79.89 feet to the point of reverse curvature ofa curve being concave northwesterly and having a radius of46.70 feet, a central angle ofS3009'03" and a chord bearing and distance of South 60"32'10" West. 41.78 feet, respectively; thence nm southwesterly along said curve. an arc distance of 43.32 feet; thence nm along a non-tangential line South 85014'02" West, a distance of143.73 feet to a point on a curve being concave northeasterly and having a radius of 203.40 feet, a central angle ofS 1036'36" and a chord bearing and distance of North 70050'20" West, 177.08 feet, respectively; thence nm northwesterly along said curve, an arc distance of 183.21 feet to a point on a non-tangential reverse curve being concave southeasterly and having a radius of205.00 feet, a central angle of75021'41" and a chord bearing and distance of South 70042'43" West. 250.62 feet, respectively; thence nm sOuthwesterly along said curve, an arc distance of269.64 feet; thence nm North 56058'08" West, a distance of30.60 feet; thence nm South 46044'30" West, a distance of 41.78 feet; thence nm South 90000'00" West, a distance of 10.00 feet: thence nm North 88051'11" West, a distance of31.19 feet; thence nm North 80045'12" West, a distance of 50. 56 feet to an intersection with the west line of said Section 30; thence nm North 00022'18" East along said west line, a distance of 2047.80 feet t? the said Point of Beginnn" Containing 28,802,253.34 square feet or 661 .21 8Ct'ClI of 1and, more or leu. Agenda Item No. 17C March 28, 2006 Page 12 of 21 ALSO INCLUDING THE FOLLOWING: PARCEL 2 Description of Part of Section 32, TOWlUlhip ~o South, Range 26 Eat. Collier County, Florida: BelPnnin. at the southwest comer of .aid Section 32; thence alq the welt line of said Sec:tion 32, North 02048'47'" But, 2394.57 feet; thence leavina laid weat line North ~~56'O1" But 2041.35 feet to the boundary of the plat of Trail ACfCI Unit 2, Plat Book 4. Pille 62, ColUer County, Florida; thence along said plat boundary South 3~03'07" But 1309.16 feet; thence continue along said plat boundary North 50055'09" East 762.41 feet; thence leavina said plat boundary South 39004'5 I" East 430.46 feet; thence North 50058'21" East 199.96 feet to the boundary oftbe plat of Trail Acrea Unit 3, Plat Book 3, Pille 94. Collier County, Florida; thence alonasaid plat boundary South 39001'39" But 962.19 feet; thence continue alona Did plat boundary South 8'7'134'19" East 1003.95 feet to the east line of said Section 32: thence leaving said plat boundary and aloDl said cut line, South 02DJ2'54" Welt 1912.12 feet to the 80uthcut comer of said Section 32; thence aloni the south tiDe of said Section 32, North 89D40'29" Welt 2625.9~ feet to the south quarter comer of laid Section 32: thence continue alona the south line of said Section 32, North 8~40'08" West 2625.60 feet to the said Point ofBeIDmfng; Containina 313.76 acrea. more or ICII8. Subject to easements and restrictions of record Bearings are based on the south line of said Sec:tion31 beina North 8~41'53" West. ALSO INCLUDING THE FOLLOWING: PARCEL 3 (an easement 1~terest only 1n Parcel 3) A parcel of land .ituated in Section 31, TOWlUlbip 50 South, Ranse 26 Eat. Collier County. Florida and beins more particularly described B8 follows: Commence at the southeut comer of Section 31, Township ~O South, Ranse 26 But, Collier County, Florida and nm North 02048'47" But along the cut line of laid Section 31. a diataoce of 1899.79 feet to the Point ofBeginnin.: thence nm South 89D53'46" West, a distance of409.72 feet to the point ofcurvature or. curve hem, CODCave northeasterly sod baving a radius of35S.00 feet,. central anaIe of73029'53" sod a chord bearin& and distance of North 53021'18" West, 424.80 feet, respectively: thence nm DOrthweeterly alOl1l said curve, an arc diJtance of 4~~.39 feet to the point of tangency of said curve: thence nm North 16036'21" West, . diItance of 497 .~5 feet to the point of curvature ola curve being concave southwcaterly and bavina a radius of44~.OO feet, a central maIo of 18047'05" and a chord bearina and distance of North 25059'54" West, 145.24 feet. respectively; tbcDce nm northwcaterly along said curve, an arc distance of 145.90 feet: thence nm North 83030'57" Eat.. distance of 122.06 feet to a point on a curve being concave southwesterly and having a radius of 5~5.00 feet,. central mg1e of lr4O'~5" and a chord bearing and distance of South 22056'49" Eat, 122.59 feet, respectively: thence nm soutbeuterly along said curve, an arc distance of 122.84 feet to the point of tangency of said curve; thence nm South 16036'21" But, a distance of 497.55 feet to the point of curvature of. curve being concave DOrtheasterly and having. radius of 245.00 feet, . central angle of73029'~3" and. chord bearing and distance ofSoutb 53021'18" Eat. 293.17 feet, respectively; thence nm southeasterly along said curve, an arc distance of 314.28 foot to the point oftangcncy of aid curve; thence nm North 89"53'46" But.. distance of415.33 feet to an intersection with said cut line of Section 31: thence nm South 02048'47" West along said eut line, . distance of 110.14 feet to the said Point of Beginning. Containing 157,195.12 squ~ feet or3.61 &erc8 ofland, more orlCll8. Total acreage of Parcel. 1,2 and 3 is 978.58 &erc8 of land, more or less. EXHIBIT 3 Agenda Item No. 17C March 28, 2006 Page 13 of 21 Agenda Item No. 17C March 28, 2006 Page 14 of 21 PARCEL) Description of Part 01 Sections 29, 30 and 31, Township 50 South, Range 26 East, Collier County, Florida Beginning at the northwest comer of said Section 30: thence along the north line of said Sectlon 30, North 88.23'16' East, 2491.52 feet; thence continue along the north line of said Section 30 North 88'13'29' East 1636.98 feet to the southwesterly right-of-way of Tamlami Trail (US 41) (200' right-of-way); thence along said right-of-way South 39"03'42. East 2333.04 feet thence leaving said right-of-way South 38017'43' West 581.30 feet; thence North 89'34'42. West 348.55 feet; thence South 02048'31' West 308.99Ieet; thence South 88'28'28' West 30.00 feet to the east quarter comer of said Section 30; thence along the north line of those lands described In Official Records Book (OR Book) 105, pages 595-597 and OR Book 105, Pages 592-594, Public Records of Collier County, Florida, South 87'14'44. West 683.13 feet; thence along the west line of said land described in OR Book 105, pages 592-594 South 00'20'37' West 672.63 feet; thence along the south Une of said lands North 87026'41' East 654.42 feet to the west line of Myrtle Cove Acres Unit No.1 as recorded In Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the west line of said Unit NO.1 South 02"45'35' West 1919.99 feet to the southeast comer of sald Section 30; thence along the east line 01 said Section 31, South 02.45'30' West 2335.35 feet; thence South 83030'57" West 1549.05 feet; thence North 56'10'37" West 816.27 feet; thence North 89'29'19. West 558.68 feet; thence North 01'35'00' East 1675.69 feet thence North 89'27'15' West 508.31 feet; thence South 70033'22' West 1109.51 feet; thence due West 357.35 leet to the west line of said Section 31; thence along the west line of said Section 31, North 00'19'55' East 412.36 feet to the northwest comer of said Section 31; thence along the west Une of said Section 30, North 00'20'37' East 2685.56 feet to the west quarter comer 01 said Section 30; thence continue along the west line of said Section 30, North 00'22'18. East 2687.69 feet to the said Point of Beginning; lM8}~'~igtMt'i.nd~'~OR8ook 192. PBge 514.PibIIc R.cori*foteomer~.Fiorida.!; Conbt;lnlng ~.3! .a.,l1'\0I9 01'... "~. . . . - ~, And less and except the following described parcel of land: A parcel of land situated In Section 30, Township 50 South, Range 26 East, Collier County, Florida being more particularly described as follows: Commence at tf1e Northwest comer of Section 30, Township 50 South, Range 26 East, Collier County, Florida for a Point of Beginning and rtIl North 88'23'16' East along the north line of said Section 30, a distance of 2030.79 feet to an intersection with the west line of a 11 O-foot right-of-way as recorded in Official Records Book 192, page 513 of the Public Records of Collier County, Florida; thence nil South 01'36'32' West along said west line, a distance of 1038.85 feet to a polnt on a curve being concave southerly and having a radius of 524.71 feet, a central angle of 19"50'21. and a chord bearing and distance of North 88'17'59. West, 180.78 feet, respectively; thence run westerly along said curve, an arc distance of 181.69 feet; thence run along a non-tangential line South 86'32'53. West. a distance of 226.34 feet to the point of curvature of a curve being concave southerly and having a radius of 649.22 feet. a central angle of 17'58'25. and a chord bearing and distance of South 77'33'41. West, 202.83leet, respectively; thence run westerly along said curve, an arc distance of 203.66 feet; thence run along a non-tangential line South 62'38'23. West, a distance of 134.14 feat; thence run South 17'06'51. West, a distance of 49.03 feet; thence rtIl South 00'32'01' West, a distance of 710.96 feet; thence run North 79'28'24. West, a distance of 78.01 feet to a point on a curve being concave southerly and having a radius of 410.07 feet, a central angle of 61'25'19. and a chord bearing and distance of South 77'42'06. West, 418.85 feet, respectively; thence n.a1 westerly along said curve, an arc distance of 439.60 feet to a point on a non-tangential curve being concave southeasterly and having a radius of 307.09 feet, a central angle of 14'54'19' and a chord bearing and distance 01 South 41'24'48. West, 79.66 feet, respecUvely; thence run southwesterly along said curve. an arc distance of 79.69 feet to the point of reverse curvature of a curve being concave northwesterty and having a radius of 46.70 feet, a central angle of 53.09'03' and a chord bearing and distance of South 60'32' 1 O' West, 41.78 feet, respectively; thence run southwesterly along said curve, an arc distance of 43.32 feet; thence run along a non-tangential line South 85'14'02. West, a distance of 143.73 feet to a point on a curve being concave northeasterly and having a radius of 203.40 feet, a central angle of 51'36'38. and a chord bearing and distance of North 70'50'20' West, 177.08 feet, respectively: thence run northwesterly along said curve, an arc distance of 183.21 feet to a point on a non-tangential reverse curve being concave southeasteriy and having a radius of 205.00 feet. a central angle of 75'21'41' and a chord bearing and distance of South 70'42'43' West, 2SO.62 feet, respectively; thence run southwesterly along said curve, an arc distance of 269.64 feet: thence run North 56'58'OS' West a distance of 30.60 feet; thence run South 46'44'30. West a distance of 41.78 feet; thence run South 90'00'00. West, a distance of 10.00 feet: thence run North 88'51'11. West, a distance of 31.19 feet; thence run North 80"45'12. West. a distance of SO.56 feet to an intersection with the west line of said Section 30; thence run North 00'22'18' East along said west line, a distance of 2047.80 feet to the said Point of Beginning. Total acreage of Parcel 1 contains 28,569,302.05 square feet or 655.88 acrea of land; more or iesa..; Agenda Item No. 17C March 28, 2006 Page 15 of 21 ALSO INCLUDING THE FOLLOWING: PARCEL 2 Description of Part of Section 32, Township SO South, Range 26 East, Collier County, Florida: Beginning at the southwest corner of said Section 32; thence along the west line of said Section 32, North 02048'47. East, 2394.57 feet; thence leaving said west line North 59056'01' East 2041.35 feet to the boundary 01 the plat of Trail Acres Unit 2, Plat Book 4, page 62, Collier ColXlty, Florida; thence along said plat boundary South 39003'07' East 1309.16 feet; thence continue along said plat boundary North S0055'09. East 762.41 feet; thence leaving said plat boundary South 39004'51' East 430.46 feet; thence North 50058'21. East 199.96 feet to the boundary of the plat of Trail Acres Unit 3, Plat Book 3, page 94, Collier County, Florida; thence along said plat boundary South 39001'39. East 962.19 feet; thence continue along said plat boundary South 87034'19. East 1003.95 feet to the east line of said Section 32; thence Ieavlng said plat boundary and along said east line, South 02032'54' West 1912.12 feet to the southeast comer of said Section 32; thence along the south line of said Section 32, North 89040'29. West 2625.95 feet to the south quarter comer of said Section 32; thence continue along the south line of said Section 32, North 89040'08' West 2625.60 feet to the said Point 01 Beginning; Containing 313.76 acres. more or less. Subject to easements and restrictions 01 record. Bearings are based on the south line of said Section 31 being North 89041'53' West. ALSO INCLUDING THE FOLLOWING: PARCEL 3 (An easement interest only in Parcel 3) A parcel of land situated in Section 31, Township 50 South. Range 26 East, Collier County, Aorlda and being more particularly descrlbed as follows: Commence at the southeast comer of Section 31, Township SO South, Range 26 East. Collier County, Florida and run North 02048'47. East along the east line of said Section 31, a distance of 1899.79 feet to the Point of Beginning; thence run South 89053'48. West, a distance of 409.72 feet to the point of curvature of a curve belng concave northeasterly and having a radius 01355.00 feet, a central angle of 73029'53. and a chord bearing and distance of North 53021'18. West, 424.80 feet, respectively; thence run northwesterly along said curve, an arc distance of 455.39 feet to the point of langency of said curve; thence run North 16036'21' Wesl, a distance of 497.55 feet to the point of curvature of a curve being concave southwesterly and having a radius of 445.00 feet, a central angle of 18047'05. and a chord bearing and distance of North 2505g54' West, 145.24 teet. respectively; ltlence run northwesterty along said curve, an arc distance of t 45.90 feet; thence run North 83030'57. East. a distance of 122.06 feel 10 a point on a curve being concave southwesterly and having a radius of 555.00 feet, a central angle of 12040'55' and a chord bearing and distance of South 22056'49' East, 122.59 feet, respectively; thence run southeasterly along said curve, an arc distance of 122.84 feet to the point of tangency of said curve; thence run South 16"36'21. East. a distance of 497.55 feet 10 the point of curvature of a curve being corcave northeasterly and having a radius of 245.00 feet, a central angle 01 73029'53' and a chord bearing and distance of South 53021 '18' East, 293.17 feet, respectively; thence run southeasterly along said curve, an arc distance of 314.28 feet to the point of tangency of said curve; thence run North 89053' 46. Easl, a distance of 415.33 feet to an intersection with said easlline of Section 31: thence run South 02048'47' Wesl along said east line, a distance of 110.14 feet 10 the said Point of Beginning. Containing 157,195.12 square feet or 3.61 acres of land, more or less. T olal acreage of Parcels 1, 2 and 3 is 973.23 acres of land, more or less. EXHIBIT 4 Agenda Item No. 17C March 28, 2006 Page 16 of 21 Agenda Item No. 17C March 28, 2006 Page 17 of 21 RESOLUTION NO. 2006 . -L A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE WENTWORTH EST A TES COMMUNITY DEVELOPMENT DISTRICT DIRECTING THE CHAIRMAN AND ALL DISTRICT STAFF TO FILE A PETITION WITH THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY REQUESTING THAT A SCRIVENER'S ERROR TO THE LEGAL DESCRIPTION OF THE CDD BE CORRECTED; REQUESTING AN AMENDMENT TO COUNTY ORDINANCE # 2004.37 wmCH ESTABLISHED THE CDD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the Wentworth Estates Community Development District (the "District") is a unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes ("Uniform Act"); and WHEREAS, Petitioner, V.K. Development Corp.. petitioned the Board of County Commissioners of Collier County, Florida (the "County") to establish the District on or about April 8, 2004; and WHEREAS, a public hearing was held on said Petition on June 8, 2004, in accordance with 9 190.005, Florida Statutes; and WHEREAS, Ordinance # 2004-37 ("Ordinance") was duly adopted by the County on June 8, 2004, establishing the District; and MlEREAS, The Petition contained a legal description representing the external boundaries of the District that erroneously included 5.35 acres, more or less, of land owned by Florida Power & Light (FP&L) for which Petitioner did not have consent, which legal description is attached to this Resolution as Exhibit A; and WHEREAS. Petitioner did not have consent to include these lands within the legal description. such that these lands are not correctly included in the District; and WHEREAS, Section 190.046. Rorida Statutes, is not applicable because of the failure to properly include such lands; and WHEREAS. the correct legal description of the external boundaries of the District is attached to this Resolution as Exhibit B; and WHEREAS, the District determined that the scrivener's error in the original legal description of the District must be corrected; and Agenda Item No. 17C March 28, 2006 Page 18 of 21 WHEREAS, the proposed correction to the legal description and Ordinance are in the best interests of the District, the County, and the future residents and landowners of the District; and WHEREAS, the proposed correction to the legal description and Ordinance is not inconsistent with the State Comprehensive Plan or the Collier County Comprehensive Plan; and WHEREAS, the proposed correction to the legal description and Ordinance will allow the District to continue to be of sufficient size, sufficiently compact, and sufficiently contiguous to be developable as one functionally related community; and WHEREAS, the proposed correction to the legal description and Ordinance will allow the District to remain the best alternative available for delivering community development services and facilities to the area served by the District; and WHEREAS, the proposed correction to the legal description and Ordinance will not cause the District's community development services and facili ties to be incompatible with the capacities and uses of existing local and regional community development services and facilities; and WHEREAS, the proposed correction to the legal description and Ordinance will allow the District to remain amenable to separate special-district government; and WHEREAS, in order to seek a correction to the legal description and Ordinance the District desires to authorize the Chairman, members of the board of supervisors, and District Staff to petition the County to correct the scrivener's error and amend the legal description of the Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WENTWORTH ESTATES COMMUNITY DEVELOPl\1ENT DISTRlCT: Section I: The recitals as stated above are true and correct and by this reference are incorporated into and form a material part of this Resolution. Section 2: The Board hereby directs the Chairman and District Staff to proceed in an expeditious manner with the preparation and filing of the petition to the County to correct the scrivener's error to the legal description of the District and amend the Ordinance. Section 3: This Resolution shall become effective upon its passage. PASSED this ATTEST: /0 /' day of /7-"(tl> II d "'7 ~~~ Secretary Agenda Item No. 17C March 28, 2006 Page 19 of 21 -'1 .2006. WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRICT ~ Chairman. Board of Supervisors ~"1 Agenda Item No. 17C March 28, 2006 Page 18 of 21 WHEREAS, the proposed correction to the legal description and Ordinance are in the best interests of the District, the County. and the future residents and landowners of the District; and WHEREAS. the proposed correction to the legal description and Ordinance is not inconsistent with the State Comprehensive Plan or the CoJlier County Comprehensive Plan; and WHEREAS. the proposed correction to the legal description and Ordinance will allow the District to continue to be of sufficient size, sufficiently compact, and sufficiently contiguous to be developable as one functionally related community; and WHEREAS, the proposed correction to the legal description and Ordinance will allow the District to remain the best alternative available for delivering community development services and facilities to the area served by the District; and WHEREAS, the proposed correction to the legal description and Ordinance will not cause the District's community development services and facilities to be incompatible with the capacities and uses of existing local and regional community development services and facilities; and WHEREAS, the proposed correction to the legal description and Ordinance will allow the District to remain amenable to separate special-district government; and WHEREAS. in order to seek a correction to the legal description and Ordinance the District desires to authorize the Chairman. members of the board of supervisors. and District Staff to petition the County to correct the scrivener's error and amend the legal description of the Ordinance. NOW THEREFORE~ BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WENTWORTH ESTATES COMMUNITY DEVELOPMENT DISTRlCT: Section I: The recitals as stated above are true and correct and by this reference are incorporated into and form a material part of this Resolution. Section 2: The Board hereby directs the Chairman and District Staff to proceed in an expeditious manner with the preparation and filing of the petition to the County to correct the scrivener's error to the legal description of the District and amend the Ordinance. Section 3: This Resolution shall become effective upon its passage. KINGS LAKE (DRI) 7 WEST CROWN POINTE: 8 9 N ftrC , HEb'b1r8ge 2't1''9~~~<:AL AND 10 COUNTRY ClUB lHE CLUB ESTATES LAGO VERDE II 1/ II I II 17 1/ II ROYAL WOODS II G&C CLUB II HUNllNGTON I I WOODS II I RATTLESNAKE I 16 NAPLES LAKES COUNTRY CLUB 15 WlNDST R 14 (C.R. 884) 22 SIERRA EADOWS 24 LELY COUNTRY CLUB 20 (DRI) 21 LEL Y, A R ORT COMMUNITY DRr) 28 26 25 COLLIER DRI 27 35 36 ~ m It Ii 10 ASGM BUSINESS CTR. OF NAPLES SILVER LAKES PELICAN LAKE ROOKERY SAY Agenda Item No. 17C March 28, 2006 Page 21 of 21 Hopping Green & Sams Attorneys and Counselors February 10, 2006 Jeffrey Klatzkow, Esq. Office of the County Attorney 3301 Tamiami Trail East, Building F Naples, Florida 34112 Dear Jeff: Enclosed please find a petition from the Wentworth Estates Community Development District regarding the correction of a scrivener's error in the district's legal description. I will provide under separate cover a proposed ordinance form. Additionally, petitioner proposes to provide to you affidavits in support of the petition which are also forthcoming. Please accept this letter as written confirmation of petitioner's agreement to pay all notice costs associated with this ordinance amendment. I look forward to speaking with you soon. Very Truly Yours, ~d~; Jonathan T. Johnson JTJ/grg Enclosure(s) -~------_._--_.__.- Post Office Box 6526 Tallahassee, Florida 32314 123 South Calhoun Street (32301) 850222.7500 850.22t8551 lax www.hgslaw.com